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AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
H20 TOW
FOR
REMOVAL AND DISPOSAL OF DERELICT VESSELS ON AN "AS NEEDED"
BASIS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06
THIS AGREEMENT made and entered into this /? '1tay of ~, 20Qt.~y and
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a
municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and H20 TOW, a Florida corporation, whose address is
270 Greenwood Drive, Key Biscayne, Florida, 33149. (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 "E" hereto.
Fee: Amount paid to the CONTRACTOR to cover the costs of the
Services.
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. 6435, and fax number (305) 673-
7023.
CITY CLERf<
1
SECTION 2
SCOPE OF SERVICES
2.1 GENERAL
The City is entering into this Agreement for the removal and disposal of derelict
vessels, on an "as needed basis", as set forth in Request for Proposals (RFP) No. 15-
05/06, together with all amendments thereto (the RFP) , and CONTRACTOR's Proposal
in response thereto (and collectively referred to as Proposal Documents and/or the
Services). The Proposal Documents shall set forth the Services to be provided pursuant
to this Agreement and are attached and incorporated as Attachment "E" hereto.
The Services will be provided by the Contractor to suffice all requirements as may
be set forth by the Federal Emergency Management Agency (FEMA), which provides
public assistance funds for debris clearance, removal and disposal operations.
2.2 MIAMI BEACH DERELICT VESSEL PROGRAM
The CONTRACTOR will be responsible for, and provide to the City, supporting
documentations to include:
Dive, patch and re-float 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 disposal.
Provide detailed documentation of all work performed to include the numbers of
hours worked by date and full name of individual who performed the work.
Coordinate with U.S. Coast Guard, Florida Fish & Wildlife Commission, Miami
Beach Marine Patrol Division, and Procurement Office.
Provide record of vessel registration number, location, and photograph of each
stage of the removal and disposal process.
Provide notification by certified letter to private owners of impending vessels
removal.
Contact the owners to provide an opportunity to remove the vessels prior to local,
State or Federal government initiation of vessel removal.
- Advertise via public notice in local newspapers of every vessel removal.
Keep a log that reflects an accurate count of vessel removed with corresponding
locations.
Generate scopes of work based on items to be removed.
- 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.
In the event of an emergency, such as a hurricane, CONTRACTOR will assist the
City in the removal and disposal of derelict vessels from public waters.
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The Services, or a portion thereof, shall be set forth in a Work Order, in substantially
similar form as the sample attached, as Attachment "A" hereto.
2.3 NOTICE(S) TO PROCEED
Authorization for performance of Services by the CONTRACTOR under this
Agreement shall be in the form of a written Work Order(s) issued and executed by the
City of Miami Beach and signed by the CONTRACTOR. A sample Work Order is
attached as Attachment "A", Each Work Order shall described the Services, or portion
thereof, required; state the date for commencement and completion of the Services; and
establish the amount and method of payment. The City of makes no representation or
warranty as to the number of available projects, nor that the CONTRACTOR will perform
any project for the City of Miami Beach during the Term of this Agreement.
The City, through the City Manager or his designee, will issue a first Notice to
Proceed to CONTRACTOR for each Work Order issued. CONTRACTOR shall provide
the City with cost and schedule (number of calendar days) for the removal and disposal
of derelict vessels contemplated by the Work Order. Notwithstanding, the issuance of a
Notice to Proceed, each Work Order shall be approved by the City and duly executed by
the City and CONTRACTOR. No work shall be compensated that is not in accordance
with an approved Notice to Proceed.
3.1 FEE
SECTION 3
COMPENSATION
The CONTRACTOR shall be required to submit a written estimate for the
proposed Services, or portion thereof before a Work Order is issued. 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 response to the RFP, and must be approved prior to commencement
of any Services, or portion thereof, under a Work Order.
3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW
CONTRACTOR acknowledges that it shall be subject to comply with the City's
Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as
same may be amended from time to time, CONTRACTOR shall be required to pay all
employees who provide services pursuant to this Agreement, a living wage of no less
than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total
minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without
health benefits. CONTRACTOR's failure to comply with this provision shall be deemed
a material breach under this Agreement, under which the City may, at its sole option,
immediately terminate the Agreement, and may further subject CONTRACTOR to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as may
be amended. The most recent copy ofthe City's Living Wage Ordinance is attached as
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Attachment "D" hereto; notwithstanding the preceding, it shall be CONTRACTOR's sole
responsibility and obligation to familiarize itself with the Living Wage Law, as well as any
subsequent amendments thereto,
3.3 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 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
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Cost of Services
Name and address of the CONTRACTOR
- Work Order number
RFP No.
Notice(s) to Proceed issued by the City.
Documentation relative to the coordination with U.S. Coast Guard, State Marine
Patrol, and any and all other applicable Federal, State, County, and Local
government agencies.
Global Positioning System survey methods or some type of flotation marker to
pinpoint location of vessels,
Records of vessel registration number and photographs of each wreckage.
Certified notification to private owners of impending vessels removal in
accordance with legal constrains.
Documentation of contacting the owner to provide an opportunity to remove the
vessels prior to local, State or Federal government initiation of vessel removal.
Record of publication of public notice in local newspapers.
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:
Lisa Botero
Acting Public Works Environmental Resources Manager
Public Works Department
City of Miami Beach City Hall
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With copy to:
Gus Lopez, CPPO
Procurement Director
City of Miami Beach City Hall
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
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
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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 ofthe 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, ordinances, and regulations of the City, Miami-Dade County, State
of Florida, and Federal Government.
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. At its sole
discretion, the City may renew this Agreement, upon the same terms and conditions, for
up to three (3) 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).
4.3.1 Commencing on October 1 , 2007, the Hourly Billing Rate Schedule may
be adjusted annually, at the City's sole discretion and judgment, based
upon the Miami - Fort Lauderdale Consumer Price Index issued by the
U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment
shall be calculated by multiplying the ratio of the April index divided by the
previous year's index by the Hourly Rate Schedule to define the new
Hourly Rate Schedule.
If increased by the City, the maximum annual increase will be limited to
three percent (3%). The increase to the billing hourly rates will be at the
City's sole discretion and only following evaluation of the
CONTRACTOR's performance during each year throughout the term of
this Agreement.
4.4 TIME OF COMPLETION
The Services to be rendered by the CONTRACTOR shall commence upon
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receipt of a Notice(s) 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.
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-Contractor's, or any other person or entity acting under CONTRACTOR's
control, including with out 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 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
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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
PROPOSALS NO. 15-05/06, 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.
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
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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 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, 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.
2. Worker's Compensation: A policy of Worker's Compensation and Employer's
Liability Insurance in accordance with State of Florida worker's compensation
laws (as required per Florida Statutes) and U.S. L. & H / Jones Act per Federal
Law (if required),
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
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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 with out 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 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
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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
I n 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).
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Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR:
H20 TOW
Attn: Henry Tellan, Principal
270 Greenwood Drive
Key Biscayne, Florida 33149
(786) 797-7836
TO CITY:
Lisa Botero
Acting Public Works Environmental Resources Manager
City of Miami Beach City Hall
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With copies to:
Gus Lopez, CPPO
Procurement Director
City of Miami Beach City Hall
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed 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 JURISDICTIONNENUE
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 Proposals (RFP) No. 15-05/06, together with all amendments thereto, and
CONTRACTOR's response to the RFP (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
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Proposals No. 15-05/06, 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 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 with
out 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 lor the
provision of services hereto.
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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
By:
J1lw~ rCU~
City Clerk
Robert Parcher
ATTEST:
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Date
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Date
FOR CONTRACTOR:
H20 TOW
ATTEST:
By~/~&2:k-
Secretary
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Print Name
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Date
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Print Name
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Exhibits:
Attachment "A" - Work Order
Attachment "B" - FEMA Guidelines
Attachment "C" - Insurance Checklist
Attachment "D" -The City's Living Wage Ordinance
Attachment "E" - Request for Proposal No. 15-05/06, AddatRBMN&DIAB2rO
thereto, and Contractor's response to NAU=~LANGUAGe
Attachment "F" - All Contractor's Risk Assessme nIL FOR EXECUTION
J
7-/C:../ · 'A ~~~01
_.,-' .:, ttomey ~
14
m
......
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
WORK ORDER
"ATTACHMENT A"
Tel: 305-673-7490, Fax 305-673-7851
Date:
Work Order Number:
TO: H20 TOW
Attn: Henry Tellan
270 Greenwood Drive
Key Biscayne, Florida 33149
(786) 797-7836
Pursuant to the Agreement between the City of Miami Beach and the above named firm for
REMOVAL AND DISPOSAL OF DERELICT VESSEL SERVICES PURSUANT RFP-15-05/06 (the
Agreement), you are directed to provide the following:
SCOPE OF SERVICES: (Attach additional pages if needed)
ATTACHMENTS TO THIS WORK ORDER:
[ ] drawings/plans/specifications
[ ] scope of services
[ ] special conditions
METHOD OF COMPENSATION:
[ ] fixed fee basis
[ ] time basis not-to-exceed
[ ] 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
Attachment "B"
FEMA Guidelines
19
1------ .~-_-:':---=----:--. -.-.~-_.:-. ._-~.
!~
'~, Navigation Hazard Removal Cheddlst.
The following checklist should be used to
ensure that all aspects of removing
navigation hazards are considered.
e Coordinate with U.S. Coast Guard,
State Marine Patrol. local
government agencies and legal
counsel.
0 Inspect marinas to locate debris:
· Visually by helicopter or boat.
· Via side-scan sonar.
. Via diving.
0 Use Global Positioning System
survey methods or some type of
flotation marker to pinpoint location
of sunken debris.
0 Keep a log that reflects an accurate
count of debris items with
corresponding locations.
0 Record the vessel registration
",... number and photograph the
.J wreckage.
0 Provide notification by certified
letter to private owners of impending
vessel removal. This should be
penormed in accordance with legal
constraints.
