Item E31
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19.2008 Division: Engineering
Bulk Item: Yes -X- No - Department: Engineering
Staff Contact /Phone #: Dave Koppel X4427
AGENDA ITEM WORDING: Approval of Third Amendment of the Contract for Temporary Pigeon
Key Ferry Service, extending the termination date to June 30, 2009.
ITEM BACKGROUND: The original Agreement was dated November 14,2007, and service
commenced on December 14, 2007. This is the third amendment to date. The original completion date
was June 30, 2008, and was extended one six month period through December 2008. This amendment
extends the completion date to June 30, 2009.
PREVIOUS RELEVANT BOCC ACTION: Original Agreement was dated November 14,2007, one
six-month amendment to December 30,2008.
CONTRACT/AGREEMENT CHANGES: As stated above.
STAFF RECOMMENDATIONS: Approval as stated above.
TOT AL COST: BUDGETED: Yes l No -
COST TO COUNTY: 0 SOURCE OF FUNDS: DOT Grant
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year -
APPROVED BY: County Atty _ ~urchaSing_ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Paradise Divers, Inc. Contract #_
Effective Date: December 31, 2008
Expiration Date: June 30, 2009
Contract Purpose/Description:
Temporary ferry service between the City of Marathon and Pigeon Key.
Contract Manager: David Koppel 4427 Engineering/# 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on: Nov. 19,2008 Agenda Deadline: Nov. 4, 2008
CONTRACT COSTS
Total Dollar Value of Contract: $ 138,985 Current Year Portion: $ 69,492.50 /
Budgeted? Yes[S1 NoD Account Codes: 125-22527 -530490-GN0701-530340
Grant: $ 138,985* - - - -
-----
County Match: $ 0 - - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $277,970/yr For: 1 additional year
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed ~
Division Director 1/-1--0'6 YesD No '_
Risk Mana~men~" u/Jtll YesD NOs' (
t~ ~1) ~
.M.B./Purchaslllg lo-3/-i56 YesD No 0 ~
County Attomey r,* YesDNog'~~~aif
Comments: *Grant from FL Dept. of Transportation is $750,000 for a 3-year period.
Contract value and grant amount reflect a 6-month renewal of original contract.
OMB Form Revised 2/27/01 MCP #2
AMENDl\1ENT 3 TO THE
CONTRACT FOR TE:MPORARY FERRY SERVICE
BETWEEN THE CITY OF MARATHON AND PIGEON KEY
THIS CONTRACT Al\1ENDl\1ENT 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 Termination Date. The Contract between the parties is hereby
amended to extend the Contract timeframe to June 30, 2009.
Section 2. Force and Effect. In all other respects the Contract dated 14 November 2007
remains in full force and effect.
Section 3. Effective Date. The effective date of this Contract is the date upon which both
parties have signed this Contract Amendment.
IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly
authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By
Deputy Clerk Mayor/Chairman
(SEAL)
AU:: ~ PARAD~VERS' INC.
B r -i V By , hI,t!
Title S..-, Ai lA^; """'~r/ SftUAd fdJ'i.c;13 Title President
AMENDMENT 2 TO THE
CONTRACT FOR TEMPORARY FERRY SERVICE
BETWEEN THE CITY OF MARATHON AND PIGEON KEY
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.
Exhibit A Scope of Services and Cost. The Scope of Services and Cost is amended to include up
to 119 additional round trips for educational groups at $150 per round trip in lieu of 84 additional
round trips.
Section 2. Force and Effect. In all other respects the Contract dated 14 November 2007
remains in full force and effect.
Section 3. Effective Date. The effective date of this Amendment is May 1,2008.
......"...- :~,
~'ESS WHEREOF each party hereto has caused this Contract to be executed by its duly
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~4~ f',)
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Deputy Clerk Mayor/Chainnan 0 0 c:::> ~ #:
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(SEAL) PARADISE DIVERS, INC. ........ - -.;
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By By en
Title Title
AMENDMENT 1 TO THE
CONTRACT FOR TEMPORARY FERRY SERVICE
BETWEEN THE CITY OF MARA mON AND PIGEON KEY
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 Termination Date. The Contract between the parties is hereby
amended to extend the Contract timeframe to December 30, 2008.
