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Item C17
I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: C.17 Agenda Item Summary #3322 REVISED ITEM WORDING AND BACKUP: Revised contract amount, annual costs and local match in Agenda ltern )A7ording and fiscal Impact, and replaced Amendment 6 with revised version. BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Olympia Newton (305) 292-4521 N/A AGENDA ITEM WORDING: Approval of Amendment 6 to the Contract with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public (est. March 2022), and increase the annual contract amount by ' 45,7-3-3 2 $76,482.00, to a total annual amount of $331,734.00. The County's local match will increase by $ 4,"4-5--0 $28,858.92 to a total annual amount of &-3-7- �� $126,058.92. Revise contract to increase cost of additional trigs for educational grouts beyond 84 round trips included in base price to $225 per round trip (paid by others . ITEM BACKGROUND: FDOT agreed to fund repairs to the Old Seven Mile Bridge with the provision that the City of Marathon, Monroe County and the Pigeon Key Foundation continue to fund the Pigeon Key Ferry Service until bridge repairs are complete. This Amendment 6 extends the contract for one additional year until June 30, 2022 or until the Old Seven Mile Bridge construction project is completed and the bridge is re-opened to the public, which is currently scheduled for March 2022, and Paradise Divers' increase in operating cost due to the Covid-19 Pandemic, increase in fees, fuel, and retaining staff has warranted this price increase request. PREVIOUS RELEVANT BOCC ACTION: FDOT: BOCC approved on May 16, 2018 Amendment 1 to JPA with FDOT to provide three more years of partial ferry funding. BOCC approved a Joint Participation Agreement(JPA) with FDOT to provide three years of partial ferry funding on May 20, 2015. BOCC approved by resolution of Amendment 2 to the Joint Participation Agreement(JPA) with Florida Department of Transportation (FDOT)to increase the total contract amount by $37,500 (increase of$12,500 per year) for a revised not to exceed amount of $912,500 to partially fund operation of the Pigeon Key Ferry through October 31, 2021. CITY OF MARATHON: BOCC approved Amendment 4 to ILA with City of Marathon for additional 3 years of funding on June 20, 2018. BOCC approved on May 20, 2015 Amendment 3 to Interlocal Agreement(ILA)with the City of Marathon to provide three years of partial ferry funding. BOCC approved Amendment No. 5 to the Interlocal Agreement (ILA) with the City of Marathon to increase the reimbursement to the County to 7.5% of the base ferry service (no special events or overhead costs or charges) or up to $19,143.90 (increase of $1,800 per year), whichever is less, on an annual term beginning July 1, 2019 for three (3) consecutive terms. PARADISE DIVERS: BOCC approved on June 20, 2018 Amendment 3 to Contract with Paradise Divers to extend contract period from one more year until June 30, 2019. BOCC approved on May 17, 2017Amendment 2 to Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2018 at the May 17, 2017 meeting. BOCC approved on May 18, 2016 Amendment 1 to Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2017. BOCC approved on June 10, 2015 a one-year contract (with option to renew agreement for five additional twelve-month periods) with Paradise Divers, Inc. to provide ferry services to Pigeon Key for period of July 1, 2015 — June 30, 2016. BOCC approved of Amendment 4 to the Contract for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2020, and increase the annual contract amount by $24,000 to a total per year amount of $255,252.00. The county's local match will increase by $9,700 to a total annual amount of $97,200. BOCC approved Amendment 5 to the Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2021 at the June 21, 2020 meeting. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval of amendment 6 time extension to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public, and approval of price increase. DOCUMENTATION: Amend. 6 contract time extended and price increase rev) Contract& Amends Paradise Divers EXEC 6-10-15 FINANCIAL IMPACT: Effective Date: July 1, 2021 Expiration Date: June 30, 2022 Total Dollar Value of Contract: " , _® $334g73 ®00 Total Cost to County: $ 7,445-.'''$42 6 05 8.9 2 Current Year Portion: $45,4154t$34,514.73 Budgeted: Yes Source of Funds: Monroe County/FDOT/City of Marathon CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: $4 c -VA1 9�179,137 (FDOT)/ 27 ����.Q��24,880.05 (City of Marathon)/ 2 -5-94$ 8.67 (Pigeon Key Foundation) County Match: 4 37,44 126,05&92 Insurance Required: Yes Additional Details: REVIEWED BY: Judith Clarke Completed 05/28/2021 1:07 PM Christine Limbert Completed 06/01/2021 2:15 PM Purchasing Completed 06/01/2021 2:21 PM Budget and Finance Completed 06/01/2021 4:57 PM Maria Slavik Completed 06/01/2021 5:24 PM Liz Yongue Completed 06/01/2021 5:33 PM Board of County Commissioners Pending 06/16/2021 9:00 AM AMENDMENT 6 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this day of June, 2021 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 10t' 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 18t' day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS, on the 17t' 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 20t' 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 19t' day of June, 2019 the parties amended the contract to extend the contract expiration date for an additional year and 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 amended to $21,271 per month; Based on $699.32 per day for 365 days per year; and WHEREAS, on the 17t' day of June, 2020 the parties amended the contract to extend the contract expiration date for an additional year and NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: 1. 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, 2021 and terminating June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public. 2. Exhibit A-Scope of Service and Cost- Monthly fee for transportation of passengers and/or goods for the hours of 10:00am through 4:00pm as described in Base Service shall be amended to $27,644.50 per month; Based on $908.86 per day for 365 days per year or until the Old Seven Mile Bridge is re-opened to the public. 3. Exhibit A-Scope of Services Additional trips as needed for educational groups beyond 84 round trips included in base service: $225 per round trip (30 days notice required for additional trips) Amend. 6 Paradise Divers Page 1 of 2 4. In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 and amended on May 17, 2017, amended on June 20, 2018, amended on June 19, 2019, and amended on June 17, 2020 remains in full force and effect. IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By As Deputy Clerk Mayor/Chairman WITNESS: PARADISE DIVERS, INC. By By By Title MONROE COUNTY/ Chi RISI INE LIMBF:RT•BARROWS ASSISTANT COUNTY ATTORNEY DATE. 6/15/21 Amend. 