0 Provide the owner an opportunity to
remove the vessel prior to local,
tribal. State or Federal government
initiation of debris removal.
0 Provide public notice in local
newspapers,
[J Generate scopes of work based on
items to be removed.
0 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
proce.ed. 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.
e Maintain continuous communication
with local. tribal and State
authorities.
o Continually verify the number and
location of sunken vessels and
ensure that accurate records arc
maintained.
o 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.
D Ensure that contracts and the cleanup
schedule incorporate tidal
constraints. Debris located in
shallow areas may be inaccessible to
contractor equipment during low
tide.
40
,
.
;
,
procedures are established for separation
and removal of such materials prior to
debris removal. Household hazardous
waste typically found on-site includes
cleaning supplies, propane tanks, paint
cans, paint thinners, pesticides,
refrigerators and freezers. A qualified
environmental contractor should be
hired to ensure proper removal and
disposal of asbestos, lead-based paint
and other commercial, agricultural or
industrial hazardous waste,
· Conduct initial inspections of the mobile
home park with representatives from the
local government, public health office,
building and zoning office, real estate
office and other State and Federal
officials.
· . Ensure that the contract scope of work
reflects findiogs of the field inspection.
· Ensure that the mobile homes are
unoccupied.
· Ensure that the property is posted in
accordaitce with local regulations and
that mobile home owners have removed
their pel:sonal property.
· To avoid subsequent disputes, ensure
that any agreement made with the
mObile home park owner is in writing.
· Obtain photographic documentation of
mobile home sites prior to
commencement of work.
· Have organic and perishable materials
removed from the site.
MobUe Home Park Utilities. Local
officials should accomplish the following
actions:
· Consider whether using heavy
equipment will cause further damage to
existing utilities.
· Be responsible for turning off utility
services, such as water, telephone,
electricity, natural gas and propane gas.
· Flag septic tank locations prior to debris
removal. Special care must be given to
protect septic tanks during debris
removal operations.
Debris Removal Contracts. Contracts
should include provisions for the following:
· Provide that all private automobiles are
stored in a specific location within the
park to be retrieved later by the owners.
· Provide salvage rights to the contractor
for materials remaining on-site at the
time of debris removal where beneficial
to the govemment.
· Require flagging of existing utilities
prior to debris removal,
· Use rubber tire vehicles and backhoe
with grapple attachments to protect
existing utilities.
· Require the contractor to phase debris
, removal operations to allow utility repair
and or replacement to begin immediately
after an area has been cleared.
Navigation Hazard Removal
Coordination. Damage to publicly owned
marinas caused by a major natural disaster
can include abandoned sunken boats and
other debris that may impede navigation.
The designated debris manager and staff
should coordinate with the U.S. Coast
Guard, State Marine Patrol, local
government agencies, legal counsel,
contractors specializing in marine salvage
operations, commercial divers and cenified
surveyors to ensure that navigation hazards
are removed safely and efficiently,
39
lD
.....
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
INSURANCE CHECK LIST
"ATTACHMENT C"
Tel 305-673-7490, Fax: 305-673-7851
xxx 1,
XXX 2,
XXX3,
XXX 5,
Workers' Compensation and Employer's Liability per the statutory limits of the state
of Florida and U.S,L. & H / Jones Act per Federal Law (If required).
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 requirements" of specifications),
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included (To be provided with the executed Agreement),
4,
Excess Liability - $
, 00 per occurrence to follow the primary coverage,
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate,
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
$
$
$
$
$
,00
,00
,00
,00
,00
XXX Professional Liability
$1.000.000 .00
xxx 7,Thirty (30) days written cancellation notice required,
xxx 8,Best's guide rating B+: VI or better, latest edition.
xxx g,The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after Proposal opening,
Contractor's Name
Signature of Contractor's Representative
(Please attach a copy of the insurance certificate)
16
Attachment "0"
City's Living Wage Ordinance
17
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLm uLIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION". BY
ESTABLISHING A LIVING WAGE REQlnREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPWYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICA nON, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private finns contracts to provide serviccs for
the public. The City also provides financial assistance to promote economic development andjob
growth. Such expenditures of public money also serve the public purpose by creating jobs,
ex.panding the City's economic base, and promoting economic security for all citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose to
promote the creation of full-time, pennanent jobs that allow citizens to support themselves and their
families with dignity. Sub-poverty level wages do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
wages by providing their employees with social services such as health care, housing, nutrition, and
energy assistance. The City has a responsibility when spending public funds to set a community
standard that pennits full-time workers to live above the poverty line. Therefore, contractors and
subcontractors of City service contracts should pay their employees nothing less than the living wage
herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFOR& BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Uving Wage Requirements for City Contracts", of Article
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration"
is herd>y created to read as follow:
10f9
Chapter 2
ADMlNISTRATION
. ... .
Article VI. Procurement
... . .
Division 6. Uyine Wa,e Requirements for Service Contracts and City ;gtnQloyees
... * ...
Section 2-401.Re&erwed
Deftnltlons
(a) "City" means the 8-ovemment of Miami B~h or any authorized a,C(J1ts. any bo8(d..l
aiency. commission. detJartment. or other entity thereof. or any successor thereto.
(b) flCove~ Emoloyee" means anyone employed by the City 9r any Service Contractor. as
funher defined in this Division. either full or part time. as an emoloyce with or without
benefits or as an independent con~tor.
(c) "Covered Employer" means the City and any and all Service Contractors. whetber
contractinll directly or indirectlv with the City. and subcontractors of a Service Contract~~.
(dl "Service Contractor" is any individual. business entity. corooration (whether for pI'Qfi!
or not for profit)t oannership. limited liabili~y company. joint venture. or :i:ar busin~s
who is conductine business in ~ami Beach. or Miiuni D8de Coun~y. a~d e s one (1) of
the two (2) followin, criteria:
(1) The Service Contractor is:
(a) 1>aid in whole or Dart ffQP1 one or more of the City's. FIle{8l ~d..
capital proiect finds. soeciaJ ~vcnue funds. or any other funds either
di~tly or indirectly. whether by comoetitive bid Dl"OCCss. informal
bids. requests for prooosals. some form of solicitation. negotitJion. or
a2l'eCment. or any other decisiqo to enter into a contract; or
(b) engaged in the business of. or pan of. a contract to DfOvide. a
su~ontract to provide. or similarly situated to DI'Ovide. services.
either directly or indirecdv for the benefit of the City. However. this
does not l\P,Ply to contracts related primarilv to the sale of products or
goods.
(e) "COvere9 Serviccs" are the twe of services Durchased bv the City that are subject to the
requirements of lbi, Division which include the following:
(1) City Service Contracts
Contracts involvin, the City's ex..penditure of over $100.000 per year and ~hicll
include the (oUowin, tVDCa of s~rvi~~
(1) food preDaration and/or distribution:
(2) securi~ services:
(3) routine maintenance services such as custodial. cleaning.
computers. refWle removal. re,pair. refinishinsz. and recycling:
20f9
(4) cl~cal or other non-supervisory office work. whether tcmpor8J:y
or oennanent:
(5) tran~ortation and garkin, services:
(6) printing and rcpr,sxtuction ~iccs:
(7) landscaping. Lawn. and or aJricultural services: and
(8) Dark and DubHe Dlace maintenance
(2l Should anv services that are beinll petfonned bv Citv Emnlovees aI: the time this
ordinance is enacted be solicited in the future bv the Citv to be nerfQrrned bv a
Service Contractor. such services shall be Covered Services subiect to this DivisiM.
SECI10N 2.0408. ReI.~_ LIVING WAGE
(ill l-il'lne Waee PJ!ld.
(1) Service COlttractoq,
All Service Contract9D. ~ define4 by this Division. entering into a contract with the
City of Miami B~ach shall pay to all its emplQyee5 who provide services covered by
this Division. a living wage: gf no leas tjll\11 S8.56 an hour with health ~ncfits. qr a
liyjnl!: waRe of not less than $9.81 an hour without health bc~fits. 88 described in
thi~ Sectiolll
(2) Otv EmDlovea.
For City Em.pla~ under tile Citv Dav olano the City will beiin to pay a livio2 waec
consistent with we eoals and lenna af this Division on phase-in basis ~8inning in
the 2001-2002 City ~ud8et year. increasing on an annual basis incremen~JlUy so tbllt
the Living Wa*e is fully implemented for City employees in Jj1e 2003-2004 Cjty
bu~set year as may be actiusled pursuant 10 subsection (c) below. Thereafter. the
Li'tjp, Wasre to be oaid bv the Citv to its emolovees ~a11 not be subiect to the annual
indexinll usinll the Consumer Price Index. for all Urban Consumers (CPI-ill reauired
under subsectiq,t (C<) ~~9w and inste8~ shall be subiect to nellotiations within the
collective banzaininll sttwitu~.
(b) Health Benefits. For a Covered Emplover or the Ci\y to comply with the living wage
Drovision by choosin~ to pay the lower walt scale 8vaila~1~ ~.ben a Covered Emplo. also
PrPvides health benefits. such health benefits shall consist of payment of at least S 1.25 per
hour towards the provision of health care bC1\efll~ fQr Covered Employees and their
de~ts. If the health benefits plan of the Covered EmDloyer or the City reauires an
iqitUll m:riod of emplovment for 8 new employee to be eligible for healUl benefiy (e}jgi~i1i~
pgiod) such <;ove~ ~~loyer Of Ci~ ml\X gualify to Dav the $8.56 per hour wage scale
during the new employee's initial elillibilitv period provided the new emploYee will be paid
health benefits U>>9Jl completion of the eligibility period. Proof of the proyisiQJ1 of health
benefits mUlt be submitted to the awarding authority to qualify for th~ wase rate for
emDlovees with health benefits.
eel IndexllU!o The livin~ wasze will be automaticallY indexed ~h year using the C9Dsumer
Price Index for all Urban Consumers (CPI-U) unless the City Commission determines
it would Qpt be fiscally sound to im,plement the GPI-U in a particular ~ar.
