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Item C29BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2012 Division: Public Works/Engineering Bulk Item: Yes X No ^ Department: Enizineering Services Staff Contact Person/Phone ##: Judy Clarke X4329 AGENDA ITEM WORDING: Approval to execute amendment 3 to the Contract with Paradise Divers, Inc. for the temporary ferry service to Pigeon Key to extend the term of the contract to expire on June 30, 2013, to revise the scope of services and to reduce the daily rate for base service. ITEM BACKGROUND: The Pigeon Key Foundation requested that multiple agencies partner to fund the ferry service for the annual term beginning on July 1, 2012. FDOT has agreed to provide $125,000 of the total cost, the City of Marathon agreed to provide 7.5% of the base cost up to $18,750, Monroe County agreed to provide $87,500 and the Pigeon Key Foundation will contribute $1,406.25. (back up for Foundation contribution is attached). The base service provided by the contractor has been reduced to reflect the reduced funding amount of $231,250. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the JPA with FDOT to provide $750,000 funding for the Temporary Ferry Service to Pigeon Key in June 2007. The BOCC approved an amendment to the JPA to increase FDOT funding to $1,000,000 in March 2010; the BOCC approved an amendment to the JPA to extend the term until June 30, 2012 and to increase FDOT funding to $1,250,000 in March 2011. BOCC approved $87,500 to assist in funding one year of the Pigeon Key Ferry Service. BOCC approved a JPA with FDOT for $125,000 funding and an ILA with City of Marathon for 7.5% or $18,750 funding at the May 2012 meeting. CONTRACT/AGREEMENT CHANGES: Extend term of contract until June 30, 2013; revise Notice Requirement; revise scope of services for base service and reduce monthly fee for base service. STAFF RECOMMENDATIONS: Approval as requested above. TOTAL COST: $231,250 INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:-$87,500 SOURCE OF FUNDS: FDOT Grant; ILA with Marathon REVENUE PRODUCING: Yes No X AMO1qNT PER MONTH Year", APPROVED BY: County Atty Y OMB/Purchasing Risk Managemen DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Paradise Divers Contract # Effective Date: 7/01/2012 Expiration Date: 6/30/2013 Contract Purpose/Description: Amendment Three extends the term of the contract for one additional year until June 30 2013 reduces base service and reduces base service dail rate. Contract Manager: Judy Clarke 4329 En ineerin #1 T (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/20/2012 Agenda Deadline: 6/05/2012 CONTRACT COSTS Total Dollar Value of Contract: $ 231,250 Current Year Portion: $ 57,812.50 Budgeted? Yes® No ❑ Account Codes: i z -" - o-?®t -- .53,0 Grant: $ 143,750 - - - - County Match: $ 87,500 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. i CONTRACT REVIEW util Changes Date Out Date In Need war Division Director - Yes❑ No r' Risk Mana a ent Yes❑ Nog'/` O.M.B.'P. acing '1-�7i Yes[:] No '`��' County Attorney 5I f Yes[:] No t - Comments: OMB Form Revised 2/27/01 MCP #2 AMENDMENT 3 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the County, and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the Contractor. WHEREAS, the County, Florida Department of Transportation, the City of Marathon and the Pigeon Key Foundation have agreed to contribute funding for the Pigeon Key ferry service through June 30, 2013; and WHEREAS, the ferry services will be reduced resulting in a cost savings of $18,750 in order to conform to the available funding; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the contract as follows: 1. Section 5.0 A. TERM OF CONTRACTIRENEWAL shall be amended to read as follows: This contract shall be for a period of twelve months, commencing July 1, 2012 and terminating June 30, 2013. 2. Section 13.0 NOTICE REQUIREMENT shall be amended to read as follows: For the Contractor: Larry Wright Paradise Divers 31243 Avenue E Big Pine Key, Florida 33043 3. EXHIBIT A DESCRIPTION OF SERVICES TO BE PROVIDED: Service Schedule: RFP: Page 7 shall be amended to read as follows: The base service would be as follows: 1ST trip leaves Knights Key at 10:00 A.M. and returns from Pigeon Key at 10:30 A.M. 2NDtrip leaves Knights Key at 11:30 A.M. and returns from Pigeon Key at 12:00 P.M. 3RD trip leaves Knights Key at 1:00 P.M. and returns from Pigeon Key at 1:30 P.M. 4TH trip leaves Knights Key at 2:30 P.M. and returns from Pigeon Key at 4:00 P.M. Paradise Divers Renewal June 20, 2012 Page 1 of 2 An extra trip beyond the base service will be run if needed to transport fuel or garbage. 4. EXHIBIT A Monthly Fee for Passenger Transportation shall be is amended to read as follows: 10:00 a.m. through 4:00 p.m. — Base service $19,270.83 per month (Except for the Art Festival or other functions as noted) Based on $633.56 per day for 365 days per year. 5. In all other respects the Contract dated June 16, 2010 and Amendment i dated March 16, 2011 remains in full force and effect. 