Section 2. Force and Effect. In all other respects the Contract dated 14 November 2007
remains in full force and effect.
Section 3. Effective Date. The effective date of this Contract is the date upon which both
parties have signed this Contract Amendment.
IN'Wl1'NESS WHEREOF each party hereto has caused this Contract to be executed by its duly
aut!lorizedrepresentative.
. ,
(SBAq BOARD OF COUNTY COMMISSIONERS
Attest DANNY L. KOLHAGE, CLERK OF MONROE C NTY, FLORIDA
By~~iv>-~~ By
Depu y Clerk an MAY 2 1 2008
._ (SE~P . PARADISE DIVERS, INC.
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:..:.- c;::) 0 0 MONROE COUNTY ATTORI\~EY
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c-.., .A- PPROVED AS TO FORM:
NATILEENE W CASSEL
ASSISTAN] COUNTY ATTORNEY
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CONTRACT
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THIS AGREEMENT, made and entered into this ~ day of (JV ',2007, A.D., by and
between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and
"County"), and Paradise Divers. Inc. (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
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 Request for Proposals (RFP), and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and any additions or clarifications, 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 CONTRACf 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 for each month of the
contract term. 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.
The County's performance and obligation to pay under this agreement is contingent upon annual
appropriation by the Board of County Commissioners.
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
-- -
Temporary Ferry Service Between the City of Marathon and Pigeon Key
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 58. 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 II) 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 afthe services/goods ofthe 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:
3
Temporary Ferry Service Between the City of Marathon and Pig;eon Key
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 and Monroe County Attorney
1100 Simonton Street P. O. Box 1026
Key West, FL 33040 Key West, FL 33041-1026
F or the Contractor:
Paradise Divers, Inc.
38801 Overseas Highway
Big Pine Key, Florida 33043
14.0 CANCELLA nON
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. Either of the parties hereto 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.
5
n__ _ _ _____________ ___ _0._ ______.._.
Temporary Ferry Service Between the City of Marathon and Pigt"on Key
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 SOLICIT A TION/P A YMENT. 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-W AIVER OF IMMUNITY. Notwithstanding he 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 ofthe 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 RESPONSlBILITIES: 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 theroofby 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,
7
Temporary Ferry Service Between the City of Marathon and Pigeon Key
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) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE UNTY, FLOIDA
By:S6at.tlo. L1fJ~ By:
Deputy Clerk
, t>JJ. ~ By:
SS
Titl Wr'1'1,1-
By:
MONROE COUNTY ATTORN Y
PROVED AS TO FOR .
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d. Foundadon 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. The
contractor will operate two additional round trips operated within 90 minutes
before and after the hours of 10 am and 4 pm for staff access. Foundation staff
will not be charged a user fee for ferry service.
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.
3. 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.
The Contractor will transport diesel fuel to Pigeon Key and provide
equipment necessary to safely offload fuel to the mobile tank on the island.
The mobile tank must remain on the island and will not be moved onto the
dock during fueling operations. Fuel transport and offioading will be
performed in compliance with alllocaJ, state and federal Jaws.
Pigeon Key Foundation will reimburse the contractor for the cost of diesel
fuel at the actual cost with no mark up. Contractor's monthly cost includes the
cost for transporting and offloading fuel only.
Trash, garbage and other rubbish may be required by demand to be removed
as often as daily but no less than weekly. The contractor will provide garbage
dumpsters at the Marathon landing facilities. The cost for the dumpster and
garbage pick 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.
Exhibit A rev
Page 2 of6
. -- ---- ---~_.- ---. - - --
.
.
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 ifrequired.
A minimum of 30 calendar days advance notice will be provided for contracted functions.
The transportation cost for contracted functions will be borne exclusively by the
contracting group.