30f9
Cd) Certlftc:atlon Reoulred Before Pavment. Anv and all contracts for Covered Services
~hall be void. and no funds may be released. .unless prior to enterin2 any agreement with
the City for a Covered Services contract. the employer certifies to the City that it will ~
each of its employees no less than the living wQle described in Section 2-408 (a).' A
copy of this certificate must be made available 10 the public upon request. The
certificate. at a minimum. must include the followinJl:
(1) ,he name. Address. and phone number of the employer. a local contact
person. and the specific oroiect for which the Covered Services contract
is soueht:
(2) the amount oC the Covered Setvices contract and the City Department the
contract will serve:
(3) a brief dcscriotion of the prQ;ect or service provided:
(4) a statement of the wa~ levels for all emDlo~s: and
(5) a commitment to pay all enw10yees a living WBJe. as defined by
DaraRraoh Section 2-408 (al.
(e) Observation or Other Law.. Even' Covered Emolovee shall be oud not less than
biweekly. and without subsequent deduction or rebate on any account (exceot as such
pavroIJ deductions as are directed or permitted bv law Qr by a collective bBrJaining
a21"Cemcntl. The Coveryd Emp19)'Cf shall pay Covered Employees waRe rates' in
accordance with federal and all other aDDlicable laws such as overtime and similar wa8e
laws.
(f) Po_tin,. A COPy of the livin, walle rate shall be kept posted bv the Covered Emoloycr
at the site of the work in a orominent Dlace where it can easilv be ~n and read by the
Covered Emplo}'J:es and shall be sQpplied to the cIQployee within a reasonable time after
a request to do so. Poslin2 requi~ents will not be required where the Covered
Emplovcr prints the following statements on the front of Ihe Covered Employee's first
p~chcck and every six months thereafter: "V ou are reauired by OW of Miami Beach law
to be paid at least $8.56 dollars an hour. Ifvou are not paid this hourlx rate. contact your
employer. an attorney. or the City of Miami Beach." All notices will be printed in
En8lish. Spanish. and Creole.
(Ill Collective Barmlin~ Nothinl! in this Division shall be read to ~re or authorize any
Covered Employer to reduce W&2CS set by a collective barpining agreement or are
required under any prevailin3 w83C law.
40(9
SECTION 2-409. Rel8I'ved
IMPLEMENTATION
(a) Procurement Soeclftcations. The livin2 waRe shall be reauired in the orocurement
specifications for all City service contracts for Covered Services on which bids or oro{KlsaIs
shall be solicited on or after the effccJivc date of Ihis Division. The DfOCurement
soceifications for applicable Covered Servic~s contracts shall include a requirement that
Service Contractors and their subcontractors 82ree to produce all documents and records
relatinl to payroll and compliance with this Division upon request from the City. AJI
Covered Service 99ntracts awarded subsequent to the dale when this Division becomes
effective. shall be subiect to the requirements of this Division.
(b) Information Distributed. All reauests for bids or reaueats for OroDOSaJS for Covered
Services contracts of $100.000 or more shall include aDDroDriate infonnation about the
requirements of this Division. I
(c) MaJntenance of Payroll Records. Each Q>vered EmDJOyer shall maintain oaVlOUs for
all Covered Employees and basic records relating th~to and shall preserve them for a period
of three (3) years or the tenn of the Covered Services contract. whichever is lZt"eater. The
records shall contain:
(I) the name and address of each Covered Employee:
(2) the iob title and classification:
(3) the number of hours worked each day:
(4) the emss wqes earned and deductions made:
is) annual w.ies paid:
(6) . COPy of the social security I'Cturns and evidence of oavment
thereof:
(7) a record of fringe benefit payments includiOl! contributions to
approved plans: and
(8) any 9th~r data or intonn.tion this Division sho~ld require from
time to time.
(d) ReuortJnl! Payroll. Everv six (6) months. the Covqe4 Emolover shall file with the
Procurement Director a ~PDlnlete oavroU showimr: the Covered Bmplover's Davron
records for each Covered EmDlovwre workin2 on the contractCs) for Covered Services 'for
one o-..vroll oeriod. Uoon reouest from the City. the Covered Employer shall produce
for inS1'CCtion and copying its D8vroll records tor any or all of its Covered Employees for
any period covered by the Covered Service contract. The Citx mav examine oavroll
records as needed to ensure comnliance.
SECTION 1-410. Re8epred
COMPLIANCE AND ENFORCEMENT.
(a) Service Contractor to COODeI'Ilte. The Service Contractor shall oermit Ow emDlovees.
a~nts. or representatives to observe work beinS pcrfonned at. in or on the proiect or matter
for which the Service Contractor has a contract. The City ~presentatives may examine the
books and records of the Service Contractor relating to the employment and \)ayroll to
determine if the Service Contractor is in comDliance with the provisions of this Division.
50f9
(b) CoIDDlalnt ProacIures and SuetloDs.
l!) ~ ~mployee who believes that this DivisiQl1 ID-,plies or llDDlied to him or her ~d
that the Service Contr~tQ!. 2r the City. is or was not complyin, with the
requirements of this Division has a right to file a complaint with the Procurement
Din;ptor of the City. ComDlaints by emDlovees of alle2ed violations may be made
at aoy time and shall be investipted within thirty (30) days ~ llle ~it~ Written and
oral statements bY an emplovee ,hall be treated as confidential ang shAll not be
disclosed witl10ut the written consent of the employee to the extent ~Jawed bv the
Florida Statutes.
(2) Anv individual or entity may also file a complaint with the Procurement Director
of the City on behqlf of an employee for investigation bv the Oty.
l3} !1 shall be the responsibility of the City to investi~at~ all allegations of violations
of this Division within thiny (30) days. If. at any ti~. the qty. qpon investigation
detennines that a violation af this Division has occurred. it shall. within ten nO)
working <U\ys of a (iodin, of noo-camp'i8Qce. i$sUC a notice of correcti ve action to
the employg s~ifyjnl! all areas of oon-comoHance and deadlines fot re~utions of
the identified viol~ons. If a Service Contractor faiJslQ comply with any notice
issu~. the J:;ity Manaaer or the City Man~er'a design~ may issue an order in
writimr to the Service Contractor. by certificcJ mtil or hand deliverv. notifYing the
Service Contractor to appear at an administrative hearip, before the City Manlier
or the Ci~ Manq:er's 4Rsi8l1ee to be held at a time to be fixed in such order.. which
date shall be not less than five (5) days after service thereof.
(4) The p~cedings shall be infonnal. hut shall affQrd the Service Contractor the
rilht to testifv in the Service Contrlc;tor's own dcfen$C, present Witl1C88CS. be
reoresented bv counsel. submit relevant evidence. cross ctxan)ine witnesses and
object to evidence.
(5) The proceedinas fb{l11 be recorded and minute.s kC-Pt by the City. Any $eryic~
CQntractor l'CQl.1i{inl! verbatim minutes for iudicial review may amnle for the
services of a coun reDortcr at the exocnse of the Service Contractor.
(6) Within ten (10) days of the close of the heaPn~. the Ci~ Man&Jer or the City
Manager's designee shall render a decision in writin2 determininc whether or not
the Sqyice Contr@&:tor is in compliance. or whether other actiQn "'oQid be taken.
or whether the mau.et Ihould be continued. as the case may be. and stMinl! the
reasons and fi~n2.s of fact.
(7) The City Manaier or the Cit,x M~r's desiancc shall file flndin,s with tbe(
City Clerk. and shall send a we and ~mrect ~y of his order by certified mail.
return receipt requcsted. or bj' hand delivery. to the business address u the
S~rvice Contractor shall designate in )\'lj~ing.
CS) Th~ City Manu:er's or desipee's findinRs shall constitute the 6uar
administrative actioo of tbC City for pUl])()S~ of iJJdi~a1 ~vicw under s!ltc law.
6of9
(9) If a Seroce Contractor fails to seek timely apj)Cllate review of an order of the
City Manll2cr or the City Manlier's dcsi8flcc. or to comply timelv with such
order. the City may Dursue the enforcement of san~tions set forth in Section 2-
410 (c).
Cd Private Ri2ht of Action Anlns! Servlee Contrador Anv Covered Emn]ovee of Q[
form~r CQyered Emolovee of a Service Contractor may. instead of utiliziRfil the City
administrative DrOCedure ~et forth in this Division but not in addition to such nrocedure.
brinlZ an action bv fiJin2 suit 82ainst the Covered EI'f\PIQver in any court of comDetent
iurisdiction to eriforee the nrovisions of this Division and may be awmled back nay. benefits.
attorney's fees. and costs. The 8nglicable statute of limitations fQf s\JCh a claim will be two
(2) vean as orovided in Florida Statutes Section 95.1H4)(C) for an action for navment of
walles. The court may allO il1lDose sanctions on the Service Contractor. includin", those
Defsons or entities aidin2 or abettinsr the Service Contractor. to include walle restitution to
the affected CoveMd Emnlovce and damaRes oavable to the Covered Emnlovee in the sum
of un to S500 for each week each Service Contractor is found to have violated this Division.
Cd) SandloDl ARa.llIt Service Contractors. For violations of this Division. the Citv shall
sanction a Service Contractor bv reQuirine: the Service Contractor to pay waF restitution
aBbe employers expense for each affected employee ~d may access the following:
(1) The City m~ impose darnues in the sum of $500 for each week for each
employee found to have not been paid in accordance with this Division:
~
(2) The City may susnend or tenninate payment under the CQve~ Services
contract or terminate the contract with the Service Contractor: andlor
(3) The City may declare the emDloyer ineli2ible for future service contracts
for th= (3) years or until all nenalties and n:stitutiop bave been paid in full.
whichev~ is lonser. In addition. all employers shall be inelipble under this
section where principal officers of the emplover were orincinal officers of an
emDIQyer who vjolated this Division.