6 Paradise Divers Page 2 of 2 C.17' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: C.17 Agenda Item Summary #3322 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Olympia Newton (305) 292-4521 N/A AGENDA ITEM WORDING: Approval of Amendment 6 to the Contract with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public (est. March 2022) , and increase the annual contract amount by $105,733.20 to a total annual amount of $360,985. The County's local match will increase by $40,245.04 to a total annual amount of$137,445.04. ITEM BACKGROUND: FDOT agreed to fund repairs to the Old Seven Mile Bridge with the provision that the City of Marathon, Monroe County and the Pigeon Key Foundation continue to fund the Pigeon Key Ferry Service until bridge repairs are complete. This Amendment 6 extends the contract for one additional year until June 30, 2022 or until the Old Seven Mile Bridge construction project is completed and the bridge is re-opened to the public, which is currently scheduled for March 2022, and Paradise Divers' increase in operating cost due to the Covid-19 Pandemic, increase in fees, fuel, and retaining staff has warranted this price increase request. PREVIOUS RELEVANT BOCC ACTION: FDOT: BOCC approved on May 16, 2018 Amendment 1 to JPA with FDOT to provide three more years of partial ferry funding. BOCC approved a Joint Participation Agreement(JPA) with FDOT to provide three years of partial ferry funding on May 20, 2015. BOCC approved by resolution of Amendment 2 to the Joint Participation Agreement(JPA) with Florida Department of Transportation (FDOT)to increase the total contract amount by $37,500 (increase of$12,500 per year) for a revised not to exceed amount of $912,500 to partially fund operation of the Pigeon Key Ferry through October 31, 2021. CITY OF MARATHON: BOCC approved Amendment 4 to ILA with City of Marathon for additional 3 years of funding on June 20, 2018. BOCC approved on May 20, 2015 Amendment 3 to Interlocal Agreement(ILA)with the City of Marathon to provide three years of partial ferry funding. BOCC approved Amendment No. 5 to the Interlocal Agreement (ILA) with the City of Marathon to increase the reimbursement to the County to 7.5% of the base ferry service (no special events or Packet Pg. 534 C.17 overhead costs or charges) or up to $19,143.90 (increase of $1,800 per year), whichever is less, on an annual term beginning July 1, 2019 for three (3) consecutive terms. PARADISE DIVERS: BOCC approved on June 20, 2018 Amendment 3 to Contract with Paradise Divers to extend contract period from one more year until June 30, 2019. BOCC approved on May 17, 2017Amendment 2 to Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2018 at the May 17, 2017 meeting. BOCC approved on May 18, 2016 Amendment 1 to Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2017. BOCC approved on June 10, 2015 a one-year contract (with option to renew agreement for five additional twelve-month periods) with Paradise Divers, Inc. to provide ferry services to Pigeon Key for period of July 1, 2015 — June 30, 2016. BOCC approved of Amendment 4 to the Contract for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2020, and increase the annual contract amount by $24,000 to a total per year amount of $255,252.00. The county's local match will increase by $9,700 to a total annual amount of $97,200. BOCC approved Amendment 5 to the Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2021 at the June 21, 2020 meeting. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval of amendment 6 time extension to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public, and approval of price increase. DOCUMENTATION: Amend. 6 contract time extended and price increase Contract& Amends Paradise Divers EXEC 6-10-15 FINANCIAL IMPACT: Effective Date: July 1, 2021 Expiration Date: June 30, 2022 Total Dollar Value of Contract: $360,985.00 Total Cost to County: $137,445.04 Current Year Portion: $45,815.01 Budgeted: Yes Source of Funds: Monroe County/FDOT/City of Marathon CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: $194,300.18(FDOT)/ $27,073.88 (City of Marathon)/ $2,165.91 (Pigeon Key Foundation) County Match: $137,445.04 Insurance Required: Yes Packet Pg. 535 C.17 Additional Details: REVIEWED BY: Judith Clarke Completed 05/28/2021 1:07 PM Christine Limbert Completed 06/01/2021 2:15 PM Purchasing Completed 06/01/2021 2:21 PM Budget and Finance Completed 06/01/2021 4:57 PM Maria Slavik Completed 06/01/2021 5:24 PM Liz Yongue Completed 06/01/2021 5:33 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 536 AMENDMENT 6 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this day of June, 2021 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, E hereafter the "CONTRACTOR". X 0) WHEREAS, on the 10t' day of June, 2015, the parties executed a contract authorizing the a) Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key; and WHEREAS, on the 18t' day of May, 2016, the parties amended the contract to extend the contract � expiration date for an additional year; and v) WHEREAS, on the 17t' 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 20t' 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 a Visitor's Center at Hyatt Place located at 2010 Overseas Highway, Marathon, FL 33050; and WHEREAS, on the 19t' day of June, 2019 the parties amended the contract to extend the contract expiration date for an additional year and 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 amended to $21,271 per ms' month; Based on $699.32 per day for 365 days per year; and -� WHEREAS, on the 17t' day of June, 2020 the parties amended the contract to extend the contract expiration date for an additional year and NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: F 1. 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, 2021 and 0 terminating June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public. 2. Exhibit A-Scope of Service and Cost- Monthly fee for transportation of passengers and/or E goods for the hours of 10:00am through 4:00pm as described in Base Service shall be amended to $30,082.08 per month; Based on $989.00 per day for 365 days per year or until the Old Seven Mile Bridge is re-opened to the public. E 3. In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 and amended on May 17, 2017, amended on June 20, 2018, amended on June 19, 2019, and amended on June 17, 2020 remains in full force and effect. Amend. 6 Paradise Divers Page 1 of 2 Packet Pg. 537 IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA c By: By As Deputy Clerk Mayor/Chairman X a� WITNESS: PARADISE DIVERS, INC. v) By By By Title 0 a) 0 Amend. 6 Paradise Divers Page 2 of 2 Packet Pg. 538 C.17.b 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 y "COUNTY",and Paradise Divers,Inc.,whose address is 31243 Avenue E,Big Pine Key,FL 33043, X hereafter the"CONTRACTOR". WHEREAS,on the 101`day of June,2015,the parties executed a contract authorizing the Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key;and WHEREAS,on the 18*day of May,2016,the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS,on the 17t'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 8 WHEREAS,on the 20a`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 LO WHEREAS,on the 19d day of.tune,2019 the parties amended the contract to extend the contract avnrira...tion 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 c� 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: c� 1. 