Cost: $9.00 per person for each round trip
Goods Transport for Contracted Functions
Contracted functions may involve transport of equipment (tents, tables, chairs) the day
before or the day of the function (caterers), and return on the day after. These
requirements will be identified by the Foundation no less than 30 days prior to the event.
To the extent possible, items will be transported on regularly scheduled trips at no extra
cost. When additional trips are required the cost will be borne solely by the
contracting group.
Cost for Extra Trip: $150 per round trip
OPERATIONAL REQUIREMENTS
The Contractor will perform the scope of services in accordance with the operational
requirements outlined below.
VESSEL REQUIREMENTS
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.
The Contractor shall utilize vessels that offer clean, neatly furnished and heated
inside accommodations with clean restroom facilities, good lighting, waste
receptacles, and an audible public address system.
Exhibit A rev
Page 4 of6
. - -
. $250 per instance of major lateness
. $50 per instance of minor lateness
. $250 per day per vessel for a violation of the passenger service standards.
Violations include, but are not limited to, untidy vessels, inadequate safety
appliances, an uncomfortable passenger envirorunent, 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
instances caused by factors strictly beyond the control of the Contractor, such as docking
facility 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 an acceptable excuse for late or missed trips.
REPORTING REQUIREMENTS
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 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
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.
Exhibit A rev
Page 60f6
., 11-14-2007
~~~~..
ALEX SINK STATE OF FLORIDA
CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 11/14/2007 EXPIRATION DATE: NI A
PERSON: KRUSZKA LINDA
FEIN: 650718898
BUSINESS NAME AND ADDRESS:
PARADISE DIVERS INC
1821 BITTERSWEET AVE
BIG PINE KEY FL 33043
SCOPES OF BUSINESS OR TRADE:
1- CHARTER BOATS
IMPORTANT: Purs."1 10 Chpter 4.w . 05(14), F.S., .. officer 01 . corporalion who elects exemplion Iro.. Ihls chpter by Hllng . cenilic.te 01 eleclion u.~er 1II1s
seclion III'Y not recover benelits or compens.lion un~er Ibis cboptel. Pursu'll to Chapler 440.05(2), F.S., Cerlitic.tes 01 elecliol 10 be exallp!... apply ooly Willll IIIe
scope of Ibe business or trade listed on Ille 101lce 01 election to be nempt. Pursu.nl to Chapler 440.05(131, F.S., Nolices of elecUol 10 be neapt n~ certllicoles 01
etecUon to be neapl sboll be subjecl to revoc'liol II, at .IY tI.e aller lhe fjlleg 01 Ihe lotlce or lIIe I.....co of Ihe cenlllcate, the person n.med on the lotlce or
cenilic.le 10 10lger Ileels the requiremenls 01 tIlis seclion lor isso.nce of . cenilic.te. TIle ~ep.rlmenl sh.1I revoke . cemf/cate at .ny lime lor f.ilure 01 the person
IllIIe~ on tlte c.nlllclle to lIIeet the requiremenls 01 this sectlOll. QUESTIONS? (850) 413-1609
DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
I STATE OF FLORIDA . IMPORT AN;
DEPARTMENT OF FINANCIAL SERVICES F Pursuant to Chapter 440.05/141, F.S., lWI officer of a corporation who
DIVISION OF WORKERS' COMPENSATION
NON-CONSTRUCTION INJUSTRY o elects exemption from this chapter by filing a certificate of election
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA l under this section may not recover benefits or compensation under this
WORKERS' COMPENSATION LAW D chapter.
EFFECTIVE: 11/14/2007 EXPIRATION DATE: N/A Pursuant to Chapter 440.05(12), F.S., Certificates of election to be
PERSON: LINDA KRUSZKA H exempt.. apply only within the scope of the business or trade listed on
FEIN: 650718898 E the notice of election to be exempt
R
BUSINESS NAME AND ADDRESS: E Pursuant to Chapter 440.05(13/. F.S., Notices of election to be exempt
PARADISE DIVERS INC and certificates of election to be exempt shall be subject to revocatIon
1821 81TTERSWEET AVE if. at lWIy time after the filing of the notice or the issuance of the
81G PINE KEY, Fl 33043 certificate, the person named on the notice or certificate no longer meets
the requirements of this section for issuance of a certificate. The
department shalf revok.e a certificate at any time .tor fallure of the
SCOPE OF BUSINESS OR TRADE: person named on the certificate to meet the requIrements of thIS
section.