(e) Publk Record ~f Sanetlons. All such sanc;;tions recommended or imposed shall be a
matter of public record.
(f) SanCUOIIS for Aidlne and AbeUin2. The sanctions in Section 2-410 (c) shall IlIso aODtv
to any party or Danica aidinS( and abetting in any vi91ation of this Division.
(.g.) Retaliation and Dlscrlmlnadon Barred. A Covered BmDlover shall not dischar2e.
reduce the colJlPlmsation. or otherwise discriminate against any Covered EmDlo~ for
making a complaint to the City. or otherwise asseltine his or her riRhts under this
Division. participatin2 in any of its proceedin~s or using any civil remedies to enforce
Ills or her riihts under this Division. Alleutions of retaliation or di5Crimination. if found
true in a proceeding under par8Enlph (b) or by a court of comoetent iurisdiction under
Dar8UaDh lel. shall result in an order of restitution and reinstatement of a discharaed
Covered BmDlovec with back pay to the date of the violation or such other relief as
deemed appropriate.
7of9
(h) EnforcemeDt Powers. H necessary for the enforcement of this Division. the Citv
1_1I''''..: Co~js8ion may issue subjJOCoas. compel the attendance and testimony of
witnesses and production of books. oaoers. records. and documents relatin, to pavroll
records necessa!)' for hearin2. investiv:ations. and proceedinp. In case of disobedience of
the subpoena. the City Attorney may apply to a court of competent iurisdiction for an order
requirin2 the attendance and testimonv of witnesses and production of books. plq)Cl"S.
records. and documents. Said court. in the case of the refusal to obey such subpoena. after
notice to the person subpoenaed. and upon findin~ that the attendance or testimony of such
witnesses of the [)foduc::tion of such books. Dapers. records. and documents. as the case may
be. is relevant or necessary for such hearings. investiutions. or procccdinp. mav issue an
order requirin2 the attendance or testimony of such witnesses or the production of such
documents and anv violation of the court's order may be punishable by the court as contempt
thereof.
CD Remedies Herein NOD.Excluslve. No remedv set forth in this Division is intended to
be exclusive or a DrefeQuisite for assertins a claim for relief to enforce the ripts under this
Division in a court of law. This Division shall not be construed to limit an emolovee's right
to brinK a common hJw cause of action for wrondul tennination.
SECTION 2. REPEALER.
An ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERAIILITY.
If any section. subsection, clause. or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It j s the intention of the Mayor and City Commission of the City of Miami Beach. and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
<?f the City of Miami Beach, Florida. The sections of this Ordinance may be returned.
80f9
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th day of Aprl1 , 2001.
PASSED and ADOPl'ED this ~ day of April, 2001.
ATTEST:
fJ MAYOR
lZ{h~J' ~Lt1~
CITY CLERK
1st reading
2nd reading XX
Ord1nanc~ No. 2001-3301
APPROVED AS TO
FORM & LANGUAGB
& FOR BXECUTION
~y~
r-~?-oL
Date
I'CIllIIY_lI,.Ul)UIU~__.....___
90f9
ORDINANCE NO. 2003-3408
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE VI,
ENTITLED .'PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b), ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE
THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City award~ contracts to private firms to provide serVices for the
public and also provides financial assistance to promote economic development and job
growth; and
WHEREAS, such expenditures of public money also serve a public purpose by
creating jobs, expanding the City's economic base, and promoting economic security for all
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
topromate the creation of full-time. pennanent jobs that allow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care, housing, nutrition, and energy assistance; and
WHEREAS, the City has a responsibility when spending publiC funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore, contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City
employees.
NOW. THEREFORE. BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is
hereby amended to read as follows:
Chapter 2
ADMINISTRA liON
It * ..
Article VI. Procurement
It * *
Division 6. Living Wage Requirements for Service Contracts and City Employees
.. .. ..
SECTION 2-408. LIVING WAGE
... * ...
(b) Health liIeneftla. Fer a Covered Employer or the City tEl 69mply ..\~ith the 1i'.JiFlg \f.oaSB
prevision by ehoosiflg to pay the lewer '.'.'age 8aale available wt.eR a Cover:ea implByer
also pre'/idos I:\ealth beRBfita, ewcR healtA laenefit6 6hall GeRsiet ef payment of at lealt
$1.25 per hawr te\..~Af8 the pFe'.'islsn af health sare beflefi&6 fer CelJer:eEt Employees a~
their aopeAEoIents. If the heal~ laoRefits plaR ef the CGJ:erea Empleyer or the City FBEtwiFBS
aR iAitial period of empleyment fer a flew empleyee to laB eligible fer health aenefits
(eligibility peRod) EweA CoveFBct Emf3loyer or City may qwalif}' te pay the $8.66 per hour
wage sGale EoIwFiR8 the Aa''!: 8mpleyee's eligibility perie" pfO'o'i"ed Ute Flew e",pleyee will be
psi" health aenefitE upon sempletioA ef the eligis/llty perie". Preef of tAe proviSion of
hoaltA beAefi&a must lae subm*," to the a'.\fQFEtiRg al.ltt-'l9Fity to qyalify for tf:le '::age Fate for
employees with haalth beRefits.
Cb} Health Benefits: eligibility Derlod. For a Covered Employer or the City to comDly with
the livino waae orovlsion by chooslna to DaY the lower wace scale available when a
Covered Emolover also orovides health benefits. such health benefits shall consist of
payment of at least $1.25 oer hour toward the orovision of health benefits for Covered
Emoloyees and their dependents.
If the health benefits olsn of the Covered Emplover or the City reouires an initial period of
emolovment for a new employee to be elicible for health benefits (eUaiblllty period) the
Iiyina wace orovlslon shall be comolied with as follows durina the elicibllltv oenod:
(1) Provided the new emplovee will be paid health benefits UDon the comoletion of
the eliaibility period. a Covered Emplover or the CitY may only aualify to pav the
$8.56 per hour wace scale for a term not to exceed the first ninety (~O) days of
the new emolovee's aUaiblllty Derlod. said term commencina on the employee's
date of hire.
(2) If the Covered EmDJovers or the City's eliolbllltv oerted exceeds the ninety (90)
day tenn orovided in subsection (1) above. then the Covered Emolover or the
City. commencing on the ninety first (91.) day of the new emDlovee's eligibility
Deriod. must commence to Dava living waoe of not less than $9.81 an hour.
Proof of the ofovision of health benefits must be submitted to the awardino authority to
!Jualify for the waoe rate for emolovees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause. or provision of this Ordinance is held invalid, the
remainder shall not be affected by such Invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
returned.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this 30th
day of
. 2003.
ATTEST:
MAYOR
~J' ftU~
CITY CLERK
....-...,...,
1 st reading
2nd reading
~AS1O
PORM a LANGUAGE
afORlXECUhOH
~~~
T:\AGENDA'2003\apr0903\regular\Uvlng Wage Pfob Per 04 03 ord,doe
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NonCE IS HEREIY given tnet public hearings will be held lIy the Mayor and City Commission of the City fI Miami Beach. Aor1l1a. 1rl1lll'
Commiuion Chlmbtra, 3nllJoor. CIty Hall. 1100 ConvenUOn Canler Drive. Mini Beach, FJorllla. on WIdnudIY. Apt1130, ZIII03, It ...
....lIacI bIIow 10 cOIIIider thelollClWing QI1 firll reading:
at1~ .....:
AN ORDINANCE AABDING ORDWANCE t<<l. 1605. THE UHClASSlAED fNIPI.OVEES SAI.AIIY ORDINANCE; INCREASING ON THE RRST PAY
PERIOD EtIlING MAY 4. 2003, THE MINIMUM OF TIE RANGES BY .~ AND THE MAXIMUM OF THE RANGES BY 4%; NlO BY ESTA8USHING
THE ClASSIFICATIONS OF ASSISTANT DIRECTOR - HElGHBOltfOOD seRVICES, HOUSING MANAGER. OFACE OF COMI.lUNIlY Sf1Ml8
DIVISION DIRECTOR, lABOR RElAnONS DMSION, llfIECTOR, I.AIIOR RElATIONS TEDlHlCIAN I. SPEOAL EVENTS COORDINATOR. PUBLIC
Nff COOROlNATOR: AND AMENDING THE TITLES OF THE ClASSIFICATIONS OF HOUSING DEVELOPMENT DIVISION DIRECTOR 10
COMMUNITY DEvaOPMENT AND HOUSING DIVISlOH DIRECTOR. LABOR RElATIONS TCCHNICIAN TO LABOR AflArlOHS TECHNICIAH n.
TRAtNItIG DMlOPMENT COORDINATOR TO OflGANIZATlONM. DEVELOPMENT ANP TRAINING COORDINATOII. TRAINING SPEClAUST TO
OA6ANI2ATIONAl DEVELOPMeNT AND THAWING SPf:ClAllST; AND ABOllSlING TllE nm OF CLASSlRCAnON OF ASSISTANT TO THE
NEIGHfIORHOOD SElMCES DIRECTOA. Pll(MDING FOR A AEPEAlEIl, SfVERA8llrTY. EFFECTIVE DATE, AND CODlFlCAnON.
at 1D:1l1..ai.:
AN ORDINANCE AMENDrfG ORDINANCE NO. 789. TllE llASSIFIED EMPLCivees SAI.ARV ORDINANCE. FOIl ClASStRCAnoNS IN GROOP ~. BEING
OIliER ClASSIFICATIONS IN TllE ClASSIFIED SERVIQ: Nor COmEO BY A 8AIlGAJHING 11111: INCREASING ON THE FIlST PAY "moo BtOlNG
MAY". 2003. THE MINIMUM OF THE RANGES 8Y 4~AHD THE MAXJMUM OF THE RANGES 8V "":.AND 8V ESTAlUSHING TIE ctASSlRCATlON(SJ
OF ICE R/Hl( TECHN1CIAN AND SANITATION DPERATIOlIS SUPERVISOR; AMENDING TllE TITLES OF ClASSlRCATIONS OF PERSOIlNB. TECHNICM I
TO HUMNl ReSOURCES TECH/f1ClM r. PERSONNa TECliNlCWf U TO HUMAN RESOUACES TECHNICIAN ~, PERSONNel TEC~ICIAH II TO IOAAN
RESOURCES TECHNICIAN IN; PROVllING RIll A REPfALEIl, Sf'vaWIIurY, EFFECTNE DATE, AND CODIACATION.