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 farce and effect. 06 i [REMAINER OF PAGE iNTENTIONALY LEFT BLANK) Amend. 5 Paradise Divers Pagel of 2 Packet Pg. 539 C.17.b ,..ICI-WTNESS WHEREOF each party hereto has caused this Contract to be executed by its duly ,y aat ri 0 representative. (SEAM: BOARD OF COUNTY COMMISSIONERS Attegt:.ICILi1+A MADOK,CLERK OF MONROE CO ORIDA _ v, t.�•,. B y As Deputy Clerk ayo airman g PARADISF DIVERS,INC. gy By By L.J,ffl oorl Title Pe S/C6,,,� 8 LO MONROE COUNTY ATTORNEY AST f o�� i 17�3f1a CNRWFNR LIMMT—BARROWS ASS;STA\T CONM ATTORNEY PATE 5112J2{1 .. ff7 CL sm ff7 sm r A' Chi C E NO 06 .Z C Amend. 5 Paradise Divers Page Z of Z Packet Pg. 540 C.17.b AC RIY CERTIFICATE OF LIABILITY INSURANCE =03/2 012420 IDOIYYYYi �� 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(les)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 Ileu of such endorsemen s. coNTACT PRODUCER NAME: FAX A1ina ChiappD NSI Insurance Group M . (305)556-1488 ! Nol.(305)556-36e0 8181 Northwest 154th Suite 230 :E ass.alinae@nsigroup.org INSURERS)AFFORDING COVERAGE NAIC K N C Miami Lakes FL 33016 INsuRERA:Great Lakes Reinsurance (UK) Grlake INSURED INSURER S. Paradise Divers Inc. INSURERC: .. INSURER D: 31243 Ave E INSURER E Big Pine TAY FL 33043 INSURER 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 BY PAID CLAIMS. o INSR TYPE OF INSURANCE ADflt POLICY NUMBER POLY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,00C AE TO RENTED A CLAIMS-MADE 1-1 OCCUR REMISES Ea occurrence = 0 X Incl Passenger Liability x CSRYP1180557 2/23/2020 2/23/2021 VIED EKP(Any one person) 3 10,000 _ Incl Crew Liabili -PERSONAL 8ADVINJURY S R GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 1,000,00( POLICY C1 JJEC F1 LOC I PRODUCTS-COMPIOPAGG S CD CD OTHER: UNsured Beater $ 100,00( r� AUTOMOBILE uABILrTYVDWWT Ea ecdderu MI S - ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED ItY - BODILY INJURY(Par accident) _ AUTOS AUTOS NON-OWNED 3'2 4/2 0 2 0 PROPERTY DAMAGE HIRED AUTOS AUTOS {Per acatlerR] S �° $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ - EXCESS LIAB HCLAIMS-MADE AGGREGATE S U) DED RETENTIDN S WORKERS COMPENSATION STATUTE ER AND EMPLOYERS'LIABILITY Y 1 N ANY PROPRIETORIPARTNEROF-XECUTIVE ❑ NIA E.L.EACH ACCIDENT $ CIL OrRCERIMEMBER EXCLUDED? t/g (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S DESCR MIrbo�rPERATIDNS below E.L.DISEASE-POLICY LIMIT $ C 1988 30, Island Kopper Hull Value 52,0❑ "Paradise Diver IV" 06 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddHlonal Remarlts Schedule,may be att chsd N nwm space M mqulwd) Dive boat operation located at 1 knights Key Blvd, Marathon, FL and 1240 Overseas Hwy, Marathon FL Hull $52,000; Ded $3,640, W/5 Dad $7,280, Towing $500, P&I $1,000,000; Ded $2,500, Crew Liability 0 $i3OD0,000; Aeu $2,500, Passenger Liability $1,000,000; Dad $2,500, Pollution Liability $1,000,000; Ded $2,500, Medical Payments $10,000; Ded $100, Uninsured Boater $100,000 C 0 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 AUTHORIZED REPRESENTATIVE Oscar Seikaly/ALINA 01989-2014 ACORD CORPORATION. All rights reserve) ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1NS026(201401) Packet Pg. 541 _ C.17.b ACVR� CERTIFICATE OF LIABILITY INSURANCE =3/20/2020ATE �" `� 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(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condHions 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 endorsements. PRODUCER NAME: Alines ChiappCO NSI Insurance Grano PHONE [305)556-1486 F0.X N,:C30s)sss_asa0 8181 Northwest 154th Suite 230 ADDDDRESS:alina@rmig.Us F INSURERISW AFFORDING COVERAGE NAIC i N Miami Lakes FL 33016 INSURERA:Great Lakes Reinsurance Ott Grlake INSURED INSURER B Paradise Divers Inc. INSURER C: INSURER D: 31243 Ave E INSURER E Sig Pine Key rL 33043 INSURERF: 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. IN SR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE OCCUR PREMISES fEa ocaxrenoe S 0 X Incl Passep"r Liabili x X CSRYP/180857 2/23/2020 2/23/202I MED EXP(Any one person) S _ X Inc1 Crew Liability PERSONAL&AM INJURY $ E GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 1,000,00C LO POLICY JJE 0. LOG PRODUCTS-COMPIOP AGO $ r� OTHER: Unirisurad Boaters Uabldly $ 100,00C rCOMBINEU - tJP AUTOMOBILE LIABILITY En accidt L LIMIT $ en r ANY AUTO BODILY INJURY(Per parson) $ k __ LU ALL OWNED SCHEDULED �� BODILY INJURY(Per accident) S AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE $ Per acoldent �, HIRED AUTOS AUTOS ISY UMBRELLA LWB 2 4 2020 EACH OCCURRENCE S OCCUR -- EXCESS LIAB CLAIMS-MADE AGGREGATE S — iflMr�fl — U7 DED RETENTION SPEFI S WORKERS COMPENSATION H- AND EMPLOYERS'LIABILITY IN STATL7TE ER _ ANY PROPRIETOR+PARTNER+E7(ECUTIVE r� N IA. E.L.EACH ACCIDENT $ _ (Mand&M In NH) CIL OFMCERIMEMBER EXCLUDED? E-L DISEASE-EA EM PLOYEE S N It yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1987 3011 Island Hopper Hut value 45,001 "Paradise Sea Diver" DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addkloml Remarks St.Mdul&,may be att&chsd N mare&pees Is mqulrrd) Dive boat operation located at 1 Knights Key Blvd, Marathon, FL and 1240 Overseas Hwy, Marathon PZ Hull $45,000; Dad $3,150, MIS Dad $6,300, Towing $500, PiI $1,000,000; Dad $2,500, Crew Liability O $1,000,a", iced $2,500, Passenger Liability $1,000,000; Pad $2,500, Pollution $1,000,000; Dad $2,500, Medical Payments $10,000; Dad $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 33044 AUTHORIZED REPRESENTATIVE �T Oscar Seikaly/ALINA ®1588-2014 ACORD CORPORATION. All rights reservel ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD IN8025(201401) Packet Pg. 542 Fug. IM019 9, 1,BAM Boulaer Uniye°sity inn Na. 0635 P. 1 C.77.b sell faun MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS it is ruposted that the insmmce re iWm menu,a:speaflcd in the Coumy's Sdwdule of fs sura wa PagW mt wd%be wssiwtd or mudiffed on the fblluwk%;xmimcL !al VL �NL 'cn C,onlrawoNVendor QY I t __. �d/'frr S�ry1 GQ- P,Weot or Service, I � oaimrnt�lventlar ,f F' � � ��� 1 3 43 Address&Phu"0' 1 � —R 21-0 G _ j ter►' r�-vac c. [}eneref Scope of Work: _J`f 9*�'� „�..��, -- ...... Reason ibr Wairar or r ►' _ 5�+e ,d +�! e Modlfksitieer .. LO Poncksalmor MedbiOatwaa will apply Id7 �pr r-.t�C cre Tp]L Ca swoon of CantrsaudVendon _ Dade; 3-2�4-20�20 ApprvYed Not Approved — gfS1e Maria L. Slavik 3-24-2020 _ lama CL Ccv*AdndnWP*wappW'. Approved: Not App u"& note: 06 — Soerd of Cpttttey Comrniplanees gipped: -- - Approved. Not Appr°v°d' Uc i Mmipmrelire lowediae 75M.7 ill Packet Pg. 543 C.17.b wit 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* .N NON-CONSTRUCTION INDUSTRY EXEMPTION x This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 9/412019 EXPIRATION DATE: 9/3/2021 PERSON: LARRY WRIGHT EMAIL: LARRYWRIGHT60 o@YAHOO.COM FEIN: 650718898 BUSINESS NAME AND ADDRESS: PARADISE DIVERS INC 8 31243 AVE E BIG PINE KEY, FL 33043 uO SCOPE OF BUSINESS OR TRADE: Diving-Marine tg U IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by fling 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 noboe of election to be exampt.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. fry CL DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01043565 QUESTIONS?