6. The effective date of this Contract Amendment is June 20, 2012. IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman PARADISF]IVERS, INC. 71, By Al Title .w � MONROE COUNTY ATTORNEY FPROV RD AS TO FORM: ATL- CHRISTINE M. LIMBERT-BARROWS ASSISTANT C U TY ATTORNEY Date L 0 L Paradise Divers Renewal June 20, 2012 Page 2 of 2 AMENDMENT 2 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the County, and PARADISE DIVERS, INC., whose address is 1821 Bittersweet Avenue, Big Pine Key, FL 33043, hereafter the Contractor. Section 1. Amendment to Contract Term: The Contract between the parties is hereby amended to extend the Contract term to June 30, 2012. Section 2. Force and Effect. In all other respects the Contract dated June 16, 2010 remains in full force and effect. Section 3. (SEAL) Effective Date. The effective date of this Contract Amendment is June 15, 2011. WHEREOF each party hereto has caused this Contract to be executed by its duly L. KOLHAGE, CLERK Clerk Attest BY�,mn. Title „Muuuuuuk.,u.. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/C i PARADISE DIVERS, INC. By Title AMENDMENT I TO THE CONTRACT FOR TEMPORARY FERRY SERVICE THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the County, and PARADISE DIVERS, INC., whose address is 1821 Bittersweet Avenue, Big Pine Key, FL 33043, hereafter the Contractor. Section 1. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing the use of the system to confirm the employment eligibility of all persons employed by the Contractor and assigned to perform work pursuant to the Contract. The Contractor agrees to provide written confirmation to the County that it has complied with this requirement. Section 2. Force and Effect. In all other respects the Contract commencing July 1, 2010 remains in full force and effect. Section 3. IN WITNj 0.ki411�;.111GGk1;! i By! (SEAL) Attest: By Title Effective Date. The effective date of this Amendment is March 16, 2011. WHEREOF each party hereto has caused this Contract to be executed by its duly .KOLHAGE,CLERK Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Ma/or/Cwman PARADISE DIVERS, INC. Temporary Ferry Service Between the City of Marathon and Pigeon Key CONTRACT THIS AGREEMENT, made and entered into this 16th day of June, 2010, A.D., by and between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and "County"), and Paradise Divers, Inc. (hereinafter called the "Contractor'). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 THE CONTRACT The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents. 1.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 2.0 SCOPE OF THE WORK The Contractor shall provide ferry services between the City of Marathon and Pigeon Key as specified in Exhibit A of this agreement. 3.0 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the last day of the following month in each of twelve months. The Contractor shall provide the County with documentation to support the income earned by the Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A of this agreement. 4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. All contract documents have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed by the County, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Contract and contract documents covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the contract documents. 5.0 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of twelve months, commencing July 1, 2010 and terminating June 30, 2011. B. The County shall have the option to renew this agreement after the first term of twelve months, and each succeeding term, for four additional twelve-month periods. The Contract amount agreed to herein may be adjusted only by written addendum hereto executed by both parties. 6.0 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the State of Florida, and the Florida Department of Transportation from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($I0.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 7.0 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 8.0 ASSURANCE AGAINST DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any fin-ther action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.0 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed -upon price of the services/goods of the Contractor. 10.0 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 11.0 INSURANCE Prior to execution of this agreement, the contractor shall furnish the County Certificates of Insurance indicating the following minimum coverages: Worker's Compensation Employers' Liability Insurance limits employee Jones Act Coverage Vehicle Liability (Owned, non -owned and hired vehicles) limit General Liability, including limit Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Employee Dishonesty Coverage (Required only if the respondent collects a fee on behalf of the County and is obligated to pass these funds on to the County) Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy $1,000,000 Disease, each $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 combined single $1,000,000 combined single $10,000 per Occurrence Garage Keepers Legal Liability Limit (required only if respondent provides valet parking service as part of activities.) Water Craft Liability $1,000,000 Combined Single $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 The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except workers compensation, issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. 