ITB-20-006-02 Blue Water Marine Services CONTRACT NO. 20-006-02
Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490
SENT VIE E-MAIL TO:
bluewatermarineandsalvage@gmail.com
June 2, 2020
Roberto Benitez
Blue Water Marine Services, Inc.
23950 SW 129th Ave.
Homestead, FL 33032
Phone: 305-230-0030
RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO.
2020-006-JC FOR POOL OF PREQUALIFIED CONTRACTORS FOR THE REMOVAL
AND DISPOSAL OF DERELICT OR ABANDONED VESSELS FROM PUBLIC WATERS
ON AN AS-NEEDED BASIS
Dear Mr. Benitez:
On February 28, 2020, Blue Water Marine Services, Inc., (the “Contractor”) submitted to the City
of Miami Beach, Florida (the “City”) a bid in response to the above-referenced ITB. The ITB
stipulates, pursuant to Section 0200, Sub-Section 16, Binding Contract, that the approval of the
City Manager’s recommendation by the Mayor and City Commission shall constitute a binding
Contract between the City and the awarded bidder.
Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission,
at its May 13, 2020 meeting, approved the City Manager’s recommendation, pursuant to the ITB
to prequalify the Contractor to be eligible to provide services to the City for the removal and
disposal of derelict or abandoned vessels from public waters on an as-needed basis. It is
important to note that no services may be performed until such time as insurance has been
received pursuant to the ITB and the City has issued a Purchase Order.
If you have any questions regarding this letter of notification of award, you may contact Valerie
Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at
305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for
this contract, Sgt Luis Sanchez, Police Department, at luissanchez@miamibeachfl.gov or (305)
673-7776 ext. 5089.
Thank you,
Alex Denis
Alex Denis
Director Procurement Department
AD/ME/AG
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
ATTACHMENT A
RESOLUTION & COMMISSION AWARD MEMO
Resolutions - C7 F
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
F R O M:J immy L . Morales, City Manager
D AT E:May 13, 2020
S UB J E C T:A R E S O L UT I O N O F T HE MAYO R A ND C I T Y C OMMI S S I ON O F T HE C I T Y
O F MI A MI B E A C H, F L O R I D A , A C C E P T I NG T HE R E C O MME ND AT I O N O F
T HE A D MI NI S T R AT I O N, P UR S UA NT TO I NV I TAT I O N TO B I D ("I T B ") 2020-
006-J C, TO E S TA B L I S H A P O O L O F P R E Q UA L I F I E D C O NT R A C TO R S
F O R T HE R E MO VA L A ND D I S P O S A L O F D E R E L I C T O R A B A ND O NE D
V E S S E L S F R O M P UB L I C WAT E R S, O N A N "A S -NE E D E D " B A S I S, A ND
A P P R O V E T HE I NI T I A L P O O L O F Q UA L I F I E D C O NT R A C TO R S, A S S E T
F O RT H I N E X HI B I T "A "; F URT HE R, A UT HO R I Z I NG T HE C I T Y MA NA G E R
TO K E E P T HE I T B O P E N F O R T HE P UR P O S E O F Q UA L I F YI NG
A D D I T I O NA L C O NT R A C TO R S, A ND D E L E G AT I NG TO T HE C I T Y
MA NA G E R T HE A UT HO R I T Y TO A D D O R R E MO V E C O NT R A C TO R S TO
T HE P O O L , P R O V I D E D S UC H C O NT R A C TO R S ME E T T HE
R E Q UI R E ME NT S O F T HE I T B ; A ND F URT HE R , P R O V I D I NG T HAT A NY
P UR C HA S E I N E X C E S S O F $100,000 S HA L L B E S UB J E C T TO T HE
P R I O R A P P R O VA L O F T HE C I T Y C O MMI S S I O N.
RE C O M M E ND AT IO N
T he A dministration recommends that the Mayor and C ity Commission of the City of Miami
Beach, F lorida approve the City Manager’s recommendation pertaining to bids received,
pursuant to I T B 2020-006-J C , f or the prequalif ication of bidders f or derelict vessels removal
and disposal.
BACKGR OUND/H I STORY
On J anuary 31, 2020, the C ity issued an I nvitation to B id 2020-006-J C (the “I T B ”). The
purpose of the I T B is to establish a contract, by means of sealed applications, with qualified
contractors for the establishment of a prequalified pool of contractors for the removal and
disposal of derelict or abandoned vessels f rom public waters, on an as-needed basis. The pre-
qualified pool established shall effectively create a source of viable contractors from which the
City may issue I nvitation to Quotes (I T Qs) f or 1) removal and disposal of derelict vessels as the
result of damage caused by accidents, storms, and/or owner neglect/abandonment, which may
include sunken and partially sunken vessels, and/or other debris that may impede navigation and
affect the safety of public waters; 2) removal and disposal of damaged vessels by a major
natural disaster event, which may include sunken and partially sunken vessels and other debris
Page 189 of 985
that may impede the navigation of public waters, wherein C ode of Federal Regulations (“C F R”)
and F E MA Recovery Policy shall apply. T his pool of prequalified contractors is an important tool
in the C ity's portfolio of emergency response contracts. Because some of the most of the
needs are unplanned and require a quick response, it is in the City's best interest to have a pool
of prequalif ied contractors for which various City departments may seek proposals and quickly
deploy a contractor to address the identified need.
W hen a need arises, the department will seek proposals f rom all prequalified contractors. For
service orders up to $100,000, the approval of the C ity Manager, or designee, will be required.
Services orders exceeding $100,000 will be submitted to the City Commission f or its
consideration and approval. To maximize competition among contractors, the Administration is
recommending that contractors be allowed to submit prequalification applications throughout the
term of the contract. F urther, at any time, the City, through the approval of the City Manager, may
accept applications and add, or remove, contractors to the list of prequalif ied contractors during
the term of the contract.
ANALY S I S
T he I T B was issued on J anuary 31, 2020, with bid opening date of February 28, 2020. The
Procurement Department issued bid notices to 1,443 companies utilizing www.bidsync.com
website. 28 prospective bidders accessed the advertised solicitation. The notices resulted in
the receipt of f ive (5) responses f rom: B allard Marine C onstruction, I nc., B lue Water Marine
Services, I nc., D R C E mergency S ervices L L C, L egion Undersea Services L L C , and Upper
Cut P romotions L L C.
T he I T B stated that f ollowing the review of applications, the responsive and responsible
bidder(s) meeting all terms and conditions of the I T B will be recommended for award. I n its
due diligence, the P rocurement D epartment found that all five (5) bidders met the requirements
of the I T B . A ccordingly, B allard Marine Construction, I nc., B lue Water Marine S ervices, I nc.,
D R C E mergency S ervices, L L C , L egion Undersea S ervices L L C, and Upper C ut P romotions
L L C have all been deemed responsive, responsible bidders meeting all terms and conditions of
the I T B and are to be prequalified for future work.
FI NANCI AL I NFOR MAT I ON
Grant funding will not be utilized for this project.
CON C L U SI ON
I concur with staff that it is in the best interest of the City to have a pool of prequalified
contractors f or which quotes can be requested expeditiously for the removal and disposal of
derelict or abandoned vessels from public waters on an “as needed” basis. Otherwise,
redundant and time-consuming efforts would be required to prequalify contractors at the time of
need. T his prequalif ied pool is an important tool in the City's emergency response portfolio of
contracts.
F urther, in order to continue to maximize competition by continuing to add contractors, I
recommend that the period for submitting applications be extended to be consistent with the
term of the contract. New applicants that meet the I T B requirements will be added to the pool.
Contractors that do not perform well will be removed from the pool.
Page 190 of 985
T herefore, I recommend that the Mayor and C ity Commission of the City of Miami B each,
F lorida, approve the R esolution, accepting the recommendation of the City Manager, pursuant
to I nvitation to Bid (I T B) No. 2020-006-J C, to establish a pool of contractors f or the removal
and disposal of derelict or abandoned vessels from public waters, on an “as-needed” basis, and
approve the initial pool of qualified contractors, as set forth in E xhibit “A” to the Commission
Memorandum; further, authorizing the City Manager to keep the I T B open f or the purpose of
prequalifying additional contractors, and delegating to the City Manager the authority to add
contractors to the pool, provided such contractors meet the requirements of the I T B; and further
providing that any purchase in excess of $100,000 shall be subject to the prior approval of the
City Commission.