(850)413-1609 06 U I O Packet Pg. 544 C.17.b AMEN1JAN NT 4-M 1HE CONTRACT 1*OR TEMPORARY FERRY DER `XCE BETWEEN THE CITY OF "1'IION AND PIGEON ICY THIS CONTRACT AMENDMENT is entered into this µ.I.C, day of,Lune, 2019 between Monroe County, whose address is 1100 Simonton Street, Key West,FL 33040, hereafter the "COUNTY", and Paradise Divers, Inc., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR". WHEREAS,on the 10"'day of June,2015, the parties executed a contract authorizing the Contractor to perform temporary ferry service between the City of Marathon and Pigeon'Key; and WHEREAS,on the 181h day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS,on the 17'" 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 8 WHEREAS, on the 201h 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 LO NOW THEREFORE,in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: LU 1. Section 5.0 A. TERM OF CONTRACTIRENEWAL shall be amended to read as follows: This contract shall be extended for a period of twelve months,commencing July 1, 2019 and >_ terminating June 30, 2020 in accordance with subsection B below. 2. Exhibit A—Scope of Services and Cost—Monthly fee for transportation of passengers and/or goods for the hours of 10:00am through 4:00prn as described in Base Service shall be CL amended to$21,271 per month; Based on$699.32 per day for 365 days per year. 3. In all other respects the Contract dated June 10,2015 as amended on May 18, 2016 and amended on May 17, 2017 and amended on June 20, 2018 remains in full force and effect. 0 i [REMAINER OF PAGE INTENTIONALY LEFT BLANK] Amend. 4 Paradise Divers Page 1 of 2 Packet Pg. 545 C.17.b IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. ' BOARD OF COUNTY COMMISSIONERS _ r 1 IN MADOK, CLERK OF MONR COU Y,FLORIDA _ •RNwo.T�o��=. Deputy Clerk Nfayorkhairman _ °3 WITNESS: PAR:ADI E DIVERS,;INC. B - Y BY X BY 8 LO MONROE COUNTY ATrOMEY ns so: rws�. CftISfW&L0N9ERT-HARR0W5 a� ASS_ISTANL PUNfYA. ORNL'Y' DATE:; _ CL O I C- C!3L !" C�FT? "i7 a �7- j jr 06 U • -� 0 x1 Amend.4 Paradise Divers Page 2 of 2 Packet Pg. 546 C.17.b AMENDMENT 3 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this 201 day of June, 2018 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". X 0) WHEREAS, on the loth day of June, 2015, the parties executed a contract authorizing the W Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key; and WHEREAS, on the 18th day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and v) WHEREAS, on the 171h 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,the current contract expires June 30, 2018 but the County has the option to renew the contract and both parties mutually agree to a contract extension; a. LO NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: LU t� 1. 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, 2018 and terminating June 30, 2019 in accordance with subsection B below. i� 2. Exhibit A— Scope of Services and Cost—Docking Facilities shall be amended to change the Contractor access location to the Pigeon Key Visitor's Center at Hyatt Place located at 2010 Overseas Highway, Marathon, FL 33050. i 3. In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 and amended on May 17, 2017 remains in full force and effect. E 06 �t 0 i [REMAINER OF PAGE INTENTIONALY LEFT BLANK] Amend. 3 Paradise Divers Page 1 of 2 Packet Pg. 547 S WHEREOF each party hereto has caused this Contract to be executed by its duly 1,11, sentative. q�.4 BOARD OF COUNTY COMMISSIONERS 4 r ADOK CLERK OF MONROE COUNTY, FLORIDA ri . ay By: . ._ Deputy Clerk Mayor/Chairman X WITNESS PARADISE DIVERS, INC. By " * r By _. Title 4 / r 8 LO MONROE COUNTY ATTORNEY r I'1'RO�EDAST�FORM° CHRISTINE I.IMBERT-BARROWS � ASSISTANT op ,RNEY � DATE' CL - J I 06 0 tJ I Amend. 3 Paradise Divers Page 2 of 2 Packet Pg. 548 C.17.b AMENDMENT 2 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this I ql�day of MW 2017 between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the "COUNTY", and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR". WHEREAS, on the 101h 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 181h day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS, the current contract expires June 30, 2017 but the County has the option to renew the contract and both parties mutually agree to a contract extension; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: LO 1. Section 5.0 A. TERM OF CONTRACT/RENEWAL shall be amended to read as follows: This contract shall be extended for a period of twelve months, commencing July 1, 2017 and terminating June 30, 2018 in accordance with subsection B below. 2. Section 22.0 PUBLIC ACCESS shall be amended to add the following: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of E this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision 06 shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall i survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. Amend. 2 Paradise Divers Page 1 of 3 Packet;Pg. 549 (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. N (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the 0) County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall W immediately notify the Contractor of the request, and the Contractor must provide the records to LO the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. c. i The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Amend. 2 Paradise Divers Page 2of3 Packet;Pg. 550 C.17.b 3. In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 remains in full force and effect. ;1E1�1 'hWHEREOF each party hereto has caused this Contract to be executed by its duly 4uthoi i t-epntative. �r .2.. 1 ( EAL�. r�° r f BOARD OF COUNTY COMMISSIONERS Atti EVINMADOK, CLERK OF MONROE COUNTY, FLORIDA \r/�! By: By. Deputy Clerk Mayor/Chairman WITNESS: PARADI E DIVERS, INC. By By �liA4 f/ l c By Title rls/� ' LU LU 0NR0E t_ AFT 0 R N E Y � GH?!ti?InIE ". I_ F-'BERT-BARROWS ASS1S AN '"TORNEY � Date ���%1�%� 06 CD 4 CM N -� CD 1 ►a. LA V CJ 0" GC= O N Y LA- cn VCr W r-- C Amend. 2 Paradise Divers Page 3 of 3 Packet;Pg. 551 C.17.b A DATE(MM/DD/YYYY) lm"® CERTIFICATE OF LIABILITY INSURANCE 2/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alina Chipp a O NSI Insurance Group PHONE (305)556-1488 FAX (305)556-3680 (A/C,No._ExtI: ---- ---- _-_-__ I(A/C,No): 8181 Northwest 154th Suite 230 E-MAIL alinac@nsi rou ADDRESS: g p•or g INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA:Great Lakes Reinsurance (UK) Grlake x INSURED INSURER B: Qy Paradise Divers Inc. INSURERC: INSURER D: 31243 Ave E INSURERE: 2 Big Pine Key FL 33043 1 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 BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY POLICY EXP - - -- - - - -INSR ADDL SUBR' POLICY EFF LIMITS MMIDDNYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r- DAMAGE TO RENTED O A CLAIMS-MADE' OCCUR PREMISES JEa occurrence) $ _ 0) X Incl_ Passenger Liability CSRYP/160561 2/23/2017 2/23/2018 MED EXP(Any one person) $ 'CL ® ty - L PERSONAL-&ADV INJURY $ POLICYf 1,000,000 L1 X Incl CrewECTabili5PER GENERAL AGGREGATE $ L EN OTHER AGGREGATE LIMIT APPLIES LOC ' PRODUCTS-COMP/OP AGG $ CD PRO- to Unisured Boater $ 100,000 _ LE AUTOMOBILE LIABILITY �-Oa acci DG Per LIMIT person) i$ LU ANY AUTO , _INJURY __$_ _ ALL OWNED SCHEDULED _ - LU AUTOS �� AUTOS 'I, BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE l ~ HIRED AUTOS i i AUTOS (Per accident) _ _ a- 0) UMBRELLA LIAB I -.