... r...... 1110:11..,11.:
~ AN ORDINANCE AMENDING CHAPTER 2 OF TllE "'11\'" 8EACH CITY CODE ENTITlED "ADMINISTRATION"; BY AMENDING ARTJQ.E VI.
ENTITlfD. "PROCUREMENT"; BY AMENDING DMSlON e. ENTITI.ED "UVlNG WAGE RalUIREMENTS FOR CITY SERVICe CONTMCTS NtO
CITY EMPlOYEES.; BY AMENDING SECTION 2-408l8l. ENTITlED "HEALTH BENEFITS," THEREIN. ro l'RESCRIBE A MAXIMUM PERIOD Of
TIME FOR niE "EUGIBlUlY PERIOD," AS SAME IS DEFINED TllEREN, UNDER WHICH A COVEREO CONTRACTOR MAY OIJWFYTO PAY A
NEW EMPI.OVEE THE $8.56 PEA HOUR WAGE SCAlE; PROVIOING fOR REPEALER. SEVERABIUTY. CODIFICATION. ~D AN EffECTM DATE
inqultieS maw be directed III the Human f1e101I/'CII at(3OSl 673-7470.
11 t1:OlJ ....: .
AN ORDINANCE AMENDING SECTION 30- 7BlBl OF THE MIAMI BEACH CItY CODE ENTITLED .MmGAllOH: PROYIllING FOR MITIGATION
HEARINGS TD BE ItEIJID BY niE SPECIAl MASTER WITHIN ONE YEAR OF 1JlE ISSUANCE OF TllE AFRD4V1T Of COMPUANCE; PRlMOING
THE SPECIAL MASTER MA't ALSO HEAR MITIGATION REOUESTS BEYOND OfIE \'fAR AfTER rite AFFIDAVIT OF COMPl.JANCE UPON
N'PROVAL Of THEADMfNlSTRATION; PROVIDM; FOR 4 RB'EAl.ER, SEVERABJUTY, CClOlACAOON ~D AN EFFECTIVE DATE.
Inqu1r18s may be dfrecl8lllll lie NlIglIborlIODd SerYIces II (305) 804.2_
AU. INTalESTEO PARTlfS IN inril8d III aJJPQr at ltila maelitg, or Il8 represented br an agent, or 10 bprI&IllIelr YIIwa In wilting a~ to
Ih. CIIW Commiaaion, c/O the City CItIl\. 1700 ConvIfltiOn canter Drive, 111 Floor. CIty Hell. Miami Beach, FIoricIe 33139. Capla. aI thne,
ordNncl. ere MIlliIlIe tOf Public NPactlol1 dumg normsJ blIlinIIs hOIA _... CIty 08lk'a onrc:e. 1700 converllon C41nler _ 1st Floor. CiIJ
Hall, .mi Beach. Floride 33139, ThlllTlt8ling 1118)' Il8 CIllItlnutd and UIIcler such c:lrculllt18nc;q acldlllOll8ll8gal notice would not lie Provld8ll. '
Robart E, Parcl1lr. City atrk
ell)' 01 Mlllal Beach
Plnusnl to Section 288.0105. FII. SWt. the CIty l1ereby adVises tile public Ihat: if . peIlIon decides 10 appall any decialan mede by the
Diy Comrni.ion ",II" I'lIIPICt 1ll8lly matlar cOlllider1d at III mlltlng OJ: III helrllIlIo tueh pelSOI\ must ensur.thata Y8I1lallm record Dr
111. pllCtedlnllll fs made, which rec:anI includll the taalll10llY .nd 1Vfd8llce UPIJII which Ill. appaeIlIllO lie bUld. Thia notice doa not
c:onalIIuIa conllnt lIy Ihe CIty for th. intrOduction 0/' i1dmrlllion of olherwilllnldmlsaillle or IrrelevanllVide/ICl. nor dD88 It aulhorlle
challengee or 1f,lIleII. not ohrwiH allowed lIy taw.
In IClXlCdllllCll wllh ilia Am.rlcans With Olsallitltill Acl of 1990. pel1CN neactlng '1*111 flQ;ommodatiO/l to pertlcipate In lhls prOClldlng,
or ID "queat infonnallon on accuelor peraona with dlI.bililill, or to request thla publlcallon In acCe$$lble tormal. 0/' to rlClueet algn
lanGlIIG8lntarprellfl. shOuld comact Ihe CIty Clerk" Dffice at (305) 673-7411, dO later JIIan tour dlya prIlIr to the prqceectlnlJ, If I)eering
. impllirld. CCIltact the CII)' Oerk's otllce vlIlheFlofl~ .~Iey ~rvil:t nu.m~l'\J, I~DO) ~8771 (TTY) or (800) 965.8770 (VOICE). . .
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
to
.......
Condensed Title:
An Ordinance amending the living Wage Ordinance to provide a maximum health benefits e1IgIbUity period
during which a contractor may pay a new employee the lower $8.56 rate.
..sue:
Shall the City Commission create a consistency between the City and the City's contractors as to
maximum eligibility period for health benefits during which a contractor may pay a new employee the lower
$8.56 rate?
Item Sum #Recommendation:
Ordinance was approved by Commission 419103 and second reading, public hearing was set for 4I30I03.
By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that contractors and
subcontractors follow the Intent of the Living Wage Ordinance, continuing to set 8 community standard that
ennits full.tlme workers to live above the overt line.
Advisory Board Recommendation:
I N/A
FlnancJallnfonnatlon:
Source of
Fun.:
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"ti ~~"i~' :'~ i~fr:.::~;:~ _;l~:_ )!~~ :"--. -.r
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F: ance Dept.
City Clerk's OffIce Legl.'atlve Tracking:
I T.e. Addel1y
81 n..()ffs:
. .... '9,*p.~..1,1I;gt~~'f ";,' .
\=>c..Ll ~(H '\ .CA
AGENDA ITEM Rs- D
DATE q:3cJ -03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENlER DRIVE MIAMI BEACH, FLORIDA 33139
WWN.miamlbeachft. ov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ ~
City Manager 0 Y' 0
Date: April 30,2003
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMf
BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 8,
ENTITLED "UVING WAGE ~EQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2-
408(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A
MAXIMUM PERIOD OF TIlE FOR THE "EUGIBILITY PERIOD", AS SAME
IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR
MAY QUAUFY TO PAY A NEW EMPLOYEE THE $8.66 PER HOUR
WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Ordinance.
ANAL YS'S
The City has a responsibility when spending public funds to set a community standard that
permits full-time workers to live above the poverty line. In an effort to achieve this goal,
contractors and subcontractors of City service contracts must pay their employees nothing'
less than the living wage. Such expenditure of money also serves the public purpose by
creating jobs, expanding the City's economic base and promoting economic security for all
citizens.
General Criteria of LivinG WaG. Ordinance
The intent of a Living Wage continues to be to provide salary rates for full-time employees
equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages.
The Ordinance provided for a salary of $8.56 per hour for employees who already receive
health benefits and $9.81per hour for employees without health benefits. The Living
Wage Ordinance applies to City employees, contractors, and subcontractors of City service
contracts of $100,000 or more.
Per Section 2-408 (b) of the Living Wage Ordinance, "If the health benefits plan of the
Covered Employer or the City requires an initial period of employment for a new employee
to be eligible for health benefits (eligibility period~ such Covered Employer or City may
qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility
period provided the new employee will be paid health benefits upon completion of the
eligibility period."
City of Miami Beach employees are eligible for health benefits after 90 days of
employment. This means that the City is permitted to pay an employee the lower $8.56
rate during those first 90 days of employment because the employee will be eligible for
health benefits on the 91st day. If the new employee is oat be eligible for health benefits,
then the City must pay the higher rate of $9.81 beginning on the first day of employment.
It is proposed that the Ordinance be amended to have a consistent provision for
contractors as to the maximum eligibility period. The proposed Ordinance amendment
would permit contractors to pay a new employee the lower rate during the first 90 days of
the eligibility period. If the contractor's eligibility period is greater than 90 days, then,
commencing on the 91 st day of the eligibility period I the contractor will pay the employee
the higher rate of $9.81 until the employee receives health benefits. I
CONCLUSION
By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that
contractors and subcontractors follow the intent of the Living Wage Ordinance, continuing
to set a community standard that permits full-time workers to live above the poverty line.
JMG:MDB:TCA:GPL
T:\AGENDA\2003Ia~OO3lteguIaJ'lMng W.1l1d ptOb per 04 03 mem2,doc
Attachment "E"
Request for Proposals No. 15-05/06, Addendum No.1 & 2
thereto, and Contractor's response to the Proposal.