Applicable Area
Not Applicable
Is this a "Re sidents Right
to Know" ite m, pursuant to
City Code Se ction 2-14?
Does this item utilize G.O.
Bond Funds?
No No
L egislative T racking
Police/P rocurement
ATTACHME N T S:
Description
Attachment A
Resolution
Page 191 of 985
ATTACHMENT A
QUALIFIED PER ITB
REQUIREMENTS
DERELICT VESSELS CONTRACTORS
Blue Water Marine Services, Inc.
DRC Emergency Services LLC
Legion Undersea Services LLC
Upper Cut Promotions LLC
Ballard Marine Construction, Inc.
Page 192 of 985
RESOLUTION NO. ------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
ADMINISTRATION, PURSUANT TO INVITATION TO BID ("ITB") 2020-006-
JC, TO ESTABLISH A POOL OF PREQUALIFIED CONTRACTORS FOR THE
REMOVAL AND DISPOSAL OF DERELICT OR ABANDONED VESSELS
FROM PUBLIC WATERS, ON AN "AS-NEEDED" BASIS, AND APPROVE
THE INITIAL POOL OF QUALIFIED CONTRACTORS, AS SET FORTH IN
EXHIBIT "A"; FURTHER, AUTHORIZING THE CITY MANAGER TO KEEP
THE 1TB OPEN FOR THE PURPOSE OF QUALIFYING ADDITIONAL
CONTRACTORS, AND DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ADD OR REMOVE CONTRACTORS TO THE POOL,
PROVIDED SUCH CONTRACTORS MEET THE REQUIREMENTS OF THE
1TB; AND FURTHER, PROVIDING THAT ANY PURCHASE IN EXCESS OF
$100,000 SHALL BE SUBJECT TO THE PRIOR APPROVAL OF THE CITY
COMMISSION.
WHEREAS, on January 31 , 2 020, the City issued an Invitation to Bid 2020-006-JC (the
"ITB") to establish a contract, by means of sealed applications , with qualified contractors for the
establishment of a prequalified pool of contractors for the removal and disposal of derelict or
abandoned vessels from public waters , on an as-needed basis; and
WHEREAS, on February 28, 2020, responses were received from Ballard Marine
Construction, Inc., Blue Water Marine Services , Inc., DRC Emergency Services LLC , Legion
Undersea Services LLC , and Upper Cut Promotions LLC; and
WHEREAS, the 1TB stated that follow ing the review of applications, the responsi v e and
responsible bidder(s) meeting all terms and conditions of the 1TB will be recommended for
award; and
WHEREAS, in its due diligence, the Procurement Department found that Ballard Marine
Construction , Inc., Blue Water Marine Services , Inc., DRC Emergency Services LLC, Legion
Undersea Services LLC, and Upper Cut Promotions LLC met the requirements of the 1TB; and
WHEREAS, the Administration recommends that the City establish a pool of prequalified
contractors for the removal and disposal of derelict or abandoned vessels from public waters;
and
WHEREAS, when a need arises , the City will seek quotes from all prequalified
contractors for the services required; and
WHEREAS , the list of prequalified contractors is included in Exhibit "A " attac hed to this
Resolution ; and
WHEREAS, to maximize competition among the prequalified contractors , the
Administration is further recommending that the 1TB remain open , to permit the City Manager to
qualify additional contractors as part of the pool , provided that such contractors meet all of the
requirements of the 1TB; and
WHEREAS, for purchases in the amount of $100 ,000 or less, the approval of the City
Page 193 of 985
Manager or designee will be required in accordance with the City Manager's existing delegated
procurement authority under the City Code ; and
WHEREAS , purchases exceeding $100 ,000 will be submitted to the City Commission for
its consideration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Administration, pursuant to Invitation to
Bid ("ITB") No. 2020-006-JC, to establish a pool of prequalified contractors for the removal and
disposal of derelict or abandoned vessels from public waters, on an "as-needed" basis, and
approve the initial pool of qualified contractors, as set forth in Exhibit "A "; further, authorize the
City Manager to keep the 1TB open for the purpose of qualifying additional contractors , and
delegate to the City Manager the authority to add or remove contractors to the pool, provided
such contractors meet the requirements of the 1TB; and further provide that any purchase in
excess of $100,000 shall be subject to the prior approval of the City Commission.
PASSED AND ADOPTED this ___ day of ____ 2020 .
ATTEST:
RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR
Af-'PRO'vE D A S TO
FORM & LANGUAGE
& FOR EXECUTION
,[ l J20
City Attorney ~ Date
Page 194 of 985
ATTACHMENT A
DERELICT VESSELS CONTRACTORS QUALIFIED PER 1TB
REQUIREMENTS
Ballard Marine Construction, Inc. ✓
Blue Water Marine Services, Inc. ✓
DRC Emergen cy Services LLC ✓
Legion Undersea Services LLC ✓
Upper Cut Promotions LLC ✓
Page 195 of 985
ATTACHMENT B
ITB SOLICITATION
TABLE OF CONTENTS
SECTIONS:
0100 GENERAL INFORMATION & SCOPE OF WORK
APPENDICES:
APPENDIX A PREQUALIFICATION APPLICATION
APPENDIX B SPECIAL CONDITIONS
APPENDIX C 2CFR APPENDIX II TO PART 200
APPENDIX D FEMA RECOVERY POLICY
DEFINITIONS:
Bidder means any firm or individual submitting an application in response to this ITB. The term bidder
may be used interchangeably with applicant and proposer.
Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City.
SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK
1. PURPOSE. The City of Miami Beach is seeking applications from marine salvage contractors who
wish to participate in a pre-qualification pool that will be used to solicit removal and disposal of derelict
or abandoned vessels from public waters, on an “as-needed” basis as specified herein. Services may
include but are not limited to the following: 1) removal and disposal of derelict vessels as the result of
damage caused by accidents, storms, and/or owner neglect/abandonment, which may include sunken
and partially sunken vessels, and/or other debris that may impede navigation and affect the safety of
public waters; 2) removal and disposal of damaged vessels by a major natural disaster event, which
may include sunken and partially sunken vessels and other debris that may impede the navigation of
public waters, wherein Code of Federal Regulations (“CFR”) and FEMA Recovery Policy shall apply.
Coordination shall take place, as applicable, between the United States Coast Guard, State an d local
Marine Patrol, local government agencies, marine salvage contractors, commercial divers, and certified
surveyors to ensure that navigation hazards are removed safely and efficiently. Removals initia ted by
the City of Miami Beach, and subsequently, contractor(s) pursuant to award of this ITB, must meet all
applicable FEMA, DERM, and Coast Guard rules, regulations and standards, as well as local, state,
and federal regulations. Interested contractor(s) may submit an application indicating its intent to
become prequalified. Additional information related to FEMA policies and procedures can be found
herein under Appendix D, FEMA Recovery Policy.
All contractors which meet or exceed the criteria established in this solicitation shall be placed on a pre-
qualification list that may be accessed by various City departments to obtain price quotations for the
services required by way of this ITB. The specific scope of work shall be determined in advance and in
writing between the City and the awarded vendor. The City may provide a general scope; however the
awarded vendor shall provide a written scope of work to the City as part of its proposal. Once the
scope of the project is agreed to, the City will issue a purchase order with the estimate referenced as
an attachment along with bond and any other special provisions agreed to. If special terms and
conditions other than those covered within this solicitation and awarded contract are required, they will
included in the specific scope of work, and will be attached to the purchase order; and further, the
purchase order shall take precedence over those in the base contract. CFR shall apply only to those
projects meeting the specific federal requirements, as noted herein under Appendix C, 2CFR Appendix
II to Part 200. The City will endeavor to advise the Contractor(s) of any applicable CFR requirements at
the time the specific scope of work is determined.