-- $OCCUR EACH OCCURRENCE �I I, EXCESS LIAB __ CLAIMS-MADE I AGGREGATE $ 'W DED RETENTION$ $ WORKERS COMPENSATION _- 1.STATUTE__..-_--ERH 4 (B AND EMPLOYERS'LIABILITY I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ N OFFICER/MEMBER EXCLUDED? Y/N N I A --- - -_ } --- --- --- (Mandatory in NH �' EL DISEASE-EA EMPLOYE' $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E 1988 30' Island Hopper Hull Value 52,00006 2,000 "Paradise Diver IV" '. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) � Dive boat operation located at 1 Knights Key Blvd, Marathon, 4APP 0 Overs s H Marathon FL Ca I RISK NT I N C ADDITIONAL INSURED CANCELLATION c� - 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 AUTHORIZED REPRESENTATIVE Oscar Seikaly/ALINA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet;Pg. 552 C.17.b AMENDMENT 1 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this day of ; 2016 between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, leer a0e.the "COUNTY", and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR". WHEREAS, on the 1 Oth day of June, 2015, the parties executed a contract authorizing the X Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key; and 0) WHEREAS,the current contract expires June 30, 2016 but the County has the option to renew the contract and both parties mutually agree to a contract extension; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree LN to County's option to renew the contract and to amend the contract as follows: 1. 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, 2016 and 0 terminating June 30, 2017 in accordance with subsection B below. - LO 2. In all other respects the Contract dated June 10, 2015 remains in full force and effect. IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS VILIN, CLERK OF MONROE C t.NTY, FLORIDA i CL By ' eputy Clerk !� May r/C1 an WITNESS: PARAD IS IVERS, INC. 6- . y_ By Title Amend. 1 Paradise Divers Page 1 of 1 Packet Pg. 553 C.17.b CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY 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"). 2 WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1.01 THE CONTRACT The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents. 1.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 2.0 SCOPE OF THE WORK LO 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. CL 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 06 circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. c 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 Packet Pg. 554 C.17.b 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, 2015 and N terminating June 30, 2016. X W B. The County shall have the option to renew this agreement after the first term of twelve 0) 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 0 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. LO 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. c� 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 c contained elsewhere within the Agreement. In the event that any claims are brought or actions are filed against the County with respect to E 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 Packet Pg. 555 appellate levels. The County, at is sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any This indemnification shall survive the expiration or early termination of the Agreement. 7.0 INDEPENDENT CONTRACTOR .2 At all times and for all purposes under this agreement the Contractor is an independent X 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 0 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) LO 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 VI I I 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. 0 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 Packet Pg. 556 C.17.b 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 .2 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 X 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 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of 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 0 COUNTY. Prior to execution of this agreement, the contractor shall furnish the County Certificates of LO Insurance indicating the following minimum coverages: ' Worker's Compensation Statutory Limits Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease, each employee Jones Act Coverage $1,000,000 per occurrence Vehicle Liability $1,000,000 per occurrence (Owned, non-owned and hired vehicles) $1,000,000 combined single limit CL i General Liability, including $1,000,000 combined single limit Premises/Operations E Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage 0 i Water Craft Liability $1,000,000 times maximum passenger rating (50 passengers- $50,000,000 limit) Pollution Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate Packet Pg. 557 C.17.b CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an 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, a 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. x 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, a, 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 8 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: 'n For the County: LU ca Monroe County Administrator and Monroe County Attorney LU 1100 Simonton Street P. O. Box 1026 Key West, FL 33040 Key West, FL 33041-1026 F r the CContractor: l 1/77 t8 '33o'-E3 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 Packet Pg. 558 C.17.b 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 X any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 0) 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 0 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, LO 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. LU ca c) Cooperation. In the event any administrative or legal proceeding is instituted against LU 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. CL i 16.0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance 06 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 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 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. Packet Pg. 559 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. y Each party represents and warrants to the other that the execution, delivery and performance of X this Agreement have been duly authorized by all necessary County and corporate action, as 0) required by law. 19.0 COVENANT OF NO INTEREST LN 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. 8 20.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to LO 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, E corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, CL 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, 06 commission, percentage, gift, or consideration. 22.0 PUBLIC ACCESS. 0 U 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. 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: Packet Pg. 560 C.17.b (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. X (d) Meet all requirements for retaining public records and transfer, at no cost, 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. 