1 - CHARTER BOATS QUESTIONS? (850) 413-1609
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
WC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06
. 11-14-2007
~~
ALEX SINK STATE OF FLORIDA
CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES
DIVISION Of WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 11/14/2007 EXPIRATION DATE: N/ A
PERSON: WRIGHT LARRY
FEIN: 650718898
BUSINESS NAME AND ADDRESS:
PARADISE DIVERS INC
1821 BITTERSWEET AVE
BIG PINE KEY FL 33043
SCOPES OF BUSINESS OR TRADE:
1- CHARTER BOATS
IMPORTANT, PursUII 10 Chlpler 440 . 05H4/, f.S., 'R ollieer 01 . eorporelioo wllo elects nelllptiol Irolll Illis cIt.pler by llIilg . eenllielle 01 electioa aoler tills
seelioR IllY ROI recover benellls or eompeaSllio. HR4er Illis eb.pler. Pursuanl 10 Cb.pler 440.05(121. f.S., Cerlillelles 0' eleeliOA to be nellpl... .pply o.ly wl~in llIe
scope 01 lie buslless or lr.4e ffsle4 on Ibe Rotiee 01 eleetioR to be exelllp!. PurSll1ft1 to Chlpter 440.05(131, f.S., lIotlces ., eleetlo. to be exe.PI Ad een/llcltes of
election to be exe.pt slIIlI be Slbjeel to revoCllion if, II eny tllIle efter tlte liIing 01 tlte noliee er lIIe lssunc. 01 Ill. cenil/Clt., lIIe person nl..o4 01 III. lIOliee or
eenille.t. 00 lo.ger .eets llIe requlremeats 01 lIIis seelio. lor fssullee 01 . eertilielte. ne dep.n....t sIt.1I revoke . eenil/Clte It ..y lillle lor I.ilure 01 lIIe persoR
..IIIed on tile eortlllelle to lIeet tbe requirements 01 tbls section.
QUESTIONS? (850) 413 -1609
DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
I STATE OF FLORIDA IMPORTANT
I aJEPARTMENT OF FINANCIAL SERVICES _ F '.
DIVISION OF WORKERS' COMPENSATION Pursuant to Chapter 440.05041, F.S.. an offIcer of a corporation who
NON-CONSTRUCTION INDUSTRY 0 elects exemption from this chapter by filing a certificate of election
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA. L under this section may not recover benefits or compensation under this
WORKERS' COMPENSATION LAW - D chapter.
EFFECTIVE: 11/14/2007 EXPIRATION DATE: N/A Pursuant to Chapter 440.05(12), F.S., Certificates of election to be
PERSON: LARRY WRIGHT H exempt... apply only within the scope of the business or trade listed on
FEIN: 850718898 ~ the notice of election to be exempt.
BUSINESS NAME AND ADDRESS: E Pursuant to Chapter 440.051131, F.S., Notices of electio.n to be exem~t
PARADISE DIVERS INC and certificates of election to be exempt shall be subject to revocation
1821 81ffiRSWEET AYE if, at any time after the filing of the notice or the issuance of the
BIG PINE KEV FL 33043 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 Illy time for failure of ,the
SCOPE OF BUSINESS OR TRADE: pers~ named on the certificate to meet the requirements of thiS
section.
1. CHARTER BOATS QUESTIONS? (8501 413 -1609
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
WC- 252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID 80 I DAT2(AlMlOONYW)
PARAD-5 10/01/08
PROOUCEft THIS CERnFICAT! IS ISSUED AS A MATTER OF INFORMA nON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Royal Marine 7na. Group (MIA) HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
8300 NW 53 Street, Suite'102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami l!'L 33166 ,
Phone: 305-477-3755 rax:305-477-3858 INSURERS AFFORDING COVERAGE NAlC.