The City-issued purchase order shall serve as a “notice to proceed.” The period for the completion of
services will include the mobilization, planning, weather, location, removal and disposal. No additional
claims may be made for delays as a result of these items. When the tasks have been completed the
awarded vendor shall notify the City and have an authorized City representative inspect the work for
acceptance under the scope and terms in the Purchase Order. The City will issue in writing any
corrective actions that are required. Upon completion of these items, the City will issue a completion
notice and final payment will be issued.
The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and
document fulfillment. Any prospective bidder who has received this ITB by any means other than
through BidSync is solely responsible for registering immediately with BidSync to assure it receives any
addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has
received and complied with all addenda issued. Failure to receive an addendum, or comply with an
addendum requirement, may result in disqualification of bid submitted.
To be considered for the pool of pre-qualified contractors, interested parties must submit a
complete Bidder Pre-Qualification Application (Appendix A).
2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the
process that the City will utilize to award work pursuant to the prequalification process.
3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be
submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all
correspondence.
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000 x26694 jasoncrouch@miamibeachfl.gov
The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov;
or via facsimile: 786-394-4188.
4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the responsive,
responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for award, as
deemed in the best interest of the City, to the City Manager for his consideration. After considering the
staff recommendation for award, the City Manager shall exercise his due diligence and recommend to
the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the
City. The City Commission shall consider the City Manager’s recommendation(s) and, may approve or
reject the City Manager’s recommendation(s). The City Commission may also reject all bids
received. In addition to the criteria established in the application, pursuant to Section 2-369 of the City
Code, the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay or
interference.
• The character, integrity, reputation, judgment, experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating
to the Contract.
PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF
PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY
MANAGER.
4.1 RENEWAL TERMS. The City Manager, at his sole discretion, may approve up to two (2),
one (1) year renewal terms, providing that the required certification is still valid.
5. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL. At any time, the City, through the
approval of the City Manager, may accept applications and add additional firms to the list of
prequalified firms.
6. AWARDING WORK. When the need for services arises all prequalified contractors that are in good
standing may be invited to submit statements of work (SOW) and costs based on an Invitation to Quote
(ITQ) issued by the City. Each SOW prepared by the contractor shall include a clear description of the
work to be performed (with specific and timed deliverables) and the related costs by deliverable. The
City will select the prequalified contractor that offers the best combination of services and cost, solely at
the discretion of the City.
7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer service
delivery and expects the prequalified bidder to provide the best possible customer service to any and
all awarded projects throughout the term of the contract. The prequalified bidder’s project manager is
responsible for monitoring the customer service provided to City by prequalified bidder’s staff, sales
and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified
bidder will provide and maintain the highest quality of customer service possible during completion of
the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project
basis, as specified in each ITQ.
8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be
understood, as a result of a pre-qualification. The City reserves the right to purchase any goods
and/or services awarded from any resulting agreement, or another governmental contract, or on an as-
needed basis through the City’s spot market purchase provisions.
9. STANDARD TERMS AND CONDITIONS. The City’s Standard Terms and Conditions for Service
Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-terms-and-
conditions/) are referenced and incorporated herein.
10. INSURANCE REQUIREMENT. The vendor shall maintain the below required insurance in effect
prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance
coverage is a material element of the contract and failure to maintain or renew coverage may be
treated as a material breach of the contract, which could result in withholding of payments or
termination of the contract.
A. Worker’s Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal & advertising injury
with limits no less than $100,000 per occurrence.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less than
$100,000 combined per accident for bodily injury and property damage.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out
of work or operations performed on behalf of the contractor including materials, parts, or equipment
furnished in connection with such work or operations and automobiles owned , leased, hired or
borrowed in the form of an endorsement to the contractor’s insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be
cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation – Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However, this provision applies regardless of
whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers – Insurance must be placed with insurers with a current A.M. Best rating of
A:VII or higher. If not rated, exceptions may be made for members of the Florida Insuranc e Funds (i.e.
FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida.
Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documen ts prior to the work beginning shall not
waive the Contractor’s obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by these
specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668 – ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agen t,
EXIGIS, at:
Certificates-miamibeach@riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
11. BINDING AGREEMENT. By virtue of submitting an application for the City’s consideration, the
bidder agrees that the application shall be considered an offer on the part of the bidder, which offer
shall be deemed accepted upon approval of bidder’s prequalification status by City Manager or City
Commission. Further, bidder agrees that, upon approval of the bidder’s application by the City Manager
or City Commission, a binding Agreement shall be established between the City and the approved
contractor. The Agreement shall be comprised of the following documents, and in the following order:
First, the Purchase Order issued by the City; then,
Second, the signed Contractor Service Order; then,
Third, the Invitation to Quote (ITQ) awarded to the vendor; then,
Fourth the ITB, including all documents released in connection with the ITB, including
all appendixes, whether included herein or released under separate cover.
In case of default on the part of the Successful Bidder, after said award, the City may take such action
as it deems appropriate, including legal action, for damages or specific performance.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
APPENDIX A
________________________________________________________________________
Prequalification
Application
________________________________________________________________________
2020-006-JC
Derelict Vessels Removal and Disposal
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Prequalification Application Instructions
Section 1, SUBMITTAL INSTRUCTIONS. The Prequalification Application will not be considered
until it has been submitted completed and executed by a principal of the bidder. Incomplete
applications cannot be processed. If requested information is not applicable, please indicate ''N/A'' or
''None. '' If answers to questions are lengthier than the spaces that are provided in the application,
the answers may be provided on additional pages, which must be attached to the application. All
requested documents must also be attached to the application. Failure to attach all requested
documents will delay review and approval of the application.
Submit one (1) signed original and one (1) electronic copy (e.g., flash drive, CD-ROM) of the
applications to:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
The City reserves the right to request clarifications or additional information as deemed necessary to
evaluate a bidder’s qualifications. When clarifications or additional information is requested by the
City, bidder will have three (3) business days to provide, in full, all the requested information. Failure
to provide the information within the prescribed time will delay the review process and may result in
denial of prequalification.
Section 2, DEADLINE FOR SUBMITTAL. There is no deadline for the submittal of applications.
However, the initial review of applications shall take place 21 days after issuance of this ITB.
Applications submitted after this date will be reviewed periodically on an on-going basis. The City will
endeavor to complete the review of each application within 60 days of receipt.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
Part A – General Bidder Information.
FIRM NAME:
NO. OF YEARS IN BUSINESS:
NO. OF YEARS IN BUSINESS
LOCALLY:
NO. OF EMPLOYEES:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
BIDDER IS:
_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________)
Part B – Operational & Management Information.
1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the
company, below. Submit additional names on a separate sheet if required.
Owner Ownership percentage Directorship/Office type
2. Provide three (3) clients for which the bidder has provided the referenced services in the last five (5)
years.
Project Description of Work Project Reference
Name:
Email:
Telephone:
Name:
Email:
Telephone:
Name:
Email:
Telephone:
3. Is the bidder currently barred by a governmental agency, from bidding as a prime or subcontractor?
YES NO
If yes, state debarment period and the reason(s) for debarment?
4. Has the bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a
claim that was filed in a court and mediated or arbitrated during the last five (5) years?
11. YES NO
If yes, why?
5. Is an affiliate of the bidder prequalified by the City of Miami Beach for any work?
YES NO
If yes, state the name of the affiliate?
6. Is the bidder a parent, subsidiary, or holding company for another company?
YES NO
If the answer is "yes," identify the company and type of relationship(s), below:
Company Type of affiliation (parent or subsidiary) Period of affiliation
7. Is an owner, director, officer, or agent of the bidder affiliated with another company?
12. YES NO
If the answer is "yes," provide the following information for each individual and the affiliated company.
Individual´s name Affiliated company´s name Period of
affiliation
Type of affiliation (e.g.
officer, director, owner or
employee)
8. Is the bidder currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years?
11. YES NO
If yes, explain and attach, as applicable, the relevant case and court documents, including (but not
limited to): the original petition, including the case number and the date that the petition was filed; a
copy of the bankruptcy court's discharge order, and any other document that ended the case, if no
discharge order was issued.
