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Agreement with Biscayne Towing & Salvage
?o l 2- 2�1 q AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BISCAYNE TOWING & SALVAGE FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11/12 THIS AGREEMENT made and entered into this_�day of 1.)eC . ,2014(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City)and BISCAYNE TOWING & SALVAGE, INC., a Florida corporation, whose address is 1635 North Bayshore Drive, Miami, Florida 33132 (hereinafter referred to as CONTRACTOR). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR. City Manager: The Chief Administrative Officer of the City. CONTRACTOR: For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services,work and actions by the CONTRACTOR performed pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment"D" hereto. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR QUALIFICATIONS(RFQ) No.41-11/12 for REMOVAL AND DISPOSAL OF DERELICT VESSELS, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFQ) and the Contractor's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number(305) 673-7000, Ext. 6515, and fax number(305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 GENERAL The City is entering into this Agreement for the removal and disposal of derelict vessels, as set forth in City's Request for Qualifications No. 41-11/12, together with all amendments thereto (the RFQ), and CONTRACTOR's Proposal in response thereto (The RFQ and CONTRACTOR'S Proposal are collectively referred to as the Proposal Documents). The Proposal Documents shall set forth the Services to be provided pursuant to this Agreement; which Services are attached and incorporated in further detail as Attachment "D" hereto. The Services will be provided by CONTRACTOR to suffice any and all requirements as may beset forth by the Federal Emergency Management Agency(FEMA),which provides public assistance funds for debris clearance, removal, and disposal operations. SECTION 3 COMPENSATION 3.1 FEE When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel; and the start date. The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. The CONTRACTOR shall be required to submit a written estimate for the proposed Services or portion thereof before a Work Order, in the form provided in Attachment"A"to this Agreement, is issued by the City. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted.The actual charge to the City for a specific project must be in accordance with the cost information submitted in CONTRACTOR's Proposal in response to the RFQ, and must be approved prior to commencement of any Services, or portion thereof, under a Work Order. 3.2 PAYMENT AND BILLING a. If the Services required to be performed by a Work Order are able to be clearly specified by the City, then the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all Services required by the Work Order, but in no event shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. b. If the Services required to be performed are not such that they cannot be specifically set forth and defined by the City, then the Work Order may be issued on a"Time Basis Method", and contain a "Not-to-Exceed" amount. If a "Not-to-Exceed" amount is provided, the CONTRACTOR shall perform all Services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the "Not-to Exceed" amount specified in the applicable Work Order. c. If the Services are such that they cannot be specifically set forth and defined by the City,then the Work Order may also be issued on a "Time Basis Method", and contain a Limitation of Funds amount. The CONTRACTOR shall not be authorized to exceed the amount without 2 the prior written approval of the City. Said approval, if given at all, shall indicate a new Limitation of Funds amount. d. The CONTRACTOR shall advise the City whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent(80%)of the Limitation of Funds amount. e. For Work Orders issued on a"Fixed Fee Basis,"the CONTRACTOR may invoice the amount due based on the percentage of total (Work Order) Services actually performed and completed, but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Services actually completed. f. For Work Orders issued on a "Time Basis Method" with a "Not-to-Exceed" amount, the CONTRACTOR may invoice the amount due for actual hours performed, but in no event shall the invoice amount exceed a percentage of the "Not-to-Exceed" amount equal to a percentage of the total Services actually completed. g. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a "Not-to- Exceed" amount shall be treated separately for retainage purposes. If the City determines that the Services have been substantially complete and the amount retained is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. h. For Work Orders issued on a "Time Basis Method"with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for Services actually performed and completed. i. Payments shall be made by the City to the CONTRACTOR when requested as work progresses for Services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONTRACTOR shall submit to the City,at the close of each calendar month, an itemized invoice properly dated including the following: - Description of Services rendered - Cost of Services - Name and address of the CONTRACTOR - Work Order number - RFQ No. - Notice(s)to Proceed issued by the City. - Records of vessel registration number, if applicable,and photographs of each wreckage. - Full name of individual performing the service. - Number of hours and dates worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. The original invoice shall be sent to: City of Miami Beach Public Works Sanitation Department 140 MacArthur Causeway Miami Beach, Florida 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR 3 a. The CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analyses, reports, data, plans, specifications,and/or any and all other documents and/or Services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR, shall, without additional compensation, correct or revise any errors or deficiencies in any and all documents and/or Services of whatever type or nature that are required to be furnished by the CONTRACTOR pursuant to this Agreement. b. Neither the City's review, approval or acceptance of, nor payment for, any of the Services required herein shall be construed to operate as a waiver of the City's rights under this Agreement, nor of any cause of action arising out of the performance of this Agreement,and the CONTRACTOR shall be and always remain liable to the City in accordance with this Agreement and applicable laws for any and all damages to the City caused by the CONTRACTOR'S negligent and wrongful performance of any of the Services furnished under this Agreement. c. In its performance of the Services,the CONTRACTOR shall comply with all Applicable Laws. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of three(3)years, commencing on the last date of execution of the Agreement by the parties hereto, which shall be the Effective Date on page 1 hereof. At its sole discretion,the City may renew this Agreement, upon the same terms and conditions,for up to two(2)additional one(1)year terms, upon thirty(30)days written notice to CONTRACTOR (such notice to be provided prior to the end of the initial term (or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the CONTRACTOR shall commence upon receipt of a Notice to Proceed from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis, and subject to the issuance of a Work Order to CONTRACTOR(which Work Order shall be issued, if at all, at the sole discretion and judgment of the City). 4.5 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of the CONTRACTOR, its employees, agents, sub-contractors, or any other person or entity acting under CONTRACTOR's control, including without limitations any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the CONTRACTOR's performance of the Services pursuant to this Agreement; and to that extent,the CONTRACTOR shall pay all such claims and losses and shall pay all such costs and judgments which may issue 4 from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent(1%)of the total compensation to the CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the City to the CONTRACTOR for the CONTRACTOR's Indemnity Agreement. This indemnity shall survive termination of this Agreement. The CONTRACTOR's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents,from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,agreements,or stipulations material to this Agreement,the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its violation of the particular terms of this Agreement and shall grant CONTRACTOR ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to CONTRACTOR, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above,the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the CONTRACTOR. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions,.including reasonable attorneys'fees. To the extent allowed by law,the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1,THE CITY MAY ALSO,FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF.SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS,AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR QUALIFICATIONS NO.41-11/12,TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE,ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED,AS DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 5 4.6.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement,the City shall impose such sanctions as the City, Miami-Dade County,and/or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and CONTRACTOR. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 4.8 AUDIT CONTRACTOR shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work/services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the CONTRACTOR's records and accounts. The City's audit rights shall include, without limitation: ascertaining CONTRACTOR's compliance with the Miami Beach Derelict Vessels Program requirements (pursuant to Subsection 2.2 herein and the Proposal Documents), compliance with FEMA's billing and invoicing requirements, and compliance with the City's Living Wage Ordinance. Without limitation, CONTRACTOR shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request, such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS CONTRACTOR shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance (also referenced in Attachment "B" hereto) which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Workers'Compensation and Employer's Liability per the statutory limits of the State of Florida. 6 2. Comprehensive General Liability(occurrence form), limits of liability$1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity(Hold harmless endorsement exactly as written in Insurance Checklist. 