12.0 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 13.0 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: For the County: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 For the Contractor: 14.0 CANCELLATION and Monroe County Attorney P. O. Box 1026 Key West, FL 33041-1026 The County may cancel this contract for cause with thirty (30) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. The County may cancel this agreement without cause by giving the other party ninety (90) days written notice of its intention to do so. 15.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. a) Severability. if any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. c) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16.0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 17.0 BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 18.0 AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 19.0 COVENANT OF NO INTEREST. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 20.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's County; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21.0 NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22.0 PUBLIC ACCESS. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 23.0 NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 24.0 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 25.0 LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 26.0 NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, including an Ethics Statement, and a Drug -Free Workplace Statement. 28.0 PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The Contractor will promptly notify the County if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 29.0 NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 31.0 SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK B y.,�6AA (L Deputy Clerk (SEAL) Attest: By: WITNESS Title: By: dP �--- WIT SS Title: BOARD OF COUNTY Mayor/Chairman COy� NT TOR eAB Titl . Y 2- M�� : A1 DESCRIPTION OF SERVICES TO BE PROVIDED: Operating Plan: RFP: Page 139 A. i . Passenger Transport: Passenger transportation will be provided between the "Train" dock at Knight's Key and the Pigeon Key dock at the Island We have a contract in place with Earthmark Corporation for dockage at this facility. Since we currently perform these exact services, the routes between the two docks are very well known. Depending on wind and seas, there are three routes available; one on the North side of the 7 Mile Bridge, one on the South side of the new 7 Mile Bridge, and one that starts on the south side and cuts through the middle of the 7 Mile Bridge. The route that is always preferable is the one on the lee side of the wind and seas. Therefore each day and each trip requires our captains to analyze the wind, currents, and seas and take the safest, most efficient 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 is certified to carry 22 passengers. Each boat individually exceeds the functional capacity of 22 passengers per 90 minute interval in each direction Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Operating Plan: RFP: Page 139 A. - Passenger Transport: cont'd Passengers are required to sign a liability release form prior to departure of the vessel from the dock. This form then also acts as a manifest, as per U. S. Coast Guard regulations showing the names of the passengers, the number of passengers, the name of the vessel, the name of the Master, the name of the crew member, and the time of day of the trip. During this phase of the trip, the Master will brief all of the passengers of the safety equipment location and usage, as required by the U.S. Coast Guard. There is also a Ship's Log that is maintained with the initial Pre -Trip Procedures check list, the number of passengers, the weather conditions, the route of the vessel, the number of trips per day, and the Post Trip Procedure information. Service Schedule: RFP: Page 7 The base service would be as follows: I sT trip leaves Knights Key at 10:00 A.M and returns from Pigeon Key at 10:30 A.M. 2°d trip leaves Knights Key at 11:30 A.M. and returns from Pigeon Key at 12.00 P.M. 3ro trip leaves Knights Key at 1:00 P.M. and returns from Pigeon Key at 1:30 P.M. 0 trip leaves Knights Key at 2:30 P.M. and returns from Pigeon Key at 4:00 P.M. If needed a trip conducted 90 minutes prior to 10:00 A.M. and a trip conducted no later that 90 minutes after 4:00 P.M. would be included to move staff, goods, equipment, fuel, trash, etc. In addition, we propose to include an additional trip, as needed, from Pigeon Key to Knights Key that leaves Pigeon Key at 3:00 P.M. to accommodate those guests who wish to return earlier than 4:00 P.M. To clarify, we have run the 3:00 P.M. trip