INSOIWl .. _..~._-_.- ... .. . ....-. . ..-
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INSURER B:
p!r8tdJ... Diver., Inc.. I ..... - ..... ....- . '------'.' ...-..-----. ._
~ i Kru.r:ka . INSURER c:
overs.!! I!.!Y ! INSURER D: - .
B g Pin. I'L 0 3 IIIISI.IR&R II: I
COVERAGES
THE POlICIES OF INSURANCe lISTED IlEl.OW.v.VE 8EeH ISSUED TO THE INSURED NAMED A80W FOR THli PQuev PERJOO INDICATED. NO'l"WfrnSTANOlHG
ANY REQUlRENENT. TefW OR CONDITION 0/' ANY COHTRACT OR OTHER OOCUMENT wmt RESPECT TO WHICH THIS CERTIFICATE MAy BE ISSUED OR
MAy PERTAIN. TH€ INSURANce AFFORDED BV THE POlICIES OESCRBED HEREIN IS SU8JECT TO AlL THE TERMS. EXClUSlOHS AND CONDITIONS Of SUCtl
POUCIES. AGGREGATE LIUfTS SHOWN lAAy.v.VE BEEN REDUCED By PAl> CUJMS.
-. ....-- . - I
LTR R TYP6 OF INS H)lJCY NUMaIR UMITa
GeNUA!. UAaIUTY i EACH OCCORRENCE S
GCTO"RENTEO .' '.. ...-
COMNERcIAl GENEIW. LIA8lUTY I ~~ (EI t1CQlrenCe-L. s
CtAIMS MADE C OCCUR I UEO ElCP (My _ petIOI'll S
.~ .. I PERSONAl" AfN INJURY .
--
I GENElW.AOGREGATe S
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, GEN'I. AGGREGATE UMfT APPUeS PER: PAOOUCTS . couPlOP AGO S
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AVTOMOB'U UA8lUTY I COMBlNED 8IHOlE UMlT I
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OTHER THAN
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! !XCl!.SSI\JMBREU. UABlUTY EACH occuFtRENCE I -., -
: D OCCUR DCLU.4SMADe iAOGREGATE "
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I OEOUCTIBlE I '.
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RETEHTION S ,
. WORKERS COMPIHSATJON ANO 'T UMITS I ER
' eMPLOYlRS' LIAlJIUTY E.L EACH ACCIDENT 's
i Nl'/I'R()PAfETORIPARTNERlEXEctmIIE - .-
OFf~BER EXCtUoeo? E.L DISEASE . EA EMPLO I
' ~~\IIIdIr ------ . ... ....
. PROVISIONS bobw . . E.L DISEASE. POLICY LIMIT I
: OTHER
X I Poll-OPA /CERCLA OMH349-18-27 08/31/08 08/31/09 Pollution 800,000
I.lUCRIPTIOH OF 0PEAA11OH81 LOCAllONI/VlHCLU' EXCLUSIONS ADDEO 8'1' INDORIIMIHT 'IP&IAL PRCMSIONI
Pollution' Clean Up Insurance ~or v....l 1~88 30' I.land Hopper, Hull ID'
AXA17200A888 "l'aradi.. Diver IV, Approv.d 0..: Commeroial Pa..enqer
Vessel
Additional In.ur.d:
CERTIFICATE HOLDER CANCELLAnON
HONROI!:C eHOUUlllNV 01' THE A8CM! DUClUHO I'OIJCIU Ill! CANCEUm ltl!JtORl!: Tlil!: IOO'lM
DATI! TH!Al!:0I'. THe ISSUING IH8UItU WILL I!NDl!AVOR TO MAIL ~ DAYS WRITTI!H
~TO THe CD.MCAT2 HOI.OU NAMEDTOTHl! LEFT. BI1f FAIUSRE TO 00 IOSHAU.