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the CONTRACTOR or City, and shall name the City and the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty(30)days prior written notice to the City. The CONTRACTOR shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the term of the Agreement. No work shall be done by CONTRACTOR during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the CONTRACTOR outside the Agreement, CONTRACTOR shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The CONTRACTOR shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance CONTRACTOR's failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The CONTRACTOR shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The CONTRACTOR shall be liable for the CONTRACTOR's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the CONTRACTOR including without limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term"CONTRACTOR" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of CONTRACTOR. For the purpose of this Agreement, CONTRACTOR acknowledges and agrees that any and all temporary personnel assigned by CONTRACTOR to provide services to the City 7 pursuant to this Agreement shall be deemed to be independent contractors and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The CONTRACTOR agrees to adhere to and be governed by the Metropolitan Miami- Dade County Conflict of Interest Ordinance(No.72-82),as amended;and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the CONTRACTOR. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes,data and findings, shall be made available to the City for public use. No reports,other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the CONTRACTOR or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the CONTRACTOR and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Biscayne Towing & Salvage, Inc. Attn: Harry C. Offutt, Owner& President 1635 N. Bayshore Drive Miami, Florida 33132 Phone: (305)-358-1486 Fax: (305)-373-8493 8 i Email: towtodoc @aol.com TO CITY: City of Miami Beach City Hall Attn: Eric Carpenter, Public Works Director 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 With copies to: City of Miami Beach City Hall Attn: Alex Denis, Procurement Director 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Notices hereunder shall be effective: If delivered personally,on delivery; if mailed d to an address in the city of dispatch,on the day following the date mailed;and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION/VENUE This Agreement shall be enforceable in Miami-Dade County, Florida,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT,THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This Agreement and all Attachments hereto including without limitation, Request for Qualifications(RFQ)No.41-11/12,together with all amendments thereto,and CONTRACTOR's Proposal in response to the RFQ (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for Qualifications No. 41-11/12,together with all amendments thereto, and CONTRACTOR's Proposal in response are hereby incorporated by reference into this Agreement as Attachment"E"hereto; provided, however,that in the event of an expense conflict between that Proposal documents and this Agreement, the Agreement shall prevail. 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$1,000. Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for damages in an amount in excess of$1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way 9 intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR, its sub-contractors, agents and employees, including without limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws,and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and /or the provision of services hereto. 4.20 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City,at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Contractor upon termination of this Agreement. Upon termination of this Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article,the term"public records"shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Contractor's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Contractor does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 10 ASSIGNMENT/ROAD MAP When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel; and the start date. The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. Failure to respond, either by not submitting a proposal in three (3) attempts, may result in your company being removed from the City's bid list. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: I. Raf el Granado, Vity Clerk Ph' lip '7� , Mayor Z sk Date D e FOR CONTRACTO , -� BISCAYNE TOWING & SALVAGE, INCORIP ORATED. INC. ATTEST: 2 er By: ecr a res' ent V"P'4' VM oaf r4 Print Name Print Name — 11-- IL4 Date Date F:\PURC\$ALL\PAMELA\RFQ\RFQ 41-11-12 Removal&Disposal of Derelict Vessels\Agreement\Biscayne Towing&Salvage.doc APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 12 City Attorney Datd Exhibits: Attachment "A" —Work Order Attachment "B" — Insurance Requirements Attachment "C" —The City's Living Wage Ordinance Attachment"D"—Request for Qualifications No. 41-11/12,Addendum No. 1 thereto, and Contractor's response to the RFQ. 14 AAIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT WORK ORDER Tel: 305-673-7490, Fax: 786-394-4010 "ATTACHMENT A" Date: Work Order Number: TO: Biscayne Towing & Salvage, Inc. Attn: Harry C. Offutt, Owner & President 1635 N. Bayshore Drive Miami, Florida 33132 Phone: 305-358-1486 Pursuant to the Agreement between the City of Miami Beach and the above named firm for REMOVAL AND DISPOSAL OF DERELICT VESSEL SERVICES PURSUANT RFQ-41-11/12 (the Agreement), you are directed to provide the following: SCOPE OF SERVICES: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: METHOD OF COMPENSATION: [ ] drawings/plans/specifications [ ] fixed fee basis [ ] scope of services [ ] time basis not-to-exceed [ ] special conditions [ ] time basis-limitation of funds TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall commence upon execution of this Work Order by the parties Effective Date and shall be completed within of the Effective Date. Failure to meet the completion date may be grounds for Termination of the Agreement. Work Order Amount DOLLARS($ ) Reimbursable Expense Allowance: (If Applicable) $ City's Project Coordinator Contractor's Representative 15 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT INSURANCE REQUIREMENTS Tel: 305-673-7490, Fax: 786-394-4010 "ATTACHMENT "B" INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than"B"as to management,and no less than "Class W as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACAH, FL 33139 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. (Please attach a copy of the insurance certificate) 16 Client#:9655 BISCATOW ACOR®TM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/05/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Linda J.Wagner Starkweather&Shepley PHONE 401-596-2212 FAX 401-431-9661 A/C No Ext: A/C No Insurance, Inc. E-MAIL ner Iwa starshe com ADDRESS: g P• PO Box 549 INSURER(S)AFFORDING COVERAGE NAIC# Providence, RI 02901-0549 INSURER A:Travelers 25674 INSURED INSURER B: Biscayne Towing&Salvage, Inc INSURER C: 1635 N.Bayshore Drive,Suite#200 INSURER D Miami, FL 33132 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY ZOH14P6378214ND 2104/2014 02/04/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES ERENTED nce $1002000 CLAIMS-MADE ®OCCUR MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 KEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO LOC /" `- $ JECT AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea accident ANY AUTO '°\ BODILY INJURY(Per person) $ ALL OWNED SCHEDULED i BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS PROPERTY DAMAGE $ AUTOS NON-OWNED Per accident , $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- TORY I OTH- AND EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A P&I ZOH14P6378214ND 2/04/2014 02/04/2015 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) P&I includs Jones Act,Collision,Towers&Salvors Liability Vessels: 1986 40'Mainship, 1995 30'Island Hopper, 1977 Lindsay, 1987 24'Zodiac, 1987 24'Zodiac, 1988 30'Black Watch, 1994 24'Zodiac, 2009 257'RIB,2009 25'RIB and 1982 41'USCG Certificate Holder is included as Additional Insured ATIMA per Written Contract or Agreement Workers Comp includes USL&H Contract#RFP No.26 11/12 CERTIFICATE HOLDER CANCELLATION City f Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y am THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center 3rd Floor ACCORDANCE WITH THE POLICY PROVISIONS. Miami, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S535563/M535559 LJW Attachment "C" City's Living Wage Ordinance 17 Attachment «p„ Request for Qualifications No. 41-11/12, Addendum No. 1 thereto, and Contractor's response to the Proposal. Applicable B �A City of Miami Beach, 1700 Convention Center^vrive,Miarni Beach,Florida 33139,,,rvw.miamiEeach0.9ov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 June 1, 2012 ADDENDUM NO. 1 TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS In response to requests for clarification received by prospective Proposers by the Administration, the subject RFQ is hereby amended as follows: 1) The Federal Database referenced in Ordinance 2-374 (2) (e) is found in the U.S. Department of Veterans Affairs website: https://www.viP.vetbiz.gov/ 2) The FEMA Checklist beginning on page 11 and ending on page 12 of the RFQ has been removed from the RFQ. 3) On page 12 of the RFQ, Item 2 "Environmental Protection", the listing: a through e, is removed. 4) On page 13 of the RFQ, Item 5, "Cost Estimate of each Project" is changed to the following: "The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect a lump sum total." As a reminder, the due date for receipt of proposals remains no later than 3:00 pm, Eastern time, Tuesday, June 5, 2012. Proposers are reminded to please acknowledge receipt of this addendum as part of your bid submission. Potential bidders that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s)for not submitting a proposal. Y OF IAMI BEACH Raul J. Aguila, Chief eputy City Attorney For the Procurement Division RFQ No. 41-11/12 Addendum#1 June 1,2012 Page 1 of 1 REQUEST FOR QUALIFICATIONS (RFQ RFQ NO. 41 -11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS RFQ Issuance Date: May 15, 2012 �.J PROPOSAL DUE DATE: June 5, 2012 at 3:00 P.M. PAMELA J. LEJAXATSARIS,CPPO,CPPB,Sr. Procurement Specialist CITY HALL PROCUREMENT DIVISION, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305.673.7490 Fax: 786.394.4006 E-mail: PameloLeja @miamibeachfl.gov i . AAAAAMEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE REQUEST FOR QUALIFICATIONS (RFQ) FOR THE FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS The purpose of this RFQ is to retain a sea-towing contractor for the removal and disposal of derelict vessels from public waters. Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, 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, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Sealed proposals will be received until 3:00 p.m. on June 5, 2012 at the following address: City of Miami Beach Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON JUNE 5, 2012, WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. A Pre-Proposal Submission Meeting is scheduled for May 23, 2012 at 10:30a.m. at the following address: City Hall — Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) to this Pre-Proposal Submission Meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 2of34 I (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) 2 Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone, please send an e-mail to PamelaLeia(cD_miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: http://www.govbids.com/scripts/panhandle/public/homel.asp?utm medium=referral&utm source=Ml A28FL&utm campaign=web site. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension #214. The City also provides bid information on its website, please visit: http://web.miamibeachfl.gov/procurement. PROPOSERS ARE HEREBY ADVISED THAT THIS RFQ IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389. • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS — ORDINANCE NO. 2011- 3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES—ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. Any questions or requests for clarifications concerning this RFQ shall be submitted by e-mail to: PamelaLeja(cD_miamibeachfl.gov, with copies also submitted to the City Clerk: RafaelGranado @miamibeachfl.gov. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 3of34 I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786.394.4006 RFQ No. 41-11/12 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Not responding due to workload issues Not responding due to minimum qualifications requirements Not responding due to scope of services Not responding due to project's size and/or complexity OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 4 of 34 . MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786.394.4006 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 6-10 II. SCOPE OF SERVICES 11-14 III. PROPOSAL FORMAT 15-16 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 17 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 18-19 VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND 19-32 RETURNED TO CITY WITH PROPOSAL SUBMISSION -All items outlined as required under Proposal Format (Section III) And Scope of Services/Specifications (Section II) - Signed Insurance Checklist - Proposer Information -Acknowledgment of Addenda - Declaration - Sworn Statement/Section 287.133(3) (a), Florida Statutes - Public Entity Crimes - Questionnaire -Acknowledgment Letter - Disclosure and Disclaimer VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 33 - Performance Evaluation Survey 34 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 5 of 34 I SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION / BACKGROUND The purpose of this RFQ is to retain a sea-towing contractor for the removal and disposal of derelict vessels from public waters The Mayor and City Commission at its February 8, 2012, meeting, authorized the Administration to issue an RFP for the Removal and Disposal of Derelict Vessels. The scope of services in the commission item was limited in comparison to the existing contracts, and the evaluation criteria depicted 40 points to be allocated for cost. The existing contracts are based upon quoting services on an as-needed basis, and do not contain pricing. The RFP that was published in 2006 pursuant to the existing contracts initially had cost as an evaluation criteria, which was subsequently removed. As the agenda item that approved the issuance of the RFP by the Commission included cost as a criteria, RFP No. 26-11/12 was issued with an expanded scope of services, and a cost proposal sheet requesting pricing per linear foot for sunken and not sunken vessels. The Administration is in concurrence that the most effective method of securing contracts for the removal and disposal of derelict vessels is qualifications-based, contracting with more than one qualified firm, and soliciting quotes from each of the contracted firms on an as-needed basis, whereby the City would issue a Notice to Proceed for each incident. Therefore, it is deemed in the City's best interest to cancel Request for Proposals, and issue this Request for Qualifications, with an enhanced scope of services, and thus removing the requirement to submit up-front pricing. The Mayor and City Commission at its May 9, 2012, meeting, authorized the City Administration to cancel the RFP and issue this RFQ for the removal and disposal of derelict vessels. B. RFP TIMETABLE The anticipated schedule for this RFQ is as follows: RFQ issued May 15, 2012 Pre-proposal submission meeting May 23, 2012 at 10:30 a.m. Deadline for receipt of questions May 25, 2012 at 5:00 p.m. Deadline for receipt of Proposals June 5, 2012 at 3:00 p.m. Evaluation Committee review June 2012 Commission approval authorizing negotiations July 2012 Contract negotiations July 2012 C. PROPOSAL SUBMISSION An original and ten (10) copies of complete Proposals, plus a CD, must be received no later than 3:00 p.m. on June 5, 2012, at the following address: City of Miami Beach City Hall Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, plus the CD, must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 6 of 34 I THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER 3:00 P.M. ON JUNE 5, 2012 WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting is scheduled for Wednesday, May 23, 2012 at 10:30 a.m. at the following address: City of Miami Beach City Hall — 4t`' Floor, City Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFQ expressing their intent to participate via telephone. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFQ is Pamela Leja-Katsaris, Sr. Procurement Specialist, who may be reached by phone at 305.673.7490; fax at 786.394.4006, or e-mail at Pamela Leia(cD-miamibeachfl.goy. Oral communications between a proposer, bidder, lobbyist, and/or consultant and the Procurement contact are limited to matters of process or procedure. Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all requests to PamelaLeja @miamibeachfl.gov, with a copy to the City Clerk's Office at RafaelGranado(a-)-miamibeachfl.gov, no later than the date specified in the RFQ timetable. The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he/she deems necessary, in written addenda issued prior to the deadline for responding to the RFQ. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE, AS CODIFIED IN SECTION 2-486 OF THE CITY CODE, PROPOSERS ARE ADVISED THAT ORAL COMMUNICATIONS BETWEEN THE PROPOSER, OR THEIR REPRESENTATIVES AND 1) THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF; OR 2) MEMBERS OF THE CITY'S ADMINISTRATIVE STAFF (INCLUDING BUT NOT LIMITED TO THE CITY MANAGER AND HIS STAFF); OR 3) EVALUATION COMMITTEE MEMBERS, IS PROHIBITED. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 7of34 F. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. G. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of this RFQ. H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. I. EXCEPTIONS TO RFQ Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). J. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. K. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. L. PROTEST PROCEDURE Proposers that are not.selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002- 3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 8 of 34 I M. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. N. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. O. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. P. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. Q. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. R. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 9 of 34 S. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. T. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. U. DEBARMENT ORDINANCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2- 397 through 2-406 of the City Code). V. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. W. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City 9 9 9 Y 9 P Y of Miami Beach and Miami Dade County. X. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7631. Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2- 449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 10 of 34 SECTION II —SCOPE OF SERVICES Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, 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, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The two main challenges of with navigation hazards are locating the debris and finding the legal owners. Marinas and waterways can be inspected visually by helicopter or boat. Sonar or dive teams may need to be employed for submerged vessels. A location or flotation marker may be helpful in order to keep vessel positions documented. The legal owner's information may be obtained by using the vessel's registration number and marina records. Non-vessel debris: Debris that pose hazards to navigation, enviromental damage, or danger to surrounding homes, vessels and public areas may require removal. Removals initiated by the City of Miami Beach, and subsequently,.Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The following FEMA checklist should be followed by contrator to ensure that all aspects of removing navigation hazards are considered: • Coordinate with U.S. Coast Guard, State and local marine patrol, local government agencies and legal counsel. • Inspect marinas to locate debris: o Visually by helicopter o Via side-scan sonar o Via diving • Use Global Positioning System survey methods or some other type of flotation marker to pinpoint location of sunken debris. • Keep a log that reflects an accurate count of debris items with corresponding locations. • Record the vessel registration number and photograph the wreckage. • Provide notification by certified letter to private owners of impending vessel removal. This should be performed in accordance with legal constraints. • Provide the owner an opportunity to remove the vessel prior to local, tribal, State or Federal government initiation of debris removal. • Provide public notice in local newspapers. • Generate scopes of work based on items to be removed. • Maintain flexibility to allow for problems caused by tidal conditions. Problems can also occur as a result of wreckage removal by others prior to issuance of contract notice to proceed. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 11 of 34 Flexibility in contract execution can be achieved by issuing an equipment rental type contract. Fixed price contracts with each piece of debris indicated as a line item are not recommended because of the possibility of change orders. Incorporate in the contract appropriate regulatory concerns and/or applicable State laws. • Maintain continuous communication with local, tribal and State authorities. • Continually verify the number and location of sunken vessels and ensure that accurate records are maintained. • Require that a bill of sale or a vessel registration be presented to the local government representative on-site if an individual claims a vessel during removal operations. • Ensure that contracts and the cleanup schedule incorporate tidal constraints. Debris located in shallow areas may be inaccessable to contractor equipment during low tide. 1. General Scope of Services Contractor shall be responsible for diving, patching and re-floating with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. Tow re-floated vessels to a county landfill area for proper disposal. 2. Environmental Protection Contractor 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. 