9. Has any owner, director, officer, or agent for the bidder, or has any business organization in which any
such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the
past five (5) years?
11. YES NO
If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate
Chapter 7 case, a copy of the notice of commencement.
10. Has any owner, director, officer, or agent of the bidder owned or managed a company under any other
name in the last five (5) years?
11. YES NO
If yes, explain.
11. Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the
project was publicly or privately owned?
11. YES NO
If yes, explain.
12. Are there currently any liens, suits, or judgments of record pending against any owner, director,
officer, or agent for the company that is related to the business activities of a business organization?
11. YES NO
If yes, explain.
13. Has the bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable
(civil) for making either a false claim or material misrepresentation to any public agency or entity?
11. YES NO
If yes, explain.
14. Has the bidder or any of its owners, officers, or partners ever been convicted of any a federal or
state crime?
12. YES NO
If yes, explain.
15. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of
any officer, director, employee or agent, an employee of the City of Miami Beach?
YES NO
If yes, state name, title and share of ownership
Name Title Share (%) of Ownership
16. Has the bidder, or any officer, director, employee or agent, contributed to the campaign either directly or
indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City
of Miami Beach?
YES NO
If yes, provide details.
17. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases
hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that
requires bidders with more than 51 employees and City volume greater than $100,000 to provide “Equal
Benefits” to their employees with domestic partners, as they provide to employees with spouses. The Ordinance
applies to all employees of a bidder who works within the City limits of the City of Miami Beach, Florida; and the
Contractor’s employees located in the United States, but outside of the City of Miami Beach limits, who are
directly performing work on the contract within the City of Miami Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
YES NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners* or to domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the “other” section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Company Provides
for Employees with
Spouses
Company Provides
for Employees with
Domestic Partners
Company does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
18. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant
to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced
in North Carolina and Mississippi. Are any of the products for which the bidder is seeking to be prequalified
sourced in North Carolina or Mississippi?
YES NO
If yes, which brands.
BIDDER AFFIDAVIT
The undersigned agrees that s/he: 1) is a principal of the bidder duly authorized to execute the foregoing
Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true,
and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting
documents include all of the material information necessary to validate the status of the company for
prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a
notarized statement whenever a change occurs in the ownership, management , or financial c ondition of
the company. Further, any prequ alifie d contractor , including its principal(s), director(s), and any affiliate, who
is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be
declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any
other penalties prescribed by law.
The undersigned affirms that the bidder agrees: 1) to complete and unconditional acceptance of the terms and
conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor
will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined
by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained
in the bid are true and accurate.
Name:
Title (must be a principal of the bidder):
Signature:
Date:
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APPENDIX B
________________________________________________________________________
Special Conditions
________________________________________________________________________
2020-006-JC
Derelict Vessels Removal and Disposal
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
SPECIAL CONDITIONS.
1. LICENSE/CERTIFICATION. Prospective bidder shall maintain in current status the adequate
license or certification, to pull all permits necessary to successfully complete the work. Awarded
vendor(s) shall remain fully informed of and in compliance with all ordinances and regulations
pertaining to the lawful provision of services under the contract.
2. METHOD OF PAYMENT. The City shall provide periodic payments for services rendered by the
Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented
invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that
such invoices shall not be submitted for payment until such time as the service has been completed
and a City representative has reviewed and approved the service.
3. GUARANTEE AGAINST DEFECTS. The Contractor(s) shall, in addition to all other guarantees, be
responsible for faulty labor and defective material within a period of one (1) year after the date of
acceptance of labor and material by the City. Under this guarantee, the Contractor agrees to make
good without delay, at its own expense, any failure of any part of the work after the City notifies the
Contractor of such deficiencies in writing Payment in full for the work does not constitute a waiver of
guarantee.
4. CLEAN-UP. All unusable materials and debris shall be removed from the site at the end of each
workday and disposed of in an appropriate manner. Upon final completion, the Contractor(s) shall
thoroughly clean up all areas, as mutually agreed with the City, where work was performed.
5. PERMIT COSTS. The City will only reimburse the Contractor(s) for the cost of the permits. Proof of
cost is required. The City will only reimburse for initial review and one resubmission. Costs associated
with additional re-submissions will not be reimbursed. Contractor(s) shall not include permit fees on
Cost Proposal. Permit costs will be charged to the City separately from the unit cost. All licenses
required by municipality, governmental agency, or political subdivision shall be obtained by and paid for
by the Contractor(s). Damages, penalties and/or fines imposed on the City or the Contractor(s) for
failure to obtain required licenses or permits shall be borne by the Contractor(s).
6. BACKGROUND CHECKS/CONTRACTOR'S PERSONNEL. The Contractor(s) shall conduct a full
criminal background check at its own expense on each of its employees engaged in providing services
under this ITB or any resulting Agreement prior to the commencement of said services. No Contractor
employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement if he or she:
(1) has been convicted of or was placed in a pre-trial diversion program for any crime involving
dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury;
possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification
of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not
limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats;
kidnapping; assault; battery; and illegal weapon possession, sale or use. The Contractor(s) shall
defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any
and all liability, loss, expense (including reasonable attorney’s fees) or claims for injury or damages
arising out of its failure to comply with this requirement.
Contractor(s) shall employ personnel competent to perform the work specified herein. The City
reserves the right to request the removal of the Contractor’s employee’s from performing maintenance
on the City's grounds where the employee’s performance or actions are obviously detrimental to the
program. Contractor’s personnel must wear photo identification at all times.
7. LIVING WAGE. The living wage requirement, pursuant to Section 2-408 of the City of Miami Beach
Code, is only applicable to routine maintenance services.
8. SAFETY MEASURES. Awarded contractor(s) shall take all precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection of
workers and the public. Awarded vendor(s) shall post warning signs against all hazards created by the
operation and work in progress. Proper precautions shall be taken pursuant to state law and standards
practices, to protect workers, general public and existing structures from injury or damage.
9. ENVIRONMENTAL PROTECTION MEASURES. Awarded Contractor(s) must ensure that any
vessels which are to be removed and disposed of at a landfill shall be removed from its present site in
such a manner as to not impact or damage the natural environment ("surrounding the vessel" will limit
to just that area). All debris from the vessel shall be removed and the site left in a reasonable clean
condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The
following items must be accomplished:
a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enter the water
(steam cleaning is preferred).
b) All watertight doors/hatches/bottom tank covers, etc. must be removed or welded open.
c) Any items that may float free when the vessel sinks must be removed from the vessel.
d) All deck areas, bilge areas, engine spaces and cargo spaces should be br oom swept.
e) Sufficient ballast to maintain location of vessel on ocean bottom must be placed in the vessel shall
consist of clean concrete.
The city also encourages contractors to legally reuse and/or recycle the derelict vessels when feasible.
10. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL.
a) The contractor must submit prior to receiving any payment: a re ceipt for each vessel, including the
date of disposal, disposal site, DV number, telephone number and title, and signature of person at
disposal site.
b) In addition to the above information, the contractor must submit a picture of the vessel
demonstrating its removal and showing its DV numbers.
c) The contractor shall notify and coordinate all work with the City’s Marine Patrol project designee.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
APPENDIX C
________________________________________________________________________
2CFR Appendix II to Part
200
_______________________________________________________________________
ITB 2020-006-JC
Derelict Vessels Removal and
Disposal
PROCUREMENT DEPARTMENT
1755 MERIDIAN AVE, 3RD FLOOR
MIAMI BEACH, FLORIDA 33139
APPENDIX II TO PART 200
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for conve nience
by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assis ted construction contract” in 41 CFR Part 60-1.3
must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Lab or.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The no n-Federal
entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department
of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply t o the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part
401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR p art 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) Procurement Of Recovered Materials. A non-Federal entity that is a state agency or agency of a
political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Co nservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price
of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
APPENDIX D
________________________________________________________________________
FEMA Recovery Policy
_______________________________________________________________________
ITB 2020-006-JC
Derelict Vessels Removal and
Disposal
PROCUREMENT DEPARTMENT
1755 MERIDIAN AVE, 3RD FLOOR
MIAMI BEACH, FLORIDA 33139
~.; FEMA
«.",c, RECOVERY POLICY
I. TITLE:
II. DATE:
Debris Removal from Waterways
MAR J9 2010
III. PURPOS E:
RP9S23.S
This policy provides guidance for determining the eligibiljty of debris removal from navigable
waterways, the coastal and inland zones, and wetlands under the Public Assistance Program.