Monro. County IMPOaI! NO O8UOAl1ON OR LIAaIUTY OF /lIlY KIND UPON THlINSUReA.. rrs AGENTS Oft
1100 Simonton Str..t
Key W..t FL 33040 RURUaNTAllVU.
AUTHORIZIO RIPRUINTATM
J.ffre otor
ACORD 25 (2001/08) . . Cl ACORD CORPORA TlOti 1188
"'VIA. nON 8lJSIHESS & INDUSTRY COMMERCW. VESSELS YACHTS RMIG MARINE OPERATIONS PRNATE CUENT TRANSPORTA.TION
DIVE & SNORKEL BOAT CERTIFICATE OF INSURANCE
INSURED; CERTIFICATE DATE: February 21. 2008
Paradise Divers. Inc.
Linda Kruszka TllIS cemFlCATE IS I68UEO M It. tMmR OF 1HI'ORM.\1ION ONlY NfO CONFf:RS
38801 Overseas Hwy NO RIGHTS UPON THE CERTIFICATE HOlDER. 1Hl6 CERTIFICATE DOeS NOT
Big Pine. Fl 33043 AMEND. EXTEND OR ALTER THE CO'IEftAOEAfFOROE.D BY THE l'OUClES BELOW.
VESSEL INFORMATION EFFECTIVE DATE: 02l23J08
EXPIRATION DATE 02123109
Year Length Make POLICY NUMBER See Schedule
Model Name Se. Schedule .wsURANCE COMPANY: Insurance Company of North
-An A~--
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE .,SURED FOR 1lE POlICV PERlOO INDICATED. THE INSURANCE AFfORDED 8Y
THE POlICIES DESCRIBED HEREIN ARe SUBJECT TO TERMS. CONDITIONS, CLAUSES AND WAARAN'TlES INClUDING I\PPUCABlE ENDORSEMENT IS) OF
SUCH POlICIES.
COVERAGE SECTION UMIT OF UABILlTY DEDUCTIBLE
Section A. - ProoeFty Insu~
Huh. Equipment & Accessories $ See SChedule $ See Schedule
Windstorm DeducUble $ See Schedule
Personal Effects (Items greater than $500 to be echoduled) $ 0.00 $ 0.00
Tender / Trailer $ 0.00 $ 0.00
SectIon B. - Liability Insurance - Combined SIng1e Umit
Bodily Injury and Property Damage (Combined SIngle limit) $ 1.000.000.00 $ 2.500.00
No. of Covered Passengers $ JNClUOED $ 2,500.00
No. of Covered Crew $ INCLUDED $ 2.500.00
Svtim & Snorkel Endorsement - Subllmlt $ 250.000.00 $ 0.00
Section C. - Medical Payments
$ 10.000.00 $ 0.00
Section D. - lonoshoremen's and Harbor Worker's Comoensation $ STATUTORY $ 0.00
Section F. - General Conditions (Additional C0Yer'8ge)
Towage and AssIstance (Not Claim Related) $ 500.00 Maximum $ 0.00
Extra Expense Coverage $ 1.000.00 Dally Seven (7) Days
$ 25,000.00 Maximum
SPECIAL PROVISIONS
Navlgatfon Warranty: Coastal Waters 01 Florida
o CERTIFICATE HOLDER ~ ADDITIONAL INSURED o LOSS PAYEE
Additional Insureds Are Covered As Per Addlflonallnsured Endorsement
Monroe County oQ
1100 Simonton Street
Key West Fl 33040
AUTHORIZED SIGNATOR
ROYAL MARINE INSURANCE GROUP
8300 NW 53R" Street. Suite 102 MiamI. Fl 33166.305477.3755. Fox 305477.3858.800926.2811 . www.rmfg.us
AVIATION BUSINESS & IHOUSTRY COMMERCIAl VESSELS YACHTS RMIG tMRlHE OPERATIONS PRIVATECUENT TRNtSPORTATlON
SCHEDULE OF VESSELS
PolicY No, Vessel Description Hull Value Hull Oed Windstorm Ded Pass No. Crew No.