3. Accident Prevention and Barricades Precautions shall be exercised by the contractor at all times for the protection of persons and property. All contractors performing services under this contract shall conform to all relevenat Federal, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall a borne solely by the responsible contractor. Barricades shall be provided by the contractor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up Contracter shall ensure unusable materials and debris are removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon final completion, the contractor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 12 of 34 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the contractor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded contractor for a specific project must be in accordance with the cost information submitted in response to the RFQ, and acceptance of same by the City. 6. Labor, Materials, and Equipment The contractor shall furnish all labor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management (DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project; and shall comply with all laws, ordinances, regulations and buildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami-Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. 10.Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Proposer shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/ or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. 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. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 13 of 34 I c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience of the work shall be repaired or replaced at the expense of the contractor in a manner acceptable to the Project Manager prior to the final acceptance of the work. Such facilities shall include but are not limited to: walls, boating ramps, sod, and walkways. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 14 of 34 I SECTION III — PROPOSAL FORMAT Each Proposal shall include,-at a minimum, the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the omitted documentation within five (5) calendar days upon request from the City, or the Proposal may be deemed non-responsive. 1. Table of Contents: Outline in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: a) Introduction letter outlining the Proposer's professional specialization, and providing past experience to support the qualifications of the Proposer. b) Proposer's must provide documentation: Proposer's shall submit such supporting documentation as they deem necessary to demonstrate the capability to provide and implement the services as outlined in this RFQ. C) Qualifications of Proposer/Associated Proposal Team Members/ Management Team and Key Personnel: Outline in detail the experience and qualifications of the proposing entity and all associated Proposal team members; the Proposer's management team; and key personnel; with emphasis on providing experience and qualifications on (and as to) similar projects as the one contemplated in this RFQ. d) Fee Information: Not applicable for RFQ submission. e) Evidence of Financial Stability: All Proposers must attach a financial statement, balance sheet or other assurance that indicates the financial capability and viability of the Proposer. The submitted information must either be certified by an independent CPA, or In the case of a banking reference) by an appropriate banking official. f) References: List at least five (5) references in the South Florida area for whom your firm provides or has provided similar services, and include their contact name, title, company, address, telephone number, e-mail address, fax number. Past Performance Client Survey Information: Past performance information will be 9) y P collected on all Proposers. Proposers will be required to send out Performance Evaluation Surveys to their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein, and request that your client submit the completed survey to to Pamela Leja- Katsaris at Fax: 786-394-4006 or E-mail: PamelaLeja @miamibeachfl.gov. Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. Proposers are solely responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify any information submitted throughout this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site- visitation, and other independent confirmation of data. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 15 of 34 THE CITY WILL NOT ACCEPT CLIENT SURVEYS SENT TO THE PROCUREMENT DIVISION FROM THE OFFICE OF THE PROPOSER. IN ORDER TO BE CONSIDERED, SURVEYS MUST BE SENT TO THE PROCUREMENT DIVISION DIRECTLY FROM YOUR CLIENT'S OFFICE(S). h) Methodology and Approach. The Proposer must specifically describe its proposed methodology and approach for completing the services required in the scope of work. This is to include, but not be limited to, a proposed operational plan. i) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. D Acknowledgment Letter and Disclosure and Disclaimer k) Any other documents required by this RFQ. The City reserves the right, in its sole discretion, to request additional information from Proposers following review of the initial Proposal submissions. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 16 of 34 SECTION IV—EVALUATION/ SELECTION PROCESS EVALUATION PROCESS The procedure for response, evaluation and selection will be as follows: 1. Request for Qualifications issued. 2. Receipt of proposals 3. All timely received Proposals will be opened and reviewed and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFQ. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: Total Points Evaluation Criteria 25 The Experience and Qualifications of the Contractor 25 The Experience and Qualifications of the Team 20 Methodology and Approach 10 Financial Stability Past performance based on references, information provided 20 in the proposal submission, and performance evaluation surveys LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s)will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer(or Proposers) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 4/18/12 City of Miami Beach RFP No:35-11/12 License Plate Recognition System 17 of 40 SECTION V—SPECIAL TERMS AND CONDITIONS: INSURANCE The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in Insurance Checklist 3. Automobile Liability - $1,000,000 each occurrence - owned/non- owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 18 of 34 I INSURANCE CHECKLIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. To include, if required by statute, U.S.L. & H.(Longshoreman's and Harbor worker's insurance) and Jones Act coverage, should be submitted with proposal submission. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability, and Contractual Indemnity (Hold harmless endorsement). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ -. 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Professional Liability/Medical Malpractice $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others $ .00 XXX Marine Liability(P&I) $1,000,000.00 Liability coverage for salvage/derelict vessel removal, including pollution liability XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the RFQ number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements, of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/Print Name/Title Signature of Proposer 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 19 of 34 I PROPOSER INFORMATION Submitted by: Proposer(Entity): Signature: Name (Printed): Address: City/State: Telephone: Fax: E-mail: Federal ID# It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFQ or in the Proposals received as a result of the RFQ. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and signed by both parties. For Proposer: (Authorized Signature) (Date) (Printed Name) 5/15/2012 City of Miami Beach RFD No:41-11/12 Removal&Disposal Derelict Vessels 20 of 34 REQUEST FOR PROPOSALS NO. 41-11/12 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ. Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No Addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff Date Proposer-Name . Date Signature 5/15/2012 City of Miami Beach RFD No:41-11/12 Removal&Disposal Derelict Vessels 21 of 34 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s)for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFQ No. 41-11/12. WITNESS PROPOSER SIGNATURE PRINTED NAME PRINTED NAME WITNESS TITLE PRINTED NAME 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 22 of 34 I SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] Whose business address is And (if applicable) its Federal Employer Identification Number(FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 23 of 34 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of ,2012 Personally known OR Produced identification Notary Public-State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 24 of 34 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 25 of 34 i Questionnaire (continued) Members of Board of Director: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer; or refused to enter into a contract after an award has been made; or failed to complete a contract during the past five (5) years; or been declared to be in default in any contract in the past 5 years? If yes, please explain: 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 26 of 34 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership?Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFQ have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent(10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 27 of 34 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Qualifications have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer, and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this RFQ, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include, without limitation, public relation firms, lawyers, and lobbyists. The Procurement Division shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? 10. Is the business entity a Miami Beach based Vendor? Yes ( ) No If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 28 of 34 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RFQ, and such information is warranted by the Proposer to be true and accurate. In the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications-of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Print Name 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 29 of 34 ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFQ NO. 41-11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS Dear Sir or Madame: I have read the City of Miami Beach's RFQ NO. 41-11/12 For the Removal and Disposal of Derelict Vessels. On behalf of our Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and Disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 30 of 34 DISCLOSURE AND DISCLAIMER This Request for Qualifications ("RFQ") is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFQ, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFQ either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFQ, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFQ. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFQ. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFQ is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFQ, the selection and the award process, or whether any award will be made. Any recipient of this RFQ who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFQ may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 31 of 34 Proposers are expected to make all disclosures and declarations as requested in this RFQ. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 32 of 34 MIAMSEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax:786.394.4006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFQ). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFQ No. 41-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFQ. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsaris, Sr. Procurement Specialist, on or before June 5, 2012, via fax: 786.394.4006, or e-mail PamelaLeja(cDmiamibeachfl.gov. Thank you for your time and effort. Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 33 of 34 MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786.394.4006 PERFORMANCE EVALUATION SURVEY Company Name: Point of Contact: Phone and e-mail: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10 Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10) designated contact person(s) 3 Responsiveness to priorities for service 1-10 4 Ability to provide requested services within the designated (1-10) timeframe 5 Cost of services provided (1-10) 6 Experience level and credentials of assigned staff (1-10) 7 Overall customer satisfaction and hiring again based on performance comfort level in hiring this firmagain) 1-10 OVERALL COMMENTS Agency Providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to Pamela Leja-Katsaris by June 5, 2012, via fax at 786.394.4006 or via e-mail at PamelaLeia@miamibeachfl.gov. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 34 of 34 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(30S)358-1486 FAX:(305)373-8453 E g L Cover Sheet RFQ NOm 41 - 11 / 12 For the Removal and Disposal ��� es�e® ere RFQ Issuance Date: May 15, 2012 Proposal Due Date: June 5, 2012 Pamela j.Leja-Katsaris,CPPO,CPPB City Hall Procurement Division,3rd Floor 1700 Convention Center Drive Miami,Beach,FL 33139 Phone: 305.673.7490 Fax: 786.394.4006 E-mail: PamelaLeja @miamibeachfl.gov 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 t i FAX:(305)373-8453 Table of Contents IntroductionLetter.......................................................................................................... 4 to 5 Qualification of Contracts Team.............................................................................. 6 Evidence of Financial Stability................................................................................. 7 FinancialStatement..................................................................... 7.1 Assets............................................................................................. 7.2 Income Statement and Retained Earnings................................. 7.3 Affirmative Action Policy.......................................................................................... 8 Methodology&Approach......................................................................................... 9 to 12 InsuranceCheck List................................................................................................. 20 of 38 ProposersInformation............................................................................................. 20 of 38 Request for Qualifications(RFQ) N0.41-11/12 Acknowledgment of.................. 21 of 38 Addendum N0.1 To Request for Proposals (RFP) N0.26-11/12 for Removal&Disposal of Derelict Vessels Addendum NO.2 To Request for Proposal(RFP) N0.26-11/12 For the Removal and Disposal of Derelict Vessels Addendum NO.3 To Request for Applications(RFQ)N0.41-11/12 for the Removal and Disposal of Derelict Vessels Declaration................................................................................................................... 22 of 38 Sworn Statement Under Section 287.133(3)(a)....................................................... 23-24 of 38 Questionnaire............................................................................................................... 25-29 of 38 AcknowledgmentLetter.............................................................................................. 30 of 38 Disclosure and Disclaimer............................................................................................. 31-32 of 38 LivingWage Certification............................................................................................. 35-36 of 38 Attachments Renewal Agreement between City of Miami Beach................................................... A.i Certificate of Liability I nsurance...................................................................................................................... A.ii Florida Department of Environmental Protection.................................................... A.iii 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 I Rk -7- i w-, FAX:(305)373-8453 Table ®f Contents Certificate of Release From Active Duty(Harry C.Offutt)........................................ A.iv CorporationAnnual Report............................................................................................. A.v City of Miami Beach Business License............................................................................ A.v 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 .. OFFICE:(305)358-1486 FAX:(305)373-8453 April 24, 2012 Ms. Pamela Leja-Katsaris, Procurement Director City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 REF: INTRODUCTION LET'T'ER, RFQ NO.41-11/12 26-11/12 Dear Ms. Leja-Katsaris: Biscayne Towing and Salvage, Inc. is seeking the opportunity to provide derelict vessel removal services to the City of Miami Beach.This letter attests to the company's experience removing and disposing of derelict vessels as well as the experience of Harry C. Offutt IV, owner and president of Biscayne Towing and Salvage, Inc. Biscayne Towing and Salvage, Inc. is a BoatUS-authorized towing company performing towing and salvage operations in South Florida.The company has conducted hundreds of salvage operations over the years and was awarded nine derelict vessel removal contracts from DERM in the last three years.The company also was awarded a contract in 2010 from Biscayne National Park to remove a 60' burnt boat from an environmentally sensitive area east of Soldier Key. Each contract was successfully completed,and Biscayne Towing and Salvage Inc.'s vessel removal method has set the standard in safety and environmental protection. In order to minimize the impact to the surrounding area,we remove the vessel in as whole condition as possible and complete the disposal at our facility on the Miami River. Biscayne Towing and Salvage,Inc.is licensed by Biscayne National Park to perform towing and salvage operations within the park boundaries.Additionally,we are an approved contractor for removing and disposing of derelict vessels for the City of Miami, City of Miami Beach and an approved discharge clean-up organization for the State of Florida. Biscayne Towing and Salvage, Inc.owns and operates a fleet of towing vessels and a facility on the Miami River. Our crew consists of seven licensed captains and a crew of four deck hands. Mr. Offutt has more than 22 years in the marine towing and salvage business as well as a lifetime of boating experience. He founded the company in 1992 after two years working as a captain for 911 Towing in Miami. Mr. Offutt possessed a USCG 100 Ton Masters as well as a Master of Towing Vessels certification and has conducted _ 1 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 ® s FAX:(305)373-8453 hundreds of salvage operations. He currently supervises the day-to-day operations of the business. The company employs 16 people with the following key personnel: Judi Stewart,Office Manager r 25 years co-owner of Action Marine Towing&Salvage, Inc. Supervised hundreds of salvage operations in her career r 3 years with Biscayne Towing and Salvage, Inc./Manager of Operations Captain Justin Lowd.Site Manager ➢ 8 years with Biscayne Towing and Salvage, Inc. )0, USCG 100 Ton Master Managed all the derelict vessel removals mentioned above Captain Peter Hargreaves,Senior Captain 15 years with Biscayne Towing and Salvage, Inc. > Conducted hundreds of salvage operations USCG 150 Ton Masters, Mate/Pilot of Towing Thank you for the opportunity to serve the City of Miami Beach. Sincerely, Terry Wilson,BS, MSM Assistant Manager of Operations 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 FAX:[305)3]3-8453 Qualification of Contractors Team All work performed will be under the supervision of Harry C. Offutt, Owner and President of Biscayne Towing & Inc. Harry C. Offutt is qualifications and experience is outlined in the introduction letter. All personnel involved. with each individual project will be qualified to perform the specific job they have been assigned. Harry C. Offutt will insure qualifications and supervise each operation. All staff of Biscayne Towing & Salvage, Inc. are experienced and qualified to perform the job we accept. 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 FAX:(305)373-8453 Evidence of Financial Stability Biscayne Towing & Salvage, Inc. ( A Sub-Chapter S Corporation) Financial Statements (Unaudited) Year Ending, December 31, 2011 I certify that I have read these financial statements, prepared on the cash basis of method of accounting, by the company internal accountant. The information contained herein is true, correct and complete to the best of my knowledge and belief. Captain Co ,O u , Preside/ Page 1 of 3 Biscayne Towing &Salvage, Inc. (A Sub-Chapter S Corporation) Balance sheet December 31, 2011 Assets Current Assets Cash $ 119,748.91 Prepaid Expenses 11,285.23 131,034.14 Property and Equipment: Land 131,373.03 Buildings 264,067.12 Equipment &Tools 204,397.96 Automotive Equipment 18,242.29 Vessels 472,656.51 Motor Vessel under Construction 878,516.10 1,969,253.01 Less Accumulated Depreciation (687,769.11) 1,281,483.90 Other Assets: Note Receivable-Affiliated Company 80,962.35 Purchased Goodwill, net of Amortization 251,666.67 Key West Dockage 756.00 Deposits 200.00 333,585.02 Total Assets $ 1,746,103.06 Liabilities None Total Liabilities 0 Stockholder's Equity: Common Stock $ 2,000.00 Paid in Capital in Excess of Par 255,969.09 Retained Earnings 1,488,133,97 Total Stockholder's Equity $1,746,103.06 Page 2 of 3 Biscayne Towing & Salvage, Inc, (A Sub-Chapter S Corporation) Income Statement and Retained Earnings Year Ending, December 31, 2011 Income $ 1,749,638.42 Vessel Operating Expenses Salaries &Wages $ 539,426.39 Fuel 153,804.29 Boat Supplies & Parts 112,189.19 Repairs & Maintenance 97,116.60 Contract Services 98,188.95 Dockage 76,563.14 Insurance 60,816.94 1,138,105.50 Gross Margin $ 611,532.92 General &Administrative Expenses Professional Fees $ 35,813.42 Rent&Condo Fees 23,955.33 Communications& Hi-site Radio 21,561.70 Travel Expense 13,149.19 Business Meals & Entertainment 9,839.25 Utilities 8,210.47 Property Tax 7,457.13 Advertising 6,107.50 Licenses.& Permits 6,01.1.57 Bank Charges & Fees 4,910.93 Crew Uniforms 41909.08 Office Expense &Supplies 2,999.80 Automotive Expense &Toils 2,732.31 Key West Property Expense 11930.00 Dues&Fees 1,232.75 Miscellaneous Expenses 18,784.87 169,605.30 Officer's Salary 90,450.00 Depreciation Expense 57,737.00 Net Operating Income $ 293,740.62 Beginning Retained Earnings 1,615,507.64 Less Distributions (421,114.29) Ending Retained Earnings $ 1,488,133.97 Page 3of3 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 peroccurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability- $1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ 00 Fire Legal Liability $ 00 Protection and Indemnity $ . 