IV. SCOPE AND AUDIENCE:
The policy is applicable to all major disasters and emergen cies declared on or after the date of
publication of this policy. It is intended for personnel involved in the administration of the
Public Assistance P r ogram .
V. AUTHORITY:
Sections 403, 407, and 502 of the Robert T. Stafford Disaster Relief and Em ergency Assistance
Act, (Stafford Act), as amended, 42 U.s.c. 5170b, 5173, and 5192.
VI. BAC K GROUND:
The U.S. Army Corps of Engineers (U5ACE) has primary responsibility for the removal of
debris from Federally maintained navigable channels and waterways. Section 202 of the Water
Resources Development Act of 1976 (PL 94-587) authorizes USACE to remove debris from
Federally maintained commercial harbors, and water areas immediately adjacent thereto.
Sections 15, 19, and 20 of the River and Harbor Act of 1899, as amended, authorize USACE to
remove sunken vessels or other obstructions from navigable waterways under emergency
conditions. A navigable waterway is one that has been authorized by Congress, and which
USACE operates and maintains for general (including commercial and recreational) navigation.
USACE's poUcy is to oversee removal of sunken vessels by an identifiable owner, operator or
lessee if the sunken vessel is in or likely to be moved into a Federal navigation channel. USACE
will remove a vessel using its emergency authorities only if the owner, operator, or lessee
cannot be identified or they caMot effect removal in a timely and safe manner.
Title 33 Code of Federal Regulations (CFR) Part 153, Control of Pollution by Oil and
Hazardous Substances, Discharge Removal authorizes the United States Coast Guard (USCG)
to remove sunken vessels in order to prevent marine pollution. In 1985, USACE and the USCG
signed a Memorandum of Agreement to enhance coordination between the two agencies for the
~I: ~.; FEMA
RECOVERY POLICY
RP9523.5
removal of s unken vessels and other obstructions to navigation from navigable waters of the
United States. Under this agreement, USACE and the USCG work together to determine if a
sunken vessel either poses a threat to navigation or a pollution threat to public health and
safety. If the agencies determine that the vesse l poses a threat to navigation, USACE will
remove the vessel using the emergency authorities proscribed in Section 20 of the River and
Harbor Act of 1899. If the sunken vessel poses a pollution threat, under 33 CFR Part 153
Control of Pollution by Oil and Hazardous Substances, Discharge Removal, and the
Abandoned Barge Act of 1992, the USCG's authority to remove the vessel is subject to a
determination that its removal is essential to abate a pollution threat from the vessel. In most
cases, USCG authorized actions are limited to removing oil and other hazardous substan ces
from the vessel while leaving the vessel in place.
Under the National Contingency Plan, the USCG is also responSible for the removal of oil
discharges and hazardous substance releases that occur in the coastal zone. The Environmental
Protection Agency (EPA) is responSible for the emergency removal of oil, pollutants, hazardous
materials and their containers from inland zones. The precise boundaries of coastal and inland
zones are determined by an interagency agreement between the EPA and the USCG.
Section 216 of the Flood Control Act of 1950, PL 81-516,33 USc. 701b-l; and Sections 403-405
of the Agricu ltural C re dit Act of 1978, PL 95-334, as amended by Section 382 of the Federal
Agriculture Improvement and Reform Act of 1996, PL 104-127, 16 USc. 2203, authorize the
National Resources Conservation Service (NRCS) to provide assistance, through its Emergency
Watershed Protection (EWP) program, to implement emergency measures to EWP-eligible
facilities where a sudden impairment of a watershed threatens life or property as determined by
the NRCS State Conservationist. These emer gency measur es include, but are not limited to,
providing financial and technical assistance to remove debris from streams. The measures that
are taken must be environmentally and economically sound. Additional EWP criteria are in 7
CFR Part 624.
Sections 403, 407, and 502 of the Stafford Act and 44 CFR § 206.224 Debris removal, authorize
FEMA to provide funding to eligible applicants to remove debris, wreckage, and sunken vessels
from publicly and privately owned waters to elimina te an immediate threat to lives, public
health and safety, or improved property; or to ensure the economic recovery of the affected
community. The debris, wreckage, and sunken vessels must be the direct result of a
Presidentially declared emergency or major d isaster and located in the deSignated area, and the
applicant must ~ave the legal responsibility to remove the threat (see 44 CFR § 206.223 General
work eligibility). FEMA may fund the removal and disposal of eligib le debris, wreckage, and
sunken vessels from non-Federally maintained navigable waterways, the coasta l or inland
zones, or wetlands only when another Federal agency does not have the specific authority to
Pae20f8
~.; FEMA
"",,,C' RECOVERY POLICY
RP9523.5
fund the activity (see 44 CFR § 206.208(c)(2». FEMA will make eligibility determinations on a
case-by-case basis in coordination with the State and other Federal agencies, as necessary.
Pursuant to 44 CFR § 206.208 Direct Federal assistance, FEMA may provide direct Federal
assistance through a mission assignment to another Federal agency to remove eligible debris
when the State and local government certify that they lack the capability to perform or contract
for the requested work. The duration of mission aSSignments for debris removal is limited to 60
days from the emergency or major disaster declaration date. Extensions to this time limitation
may be made based on extenuating circumstances or unusual project requirements (see 44 CFR
§206.208(d».
VII. POLICY:
A. Definitions:
1. Coastal Zone: As defined for the purpose of the National Contingency Plan (NCP),
refers to all United States waters subject to the tide, United States waters of the Grel,lt Lakes,
specified ports and harbors on inland rivers, waters of the contiguous zone, other waters of the
high seas subject to the NCP; and the land surface or land substrata, ground waters, and ambient
air proximal to those waters. The tenn coastal zone delineates an area o f federal responsibility
for response action. Precise boundaries are determined by EP AlUSCG agreements and identified
in Federal regional contingency plans.
2. Federally Maintained Navigable Channels and Waterways: For the purpose of this
policy, refer to those waters that are maintained under the authorities and responsibilities of the
USACE. These channels include USACE authorized projects (e.g., specified harbors, canals,
turning basins, anchor age and mooring areas, and waterways) that are designed, constructed,
and maintained by the USACE for use by commercial and/or recreational navigation traffic.
3. Inland Zone: The environment inland of the coastal zone excluding the Great Lakes
and specified ports and harbors on inland rivers. The term inland zone delineates an area of
federal responsibility for response action. Precise boundaries are detennined by EP AlUSCG
agreements and identified in federal regional contingency plans.
4. Non-Federally Maintained Navigable Waterways: Public waterways that are
currently used for commercial and recreational navigation traffic and are not Federally
maintained or under the authority of a Federal agency.
Page 3 of8
~.FEMA
"",,,0 RECOVERY POLICY
RP9523.5
5. Specified Ports and Harbors: Those ports and harbor areas on inland rivers, and
land areas immediately adjacent to those waters, where the USCG acts as predesignated on-
scene coordinator. Precise locations are determined by EPA/USCG regional agreements and
identified in federal Regional Contingency Plans and Area Contingency Plans.
6. Wetlands: Areas that are inundated or saturated by surface or ground water with a
frequency sufficient to support, or that under normal hydrologic conditions does or would
support, a prevalence of vegetation or aquatic life typically adapted for life in saturated or
seasonally saturated soil conditions (e.g., swamps, fresh and saltwater marshes, bogs, fens).