NOO88151A.o03 1987 3Q'lsland Hopper $ 55,000 $ 2,000 $ 5.000 22 02
"Paradise Sea Dive('
NOO881521.o03 1988 3Q'lsland Hopper $ 65,000 $ 2.000 $ 5,000 22 02
'Paradise Diver VI"
ROYAL MARINE INSURANCE GROUP
6300 NW 53~D Street. Suite 102 Miami, FL 33166.305477.3755. Fax 305477.3858. BOO 926-2811 . www.rmlg.us
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
described below. The Contractor shall be responsible for providing all staffing. vessels.
and associated equipment and services necessary to operate the service.
I. Pusenler 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
consistent with the functional requirements described within this section. Ba.e
servlee will be provided daily between the hours of lOAM and 4 PM at
headways no greater than 90 minutes supplying a fimctional capacity of22
passcogers per 90 minute interval in each direction plus two additional round trips
operated within 90 minutes before and after the hours of lOAM and 4 PM for
staff access.
L EdueadonalC:roupl
The Foundation provides educational programs year-round on a prellJJ'llllged
buis. There are typically 8S educational groups per year, ranging in size from
I S to 70 persons per group. Contractor will move the entire educational group
at one time using several vessel. if required. Educational groups will not be
charged a user fee for ferry service. The monthly fee to be paid to the
Contractor for Base Service will include transportation for educational groups
on regularly scheduled service to the extent possible. The cost for additional
vessels to move educational groups that cannot be accommodated in the
regularly scheduled service will be paid separately at a cost 0($1 SO per round
trip, as detailed below.
b. Historic Toun
The Foundation provides historic toura for the general public every day of the
year. There are on average 16 persons daily on historic tours with a recorded
high of SO persons on one day. Contractor will provide service to Pigeon Key
on a 90 minute filled schedule between 10 am and 4 pm daily.
e. C:uest House Use
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 trip. within the base service.
2)\
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. The
contractor will operate two additional round trips operated within 90 minutes
before and after the hours of lOam and 4 pm for staff access. Foundation staff
will not be charged a user fee for ferry service.
2. Goo'" Transport
The Contractor shall provide alllabar 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 nwnber of additional trips that would consolidate
ferry trips in a cost-cft'ective manner.
a. Coasumable.
Foundation operations require regular delivery of diesel and propane fuel,
food, and other conswnables to Pigeon Key and the removal of trash, samage
and other rubbish to Marathon on a replar basis.
All filel, food and conswnables will be delivered to the landins facility in
Marathon for delivery to Pipon Key by the Contractor.
The Contrllctor will transport diesel fuel to Pipon Key and provide
equipment necessary to safely oftload 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 fuel in. operations. Fuel transport and omoadin. will be
perfunned in compliance with all local, state and federal laws.
Pigeon Key Foundation will reimbune the contractor for the cost of diesel
fuel at the actual cost with no mark up. Contractor's monthly cost includes the
cost for transporting and oftloading fuel only.
Trash, garbage and other rubbish may be required by demand to be removed
as often as daily but no less than weekly. The contractor will provide garbage
dwnpsters at the Marathon landing facilities. The cost for the dumpster and
garbage 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 passengen. Vessels used to transport garbage and fuel will be appropriately
cleaned prior to reuse for passenger transport.
Exhibit A rev
Page2of6
Monthly fee for transportation of passengers and/or goods from the hours of 10:00 AM
through 4:00 PM, with two additional trips (one before 10:00 am and one after 4:00 pm
to accommodate Foundation stafl)
as described in Base Service: $22,114.33 per month
Based on 5727.05 per day for 365 days per year
Additional trips as needed for educational groups
Up to 84 round trips per contract period 5150.00 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.
ADDITIONAL SERVICES
Special Equipment Transport
As directed by the County, tho Contractor will provide for transport of bobcats and
baclchoes (1,700 Ibs) to repair island facilities during post.hunicane event periods.