23.0 NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County 0 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 LO entered into by the County be required to contain any provision for waiver. 24.0 PRIVILEGES AND IMMUNITIES. ca 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. i 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 Packet Pg. 561 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 y an Ethics Statement, and a Drug-Free Workplace Statement. x 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. 8 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 LO 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. ca 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. c� 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 E-VERIFY m 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 to verify the employment eligibility of all new employees hired by the Contractor or any subcontractors during the contract term. (Executive Order Number 2011-02) i 30.0 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. Packet Pg. 562 C.17.b 31.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 32.0 SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference X only, and it is agreed that such section headings are not a part of this Agreement and will not be 0) 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. Q BOARD OF COUNTY COMMISSIONERS AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA LO tsm. = By. - .�AerKj Mayor/ChWna a R 4k 41 / Date: b/1®I/ c� PARADIS DIVERS, INC. WITNESS: CL BY: By: ►'`� $S� E Title: We06 c i MONROE COUNTY ATTORNEY PPPO ,' O AS TO FOR CI-lRI�TItv o w ,.e. ST DITTO R N E Y Packet Pg. 563 EXHIBIT A SCOPE OF SERVICES AND COST BASE SERVICE Ferry Service Requirements The service shall consist of two components, passenger transport and goods transport, as y described below. The Contractor shall be responsible for providing all staffing, vessels, and associated equipment and services necessary to operate the service. X 1. Passenger Transport The Contractor shall provide for the safe, reliable and comfortable transport of passengers between landing facilities within the City of Marathon and Pigeon Key 2 consistent with the functional requirements described within this section. Base service will be provided daily between the hours of 10 AM and 4 PM at headways no greater 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: 0 There are typically 85 educational groups per year, ranging in size from 15 to 70 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 LO transportation for educational groups on regularly scheduled service to the extent ' ,possible. Base service fee will include up to 84 additional round trips to accommodate educational groups that cannot be accommodated in the regularlyLU ca scheduled services. The cost for additional vessels to move educational groups that cannot be accommodated in the regularly scheduled service beyond the 84 LU 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 CL fixed schedule between 10 am and 4 pm daily. C. Guest House Use E The Foundation provides overnight use of the Guest House on Pigeon Key on a prearranged basis throughout the year. The Guest House is typically occupied 250 nights a year by groups of up to eight persons. Every effort should be made to accommodate these trips within the base service. 0 d. Foundation Staff Up to five staff members remain in residence on Pigeon Key. Staff access will be accommodated within the base service in a manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. Packet Pg. 564 C.17.b 2. Goods Transport The Contractor shall provide all labor and equipment necessary for the safe, reliable and environmentally secure transport, loading and off-loading of goods between landing facilities in the City of Marathon, and Pigeon Key. Contractor will provide for goods movements using the scheduled base service, supplemented by a minimal number of additional trips that would consolidate ferry trips in a cost-effective manner. a. Consumables Foundation operations require regular delivery of diesel and propane fuel, food, and other consumables to Pigeon Key and the removal of trash, garbage and other rubbish to Marathon on a regular basis. All fuel, food and consumables will be delivered to the landing facility in Marathon for delivery to Pigeon Key by the Contractor. LN The Contractor will transport diesel fuel to Pigeon Key and provide equipment 0) necessary to safely offload fuel to the mobile tank on the island. The mobile tank must remain on the island and will not be moved onto the dock during fueling operations. Fuel transport and offloading will be performed in compliance with all local, state and federal laws. e Pigeon Key Foundation will reimburse the contractor for the cost of diesel fuel at theLO �-- actual cost with no mark up. Contractor's monthly cost includes the cost for transporting and offloading fuel only. Trash, garbage and other rubbish may be required by demand to be removed as Lu 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 u pick up by a refuse hauler at landside facility will be paid by Pigeon Key is not included in monthly cost. - Fuel, trash, garbage and rubbish will not be transported on the same ferry trip as passengers. Vessels used to transport garbage and fuel will be appropriately cleaned prior to reuse for passenger transport. CL i Monthly fee for transportation of passengers and/or goods from the hours of 10:00 AM through 4:00 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 150 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 Service. Packet Pg. 565 ADDITIONAL SERVICES Special Equipment Transport As directed by the County, the Contractor will provide for transport of bobcats and backhoes (1,700 Ibs) to repair island facilities during post-hurricane event periods. Equipment Transport Cost: 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 0 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 theLO 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. LU Cost for Extra Trip: 160 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 CL calendar days advance notice will be provided for contracted functions. The transportation cost for contracted functions will be borne exclusively by the contracting group. Cost: 150 per person for each round trip 06 Goods Transport for Contracted Functions 2 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: 160 per round trip Packet Pg. 566 C.17.b 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 of the vessel from the dock. VESSEL REQUIREMENTS x The Contractor will use vessels that are compatible with the landing facilities in the City of Marathon and existing facilities on Pigeon Key. All vessels must carry a valid Certificate of Inspection from the United States Coast Guard and must comply with all safety and accessibility laws, regulations, and requirements pertaining to the transport of passengers and goods, as applicable to the intended use of each vessel in the Contractor's operating plan. Proposed vessels are subject to approval by the County. Vessels must be equipped to safely and efficiently operate year round in the navigational and weather environment of the Florida Keys, including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state and heavy vessel traffic conditions. 