18
REQUEST FOR PROPOSALS
REMOVAL AND DISPOSAL OF DERELICT VESSELS
RFP # 1 5-05/06
BID OPENING: April 1 0,2006 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
F: \PURC\$ALL \Maria \RFP'S\05-06 \RFP-15-05-06 Derelict Vessels \RFP 15-05-06 REMOV AL&DISPOSALOF VESSELS.doc
(9 MIAMI BEACH
RFP No: 15-05/06
1 of 33
<9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490, Fax: 305-673.7851
PUBLIC NOTICE
REMOVAL AND DISPOSAL OF DERELICT VESSELS
Request for Proposals (RFP) No. 15-05/06
In the event of an emergency, such as a hurricane, the City would lack sufficient resources to
undertake recovery operations such as the removal and disposal of derelict vessels, The purpose of
this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and
disposal of derelict vessels from public waters,
The scope of services for the above subject RFP includes:
1, Dive, patch and re-f1oat 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,
2. Tow re-f1oated vessels to a county landfill area for disposal.
3, Documentation of all work performed,
Sealed proposals will tie received until 3:00 PM on April 10, 2006, at the following address:
City of Miami Beach
City Hall
Procurement Division -- Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Any response received after 3:00 PM on April 10, 2006 will be returned to the contractor unopened.
The responsibility for submitting proposals before the stated time and date is solely the responsibility
of the contractor.
The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or
any other occurrence,
A Pre-Proposal Submission Meeting is scheduled for March 27,2006 at 10:00 a.m. at the following
address:
City of Miami Beach
City Hall
1700 Convention Center Drive
Fourth Floor City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida.
The City of Miami Beach has contracted with Bid Net and has begun utilizing a central bid notification
system created exclusively for state and local agencies located in South Florida, Created in
conjunction with BidNet(s), this new South Florida Purchasing system allows for vendors to register
March 17,2006 RFP No: 15-05/06
City of Miami Beach 2 of 33
online and receive notification of new bids, amendments and awards, Vendors with Internet access
should review the registration options at the following website:
www.govbids.com/scripts/southflorida/public/home 1 . asp,
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214,
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, Contractors interested in
participating in the pre-Proposal submission meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
(2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the
star (*) key).
Contractors, who are interested in participating via telephone, please send an e-mail to
mestevez@miamibeachfl,gov expressing your intent to participate via telephone.
The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest
of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may
also reject any and all proposals,
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE
FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI
BEACH WEBS ITE: http://www ,miamibeachfl,Qov/newcitv/depts/purchase/bidintro. asp
· CONE OF SILENCE -- ORDINANCE NO, 2002-3378
· CODE OF BUSINESS ETHICS -- RESOLUTION NO, 2000-23879,
· DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234,
· PROTEST PROCEDURES -- ORDINANCE NO, 2002-3344.
· LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO, 2002-3363.
· LIVING WAGE REQUIREMENT --ORDINANCE NO, 2001-3301. Pursuant to City of Miami
Beach Living Wage Ordinance, as codified in Chapter 2, Division 6, Section 2-407 thru 2-410
of the Miami Beach Code, all service contractors, entering into a contract with the city shall
pay to all its employees, a living wage of not less than $8,56 an hour with health benefits, or
a living wage of not less than $9.81 an hour without health benefits. For a covered employer
to company with the living wage provision by choosing to pay the lower wage scale
($8,56/hour) when a covered employer also provides health benefits, such health benefits
shall consist of payment of at least $1,25 per hour toward the provision of health benefits for
covered employees and their dependents,
Sincerely,
fL
Gus Lopez, CPPO
Procurement Director
March 17. 2006
City of Miami Beach
RFP No: 15-05/06
3 of 33
e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 305-673-7851
TABLE OF CONTENTS
Paae
I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE
PROCEDURES
A. Introduction/Analysis
B. Purpose
C. RFP Time Table
D. Qualification Submission
E. Pre-Proposal Submission Meeting
F. Contact Person
5
5
5
5
6
6
II. SCOPE OF SERVICES
8-9
III. PROPOSAL FORMAT
10-11
IV. MINIMUM REQUIREMENTS / QUALIFICATIONS
12
V. EVALUATION/SELECTION PROCESS/
CRITERIA FOR EVALUATION
13-14
VI. LEGAL TERMS AND CONDITIONS /INSURANCE
15-19
VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND
RETURNED TO CITY
20-33
-Cost Information
-Organizational Chart
-Risk Assessment Plan
-Acknowledgment of Addenda 22
-Declaration 23
-Sworn Statement/Section 287.133(3)(a), Florida Statutes - Public Entity Crimes 24-25
-Questionnaire 26-30
VIII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE
RESPONDENTS
31-33
- Performance Evaluation Letter
- Performance Evaluation Survey
32
33
March 17. 2006
City of Miami Beach
RFP No: 15-05106
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SECTION I - OVERVIEW
A. INTRODUCTION I BACKGROUND
In the event of an emergency, such as a hurricane, the City would lack sufficient resources to
undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of
this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and
disposal of derelict vessels from public waters.
During strong weather conditions, boats might be shifted and placed in areas where they can
develop into a hazardous condition or serious risk to our residents and visitors. After the proper
investigation and identification, an abandoned vessel becomes a derelict vessel only after all
available means to identify or contact the owner have failed. The retention of a recognized and
insured contractor with expertise in the removal of vessels would allow the City to respond in a more
expeditious manner.
B. PURPOSE
It is the intent of this RFP is to use the "Best Value" Procurement process to select a contractor with
the experience and qualifications; the ability; capability, and capacity; and proven past successful
performance in providing high quality graffiti removal services.
C. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP Issued March 15, 2006
Pre-Proposal Submission Meeting March 27, 2006
Deadline for receipt of questions March 31, 2006
Deadline for receipt of responses I Proposals April 10, 2006
Evaluation committee meetings April 2006
Commission Approval/ April/ May 2006
Authorization of negotiations
Contract negotiations
Projected contract start date
May
May/June
2006
2006
D. PROPOSALS SUBMISSION
An original and ten (10) copies of Contractors' proposal will be received until 3:00 p.m. on April10lh,
2006, 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 must be submitted to the Procurement Division in a sealed envelope or
container stating on the outside the Contractor's name, address, telephone number, RFP number
and title, and due date. No facsimile or e-mail responses will be considered.
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RFP No: 15-05/06
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The responsibility for submitting a response to this RFP to the Procurement Division on or before the
stated time and date will be solely and strictly that of the contractor. The City will in no way be
responsible for delays caused by the U.S. Post Office or caused by any other entity or by any
occurrence, Responses received after the RFP due date and time will not be accepted and will not
be considered.
E. PRE-PROPOSAL SUBMISSION MEETING
A pre-Proposal submission meeting is scheduled for March 2th, 2006 at 10:00 a.m. at the following
address:
City of Miami Beach
City Hall
Fourth Floor City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida.
Attendance (in person or via telephone) is encouraged and recommended as a source of information
but is not mandatory, Contractors interested in participating in the pre-RFP submission meeting via
telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
(2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the
star (*) key).
Contractors who are interested in participating via telephone, please send an e-mail to the
contact person listed on the next page, expressing your intent to participate via telephone.
F . CONTACT PERSON
The contact person for this RFP is Maria Estevez, Procurement Coordinator. Ms. Estevez may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-Mail: mestevez@miamibeachfl.gov.
The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral
communications with prospective Contractors relative to matters of process or procedures only,
Requests for additional information or clarifications must be made in writing to the Procurement
Director, Facsimile or e-mail requests are acceptable. Please sent all questions to
mestevez@miamibeachfl.Qov and copy the City Clerk's office RobertParcher@miamibeachfl.Qov.
The Procurement Director will issue replies to inquiries and additional information or amendments
deemed necessary in written addenda, which will be issued prior to the deadline for responding to
this RFP.
Contractors should not rely on representations. statements, or explanations other than those made
in this RFP or in any addendum to this RFP,
Contractors are advised that oral communications between the Contractors or their representatives
and the Mayor or City Commissioners and their respective staff, or members of the City's
administrative staff to include the City Manager and his staff, or evaluation committee members is
prohibited.
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
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G. TERM OF CONTRACT
This contract shall commence the day specified in the contract as a result of negotiations, and
remain in effect for a period of three (3) years.
The City of Miami Beach has the option to renew the contract at its sole discretion for an additional
three (3) year period on a year-to-year basis, Renewal of the contract is a City of Miami Beach
prerogative- not a right of the contractor. Such option will be exercised, if at all, only when it is in the
best interest of the City of Miami Beach.
In the event that the contract is held over beyond the term herein provided it shall only be from a
month-to-month basis only and shall not constitute an implied renewal ofthe contract. Said month to
month extension shall be upon the same terms of the contract and at the compensation and
payment provided herein, and shall not exceed six (6) months.
Option to Renew I Adiustment to Contract Amount: In the event the City of Miami Beach exercises its
option to renew beyond the initial three (3) year contract, the contract prices and any other terms the
City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases
or decreases in labor costs; but in no event will the prices be increased or decreased by a
percentage greater than the percentage change reflected in the Consumer Price Index - All Urban
Areas (CPI-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves
the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for
bids, whichever is in the best interest of the City.
March 17.2006
City of Miami Beach
RFP No: 15-05/06
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SECTION II -- SCOPE OF SERVICES
1.Scope of Services
Dive, patch and re-float with a pollution stand-by crew whipch will include a salvage master,
divers, patching materials, pumps, compressors and other specialized equipment necessary to
recover the sunken vessels, Tow re-f1oated vessels to a county landfill area for proper
disposal.
2. Environmental Protection
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
enterthe 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) Any items that may float free when the vessel sinks must be removed from the vessel
e) All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept.
f) 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 exercise at all times for theprotection of persons and property. All vendors
performaing 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 e borne solely by the responsible
vendor. Barricades shall be provided by the vendor when work is performed in areas traversed
by persons, or when deemed necessary by the City Project Manager.
4. Clean-up
All unusable materials and debris shall be removed from the premises at the end of each
workday, and disposed of in an appropiate manner. Upon final completion, the vendor shall
throughly clean up all areas where work has been involved as mutually agreed with the
associated user department's project manager,
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 is issued, The estimate must reflect the
regulat hourly wages for each classification presented in this contract, and th percentage
discounts or mark-ups for materials and equipment that were quoted by the vendor 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 esimates shall
not be accepted. The actual charge to the City from an awared vendor for a specific project
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shall not exceed ten percent (10%) of the vendor's initial estimate without the expressed prior
approval an authorized agent of the City.