00 Professional Liability/Medical Malpractice $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others .00 Professional Liability XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the RFP number and title U.S. L. & H. (Longshoreman's and Harbor workers insurance) may be required within five (5) days after Proposal Opening. PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/Print Name/Ti le Signature of Proposer 4A ,01' . gwiFc.4P • 3/22/12 RFP No:26-11112 City of Miami Beach Removal and Disposal of Derelict Vessels 19 of 38 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 FAX:(305)373-8453, A 'rmative Action Policy It is the policy of the Biscayne Towing&Salvage, Inc. to provide for and promote equal employment opportunity in employment compensation and other terms and conditions of employment without discrimination based on age,race, creed,color, national origin,gender,sexual orientation, disability, marital status,Vietnam Era Veteran status,genetic predisposition, or carrier status. Biscayne Towing&Salvage, Inc., is committed to assuring equal employment opportunity and equal access to services, programs and activities for individuals with disabilities. It is the policy of the Biscayne Towing&Salvage, Inc.to provide reasonable accommodation to a qualified individual with a disability to enable such individual to perform the essential functions of the position for which he/she is applying or in which he/she is employed. Further,it is the policy of the Biscayne Towing&Salvage, Inc.,to provide reasonable accommodation for religious observers. The policy applies to all employment practices and actions. It includes,but is not limited to,recruitment,job application process,examination and testing, hiring, training, disciplinary actions, rate of pay or other compensation,advancement, classification,transfer, reassignment and promotions. The Biscayne Towing&Salvage, Inc.,designated person for issues concerning Affirmative Action/Equal Employment Opportunity is Harry C. Offutt, (305) 35B- 14B6, 1635 N Bayshore Drive,Miami, Florida 33132, towtodock @aol.com. Signed, dated and effective this twenty-first day of May, 2012. Biscayne Towing&Salvage, Inc. By. Harry . Offutt, IV, resident g I 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358.1486 FAX:(305)373-8453 Meth- odology & Approach 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 ® FAX:(305)373-8453 Methodology and Approach Minimizing risk to personnel and to the environment during derelict removal operations is our top priority. The level of risk in derelict vessel removal varies from one vessel to the next,but the two main concerns are risk to personnel and risk to the environment. The initial risk assessment occurs during the inspection phase when our job-site manager identifies safety issues and environmental threats. Additionally,we continually assess safety and environmental issues as the job is being completed.With proper preparation and experienced personnel,most incidents of risk are eliminated or reduced. Environmental assessments during our initial inspection will identify potential contaminants like fuel,oils and paints,as well as sensitive areas,such as sea grass beds and sea life in or around the vessel.The most effective way to minimize any negative effect on the environment is to remove a vessel in its whole condition,versus dismantling it using a grappling or clam shell attachment,which inevitably leaves debris behind.When the vessel is removed from the water in whole condition by lift bags or a crane,the contaminants are contained within it and can be removed with no negative effect.In the event any oil or debris is released,absorbent booms and pads are immediately deployed to control and clean up the spill. Biscayne Towing&Salvage,Inc.owns and operates a waterfront facility on the Miami River at 151 NW South River Dr.Miami,FL 33132.Once the vessels are removed from the water, either by lift bags or crane,they are transported to our facility for dismantling and demolition.We do not require a staging area from the city—an important asset in reducing the impact to the environment and for safety to personnel.By removing the vessels and taking them to our facility,we eliminate any impact to the city or the bay,and our personnel can work in the safety of our yard. Our standard safety procedures are developed for marine applications and our commitment to safety is demonstrated by our 20-year track record of incident-free vessel removal.All equipment is maintained in good working order,and personnel are trained to recognize safety hazards and to take action to reduce them.It is company policy to abide by federal, state and local laws. Biscayne Towing and Salvage,Inc.owns and operates all of the equipment and vessels required for a typical derelict vessel removal.Our full-time employees are experienced in vessel removal and disposal,and no additional personnel will be required. This contract should not require any additional money for Biscayne Towing&Salvage,Inc. to meet all on-going financial obligations.This greatly reduces the risk to the city for non- performance due to financial restraints. PROPOSER INFORMATION Submitted by: HarEL .C. Off ut-t, Owner- A -President Proposer(Entity): Biscayne T wing & Salvage, Inc Signature: Z I P r Name(Printed): fey Address: 1635 N. Bayshore Drive City/State: Miami, FL 33132 Telephone: ( 305) 358-1486 Fax: ( 305) 373-8493 E-mail: towtodocAaol.com FederalID# 65-0537750 It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind .shall be created al a y time until and unl s a contract has been agreed to and signed by both parties. For Pro er: (Authorize egnature) (Date) (Printed Name) 3122112 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 20 of 38 I REQUEST FOR PROPOSALS NO. 26-11/12 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP. Addendum No. 1, Dated Apri1 11 , 2 01 2 Addendum No. 2, Dated May 15, 2012 Addendum No. 3, Dated June 1 , 2012 Addendum No. 4, Dated Addendum No. 5, Dated Part 11: No Addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Biscayne Towing Proposer- e Date Signat e 3/22/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 21 of 38 i I � [AM] BEACH Eli M. City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,wYAv.miamibeachfl.goY PROCUREMENT DIVISION Tel. 305-673-7490 Fax: 786.394.4006 April 11, 2012 ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 26-11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS The subject RFP is hereby amended as follows: The due date for, receipt of proposals has been changed to no later than 3:00 pm Eastern time on May 17, 2012 A revised scope of services and requirements will be published after the May 9, 2012 Commission Meeting. Should you have any questions or need additional information, please address said inquiries to Pamela Leja-Katsaris via e-mail: Pamelal-ejaA—miamibeactifl.aov, with a copy to the City Clerk's Office. Thank you, Raul Aguila Chief Deputy City Attorney (for Procurement Division) RFP No.26-11112 Page 1 of 1 Addendum#1 April 11,2012 MIAMIBEACH City of Miami Beath,1700 Convention Center Drive,Miami Beach,Florida 33139,www.rniamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 May 15, 2012 ADDENDUM NO. 2 TO REQUEST FOR PROPOSALS (RFP) NO. '26-11112 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS. The subject RFP is cancelled and will be replaced by a Request for Qualifications (RFQ) with a revised scope of services and revised .evaluation criteria. CITY OF MIAMI BEACH 72 -kl q t Raul J. Aguila, Chief Deputy City Attorney For the Procurement Division RFP No.26-11/12 - Addendum#2 May 15,2012 Page 1 of 1 .. . .. .. ..... City of Miami Beach,1700 Convention Center Drive,Miami Beadh,Florida 33139,-wNvw.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 June 1, 2012 ADDENDUM NO. 1 TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11112 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS In response to requests for clarification received by prospective Proposers by the Administration, the subject RFQ is hereby amended as follows: 1) The Federal Database referenced in Ordinance 2-374 (2) (e) is found in the U.S. Department of Veterans Affairs website: https://www.vip.vetbiz.gov] 2) The FEMA Checklist beginning on page 11 and ending on page 12 of the RFQ has been removed from the RFQ. 3) On page 12 of the RFQ, Item 2 "Environmental Protection", the listing: a through e, is removed. 4) On page 13 of the RFQ, Item 5, "Cost Estimate of each Project" is changed to the following: "The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect a lump sum total." As a reminder, the due date for receipt of proposals remains no later than 3:00 pm,.Eastern time, Tuesday,June 5,2012. Proposers are reminded to please acknowledge receipt of this addendum as part of your bid submission. Potential bidders that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s)for not submitting aproposal. =OLFIAMIBEACH Raul J. Aguila, Chief eputy City Attorney For the Procurement Division RFQ No. 41-11112 ' Addendum#1 June 1,2012 Page 1 of 1 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 i-- :YSubmitted this day of V , 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s) for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFP No. 26-11/12. ':�:'et , WITNESS PRJQPPOSERObNATURE PRINTED NAME PRINTED NAME D Ldm WITNESS TITLE PRINTED NAME 3122!12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 22 of 38 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami Beach [print name of public entity] by Harry C. Offutt, President & Owner [print individual's name and title] for Biscayne Towing & Salvage, Inc. [print name of entity submitting sworn statement] Whose business address is 1 635 N. Bayshore Drive, Miami, FL 33132 And (if applicable) its Federal Employer Identification Number(FEIN) is 65-0537750 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an.agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that"convicted"or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 3122/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 23 of 38 I I understand that a "person"as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to t ntity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGk IN TH INFORMATION ONT NED IN THIS FORM. Esdinature177 Sworn to and subscribed before me this day of ,2012 Personally known OR Produced identification Notary Public-State of My commission expires 1 v (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) .pOY°�s ��ctary Public State of Florida =o L 1!'