Equipment Transport Cost: 52,000.00 per Geeurrenee
rusenlOr Tnnsportatlon-Arh Festival and other Pigeon Key Foundation
Sponsored Evenll
The Contractor will provide ferry service during the Arts Festival 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 the Arts Festival, such as timed boarding passes. The
eost assGelated with passenger transportation for the Arll Festival will be borae
exelu.lvely by Pigeon Key Foundation.
Cost per vessel per day: 5895.00
Good. Transport for Arb Festival and other Pigeon Key Foundation Sponsored
Evenll
Contractor will provide transportation for other materials needed to support Foundation
activities. Special delivery requirements associated with the Arts Festival may require
delivery of tents, tables, chairs and other similar material and catering supplies on the day
prior to F esti val 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. Whea
additional trips are required the eost will be borne exeluslvely by Pigeon Key
Foundation.
Cost for Extra Trip: $150 per round trip
Exhibit A rev
Page J of6
.
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 of30 calendar days advance notice will be provided for contracted functions.
The transportation cost for contracted functions wID be borne exclusively by the
contraetln.ll'oup.
Cost: 59.00 per person for each round trip
Goodl Transport for Contracted Functlonl
Contracted functions may involve transport of equipment (tents, tables, chairs) the day
before or the day of tho 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. Whea additional trlJII .... required the COlt wID be borne IOIeIy by the
contractiD. aroup.
Cost for Extra Trip: 51!O per round trip
OPERATIONAL REQUIREMENTS
The Contractor will perfonn the scope of services in accordance with the operational
requirements outlined below.
VESSEL REQUIREMENTS
The Contractor will use vessell that are compatible with the landin, facilities in the City
of Marathon and existing facilities on Pigeon Key.
All vessels must carry a valid Certificate of Inspection tiom the United States Coast
Guard and must comply with all safety and accessibility laws, regulations, and
requirements pertaining to tho 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.
The Contractor shall utilize vessels that offer clean, neatly furnished and heated
inside accommodations with clean restroom facilities. good lighting, waste
receptacles, and an audible public address system.
Exhibit A rev
Page 4 0(6
.
.
.
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 ofEarthrnark Knight's Key
LLC's docking facilities at Knights Key. Landing facilities at Knights Key must have
parking for a minimum of IS vehicles to accommodate daily island visitors. Any change
in landing facilities within the City ofMaratbon is subject to approval by the County,
upon receipt of no lice 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 lu1y I of each year thereafter, the Contractor
shall submit an operational plan 10 the County for approval prior to implementation. At a
minimum, 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 10 maintain the vessels and the crew in a
satisfactory passenger transportation operational condition.
The Contractor shall maintain zero-tolerance policy for drug and alcohol abuse for all
employees directly involved in the provision of services under this agreement. The
Contractor will provide a program of random druS and alcohdl testing for the duration of
this agreement consistent with the requirements of the Federal Transit Administration.
PERFORMANCE MEASURES
The Contractor's operatinS 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 transportins paasenSer(s) may be considered a minor violation of on-tUne
perfonnance 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 perfonnance 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 perfonnance ifits arrival or departure is in excess
of these times up to one hour. Each trip arrivinS 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
perfonnance or a missed trip identified by the County in accordance with the followins
schedule:
. $1,000 per missed trip
Exhibit A rev
Page' of6
.
. $250 per instance of major lateness
. S50 per instance of minor lateness
. $250 per day per vessel for a violation of the passenger service standards.
Violations include, but are not limited to, untidy vessels, inadequate safety
appliances, an uncomfortable passenger enviwMlent, 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
instances caused by factors strictly beyond the control of the Contractor, such as docking
facility 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 perfonnance.
Howcwer, 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 an acceptable excuse for late or missed trips.
REPORTING REQUIREMENTS
The Contractor shall provide detailed daily and monthly reports with accurate
infonnation 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 fannat acceptable
to the County. Daily reports shall be: submitted on a weekly basis, at the end of each
week, and monthly reports are due by the 5th day of the following month. At its sole
discretion, the County may mpIire 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
determine which days the Foundstion 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.
Exhibit A rev
Page 6 of6