B. Approval for FEMA Assistance
FEMA may fund the removal and disposal of eligible disaster-generated debris, wreckage, and
sunken vessels from the coastal zone or inland zone, non-Federally maintained navigable
waterways, and wetlands by an eligible applicant, if (1) the debris, wreckage, or sunken vessel
is the direct result of a Presidentially-declared disaster (44 CFR § 206.223(a)), (2) the removal is
in the public interest (44 CFR § 206.224(a», and (3) aryother Federal agency does not have
specific authority to perform or fund the work (44 CFR § 206.208(c)(2)).
[n order to be e li g ib le for assistance, an eligib le applicant must provide docu mentation of this
work, to include: a public interest determination; legal responsibility; debris types and
quantities to be removed; and debris removal locations.
1. Public lnterest Determination
Pursuant to 44 CFR § 206 .224 Debris removal, debris removal is in the "public interest," when
its removal is necessary to (1) eliminate immediate threats to life, public health, and safety; or
(2) eliminate immediate threats of significant damage to improved property; o r (3) ensure
economic recovery of the affected community to the benefit of the community-at-large.
Applicants should provide FEMA documentation to support one of the following:
a. Immediate Threat to Life, Public Health, and Safety Determination. The basis of
a determination by the State, county or municipal government's public health authority or other
public entity that has legal authority to m ake such a determination that disaster-generated
debris in a navigable waterway in the designated area constitutes an immediate threat to life,
public health, and safety; or
~ (~. FEMA
:@ .$V RECOVERY POLICY
RP9S23.S
b. Immediate Threat of Significant Damage to Improved Property Determination.
The basis of the determination by the State, county, o r municipal government that the removal
of disaster-generated debris from a navigable waterway is cost effective. Debris removal is cost
effective if the cost to remove the debris is less than the cost of potential damage to the
improved property; or
C. Ensure Economic Recovery of the Affected Community to the Benefit of the
Community at Large Determination. The basis of the determination by the State, county, or
municipal government that the removal of debris fr om a navigable waterway is necessary to
ensure economic recovery of the affected community to the benefit of the community-at-large.
2. Lega l Responsibility
Pu rsuant to 44 CFR §206.223(a)(3), General work eligibility, an eligible applicant must
demonstrate that it had the legal responsibility at the time of disaster to remove debris and
obstructions from the impacted waterway. An appl icant's legal authorities, codes, and
ordinances should be germane to the condition(s) presenting an immediate threat to life, public
health, and safety, and not merely define the applicant's uniform level of services. The
applicant's legal responsibility to take action where there is an immediate threat to life, public
health, and safety should be independent of any expectation, or request, that FEMA will
reimbu rse costs incurred for debris removal.
C. Eligible
1. FEMA wiU determine the amount of eligib le debris to be removed that is necessary
to eliminate an immediate threat to life, public health, and safety from non-Federally
maintained navigable waterways, the coastal zone or inland zone, and wetlands on a case-by-
case basis. FEMA will conduct eligibility assessments with the assistance of representatives
from the applicant, State, and other Federal agencies, as necessary. Appli cants should provide
maintenance records or surveys to demonstrate the pre-disaster cond iti on and capacity of the
waterway and its facilities, as appropriate.
2 . FEMA will reimburse reasonable costs for the use of side scan sonar that identifies
eligible submerged debris and sunken vessels after the applicant provides an eligible initial
scope of work and cost estimate, and FEMA bas determined that the removal of the debris is in
the public interest, as described in Section VII.S.I. Side scan sonar missions shou ld be limited
in scope to address the impacted areas of non-Federally maintained navigable waterways and
developed in coordination with FEMA and the State. Applicants should provide
documentation that demonstrates the need for the use of side scan sonar to identify immediate
RP9523.5
FEMA
RECOVERY POLICY
threats. This documentation should be directly related to the impacted area(s) and debris
estimates and locations.
3. FEMA may determine that debris located at or below the surface of a non-Federally
maintained navigable watenvay, or in the coastal or inland zone, is eligible to a depth equal to
the maximum draft of the largest vessel that utilized the waterway prior to the storm plus two
feet. Example: If the maximum draft of the largest vessel using the waterway is four feet, two
feet will be added so that any debris below this six feet zone is not eligible.
a. FEMA may determine that debris extending from the waterway bottom upward
into the eligible zone is also eligible for complete removal
b. Applicants should document the maximum draft of waterways for tidal waters
by using depths taken at low tide.
4 . The removal of trees still rooted to an embankment may be eligible if:
a . The tree is partially or wholly floating or submerged in the waterway; and
b. The tree presents an immediate threat to life, public health, and safety; and
c. Another Federal agency does not have specific authority to fund or perform the
work.
In such cases, FEMA may determine that the cost to cut the floating or submerged portion of the
tree at the water's edge is eligible.
5. FEMA may determine that debris along the bank of a non-Federally maintained
navigable waterway, in the coastal zone or inland zone, or along the bank of a wetland is
eligible if it presents an immediate threat to life, public health, and safety, or to improved
property.
6. Debris removal from privately-owned canals, waterways and banks is only eligible
when necessary to eliminate an immediate threat to navigation that impedes the access of
emergency service providers or if approved by the Federal Coordinating Officer Wlder the
guidelines established in Disaster Assistance Policy 9523.13, Debris Removalfrom Private Property.
7. Eligible debris re moval from a stream is limited to the minimum effort required to
eliminate an immediate threat to life, public health, and safety, or debris that is immediately
up/down stream of and in dose proximity to improved property.
~.; FEMA
RECOVERY POLICY
RP95B.5
8. FEMA may fund the removal and disposal of container s of pollutants and hazardous
substances from the coastal zone or inland zone, non-FederaUy maintained navigable
waterways, and wetlands by an eligible applicant, if the removal is in the public interest, and
another Federal agency does not have specific authority to perform the work.
9. FEMA may determine that a storm-damaged vessel can be treated as eligible debris
if the vessel cannot be salvaged or returned to seaworthiness and it is floating or submerged in
the coastal or inJand zones, a non-Federally maintained navigable waterway, or wetland.
However, if any part of the damaged vessel can be used to identify an owner, the applicant
should contact the owner and follow its local ordinances and State laws to demonstrate legal
responsibility to remove and d ispose of the vessel.
D . Ineligible
1. The removal of debris by an applicant for which another Federal agency has specific
authority, or from Federally maintained navigable channels and waterways is ineligible under
the Public Assistance Program.
2. The removal of wreckage and sunken vessels from Federally maintained naVigable
channels and waterways is ineligible.
3. The removal of debris from privately owned canals, waterways and banks is
generally ineligible, except in cases described in Section VII.C.6.
E. Duplication of Benefits. Pursuant to Section 312 of the Stafford Act, FEMA is
prohibited from providing funds for wor k that is covered by another source of funding.
Therefore, applicants should take s teps to verify whether insurance coverage or any other
source of funding exists for the debris removal work.
F. Environmental Protection and Historic Preservation Review Requirements. Eligible
waterway debris removal and disposal activities must satisfy environmental protection and
historic preservation compliance review requirements as established by 44 CFR Parts 9,
Floodplain Management and Protection of Wetlands, and 10, Environmental Considerations,
and all other applicable local, State and Federal lega l requirements.
Pa e70f8
:~~ FEMA • <.i."," RECOVERY POLICY
RP9523.5
V I II. RESPONSIBLE OFFICE: Recovery Directorate (Public Assistance Division).
IX. SUPER SESS I ON: This policy super sedes all p revious g uj dance on this subject.
X. REVIEW DATE: This policy does not automatically expire, but will be reviewed three
years from the date of publication.
~.; FEMA
«.",c, RECOVERY POLICY
I. TITLE:
II. DATE:
Debris Removal from Waterways
MAR J9 2010
III. PURPOS E:
RP9S23.S
This policy provides guidance for determining the eligibiljty of debris removal from navigable
waterways, the coastal and inland zones, and wetlands under the Public Assistance Program.
