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20-006-14 RAM Marine Services, Inc 1-7-2022CONTRACT NO. 20-006-14 City of Miami Beach,1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, Fax: 786-394-4235 SENT VIA E-MAIL TO:dave@rammarine.com January 6, 2022 RAM Marine Services, Inc. Dave Lowell 346 Center Court Venice, Florida 34285 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. Lowell: RAM Marine Services, Inc. (the “Contractor”) submitted to the City of Miami Beach, Florida (the “City”) a request to be prequalified for future projects in response to the above-referenced ITB. This letter shall serve as official notice that on December 1, 2021, the City Manager approved the Contractor to be prequalified for the removal and disposal services of derelict or abandoned vessels. The ITB stipulates and this letter shall confirm that the City Manager shall constitute a binding contract between the City and the Contractor. 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. Sincerely, Alex Denis Director Procurement Department AD/ME/AG ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO PROCUREMENT DEPARTMENT REQUEST FOR CITY MANAGER APPROVAL 2022-118-DF Requested Action Piggyback Approval Award of ITQ Contract Execution Request for Contract Term Renewal Change Order Approval XXX Other: Approval Request approval from the City Manager to add, pursuant to the authority established in Resolution 2020 -31258, derelict vessels removal and disposal contractors to the existing pool for derelict vessels removal and disposal contractors. Why is requested action necessary? Invitation to Bid (ITB) 2020-006-JC marine salvage contractors. On May 13, 2020, the Mayor and City Commission adopted Resolution No. 2029-31258 , pursuant to Invitation to Bid (ITB) No. 2020-006-JC, authorizing the Administration to keep the ITB active for the purpose of receiving additional prequalification applications from contractors, and further, authorizes the City Manager to add contractors deemed qualified to the pool, provided the additional contractors meet the requirements of the ITB. The Procurement Department has received an additional four (4) responsive and responsible applications pursuant to the ITB from: 1) Mainstream Commercial Divers, Inc d/b/a MER Commercial Diving Division, and 2) Kearns Construction Company, and 3) Fast Response Marine Towing & Salvage LLC, and 4) Ram Marine Services , Inc. The Procurement Department has determined that the additional four (4) contractors are qualified and meet the requirements established in the ITB. 0-31258, to add the aforementioned firms to the pool of prequalified contractors for marine salvage contractors. Previous Action(s) N/A Authority In accordance with Resolution 2020-31258, which authorizes the City Manager to keep the ITB active for the purpose of prequalifying additional contractors; and to add new (or remove for non-performance) contractors to the pool, provided such added contractors meet the requirements of the ITB. Fiscal Impact N/A Term 5/13/2020 - 5/12/2023 Attachments Attachment A; Resolution 2020-31258 Approval Dept. Head: Procurement: ACM(s): City Manager: Date: Date: Date: Date: ATTACHMENT B ITB SOLICITATION TABLE OF CONTENTS SECTIONS: APPENDICES: DEFINITIONS: means means 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 -neede 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 and 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 initiated 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 ove or reject 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 project manager is responsible for monitoring the customer service provided to City by prequalified bi 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 Ci rchase 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. n 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 Work ation) 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 t . 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 Insurance 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 documents prior to the work beginning shall not waive the 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 agent, 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 eration, 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 ualification status by City Manager or City Commission. Further, bidder agrees that, upon approval o cation 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, 3 rd Floor Miami Beach, Florida 33139 The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder n 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 waspublicly 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 pr Equal Benefits s 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 Contracto mployees 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 itional 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 condition of the company. Further, any prequalified 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: [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 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 reas laims 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 from performing maintenance on the City's grounds where the emplo to the 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 broom 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 receipt 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 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 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO ITB