during the past contract period each day if there were guests to return to Knights Key. Operating Plan: RFP: Pg 6, 3. A. Vessels and Proposed Landing Facility: Paradise Diver IV and Paradise SeaDiver are both 30 foot Island Hopper U.S. Coast Guard certified vessels. Both have roofs and enclosures. Both have seat benches along both sides and across the front, are certified to carry 22 passengers, and have a 32 inch draft. Both vessels have already transported passengers to and from the "Train" dock to the Pigeon Key Island dock and return and therefore have the ability and capacity to use these landing facilities. Paradise Divers has a contract in place with Earthmark Corporation for dockage at Knight's Key marina directly behind the Pigeon Key "Train" which is their gift shop and Marathon side facility. The guests, educational groups, service contractors, delivery personnel would only have to walk 50 feet behind the train to embark onto the ferry boat. In addition, we have the ability to open the delivery gate located immediately adjacent to the "Train" for the delivery vehicles, tour buses, etc. to unload their goods and/or passengers directly onto our dock facility and vessel. Attached are the current Certificate of Inspection documents for both vessels, which document that both vessels meet all United States Coast Guard requirements. Attached are also our Monroe County Business Tax licenses. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Operating Plan: RFP: Pg 79 3. A. Staffing Commitment. We currently employ 7 United States Coast Guard Licensed captains and three unlicensed deckhands. All of our stains hired with the understanding that ferry services may begin as early as 6:00 A.M. and be as late as 10:00 P.M. The trips outside of the base ferry service times are to accommodate the educational group schedules. Each staff member is able to perform all functions needed to safely, efficiently, timely, and happily transport persons and goods from Knights Key to Pigeon Key. They are all currently performing these functions. All of our captains have a variety of past experience in operating vessels. Some of the past duties include; operating a ferry boat out of Long Island NY, Operating tug boats, operating transport barges, installing moorings, removing moorings, operating a ferry boat out of Jacksonville FL, operating dive and snorkel vessels to local reefs, charter fishing captains, Florida Fish and Wildlife consultant, Boy Scouts of America sailing vessel charter captain, American Sailing Association Instructor, live aboard vessel captain, charter boats operated out of Fort Lauderdale FL. All captains and deckhands have several years of local water experience and navigation. Attached are copies of United States Coast Guard licenses. Operating Plan: RFP: Pg 79 3. A. Service Disruption Contingency Plan: As previously discussed, Paradise Divers currently owns both vessels. Both vessels have the functional capacity of 22 passengers, plus two crew. Both vessels have the ability to perform all of the daily base service duties at any time. If one vessel has a problem, whether it be and equipment failure or a breakdown, the other vessel is in position to immediately perform the service required. Not only is Larry Wright an experienced engine technician, but also one of our captains is a certified diesel mechanic. We are definitely able to maintain our vessels and respond to any emergency, equipment failure or breakdown. Operating Plan: RFP: Pg 71,3. A. Passenger Service Plan: During the past 2-1/2 years we have not had a single customer complaint. All of our crew are able to happily talk to all customers, smile, be very friendly, fun loving, and make the entire experience enjoyable. As previously discussed our communication system with the Pigeon Key staff is very efficient. All of our staff has the cell phone numbers of the peril =t Pigeon Key staff and vice versa. We communicate regularly. If there are any schedule changes everyone is aware of when and why. Paradise Divers also encourages and actively pursues other local businesses to place their business cards, menus, rack cards, etc. with us for distribution to the guests we carry every day. We have found that guests love to hear about other local attractions, restaurants, hotels, beaches, functions, etc. We have had great feedback that enhances Pigeon Key's image in providing this additional local information. This system benefits our entire local economy. SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a. Educational Groups: The transportation of educational groups, their arrival and departure schedules and transportation needs are currently in our plans and performance. We coordinate on a daily basis with the Pigeon Key staff to determine planned vs. actual arrival times of the groups and the planned departure times depending on their schedules and activities. This is already a part of our operational procedures. Educational groups are accommodated at no charge for transportation to the Island and return during the normal operating hours. Many groups