IV. SCOPE AND AUDIENCE:
The policy is applicable to all major disasters and emergen cies declared on or after the date of
publication of this policy. It is intended for personnel involved in the administration of the
Public Assistance P r ogram .
V. AUTHORITY:
Sections 403, 407, and 502 of the Robert T. Stafford Disaster Relief and Em ergency Assistance
Act, (Stafford Act), as amended, 42 U.s.c. 5170b, 5173, and 5192.
VI. BAC K GROUND:
The U.S. Army Corps of Engineers (U5ACE) has primary responsibility for the removal of
debris from Federally maintained navigable channels and waterways. Section 202 of the Water
Resources Development Act of 1976 (PL 94-587) authorizes USACE to remove debris from
Federally maintained commercial harbors, and water areas immediately adjacent thereto.
Sections 15, 19, and 20 of the River and Harbor Act of 1899, as amended, authorize USACE to
remove sunken vessels or other obstructions from navigable waterways under emergency
conditions. A navigable waterway is one that has been authorized by Congress, and which
USACE operates and maintains for general (including commercial and recreational) navigation.
USACE's poUcy is to oversee removal of sunken vessels by an identifiable owner, operator or
lessee if the sunken vessel is in or likely to be moved into a Federal navigation channel. USACE
will remove a vessel using its emergency authorities only if the owner, operator, or lessee
cannot be identified or they caMot effect removal in a timely and safe manner.
Title 33 Code of Federal Regulations (CFR) Part 153, Control of Pollution by Oil and
Hazardous Substances, Discharge Removal authorizes the United States Coast Guard (USCG)
to remove sunken vessels in order to prevent marine pollution. In 1985, USACE and the USCG
signed a Memorandum of Agreement to enhance coordination between the two agencies for the
~I: ~.; FEMA
RECOVERY POLICY
RP9523.5
removal of s unken vessels and other obstructions to navigation from navigable waters of the
United States. Under this agreement, USACE and the USCG work together to determine if a
sunken vessel either poses a threat to navigation or a pollution threat to public health and
safety. If the agencies determine that the vesse l poses a threat to navigation, USACE will
remove the vessel using the emergency authorities proscribed in Section 20 of the River and
Harbor Act of 1899. If the sunken vessel poses a pollution threat, under 33 CFR Part 153
Control of Pollution by Oil and Hazardous Substances, Discharge Removal, and the
Abandoned Barge Act of 1992, the USCG's authority to remove the vessel is subject to a
determination that its removal is essential to abate a pollution threat from the vessel. In most
cases, USCG authorized actions are limited to removing oil and other hazardous substan ces
from the vessel while leaving the vessel in place.
Under the National Contingency Plan, the USCG is also responSible for the removal of oil
discharges and hazardous substance releases that occur in the coastal zone. The Environmental
Protection Agency (EPA) is responSible for the emergency removal of oil, pollutants, hazardous
materials and their containers from inland zones. The precise boundaries of coastal and inland
zones are determined by an interagency agreement between the EPA and the USCG.
Section 216 of the Flood Control Act of 1950, PL 81-516,33 USc. 701b-l; and Sections 403-405
of the Agricu ltural C re dit Act of 1978, PL 95-334, as amended by Section 382 of the Federal
Agriculture Improvement and Reform Act of 1996, PL 104-127, 16 USc. 2203, authorize the
National Resources Conservation Service (NRCS) to provide assistance, through its Emergency
Watershed Protection (EWP) program, to implement emergency measures to EWP-eligible
facilities where a sudden impairment of a watershed threatens life or property as determined by
the NRCS State Conservationist. These emer gency measur es include, but are not limited to,
providing financial and technical assistance to remove debris from streams. The measures that
are taken must be environmentally and economically sound. Additional EWP criteria are in 7
CFR Part 624.
Sections 403, 407, and 502 of the Stafford Act and 44 CFR § 206.224 Debris removal, authorize
FEMA to provide funding to eligible applicants to remove debris, wreckage, and sunken vessels
from publicly and privately owned waters to elimina te an immediate threat to lives, public
health and safety, or improved property; or to ensure the economic recovery of the affected
community. The debris, wreckage, and sunken vessels must be the direct result of a
Presidentially declared emergency or major d isaster and located in the deSignated area, and the
applicant must ~ave the legal responsibility to remove the threat (see 44 CFR § 206.223 General
work eligibility). FEMA may fund the removal and disposal of eligib le debris, wreckage, and
sunken vessels from non-Federally maintained navigable waterways, the coasta l or inland
zones, or wetlands only when another Federal agency does not have the specific authority to
Pae20f8
~.; FEMA
"",,,C' RECOVERY POLICY
RP9523.5
fund the activity (see 44 CFR § 206.208(c)(2». FEMA will make eligibility determinations on a
case-by-case basis in coordination with the State and other Federal agencies, as necessary.
Pursuant to 44 CFR § 206.208 Direct Federal assistance, FEMA may provide direct Federal
assistance through a mission assignment to another Federal agency to remove eligible debris
when the State and local government certify that they lack the capability to perform or contract
for the requested work. The duration of mission aSSignments for debris removal is limited to 60
days from the emergency or major disaster declaration date. Extensions to this time limitation
may be made based on extenuating circumstances or unusual project requirements (see 44 CFR
§206.208(d».
VII. POLICY:
A. Definitions:
1. Coastal Zone: As defined for the purpose of the National Contingency Plan (NCP),
refers to all United States waters subject to the tide, United States waters of the Grel,lt Lakes,
specified ports and harbors on inland rivers, waters of the contiguous zone, other waters of the
high seas subject to the NCP; and the land surface or land substrata, ground waters, and ambient
air proximal to those waters. The tenn coastal zone delineates an area o f federal responsibility
for response action. Precise boundaries are determined by EP AlUSCG agreements and identified
in Federal regional contingency plans.
2. Federally Maintained Navigable Channels and Waterways: For the purpose of this
policy, refer to those waters that are maintained under the authorities and responsibilities of the
USACE. These channels include USACE authorized projects (e.g., specified harbors, canals,
turning basins, anchor age and mooring areas, and waterways) that are designed, constructed,
and maintained by the USACE for use by commercial and/or recreational navigation traffic.
3. Inland Zone: The environment inland of the coastal zone excluding the Great Lakes
and specified ports and harbors on inland rivers. The term inland zone delineates an area of
federal responsibility for response action. Precise boundaries are detennined by EP AlUSCG
agreements and identified in federal regional contingency plans.
4. Non-Federally Maintained Navigable Waterways: Public waterways that are
currently used for commercial and recreational navigation traffic and are not Federally
maintained or under the authority of a Federal agency.
Page 3 of8
~.FEMA
"",,,0 RECOVERY POLICY
RP9523.5
5. Specified Ports and Harbors: Those ports and harbor areas on inland rivers, and
land areas immediately adjacent to those waters, where the USCG acts as predesignated on-
scene coordinator. Precise locations are determined by EPA/USCG regional agreements and
identified in federal Regional Contingency Plans and Area Contingency Plans.
6. Wetlands: Areas that are inundated or saturated by surface or ground water with a
frequency sufficient to support, or that under normal hydrologic conditions does or would
support, a prevalence of vegetation or aquatic life typically adapted for life in saturated or
seasonally saturated soil conditions (e.g., swamps, fresh and saltwater marshes, bogs, fens).
B. Approval for FEMA Assistance
FEMA may fund the removal and disposal of eligible disaster-generated debris, wreckage, and
sunken vessels from the coastal zone or inland zone, non-Federally maintained navigable
waterways, and wetlands by an eligible applicant, if (1) the debris, wreckage, or sunken vessel
is the direct result of a Presidentially-declared disaster (44 CFR § 206.223(a)), (2) the removal is
in the public interest (44 CFR § 206.224(a», and (3) aryother Federal agency does not have
specific authority to perform or fund the work (44 CFR § 206.208(c)(2)).
[n order to be e li g ib le for assistance, an eligib le applicant must provide docu mentation of this
work, to include: a public interest determination; legal responsibility; debris types and
quantities to be removed; and debris removal locations.