6. Labor, Materials, and Equipment
The contractor shall furnish al 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 matter s 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. Bidder 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, telephone number and title, and signature
of person at disposal site.
b) In addition to the above information, the contractor must submit a picture of the vessel
demonstrating its removal, and showing its DV numbers,
c) The contractor shall notify and coordinate all work with the 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 vendor in a manner acceptable to
the Project Manager prior to the final acceptance ofthe work. Such facilities shall include but
are not limited to: walls, boating ramps, sod, and walkways,
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
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SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed, and signed as required. If
any items are omitted, Contractors must submit the documentation within five (5) calendar days
upon request from the City, or the proposal shall be deemed non-responsive. The City will not
accept cost information after deadline for receipt of proposal.
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:
Proposer must respond to all minimum requirements listed below. Proposals which do not
contain such documentation may be deemed non-responsive.
a) Introduction letter outlining the Contractors professional specialization, provide past
experience to support the qualifications of the submitter. Interested Contractors
should submit documents that provide evidence as to the capability to provide
grounds maintenance services.
b) Cost Information:
Cost information must be submitted with your proposal, and if selected as successful
contractor, cost will be negotiated. The proposed cost shall include all applicable fuel
surcharges, taxes, or county waste tariffs
c) Client Survey:
Please provide your client with the Performance Evaluation Letter and Survey
attached herein on pages 30 and 31, and request that your client submit the
completed survey to the contact person listed on page 6.
d) Past Performance Information:
Past performance information will be collected on all contractors. Contractors are
required to identify and submit their best projects. Contractors will be required to
send out Performance Evaluation Surveys to each of their clients. Contractors are
also responsible for making sure their clients return the Performance Evaluation
Surveys to the City, The City reserves the right to verify and confirm any information
submitted in 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.
e) Qualifications of Contractor Team:
Provide an organizational chart of all personnel and consultants to be used on this
project and their qualifications. A resume of each individual, including education,
experience, and any other pertinent information shall be included for each team
member to be assigned to this project
f) Risk-Assessment Plan (RAP):
All contractors must submit a Risk-Assessment Plan, The Risk-Assessment Plan
must not be longer than two pages front side of page only. The RAP should address
the following items in a clear and generic language:
(1 )
What risks the project has. (Areas that may cause the contractor not
to finish on time, not finish with budget, cause any change orders, or
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be a source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize,
(3) Propose any options that could increase the value of this project.
(4) Explain the benefits of the Risk Assessment Plan, Address the quality
and performance differences in terms of risk minimization that the City
can understand and what benefits the option will provide to the user.
No brochures or marketing pieces.
3. Acknowledgment of Addenda:
(IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 20-28);
March 17, 2006
City of Miami Beach
RFP No: 15-05106
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SECTION IV - MINIMUM REQUIREMENTS / QUALIFICATIONS
1. The contractor shall submit incorporation or other business entity / form documentation,
2. The contractor to whom award is made under this solicitation must be currently licensed
in the following:
a) Marine Towing and Recovery
b) Marine Diving and Salvage
c) Demolition Contractor
d) Marine Contractor / Marine Construction
3. The contractor must have access to appropriate water bound equipment such as tug
boats, towboats, barges, and cranes.
4. The contractor must have a minimum of three (3) years of experience in the removal and
disposal of derelict vessels.
5. The contractor must have am established business which is regularly engaged in the
business of performing the service as described in this Request for Proposals,
6. The contractor must provide a facsimile machine or e-mail address to facilitate order
requests.
March 17, 2006
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RFP No: 15-05/06
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SECTION V - EVALUATION/SELECTION PROCESS
The procedure for response evaluation and selection will be as follows:
· RFP issued.
· Receipt of responses.
· Opening and listing of all responses received.
· An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
response in accordance with the requirements of this RFP. If further information is desired,
respondents may be requested to make additional written submissions or oral presentations
to the Evaluation Committee.
· The Evaluation Committee will recommend to the City Manager the response(s) which the
Evaluation Committee deems to be in the best interest of the City by using the following
criteria for selection:
1. The experience and qualifications of the contractor (20 points).
2. Cost (40 points).
3. Risk Assessment Plan for ensuring quality of work (25 points)
4. Past Performance based on number and quality of the Performance
Evaluation Surveys (15 points).
· The City may request, accept, and consider proposals for the compensation to be paid under
the contract only during competitive negotiations,
· After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the response or responses acceptance of which
the City Manager deems to be in the best interest of the City,
· The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another response or responses, In any case, City
Commission shall select the response or responses acceptance of which the City
Commission deems to be in the best interest of the City. The City Commission may also
reject all proposals.
· Negotiations between the selected respondent and the City take place to arrive at a contract
price. If the City Commission has so directed, the City may proceed to negotiate a contract
price with a respondent other than the top ranked respondent if the negotiations with the top
ranked respondent fail to produce a mutually acceptable contract price within a reasonable
period of time.
· A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
· If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
respondent(s) has (have) done so,
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RFP No: 15-05/06
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Important Note:
By submitting a response, all contractors 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,
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RFP No: 15-05/06
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SECTION VI - LEGAL TERMS AND CONDITIONS/INSURANCE
A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS
A contractor may submit a modified response to replace all or any portion of a previously
submitted response up until the RFP due date and time. Modifications received after the
RFP due date and time will not be considered.
Responses shall be irrevocable until contract award unless withdrawn in writing prior to the
RFP due date or after expiration of 120 calendar days from the opening of responses
without a contract award, Letters of withdrawal received after the RFQ due date and before
said expiration date and letters of withdrawal received after contract award will not be
considered,
B. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or
waive any irregularities in this RFP or in any responses received as a result of this RFP.
C. COST INCURRED BY CONTRACTORS
All expenses involved with the preparation and submission of responses to the City, or any
work performed in connection therewith, shall be the sole responsibility ofthe contractor (s)
and not be reimbursed by the City. -
D. EXCEPTIONS TO RFP
Contractors must clearly indicate any exceptions they wish to take to any of the terms in this
RFP, and outline what alternative is being offered, The City, after completing evaluations,
may accept or reject the exceptions. In cases in which exceptions are rejected, the City
may require the consultant to furnish the services or goods originally described, or negotiate
an alternative acceptable to the City.
E. SUNSHINE LAW
Contractors are hereby notified that all information submitted as part of a response to this
RFP will be available for public inspection after opening of responses, in compliance with
Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law.
F. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require consultants to give oral presentations based on their responses. The City
reserves the right to enter into negotiations with the selected consultant, and if the City and
the selected consultant cannot negotiate a mutually acceptable contract, the City may
terminate the negotiations and begin negotiations with the next selected consultant. This
process may continue until a contract has been executed or all responses have been
rejected. No consultant shall have any rights in the subject project or property or against
the City arising from such negotiations.
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RFP No: 15-05/06
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G. PROTEST PROCEDURES
Contractors that are not selected may protest any recommendation for selection of award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for protesting the City Manager's recommendation, Protest not timely
pursuant to the requirements of Ordinance No. 2002-3344 shall be barred.
H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS
Contractors are expected to be familiar with and comply with all Federal, State and local
laws, ordinances, codes, and regulations that may in any way affect the services offered,
including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC
Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the
consultant will in no way relieve it from responsibility for compliance.
I. DEFAULT
Failure or refusal of a consultant to execute a contract upon award by the City Commission,
or untimely withdrawal of a response 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 consultant from the City's vendor list.
J. CONFLICT OF INTEREST
All consultants must disclose with their response 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 consultants must disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the consultant or any of its affiliates.
K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist
laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification oftheir Proposals, in the event of such non-compliance,
L. CONSULTANT'S RESPONSIBILITY
Before submitting responses, each consultant shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full
performance of the contract. Ignorance of such conditions and requirements resulting from
failure to make such investigations and examinations will not relieve the successful
consultant from any obligation to comply with every detail and with all provisions and
requirements of the contract documents, or will be accepted as a basis for any claims
whatsoever for any monetary consideration on the part of the consultant.
M. RELATION OF CITY
It is the intent of the parties hereto that the successful consultant be legally considered to be
an independent consultant and that neither the consultant nor the consultant's employees
and agents shall, under any circumstances, be considered employees or agents of the City,
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N. PUBLIC ENTITY CRIME (PEC)
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 ($25,000.00) for a period of 36 months from the date of being placed
on the convicted vendor list.
O. ASSIGNMENT
The successful consultant shall not enter into any sub contract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its
right, title, or interest therein, or its power to execute such contract to any person, firm, or
corporation without prior written consent of the City. Any unauthorized assignment shall
constitute a default by the successful consultant.
P . INDEMNIFICATION
The successful consultant shall be required to agree 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, in
law or in equity, which may arise or be alleged to have arisen froml~e negligent acts or
omissions or other wrongful conduct of the successful consultant, its employees, or agents
in connection with the performance of service pursuant to the resultant Contract; the
successful consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs expended by the City in the defense of such claims and losses, including
appeals,
R. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful consultant, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
the services then remaining to be performed by giving written notice to the successful
consultant of such termination which shall become effective upon receipt by the successful
consultant of the written termination notice.
In that event, the City shall compensate the successful consultant in accordance with the
Agreement for all services performed by the consultant prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful consultant shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement by the
consultant, and the City may reasonably withhold payments to the successful consultant for
the purposes of set off until such time as the exact amount of damages due the City from
the successful consultant is determined.
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S. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at
any time without cause by giving written notice to successful consultant of such termination,
which shall become effective thirty (30) days following receipt by consultant of such notice.