.lilliarr. Lynn Commission DD814749 Of Ps 08j 1412012 3/22/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 24 of 38 QUESTIONNAIRE Proposer's Name: Biscayne Towing & Salvage, Inc. Principal Office Address: 1635 North Bayshore Drive Miami, FL :.331 32 Official Representative: Harry C. Offutt, President & :Owner Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: When Incorporated: 1995 In what State: Florida If a Foreign Corporation: Date of Registration with Florida Secretary of State: 11 /21 /1994 Name of Resident Agent: Offutt, Harry C IV Address of Resident Agent: 1635 North Bayshore Drive Miami, FL 33132-US President's Name: Harry C. Offutt, IV Vice-President's Name: N/A Treasurer's Name: N/A 3/22/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 25 of 38 Questionnaire(continued) Members of Board of Director: N/A If a Partnership: N/A Date of organization: N/A General or Limited Partnership*: N/A Flame and Address of Each Partner: NAME ADDRESS N/A * Designate general partners in a Limited Partnership N/A 1. Number of years of relevant experience in operating same or similar business: N/A 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No �) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer; or refused to enter into a contract after an award has been made; or failed to complete a contract during the past five (5) years; or been declared to be in default in any contract in the past 5 years? If yes, please explain: N/A 3/22/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 26 of 38 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (XA If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP have ( ) have not (xi been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent(10%). (Strike out inappropriate words) Explain any convc . ns: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent(10%) interest: A. List all pending lawsuits: N/A B. List all judgments from lawsuits in the last five(5) years: N/A C. List an y p Y criminal violations and/or convictions of the Proposer and/or an of its principals: N/A 7. Conflicts of Interest. The following relationships are the only-potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) N/A 3/22/12 RFP No:26-11112 City of Miami Beach Removal and Disposal of Derelict Vessels 27 of 38 Questionnaire(continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer, and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this RFP, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include, without limitation, public relation firms, lawyers, and lobbyists. The Procurement Director shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. N/A 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? N/A 10. Is the business entity a Miami Beach based Vendor? Yes ( ) No k) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 602 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No (Xi 3/22/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 28 of 38 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RFP, and such information is warranted by the Proposer to be true and accurate. In the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. PROPOSER WOOSS: IF INDIVIDUAL: /Si9 g nature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: .s Lj 1n of k f C Secretary Print Name of orporation J r Print Name Address 1 B / President (coRPORATE-.SEAL) 4ci,r r c s b Uk �f-rLz Print Name 3/2?J12 RFP No:26-11/12 City'o`,Mialni Wzach Removal and Disposal of Derelict Vessels 29 of 38 ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFP NO. 26-11/12 THE REMOVAL AND DISPOSAL OF DERELICT VESSELS Dear Sir or Madame: I have read the City of Miami Beach's RFP NO. 26-11/12 For the Removal and Disposal of Direlict Vessels. On behalf of our Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and Disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, H. C. Offutt, IV [NAME AND TITLE] Biscayne Towing & Salvage [ORGANIZAT ON AA l*/� O OSER' AME] 3/22/12 City of Miami Beach RFP No:26-11/12 Removal and Disposal of Derelict Vessels 30 of 38 DISCLOSURE AND DISCLAIMER This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFP. _ Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process, or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted 3/22112 RFP City of Miami Beach Removal and Disposal of Derelict Vessels 31 of 38 in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this RFP. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: 1'." " 4%-T [NAME AND TITLE] `sea-we 7iw ' ZZN77] POSE AME] 3122/12 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 32 of 38 - �' LIVING WAGE CERTIFICATION Pursuant to Section 2-408(e) of the Miami Beach City Code, entitled Certification required before payment. "Any and all contracts for covered services' may be voidable, and no funds may be released, unless prior to entering any agreement with the city for a covered services contract, the service contractor2 certifies to the city that it will pay each of its covered employees no less than the living wage described in section 2-408(a). A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: 1. The name, address, and phone number of the covered employer, a local contact person, and the specific project for which the covered services contract is sought; _Project: For the Removal & Disposal of Derelict Vessels Name of Contractor: Biscayne Towing & Salvage Inc. Contact person: Terry Wilson Address: 1635 N. Bayshore Drive, Miami, FL 33132 Phone number: ( -In:;) 2. The amount of the covered services contract, a brief description of the project or service provided and the city department the contract will serve; Amount of contract: $ City Department(s): Description of service or project: 3. A statement of the wage levels for all employees; See Attachment "Covered services"Contracts involving the city's expenditure of over$100,000 per year and which include the following types of services: Food Preparation and/or Distribution; Security Services; Routine Maintenance Services such as Custodial, Cleaning, Refuse Removal, Repair, Refinishing and Recycling, Clerical or Other Non-Supervisory Office Work (whether temporary or permanent); Transportation and Parking Services; Printing and Reproduction Services; Landscaping, Lawn,and/or Agricultural Services; and Park and Public Property Maintenance. 2,Service contractor"is is any individual, corporation(whether for profit or not for profit), partnership, limited liability company, joint venture, or other business entity who is conducting business in Miami Beach, and who is either: (1) paid in whole or part from one or more of the City's general fund, capital project funds, special revenue funds, or any other funds, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation,or agreement, or any other decision to enter into a contract; or(2) engaged in the business of, or part of, a contract to provide, or a subcontract to provide, services, for the benefit of the city. However, this does not apply to contracts related primarily to the sale of products or goods. 35 of 38 i 4. A commitment to pay all covered employees the living wage, as defined by section 2-408(a) and including, without limitation, any annual indexes thereto (as provided in section 2-408(d). Effective October 1, 2010, service contractors shall be required to pay all its employees who provide services for covered service contracts, the hourly living wage rates based on the following three (3) year phase-in approach: • Commencing with City fiscal year 2010-11 (October 1, 2010), the hourly living wage rate will be $10.16/hr. with health benefits3 of at least $1.25/hr, and $11.41/hr without benefits; • Commencing with City fiscal year 2011-12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits of at least $1.45/hr, and $12.17/hr without benefits; and • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr without benefits. I further understand and agree and acknowledge that failure to comply with the Living Wage Ordinance requirements shall constitute a material breach of the contract by which the City may immediately terminate same. , I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Vature this Yd of°ld�t , in the year V /1, at i , Cfty State 1635 North Bayshore Dr. Mailing Address Harry C. Offutt Miami, FL 33132 Name of Signatory (please print) City, State, Zip Code President & Owner Title For more information on the Living Wage or a copy of the Ordinance, refer to the City of Miami Beach website: http://web.miamibeachfl.gov/procurement City of Miami Beach I PROCUREMENT DIVISION 1700 Convention Center Drive I third floor I Miami Beach, FL 133139 T: 305.673.7490 1 F: 786.394.4000 procurement @miamibeachfl.gov - "Health Benefits" shall, at a minimum, mean health insurance coverage which consists of wellness and preventive care, including maternity, and that meets the requirements of a"standard health benefits plan"as defined in Subsection 627.6699(12)(b)(4), Florida Statutes*,as may be amended from time to time. We are committed to providing excellent public seivice and salety to all who live,work,and ploy in our vibrant, tropical,historic communi$6 of 38 1635 N.BAYSHORE DRIVE MIAMI,FL 33132 OFFICE:(305)358-1486 FAX:(305)373-845 Attachments I @�oo� Florida Department ®f �.i�:����t� Governor Environmental Protection lennil'er Car I.A. Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Herschel. T. Vin»rd. (r. Tallahassee, Florida 32399-3000 Secrctary June 12'0 1 1 Biscayne To\win- x Salva�.,e. Inc:. Attn: Mr. Hari-N; Offutt 1635 N. Bayshore Dr.. Suite 2 i\/lianli. FL 33132 RE: Renewal of Certil-icate 1=01- DischarLIC CIC8111111 Or`Ta111zation Dear \'lr. 011`Litl: You are eurrelltly listed as all Approved Disc:hargk� C[CaI1Lt1) Or`Ualllzati011 (DCO) for The State o'1' Florida. \N e are extellclintg the expiration date of. your DCO Certificate to June 30. 2012. Please I10I'Al this office 01 ally sl`Iltticant chances lit VOLIr Capabllltles as a DCO, as \yell as. changes 111 addresses_ phone numbers. or contacts. Retaill a copy of this letter \•vith your most CLirrent DCO certificate as evidcnCC of your certification status. If you have any Cluestlolls. 01' V ish to provide updates. please contact Ms. Jessica Brattain at (850) 245-2572 or via.email at .1e5>iCa-J3!-atWti u`. You play also Contact VOLIr District Emergency Response N%tanager to address any questions or issues re�uyard[11 this program. Sincerer-. P. Wieczvns:i_ Chie:l, Bureau Of Emer�lIency Response cc: District BER N/lanaacrs N"d A B E A C H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,v".,w.miamibeachfl.gav PRCCURE�A-PN f Division Tel:305-673-7490,Fax:786.394-4236 February 10, 2011 Mr. Harry C.Offutt IV BISCAYNE TOWING&SALVAGE, INC VIAE-MAIL:TowT0Q0CkLXa01.corn 1635 North Bay Shore Drive actionMt c�?20LCOM Miami, FL 33132 Subject: REM E- WAL OF AGREEMENT BETWEEN CITY OF MIAMI BEACH AND BISCAYNE TOWNG cs SALVAGE FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS - Dear Mr. Offutt: Pursuant to Article 4, Provision 4.3, to the Agreement between the City of Miami Beach and Biscayne Towing & Salvage, Inc., dated July 12, 2006, for Removal and Disposal of Derelict Vessels, we are requesting a renewal of said Agreement by mutual agreement. Please indicate below whether you are electing to renew subject Agreement for the period of July 12, 2010 thru July 11, 2011. Should you have any questions or need additional information, please do not hesitate to contact me at 305-673-7490 or uLlsloDezn:iarl�iLeac,!� .� . Thank you, Gus Lopez,CPPO Procurement Director As an authorize representative of Biscayne Towing & Salvage, Inc, I hereby agree to renew subject Agreement to include all exhibits, at the same terms and conditions for the aforestated term. Stgn� ,e ' Name ' Date .'�c%:c•n:miii�a';o ;rc:l�!ny- r Y ;:,«.:ci 11C .,Pu 5:78`'i."'.a:!..'n✓t.';c, v!i4 c;Gy!f.: :,: ....li!.li i:!",C:7i,%'r!_i:i.'i��.'•i:"7^U(?lei/. F:\PURC\$Atl\tUario\RFP'S\05-06\RFP-1 5-0S-06 Derelict Vessels\P,ENSAIAL LETTEP.S\Biscayne Towing&Solvage\Biscayne Towing 2010-201 1.doc g Florida Department ®f 0- A-I Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard lldcfs'�hcl Tl 1'41vif"1. if. Tallahassee, Florida 32399-3000 c re i:i ry June 2. 201 1 Biscayne Toga in`_ ce Salvage. Inc. Attn: \/It-. Harry OITLItt 1635 N. B,-:i y s ho re DI-.. Suite 22 N/l i am i. FL 3_3 132 RE: Renewal of-'Certilicate 6or Discharae CIC�IIILIJ) Oruallizatioll Dear Mr. Oflfutt: YOU CLIITeIItlV 11sted as Can Approv-ed Discharge OeMILIJ) 0I-UL'IIIIZ1'_ItIOI1 (j)C for the Slate 01' 2 Florida. \'Ve are ex[ei-►cling the expiration date of \"OLII' DCO Certificate 10 JLIIIC 30. 