8 The Contractor shall utilize vessels that offer clean, neatly furnished and heated inside accommodations with clean restroom facilities, good lighting, waste receptacles, and an d: audible public address system. LO DOCKING FACILITIES The County will provide for access to and use of existing landing facilities on Pigeon Key. The Contractor will provide for access to and use of Knighfs Key Marina docking facilities at 1 Kniaht's Key Boulevard, Marathon FL 3305£l. Landing facilities at Pigeon Key Inforrnation 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 minimum, 06 this plan shall address docking, vessel operations, passenger and/or goods boarding and discharge plan, emergency procedures, and a projection for the length of the contract of the Contractor's capability to maintain the vessels and the crew in a satisfactory passenger c transportation operational condition. The Contractor shall maintain zero-tolerance policy for drug and alcohol abuse for all employees directly involved in the provision of services under this agreement. The Contractor will provide a program of random drug and alcohol testing for the duration of this agreement consistent with the requirements of the Federal Transit Administration. Packet Pg. 567 PERFORMANCE MEASURES The Contractor's operating plan shall define a combination of proposed scheduled and unscheduled trips anticipated to be operated in a typical week for the maintenance of traffic. A trip transporting passenger(s) may be considered a minor violation of on-time performance if it either: a) arrives at or departs from Pigeon Key more than 5 minutes late but less than 10 minutes late; or b) arrives at or departs from Marathon more than 5 minutes late but less than 10 minutes late. All other trips may be considered a minor violation of on-time performance if it either a) arrives at or departs from Pigeon Key more than 15 minutes late but less than 30 minutes late; or b) arrives at or departs from Marathon more than 15 minutes late but less than 30 minutes late. Each trip may be considered a major violation of on-time performance if its arrival or departure is in excess of these times up to one hour. Each trip arriving at its destination more than one hour late may be considered a single incident of a missed trip. The Contractor shall pay liquidated damages for each instance of violation of on-time LN performance or a missed trip identified by the County in accordance with the following schedule: 0) • $1,000 per missed trip • $250 per instance of major lateness • $50 per instance of minor lateness 0) • $250 per day per vessel for a violation of the passenger service standards. CL Violations include, but are not limited to, untidy vessels, inadequate safety appliances, LO an uncomfortable passenger environment, an inaudible or improperly used public address system, or discourteous crew behavior. The Contractor shall not be liable for liquidated damages for either late or missed trips in Lu instances caused by factors strictly beyond the control of the Contractor, such as docking facility Lu failure, schedule modifications approved by the County, heavy fog, requirements of the Vessel Traffic Service and Coast Guard, law enforcement actions, medical emergencies and rescue operations. In any event, every effort should be made to maintain safe on-time performance. However, in no circumstances shall the failure of lack of availability of the Contractor's equipment or crews, or any other such circumstances within the Contractor's control, be CLi an acceptable excuse for late or missed trips. REPORTING REQUIREMENTS 06 The Contractor shall provide detailed daily and monthly reports with accurate information on the ridership, departure time, and arrival time for each trip. These reports shall identify any late or missed trips. Reports shall be submitted in a format acceptable to the County. Daily reports cai shall be submitted on a weekly basis, at the end of each week, and monthly reports are due by the 5th day of the following month. At its sole discretion, the County may require daily reports to be submitted by noon on the following day. SUSPENSION OF SERVICE The Contractor shall suspend all services in the event that the Foundation suspends activities on a temporary or permanent basis. The County, at its sole discretion, will Packet Pg. 568 C.77.b determine which days the Foundation is or is not active. The Contractor shall be compensated only for services actually provides on days which the Foundation is active. The value of days in which service is suspended shall be calculated on a pro-rated basis from an annual accumulation of monthly fees. The Foundation, Department and County are not responsible for Contractor costs incurred or revenues lost by the interruption of service and/or suspension and restart of services. x 0 0) LO LU CL LU 06 0 i Packet Pg. 569 C.17.b CONTRACTOR'S OPERATIONAL PLAN 8 Lo co cu CL 06 u 0 i u Packet Pg. 570 C.17.b Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18, 2015 SERVICE REQUIREMENTS: RFP: Pg. 15,A. 1. Passenger Transport: Passengers are required to sign a liability release form prior to departure of the vessel from the dock. Ch 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 X the crew member, and the time of day of the trip. During this phase of the trip,the Captain will brief all m of the passengers of the safety equipment location and usage, as required by the U.S. Coast Guard. There is also a Ship's Log that is maintained with the initial Pre-Trip Procedures check list,the number of passengers, the weather conditions,the route of the vessel,the number of trips per day,and the Post Trip Procedure information. Paradise Divers,Inc. is conducting trip times for Base Services as are follows: Leaves Knight Key at loam, 12pm, 2pm and 3:30pm Returns from Pigeon Key at 10:15am, 12:15pm, 2:15pm and 4pm 0 As presently provided based on the current amended Base Service renewal agreement. CLL LO SERVICE REQUIREMENTS:RFP: Pg.15,A. 1. a. u0 U Educational Groups: The transportation of educational groups,their arrival and departure schedules and transportation 0 Lk 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 LI additional 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 m and their luggage immediately adjacent to our dock and vessels.This makes the arrival of the groups 06 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 5:30 A.M.and as late as 11 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. m Packet Pg. 571 C.17.b Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18, 2015 SERVICE REQUIREMENTS: RFP: Pg. 15, A.1. b.. Historic Tours: Historic Tour participants average less than 16 passengers per tour.This is documented. During .2 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 X 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 16, 1.c. and d. LN 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 0 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. LO 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 c, 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 CLi 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. Foundation Staff: RFP: Page 16, 1.e. Foundation staff regularly utilizes the ferry service. Foundation staff transportation is accommodated on A.M. 