are large and utilize a tour bus. We have the ability to hire additional Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon. and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a. — cont'd Educational Groups: vessels, if needed, to move the entire educational group. We can open the gate adjacent to the "Train" to allow the bus to enter Knights Key through a delivery entrance to discharge the children and their luggage immediately adjacent to our dock and vessel. This makes the arrival of the groups more organized, the guests and students are in one location, and the vessels are right there at the dock. There is no need to carry luggage any distance. We have arranged this as part of our service. Transporting these groups at hours other than during school hours is not an issue. We have transported groups as early as 6:30 A.M. and as late as 10:30 P.M. We are as flexible as possible to accommodate Pigeon Key and want to make sure that their guests and students have a great experience while visiting our area. In additiol MM times we utilize the staff trip. as discussed, in a below to transport educational, liH�. SERVICE REQUIREMENTS: RFP: Pg.13, A.1. b. Historic Tours: Historic Tour participants average less than 10 passengers per tour. This is documented. During unusually busy times the participation may be higher, but this is manageable and infrequent. The current tour schedule is very efficient for the Foundation. We also have made adjustments for emergency situations where a tour guide is unavailable, the train staff is unavailable, etc. In situations such as these we have trained our staff to contact the Executive Director and determine the most appropriate course of action. Our staff can fill a temporary void when needed Contracted Functions and Guest House Use: RFP: Pg 14,1. c. and d. In lieu of the Art Festival, we provided transportation for a fiwction at Pigeon Key for which over 800 people were invited. We were able to provide transportation for each and every person that attended that function. The wait time for any one person was less than 30 minutes. We schedule the boats so that no one was unduly delayed and everyone who wanted to be off the Island at a certain time was accommodated. Our last trip from Pigeon Key to Knights Key was at 1:00 A.M. This event was a huge success for Pigeon Key Foundation. We are able to transport up to 200 people within a 90 minute timeframe. Contracted Functions and Guest House Use reservations that have been accepted by Pigeon Key are planned in advance. The group that is utilizing the Island has a planned arrival date, arrival time, length of stay, departure date, and departure time. These groups can be integrated into the daily transportation schedule. Most groups, no matter what their purpose, will have prearranged reservations to use the Island, length of stay, number of nights, days, meals, activities, etc. already in place. We have always had a good communications system with the Pigeon Key staff and coordinate our transportation and services with the reservations and requirements of the group that has reserved the Island. Depending on the schedule approved by Pigeon Key, these groups can be integrated during the base service hours of 10 AM and 4 PM. Much of the smooth operation of the transportation of guests will be predetermined by the Pigeon Key staff and their reservations system, communication with their guests, and the time frames determined by the reservation. Paradise Divers will always be as accommodating as possible within reasonable terms to transport passengers to and from the Pigeon Key dock. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Foundation Staff: "P: Pg 14,1. e. Foundation staff regularly utilizes the ferry service. Foundation staff transportation is accommodated on any trip that is being performed at no charge. There is never a charge or an issue when one of the staff needs to leave or return to the Island. Many tunes the staff person will contact the captain on duty and let them know their plans. We have a very good rapport with Pigeon Key staff and communication is essential. When needed we run a staff trip up to 90 minutes before and 90 minutes after the base service hours of 10:00 A.M. and 4:00 P.M. Emergency Access: RFP: Pg 14,1. L Five of our captains reside in Marathon. An emergency response time to evacuate up to six persons would be travel time from their home to the vessel dockage and then to Pigeon Key. Depending on traffic, time of day or night, this time will vary, but will usually be close to 30 minutes. If a captain has to travel from Big Pine, that increases the response tome to 45 minutes. There are currently two small un inspected vessels docked at the Pigeon Key Island dock. The staff is trained to run, navigate, and evacuate the Island in case of emergency. Both Larry Wright and Linda Kruszka are First Aid and CPR instructors and have certified the staff of Pigeon Key in these areas. That would also meet the requirement of the Fire Marshall. In an emergency, like anywhere else in the Florida Keys there is air