2012. Please notify I I I I L III VOL11- capabilities as a DCO. Ion --y this of of any siggi-i'l-cant changtfs as \vell as. chanL)es III addresses. phone ni.1111L)CI-S., or CORtElCtS. Retain a Copy- Ol-' tjIIS lettCl- With MOSt CUITent DCO certificate as eviclei-Ice or VOLII* certification status. 11' VOLI have am questions. ()I- kVIS11 to PI-OViCIC updates. please contact Nils. JessicLl Branain at (850) 245-2872 or x:la email at YOU iiw also C011MCL VOLIr District Emergency Response Manager to address a II y qUeStIOIIS or ISSUeS regarclinu this program. Sincerely. P. \Viecnqlls�l. ch*er BLINaW OFEmeruency Response cc: District BER N/lanm-,ers CAUTION:NOT TO BE USED FOR THIS IS AN IMPORTANT RECORD ANY ALTERATIONS IN SHADED IDENTIFICATION PURPOSES SAFEGUARD IT > AREAS RENDER FORM VOID ®D FORM ��� PREVIOUS EDITIONS OF THIS CERTIFICATE OF RELEASE OR DISCHARGE I JUL 79 FORM ARE OBSOLETE. FROM ACTIVE DUTY 1.NAME(Last,first middle) 2.DEPARTMENT,COMPONENT AND BRANCH 3. SOCIAL SECURITY NO. ) I i 1 is .'' !� ?V e 4 a.GRADE.RATE OR RANK 4 b.PAY GRADE 5.DATE OF BIRTH b.PLACE OF ENTRY INTO ACTIVE DUTY ' - i i 7 LAST DUTY ASSIGNMENT AND MAJOR COMMAND _ 8.STATION WHERE SEPARAT�:4�' t " 1 'ST1 �.1��iF4.d °�r � i ?�Fr r, ° .6 �•. a 4't a{., i«.3 `yLrs�d s (31' tea a ' i 9. COM,+naND TO WHICH TRANSFERRED 10.SGU COVERAGE ' vl .;I 000 NONE ! t�? ... i F�}x _ ,.,. AMOUNTS �'-T`• ' I I PRIMARY SPECIALTY NUMBER.TITLE AND YEARS AND 12.RECORD OF SERVICE YEAR(s) MON(s) DAY(s) MOi\ITH5 IN SPECIALTY (Additional specialty numbers and titles involving,periods of one or more years) 8.Dote Entered AD This Period ` rte a•?1 b.Separation Dote This Period C.Net Active Service This Period d.Total Prior Active Service e. Total Prior Inactive Service »_ 1 i L Foreign Service P,• Sea Service h. Effective Date of Pay Grade _E'41 I.Reserve Oblig.Term.Date {gib. 1 13.DECOR:.TIONS.MEDALS, BADGES. CITATIONS>>AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED(All periods of service) S t'. ..c,,.i 3.i-.-2" •.f ti Z.,ti C 5�:•v �''a`C C.6 J. . r p S,z r.�'�v t::P'.•�.. S Y� ..a�.s i_.�..�rr•.:o a. �-r I r. '✓� Ji f Ia.r�ILIiARY EDUCATION(Cyurs�,Ti�1es nu bar emhs,,, -7d mgnth r7d4ear completed) - :'.iJ .�SR�t.' w s: '�� ``ei F'-g"Ei'f:y3�1 SaIte11I j� -i'Ak'f: ?-•".5�•R" ar fi 4i r,• 4: a b y'y lJ if I Y 15.MEMBER CONTRIBUTED TO POST-VIETNAM ERA 16. HIGH SCHOOL GRADUATE OR EQUIVALENT 17.DAYS ACCRUED vETERANS'EDUCATIONAL ASSISTANCE PROGRAM ;j (r LEAVE PAID YES NO L_J YES NO LJ 18. REMARKS °, a" J a sa i x 1 f't A I 4•-' 1 r .. •- 1 1i V _ az L X 1 ft 19. AhING4.ADDRESS AFTER�PARATION 20.MEMBER REQUESTS COPY 6 BE �`� 'r`�. •��' x` SENT TO DIR.OF VET I •" i - - -- ----- -- - - . AFFAIRSa YES ❑NO I 21. SIGNATURE OF MEMBER BEING SEPARATED 22.TYP QrN D SIGNATURE OF OFFICIAL A` 0 G N1..to A.t. :; £'d`•'T ' ;'°i �' -;#'• i SPECIAL ADDRIONAL INFORMATION(For use by authorized agencies only) i 23.TYPE OF SEPARATION$= Y's� o}i 'lr!aC Ve dtjty 24.�HARACTER OF SERVICE (Includes upgrades)) - an -lfe,,� d to% E'?'lival Reserve 25. SEPARATION AUTHORITY 26.SEPARATION CODE 27.REENLISTMENT CODE vz - i 28. NARRATIVE REASON FOR SEPARATION R e e ,,- t f Yj^! a E }Y N f' T9 7 y . n j $e-r e d1 l° ln_ Naval R escl_ v L 29.DATES OF TIME LOST DURING THIS PERIOD 30.MEMBER REQUESTS COPY 4 1 INITIALS 5/1,01 i32•LF-000-2140 � � '—'— — --- -- -- U U10 —AffER AT-1-IS1225 00 CORPORATION ROMA WAR ANNUAL REPORT SECAf TARY OF STATE DOCUMENT # PvA;=85,%4 (0) 95 JAN 13 AM 905 BISCAYNE TO-WING & SALVAGE, INC. 10 N SAYSHM to =CUM OR UL40 FL 33132 WE c DO NOT VVRtIF IN THIS SPACF ligillm T 72! 0573 ill- -):7 —Z) ----T�� Tllw.J1 Fund Commbutimi El Addod t6 r-006 2:4] his h3o FI(3ntfp Sailifte, Yas E)No 81 Name 01 A 300 CARDINAL DR -- 2� o4z c.111:�—pr4pph zor- VERO BEACH FL 32M 641 Cii, /91�x 0-1 Ft 1851,1Wzet OFFO,HARRY C IV city M Iff, MIAMI FL 33139 HAMI Melly f-if All 41 11111 11 Lj Adiblig—q' SIR 11411111111 Yl city M AII 4101Y :0 111, rIIv WAY Y 1114 U.-1 11411 AIIIIIII i'Ja 14, 1(It,I'llitill,cimI4 livil IP"i uIlotishillilf I!011;10.10 Willi Ilvil 111141AI Ill Whil"Ifody hoftliji.jid 1111ij fl�mlfl fin!1111,1hry fill 1111!11411liq All!?III10st III'r-tivim I Ill 1-11114y if fill livil 101 1111olit In 11VIII,fliflit I I#$ihij tily it till till till!Ill 111111tall wlk lit ill Iftlil tirld lk-00ilill Aill I Will my'wpullioll littall hilvil 11111 Mimi kilpil(11611:1111,it 11114.11)tirlilott 1111111.litill I Wit iiii(IIIN 410 IV IllittChO Ill[fill C01kilillitlow 11RI iticimoto tv lititiliVi viItjzF6vvI1qj Iii jilifili:kIlil Ilipi jilljigt jil!jgttipill Ity t'llillpittl 1411 1 kPlifil IL.1111111LIli IfIlif[full lily Itilillo V911 0 011 lilt 714lit till 10.1111luk � POST THIS DOCUMENT IN A CONSPICUOUS PLACE. THIS IS NOT A BILL NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS `•- t tt UNLESS APPROVED BY THE FINANCE DEPARTMENT, DO NOT PAY} CITY OF MIAMI 444 S.W.2 AVE 6 FLOOR,MIAMI,FL 33130, PHONE(305)416-1918. EFFECTIVE YEAR OCT. 19 2011 THRU SEP. 309 2012 RECEIPT FOR BISCAYNE TOWING+SALVAGE INC This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the ISSUED OCT 03,2011 TOTAL FEE PAID $68.00 City nor does it exempt the holder from any Incense or permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business,profession or occupation specified herein. The document indicates payment of the business tax receipt only. ACCOUNT NUMBER 474100-00681501 RECEIPT NUMBER 187060-0002 NAME OF BUSINESS BISCAYNE TOWING&SALVAGE INC gdall%mhl AM LOCATION 1635 N BAYSHORE DR#200 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: BOATS:TOWING&LIGHTERING-BOAT DIANA M. GOMEZ Finance Director r www.sunbiz.org - Department of State Page 1 of 2 �LO• r id 06A "af �. Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History I Submit I Detail by Entity Warne Florida Profit Corporation BISCAYNE TOWING&SALVAGE,INC. Filing Information Document Number P94000085564 FEI/EIN Number 650537750 Date Filed 11/21/1994 State FL Status ACTIVE Principal Address 1635 N BAYSHORE DR. MIAMI FL 33132 Changed 01/05/2011 Mailing Address 1635 N.BAYSHORE DR MIAMI FL 33132 US Changed 01/05/2011 Registered Agent Name &Address OFFUTT,HARRY C IV i 1635 NORTH BAYSHORE DRIVE MIAMI FL 33132 US Address Changed.01/11/2012 Officer/Director Detail Name&Address Title DPST OFFUTT,HARRY C IV 1717 N.BAYSHORE DR. MIAMI FL 33132 Annual Reports Report Year Filed Date 2010 01/09/2010 I 2011 01/05/2011 2012 01/11/2012 Document Images 01/11/2012--ANNUAL REPORT( View image in PDF format 01/05/2011 --ANNUAL REPORT I View image in PDF format 01/09/2010--ANNUAL REPORT I View image in PDF format 03/24/2009--ANNUAL REPORT I View image in PDF format ( http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P94000085 564&in... 4/24/2012 www.sunbiz.org- Department of State Page 2 of 2 P 01/08/2008--ANNUAL REPORT I_ View image in,PDF format I 01/04/2007--ANNUAL REPORT j View image in PDF format j 01/06/2006--ANNUAL REPORT! View image in PDF format I 01/13/2005--ANNUAL REPORT I- View image in PDF format 07/01/2004--ANNUAL REPORT View image in PDF format I r 01/'t 0/2003--ANNUAL REPORT I View image in PDF format i r 01/24/2002--ANNUAL REPORT View image in PDF format 1 P 02/08/2001 --ANNUAL REPORT View image in PDF format 01/14/2000--ANNUAL REPORT i View image in PDF format i 04/14/1999--ANNUAL REPORT View image in PDF format I r 01/23/1998--ANNUAL REPORT I View image in PDF format I P ' 02/04/1997--ANNUAL REPORT I View image in PDF format i 02/01/1996--ANNUAL REPORT i View image in PDF format I 01/13/1995--ANNUAL REPORT View image in PDF format Note:This is not official record.See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History I Submit I Home I Contact us i Document Searches i E-Fiiina Services I Forilris I Help I Copyright D and Privacv Policies State of Florida,Department of State http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P94000085564&in... 4/24/2012 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P94000085564 Se ret 11y'®®St to Entity Name: BISCAYNE TOWING&SALVAGE, INC. Current Principal Place of Business: New Principal Place of Business: 1635 N BAYSHORE DR. MIAMI, FL 33132 Current flailing Address: New flailing Address: 1635 N. BAYSHORE DR MIAMI, FL 33132 US FEI Number:65-0537750 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: OFFUTT, HARRY C IV OFFUTT, HARRY C IV 1717 N. BAYSHORE DR 1635 NORTH BAYSHORE DRIVE 1146 MIAMI, FL 33132 US MIAMI, FL 33132 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: 01/11/2012 Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: DPST Name: OFFUTT,HARRY C IV Address: 1717 N.BAYSHORE DR. City-St-Zip: MIAMI,FL 33132 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: HARRY C_OFFUTT IV DPST 01/11/2012 Electronic Signature of Signing Officer or Director Date SE'_ A C1111 H cs�Miari-i Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,-,v,.vw.miarnibeochfI.9ov PROCUREMENT DIVISION Tel:305.673.7490 Fax:786.394.4006 I /5LIA A50 It � � � TO: Phone Fax: E-mail: 1.5 op, boo 5a ec rn Subject: Performance Evaluation of Aim '01f __T7 Number of pages including cover: 2 �5 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFP). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFP No. 26-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsaris, Sr. Procurement Specialist, on or before April 18, 2012, via fax: 786.394.4006, or e-mail Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 3/22112 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 37 of 38 M I' A M i =A C H "My al,'Miumi Becch' 1700 Convention Center Drive,Miami Beoch,Florida 33139,vAvw.miamibecchfl.cov PROCUREMENT DIVISION, Tel:305.673.7490 Fax:786.394.4006 11 4 • & To: (f - —.9 1 4 1 r Phone: 73 - Fax: E-mail: Subject: Performance Evaluation of laic 1Z Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFP). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFP No. 26-11112 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsads, Sr. Procurement Specialist, on or before April 18, 2012, via fax: 786.394.4006, or e-mail Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 3/22112 City of Miami Beach RFP No:26-11/12 Removal and Disposal of Derelict Vessels 37 of 38 Cif of Mimmi Beacirt, 1700 Convention'Center Drive,Nliarni Beach, Florida 33139,www.rniamibeachFl.gov PROCUREMENT DIVISION Tel:305.673.7490 Fax:786.394.4006 TO: Phone: Fax: 1 4 t W'. C-I- " 1h E-mail R� i n,lob Y -� I Subject: Performance Evaluation of A66,e 4& " -:2�C �L,e Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFP). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFP No. 26-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsaris, Sr. Procurement Specialist, on or before April 18, arn 2012, via fax: 786.394.4006, or e-mail --ib Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 3!22112 RFP No:26-11/12 City of Miami Beach Removal and Disposal of Derelict Vessels 37 of 38 A M, B"A H Cil.)f of Miami Beach, 1700 Convention Center Drive,hAiami Beach,Florida 33139,vP.vw.miamibeachFl.9ov POVIOCUREMENT DIVISION Tel:305.673.7490 .Fax:786.394.4006 To: Phone: lop rac7/ 0. . - 'L7 ��� Fax: 30 5' E-mail: Subject: Performance Evaluation of /31 , &i A Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFP). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFP No. 26-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsads, Sr. Procurement Specialist, on or before April 18, 2012, via fax: 786.394.4006, or e-mail Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 3/22112 City of Miami Beach RFP No-26-11/12 Removal and Disposal of Derelict Vessels 37 of 38