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 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 essential. Packet Pg. 572 C.17.b Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18, 2015 Emergency Access: RFP: Page 16, 1. f. Three of our captains reside in Marathon.An emergency response time to evacuate people 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 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 Island in case of emergency. Larry Wright is 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. 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. 0 LO SERVICE REQUIREMENTS Good Transport: RFP: Page 16, 2. Consumable: RFP: Page 16, 2.a. 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. Items CL 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 06 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 seven years. We have removed over o 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" 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). Packet Pg. 573 3 C.17.b Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18,2015 >It Consumable: RFP: Page 16, 2. a.continued 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.- v, 0 We haul trash/garbage on our return to the"Train"dock after the first trip of the day.There are no X passengers on this trip.We have time to clean and disinfect the boat prior to the next passenger trip. m 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. Other Material:RFP: Page 17, b. a' 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 8 advance and integrated with the daily activities of the Island using effective communications and o scheduling.We have the ability to let the large delivery trucks enter Knights Key through a separate .0 delivery gate.The goods are off loaded in close proximity to our dock and vessel.We load and unload LO 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. U Special Equipment: RFP: page 17, c. Paradise Divers has the ability to contract to move bobcats, backhoes(up to 1,700 Ibs)to repair Island o facilities during post hurricane event periods. w 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 LI 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, m 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, 06 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 o 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 trk 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. F F Packet Pg. 574 C.17.b Paradise Divers,Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18, 2015 SERVICE REQUIREMENTS: RFP: Page 18, 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 for dockage rental at Knights Key and have for 7 years while serving as the Temporary Ferry Service , between Marathon and Pigeon Key. The parking facilities at the Pigeon Key"Train" are sufficient.There are a minimum of 15 parking places, Plus use of the public parking across the street.This facility is sufficient for Ferry Service purposes. " OPERATIONAL REQUIREMENTS: RFP: Page 18 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 7 _ years has exceeded everyone's expectations.All of our staff wears uniforms, at our cost,that are brightLO �- and embroidered with "Pigeon Key Ferry Service".At our cost,we have lettered our vessels"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. CL 06 0 Cy i �M Packet Pg. 575 Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18,2015 DESCRIPTION OF SERVICES TO BE PROVIDED: Operating Plan: RFP: Page 7, 3.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 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 0) 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 route.Our utmost concern is to always accommodate our passengers for their comfort and safety first 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 individually exceeds the functional capacity of 22 passengers per 90 minute interval in each direction. 8 Operating Plan: RFP: Page 7, 3. A. �-- LO Vessels and Current Landing Facility: Paradise Diver IV and Paradise SeaDiver are both 30 foot Island Hopper U.S:Coast Guard certified ca 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 the ferry boat. In addition, we have the ability to open the delivery gate located immediately adjacent to the"Train"for CL C� 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 document that both vessels meet all United States Coast Guard requirements. 06 Service Schedule: RFP: Page 7, 3.A. Paradise Divers is currently operating the following base service schedule: o 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 12P.M. and returns from Pigeon Key at 12:15 P.M.Third trip leaves Knights Key at 2:00 m P.M. and returns from Pigeon Key at 2:15 P.M. Fourth trip,and last trip of the day, leaves Knights Key at 3:30 P.M. and returns from Pigeon Key at 4:00 P.M. Packet Pg. 576 C.17.b Paradise Divers, Inc. RFP-Temporary Ferry Service Between Marathon and Pigeon Key March 18,2015 Operating Plan: RFP: Pg 7, 3.A. Staffing Commitment: We currently employ four 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 7:00 A.M.and be as late as 9:00 P.M.The trips outside of the base ferry service times are to accommodate the X 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 i 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 - r Instructor, live aboard vessel captain,charter boats operated out of Fort Lauderdale FL.All captains and t deckhands have several years of local water experience and navigation. 8 Operating Plan: RFP: Page 8(continued from page 7,3.A.) Service Disruption Contingency Plan: L 1 t 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 to perform all of the daily base service duties at any time. If one vessel has a problem,whether it be an equipment failure or an out-of-service c� F inspection,the other vessel is in position to immediately perform the service required. Not only is Larry } Wright our owner but he is also an experienced engine technician and one of our captains. We are f definitely able to maintain our vessels and respond to any emergency, equipment failure or breakdown. Operating Plan: RFP: Page 8 (continued from page 7,3.A.) CL Passenger Service Plan: cn� '1 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 06 1 loving, and make the entire experience enjoyable.As previously discussed our communication system 1 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 0 is aware of the details and how to perform. Paradise Divers also encourages and actively pursues other 1 local businesses to place their business cards, menus, rack cards, etc.with us for distribution to the 1 guests we carry every day.We have found that guests love to hear about other local attractions, 1 restaurants, hotels, beaches, functions,etc. We have had great feedback that enhances Pigeon Key's 1 image in providing this additional local information.This system benefits our entire local economy. '1 1 1 1 Packet Pg. 577