evacuation available (this has already been implemented and a helicopter has landed at Pigeon Key for testing and experience purposes). Also available are Florida Fish and Wildlife, Florida Marine Patrol, and the U.S. Coast Guard. In addition, currently when Paradise Divers is announcing the safety briefing of the vessel, we also include a statement of medical issues. If any passenger has a medical condition that may be an issue while on our vessel, they are encouraged to discuss it privately with the Master and crewmember to avoid a surprise situation. For example, an asthmatic would let the Master and crewmember know where their inhaler is located. For guests who stay on Pigeon Key, they complete liability releases, It would be a small matter to incorporate a medical form, such as a professionally recognized organization like the Professional Association of Dive Instructors utilizes to inform the Foundation staff of any possible issue. Implementing this type of procedure would eliminate most medical emergency surprises. For an emergency evacuation, we have an on call person 24 hours per day and 7 days per week. Emergency medical personnel can meet us at the dock and accompany us to Pigeon Key to have immediate professional medical assistance. In addition, our boats carry first aid kits and oxygen on every trip. SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 14, s. Consumables Goods Transportation for consumables can be accomplished either prior to 10 AM or after 4 PM. Items such as food and other supplies are transported when passengers are not present on the vessel during the 10 AM to 4 PM time schedule. In our experience, on a daily basis, there will not be passengers on every available trip time during the operating day. During these times, we would consolidate our trips by transporting non hazardous goods and supplies. We also check in the food that is delivered. We match the cases of food delivered to the delivery invoice as we are loading the boxes onto the vessel. If we did not do that and the order was short, it would be difficult for Pigeon Key to correct the situation. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 14, a. Consumables —cont'd Items such as diesel fuel, propane fuel, and the removal of rubbish would be done prior to moving any guests or after 4PM. These would be the last trips of the operating day. Paradise Divers already has in place an Emergency Spill Contingency Plan, which is required by the Department of Transportation, utilizing SWS Environmental First Response Company. In accordance with our Post Trip Boat Procedures, the vessel is washed, scrubbed, and disinfected each night. This procedure is required. We do this after each trip on our vessels, and therefore is already an established procedure. We have transported over 29,000 gallons of diesel fuel between Knights Key and Pigeon Key during the past 29 months. We have removed over 5,000 bags of trash, plus washing machines, refrigerators, furniture, building materials, propane, and debris. Equipment to fill the diesel tanks at the Island, which is the only dock at Pigeon Key, is in our possession. Fuel is transported at times that is most convenient for the Island. We have a very efficient communication system in place to confirm the fuel level at the Island and usage. Depending on which generator is running, the fuel consumption rate changes. On the Marathon side, fuel is delivered to the "Train" storage facility as needed We monitor the level of this storage tank and the level of the fuel tank on the Island to make sure that there is enough fuel at either end to sufficiently power the generator(s). We plan our fuel deliveries to make sure that the Island has enough fuel for several days. Especially during periods of bad weather, high winds and seas, we make sure that the Island will have fuel to sustain their needs. We haul trash/garbage on our return to the "Train" dock after the first trip of the day. There are no passengers on this trip. We have time to clean and disinfect the boat prior to the next passenger trip. This works extremely well for Pigeon Key. They know when to have the garbage at the dock and that it will be promptly removed. This way no guests actually see any trash. In order to eliminate duplicate expenses, we utilize the dumpster at the Pigeon Key "Train". This dumpster is sufficient for the trash from the Island. SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 159 b. Other Material Delivery of other materials such as tents, tables, chairs, other similar materials, catering supplies, service technician's equipment, is accomplished regularly. Scheduling delivery of these goods is planned in advance and integrated with the daily activities of the Island using effective communications and scheduling. We have the ability to let the large delivery trucks enter Knights Key through a separate delivery gate. The goods are off loaded in close proximity to our dock and vessel. We load and unload the supplies for Pigeon Key. The goods are then transported to Pigeon Key and offioaded at the dock by our staff working closely with Pigeon Key staff to suit their time and schedule. SERVICE REQUIREMENTS: Goods Transporh RFP: Pg 15, c. Special Equipment Paradise Divers has the ability to contract to move bobcats, backhoes (up to 1,700 lbs) to repair island facilities during post hurricane event periods. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: RFP: Pg 16, & Vessel Requirements Paradise Divers currently owns both of the vessels as described above and can implement this plan on schedule. Our vessels are U. S. Coast Guard certified and inspected. Their intended Use is on the Atlantic and Gulf waters of the Florida Keys. The draft on both Paradise Diver IV and Paradise SeaDiver is 32 inches. We are in compliance with all laws, statutes, and requirements during the operation of these vessels. In accordance with those requirements, we reserve the right to suspend or postpone operations during Small Craft Advisories, Small Craft Warnings, or other unsafe operating conditions, as issued by the National Oceanographic and Atmospheric Administration or other marine safety organization. We consistently listen to these broadcasts and follow the recommended safety advisories and warnings that are issued. In addition, if in our experience, there are dangerous sea states in which a reasonable person would not run passengers or goods, we have the sole discretion to suspend or postpone a trip or trips. In these instances, there will be no damages liable by Paradise Divers. In addition, if a trip transporting passengers is fate, by any amount of time, due to the late arrival of a passenger, the delay caused by a Pigeon Key staff delay caused by weather or other conditions beyond our control, there will be no damages liable by Paradise Divers. Paradise Divers will make every reasonable effort to maintain safe on -time schedules and performance. SERVICE REQUIREMENTS: RFP: Pg 169 C. Docking and Operations Requirements Docking facilities at the Pigeon Key Island dock are sufficient for our operation. We have modified the dock by adding bumpers between the vessel and the dock, for safety. The dock at the Pigeon Key "Train", which is at Knights Key, has also been modified by adding bumpers between the vessel and the dock, for safety. Additional cleats have been added with permanent lines. Our boats can currently land at both docks, so any additional modifications would not be necessary. Again, we have a current and future contract with Earthmark Corporation for dockage rental at Knights Key. That is our proposed Marathon side docking facility. The parking facilities at the Pigeon Key "Train" are sufficient. There are a minimum of 15 parking places, plus use of the historical parking across the street. This facility is sufficient for our purposes. OPERATIONAL REQUIREMENTS: RFP: Pg 16 Paradise Divers has all operating permits and licenses required to safely, legally, and efficiently operate this ferry operation. See copies of the attached Florida Department of State Annual Report, Monroe County Business Tax Licenses, and the Florida Vessel Registrations. Our performance over the past 29 months has exceeded everyone's expectations. All of our staff wears uniforms, at our cost, that are bright and embroidered with "Pigeon Key Ferry Service". At our cost, we have lettered our vessel "Pigeon Key Ferry". Paradise Divers, Inc. currently has in place a zero tolerance drug testing program. All crewmembers are currently enrolled in this program and are randomly required to be drug tested. This established drug testing program is administered by The Maritime Consortium, Inc. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 EXHIBIT A: Monthly Fee for Passenger Transportation 8:30 AM through 5:30 P.M. — Base Service $20,833.33 per month (Except for the Art Festival or other functions as noted) Based on $684.93 per day for 365 days per year Passenger Transportation Cost Prior to 8:30 A.M and after 5:30 PM $ 150.00 per round trip Additional trips as needed for educational groups 84 round trips per year, included in budget Passenger Transportation Cost Before 8:30 AM and after 5:30 PM For Pigeon Key Foundation Sponsored Events For Contracted Functions Goods Transportation Costs Prior to 8:30 AM and after 5:30 PM For Pigeon Key Foundation Sponsored Events For Contracted Functions Special Equipment Transport $ 150.00 per round trip $ 150.00 per round trip $ 3,000.00 per occurrence ev Foundatioh b,• {cr sroh tesea evy"'onmental educak�p° Ms. Clarke, May 30, 2012 Please accept this letter as a formal pledge from the Pigeon Key Foundation to pay for $1406.25 of the 2012 2013 ferry service contract. This number represents the difference in the 7.5% from the city of Marathon. We greatly appreciate your office's help and the BOCC's assistance in maintaining access to this county treasure. Sincerely, Jason Koler Chair Pigeon Key Foundation Kelly McKinnon Executive Director Pigeon Key Foundation Pigvorr Kett 1 uurrdwiorr S, Mal-ble ,5'clence Geraler - PO Ism A01,V A rrathorr, H. „ 30,, 0 3(!,i 28V-00125 (11) __ 10.i-289-106i (1•) rnrTr.prgrcruakcet .rrc!