1. Public lnterest Determination
Pursuant to 44 CFR § 206 .224 Debris removal, debris removal is in the "public interest," when
its removal is necessary to (1) eliminate immediate threats to life, public health, and safety; or
(2) eliminate immediate threats of significant damage to improved property; o r (3) ensure
economic recovery of the affected community to the benefit of the community-at-large.
Applicants should provide FEMA documentation to support one of the following:
a. Immediate Threat to Life, Public Health, and Safety Determination. The basis of
a determination by the State, county or municipal government's public health authority or other
public entity that has legal authority to m ake such a determination that disaster-generated
debris in a navigable waterway in the designated area constitutes an immediate threat to life,
public health, and safety; or
~ (~. FEMA
:@ .$V RECOVERY POLICY
RP9S23.S
b. Immediate Threat of Significant Damage to Improved Property Determination.
The basis of the determination by the State, county, o r municipal government that the removal
of disaster-generated debris from a navigable waterway is cost effective. Debris removal is cost
effective if the cost to remove the debris is less than the cost of potential damage to the
improved property; or
C. Ensure Economic Recovery of the Affected Community to the Benefit of the
Community at Large Determination. The basis of the determination by the State, county, or
municipal government that the removal of debris fr om a navigable waterway is necessary to
ensure economic recovery of the affected community to the benefit of the community-at-large.
2. Lega l Responsibility
Pu rsuant to 44 CFR §206.223(a)(3), General work eligibility, an eligible applicant must
demonstrate that it had the legal responsibility at the time of disaster to remove debris and
obstructions from the impacted waterway. An appl icant's legal authorities, codes, and
ordinances should be germane to the condition(s) presenting an immediate threat to life, public
health, and safety, and not merely define the applicant's uniform level of services. The
applicant's legal responsibility to take action where there is an immediate threat to life, public
health, and safety should be independent of any expectation, or request, that FEMA will
reimbu rse costs incurred for debris removal.
C. Eligible
1. FEMA wiU determine the amount of eligib le debris to be removed that is necessary
to eliminate an immediate threat to life, public health, and safety from non-Federally
maintained navigable waterways, the coastal zone or inland zone, and wetlands on a case-by-
case basis. FEMA will conduct eligibility assessments with the assistance of representatives
from the applicant, State, and other Federal agencies, as necessary. Appli cants should provide
maintenance records or surveys to demonstrate the pre-disaster cond iti on and capacity of the
waterway and its facilities, as appropriate.
2 . FEMA will reimburse reasonable costs for the use of side scan sonar that identifies
eligible submerged debris and sunken vessels after the applicant provides an eligible initial
scope of work and cost estimate, and FEMA bas determined that the removal of the debris is in
the public interest, as described in Section VII.S.I. Side scan sonar missions shou ld be limited
in scope to address the impacted areas of non-Federally maintained navigable waterways and
developed in coordination with FEMA and the State. Applicants should provide
documentation that demonstrates the need for the use of side scan sonar to identify immediate
RP9523.5
FEMA
RECOVERY POLICY
threats. This documentation should be directly related to the impacted area(s) and debris
estimates and locations.
3. FEMA may determine that debris located at or below the surface of a non-Federally
maintained navigable watenvay, or in the coastal or inland zone, is eligible to a depth equal to
the maximum draft of the largest vessel that utilized the waterway prior to the storm plus two
feet. Example: If the maximum draft of the largest vessel using the waterway is four feet, two
feet will be added so that any debris below this six feet zone is not eligible.
a. FEMA may determine that debris extending from the waterway bottom upward
into the eligible zone is also eligible for complete removal
b. Applicants should document the maximum draft of waterways for tidal waters
by using depths taken at low tide.
4 . The removal of trees still rooted to an embankment may be eligible if:
a . The tree is partially or wholly floating or submerged in the waterway; and
b. The tree presents an immediate threat to life, public health, and safety; and
c. Another Federal agency does not have specific authority to fund or perform the
work.
In such cases, FEMA may determine that the cost to cut the floating or submerged portion of the
tree at the water's edge is eligible.
5. FEMA may determine that debris along the bank of a non-Federally maintained
navigable waterway, in the coastal zone or inland zone, or along the bank of a wetland is
eligible if it presents an immediate threat to life, public health, and safety, or to improved
property.
6. Debris removal from privately-owned canals, waterways and banks is only eligible
when necessary to eliminate an immediate threat to navigation that impedes the access of
emergency service providers or if approved by the Federal Coordinating Officer Wlder the
guidelines established in Disaster Assistance Policy 9523.13, Debris Removalfrom Private Property.
7. Eligible debris re moval from a stream is limited to the minimum effort required to
eliminate an immediate threat to life, public health, and safety, or debris that is immediately
up/down stream of and in dose proximity to improved property.
~.; FEMA
RECOVERY POLICY
RP95B.5
8. FEMA may fund the removal and disposal of container s of pollutants and hazardous
substances from the coastal zone or inland zone, non-FederaUy maintained navigable
waterways, and wetlands by an eligible applicant, if the removal is in the public interest, and
another Federal agency does not have specific authority to perform the work.
9. FEMA may determine that a storm-damaged vessel can be treated as eligible debris
if the vessel cannot be salvaged or returned to seaworthiness and it is floating or submerged in
the coastal or inJand zones, a non-Federally maintained navigable waterway, or wetland.
However, if any part of the damaged vessel can be used to identify an owner, the applicant
should contact the owner and follow its local ordinances and State laws to demonstrate legal
responsibility to remove and d ispose of the vessel.
D . Ineligible
1. The removal of debris by an applicant for which another Federal agency has specific
authority, or from Federally maintained navigable channels and waterways is ineligible under
the Public Assistance Program.
2. The removal of wreckage and sunken vessels from Federally maintained naVigable
channels and waterways is ineligible.
3. The removal of debris from privately owned canals, waterways and banks is
generally ineligible, except in cases described in Section VII.C.6.
E. Duplication of Benefits. Pursuant to Section 312 of the Stafford Act, FEMA is
prohibited from providing funds for wor k that is covered by another source of funding.
Therefore, applicants should take s teps to verify whether insurance coverage or any other
source of funding exists for the debris removal work.
F. Environmental Protection and Historic Preservation Review Requirements. Eligible
waterway debris removal and disposal activities must satisfy environmental protection and
historic preservation compliance review requirements as established by 44 CFR Parts 9,
Floodplain Management and Protection of Wetlands, and 10, Environmental Considerations,
and all other applicable local, State and Federal lega l requirements.
Pa e70f8
:~~ FEMA • <.i."," RECOVERY POLICY
RP9523.5
V I II. RESPONSIBLE OFFICE: Recovery Directorate (Public Assistance Division).
IX. SUPER SESS I ON: This policy super sedes all p revious g uj dance on this subject.
X. REVIEW DATE: This policy does not automatically expire, but will be reviewed three
years from the date of publication.
ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO ITB
Detail by Entity Name
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Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
State
Status
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Detail by Entity Name
Florida Profit Corporation
BLUE WATER MARINE SERVICES, INC.
Filing Information
P94000084675
65-0535505
11/21/1994
FL
ACTIVE
Principal Address
23950 SW 129 Avenue
Miami, FL 33032
Changed: 05/24/2016
Mailing Address
23950 SW 129 Avenue
Miami, FL 33032
Changed: 05/24/2016
Registered Agent Name & Address
Otero, Yoslaine
23950 SW 129 Ave
Homestead, FL 33032
Name Changed: 01/23/2020
Address Changed: 01/23/2020
DIVISION OF CORPORATIONSFlorida Department of State
Detail by Entity Name
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Officer/Director Detail
Name & Address
Title President
OTERO, YOSLAINE
23950 SW 129 AVENUE
MIAMI, FL 33032
Title Secretary
Benitez, Roberto
23950 SW 129 Avenue
Miami, FL 33032
Title VP
Benitez, Roberto
23950 SW 129 Avenue
Miami, FL 33032
Annual Reports
Report Year Filed Date
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2019 03/01/2019
2020 01/23/2020
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