In that event, all finished or unfinished documents and other materials shall be properly
delivered to the City. If the Agreement is terminated by the City as provided in this section,
the City shall compensate the successful consultant in accordance with the Agreement for
all services actually performed by the successful consultant and reasonable direct costs of
successful consultant for assembling and delivering to City all documents. No
compensation shall be due to the successful consultant for any profits that the successful
consultant expected to earn on the balanced of the Agreement. Such payments shall be the
total extent of the City's liability to the successful consultant upon a termination as provided
for in this section.
T. INSURANCE
Successful Consultant shall obtain, provide and maintain during the term of the Agreement
the following types and amounts of insurance as indicated on the Insurance Checklist 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, Name the City of
Miami Beach as an additional insured on all liability policies required by this contract. When
naming the City of Miami Beach as an additional insured onto your policies, the insurance
companies hereby agree and will endorse the policies to state that the City will not be liable
for the payment of any premiums or assessments.
Any exceptions to these requirements must be approved by the City's Risk Management
Department.
FAILURE TO PROCURE INSURANCE:
Successful consultant's failure to procure or maintain required insurance program shall
constitute a material breach of Agreement under which City may immediately terminate the
proposed Agreement.
U. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby
advised that the Cone of Silence requirements listed herein shall apply.
V. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFO is further subject to City of Miami Beach
Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to
review the City's Debarment Ordinance. Debarment may constitute grounds for termination
of the contract, as well as, disqualification from consideration on any City of Miami Beach
RFP, RFO, RFLI, or bid.
x. CODE OF BUSINESS ETHICS
Pursuant to 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
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RFP No: 15-05/06
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Procurement Division with your bid/response or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with
all applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provision of the City Code,
Y. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE 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 Heidi Johnson Wright,
Public Works Department, at 305-673-7080.
Z. 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/her in the
discharge of his/her official duties.
March 17.2006
City of Miami Beach
RFP No: 15-05/06
19 of 33
INSURANCE CHECK LIST
XXX 1.
Workers' Compensation and Employer's Liability per the statutory limits of the state of
Florida and U,S,L. & H I Jones Act per Federal Law (If required).
XXX 2.
Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per
occurrence for bodily injury property damage to include Premisesl Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications),
XXX3.Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles
included.
_ 4,Excess Liability - $
. 00 per occurrence to follow the primary coverage.
XXX 5.
The City must be named as and additional insured on the liability policies; and it must
b~ stated on the certificate.
6.
Other Insurance as indicated:
,00
.00
.00
.00
.00
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
$
$
$
$
$
XXX Professional Liability
$1.000.000 .00
XXX 7.Thirty (30) days written cancellation notice required,
XXX 8. Best's guide rating B+: VI or berter, latest edition,
XXX 9.The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after Proposal opening,
Vendor
Signature of Vendor
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
20 of 33
March 17, 2006
City of Miami Beach
SECTION VII - DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
RFP No: 15-05/06
21 of 33
REQUEST FOR PROPOSALS NO. 15-05/06
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:03-
05/06
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 RFP.
Verified with Procurement staff -
Name of staff
Date
(Contractor -Name)
(Date)
(Signature)
March 17. 2006
City of Miami Beach
RFP No: 15-05/06
22 of 33
DECLARA TION
TO: City of Miami Beach
City Hall
1700 Convention Center Drive
Procurement Division
Miami Beach, Florida 33139
Submitted this
day of
,2006.
The undersigned, as consultant, declares thatthe 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 consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the consultant and
the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains,
The consultant states that the response is based upon the documents identified by the following number:
RFP No,15-05/06
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
23 of 33
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:
.)
4, 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 oftheUnited 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.
5. 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.
6. 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.
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
24 of 33
5) 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,
6) 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 FO.RM
[Signature]
Sworn to and subscribed before me this
day of
,2006
Personally known
OR Produced identification
Notary Public - State of
My commission expires
(Type of Identification)
(Printed typed or stamped Commissioned name of Notary Public)
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
25 of 33
QUESTIONNAIRE
Consultant's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If a Foreiqn 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:
Members of Board of Directors
Questionnaire (continued)
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
26 of 33
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
I. Number of years of relevant experience in operating AlE business:
2. Have any agreements held by Consultant for a project ever been canceled?
Yes ( ) No ( )
If yes, give details on a separate sheet.
3. Has the Consultant or any principals ofthe applicant organization failed to qualify as
a responsible Bidder, refused to enter into a contract after an award has been made,
failed to complete a contract during the past five (5) years, or been declared to be in
default in any contract in the last 5 years?
If yes, please explain:
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
27 of 33
Questionnaire (continued)
4. Has the Consultant 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 bid and Qualification Form 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 (1 0%). (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 Consultant 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.)
March 17, 2006
City of MiamI Beach
RFP No 15-05/06
28 of 33
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 Consultant
and/or individuals and entities comprising or representing such Consultant, and in an
attempt to ensure full and complete disclosure regarding this contract, all Consultants
are required to disclose all persons and entities who may be involved with this
Proposal. This list shall include 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.
March 17. 2006
City of Miami Beach
RFP No: 15-05/06
29 of 33
Questionnaire (continued)
The Consultant understands that information contained in this Questionnaire will be relied
upon by the City in awarding the proposed Agreement and such information is warranted by
the Consultant to be true. The undersigned Consultant agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the Consultant,
as may be required by the City Manager. The Consultant further understands that the
information contained in this questionnaire may be confirmed through a background
investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the Consultant agrees to cooperate with this investigation, including but not
necessarily limited to fingerprinting and providing information for credit check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
General Partner
Print Name
WITNESS:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
(CORPORATE SEAL)
Attest:
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
30 of 33
SECTION VIII - BEST PERFORMANCE PROCUREMENT INFORMATION
DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
31 of 33
G MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 , Fax: 305.673.7851
March 17, 2006
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 has implemented a process that collects past performance
information on various contractors that perform removal and disposal of derelict vessels, The
information will be used to assist City of Miami Beach in the procurement of various graffiti
removal projects.
The company listed in the subject line has chosen to participate in this program. They have
listed you as a past client that they have done work for, Both the company and City of Miami
Beach would greatly appreciate you taking a few minutes out of your busy day to complete the
accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best of
your knowledge. If you cannot answer a particular question, please leave it blank, Please
return this questionnaire to Maria Estevez by Friday, April 14, 2006 by fax: 305,673.7851; or
e-mail mestevez~miamibeachfl,aov
Thank you for your time and effort,
G MIAMIBEACH
March 17. 2006
City of Miami Beach
RFP No; 15-05/06
32 of 33
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fax: 305.673.7851
PERFORMANCE EVALUATION SURVEY
Contractor Name;
Point of Contact:
Phone and e-mail:
Please evaluate the performance of the contractor (10 means you are very satisfied and have no questions
about hiring them again,S is if you don't know and I is if you would never hire them again because of very poor
performance ),
NO CRITERIA UNIT
I Ability to manage the project cost (minimize change orders) ( 1-10)
2 Ability to maintain project schedule (complete on-time or early) ( 1-10)
3 Quality of workmanship (1-10)
4 Professionalism and ability to manage (includes responses and (1-10)
prompt payments to suppliers and subcontractors)
Close out process (no punch list upon turnover, warranties,
5 as-built, operating manuals, tax clearance, etc, submitted ( 1-10)
promptly) -
6 Communication, explanation of risk, and documentation (1-10)
(construction interface completed on time)
Ability to follow the users rules, regulations, and requirements
7 (housekeeping, safely, etc...) (1-10)
Overall customer satisfaction and hiring agam based on
8 performance (comfort level in hiring contractor again) ( 1-10)
Overall Comments;
Agency or Contact Reference Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
PLEASE FAX THIS QUESTIONNAIRE TO MARIA ESTEVEZ AT 305.673.7851
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
33 of 33
ce MIAMI BEACH
city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA,gov
PROCUREMENT DIVISION
T.l: 305-673-7490 , Fax: 305-673-7851
March 23. 2006
RE: ADDENDUM NO.1 TO REQUEST FOR PROPOSALS (RFP) No. 15-05106 -
REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP")
The RFP is hereby clarified and amended as follows:
I. Please be advised that any and all reference to experience as grounds maintenance
services or graffiti removal services has been deleted and substituted by removal and
disposal of derelict vessels.
II. The attached cost proposal form must be submitted with your proposal. The cost per foot
must include all services outlined in Section II, Scope of Services.
III. Additionally, you must submit as an add alternate, your proposed pricing for vessels that
are sunken (Le. lying at the bottom of a body of water). The cost associated with sunken
vessels will be in addition to the cost provided above, and will only be applied in
instances when vessels are sunken.
IV. Section fI on page 8, Subdivision 5, entitled "Cost Estimates for Each Project". Is revised
(words added are denoted by an underscore; words deleted are denoted by a
strikethrough) to read as follows:
5) The contractor shall be required to submit a written estimate on each prospective
project under this contract before a work order for that specific Droiect 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 vendor 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 vendor for a specific project Sh311 not
e)Klsea teR per(lent (10%) eftAs 'J8RQerS iRitlal estiFRate \".~itt-1014t tAe eKfU8EGed pFier
apl9F9\'.01 an autA9Fi2sd ageAt "f It" City must be in accordance with the cost
information submitted in reSDonse to the RFP. and acceDtance of same bY the Cltv.
V. Section II on page 9. Subdivision 8, entitled "Proof of Proper Disposal and Notification to
Marine Patrol", Is revised (words added are denoted by an underscore~ words deleted
are denoted by a stFlkethFGl:.Igh) to read as follows: I
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.
March 23. 2006 (Amended)
Cily 0( Miami Beach
RFP No: ,~
b) In addition to the above information, the contractor must submit a picture of the
vessel demonstrating its removal, and showing Its DV numbers.
c) The contractor shall notify and coordinate all work with the Marine Patrol.
VI. Evidence of Insurance Requirements specified on page 20. "The Insurance Check Llsf
of this RFP which Includes also the U.S. L. & H. (longshoreman's and Harbor workers
insurance) may be required within (5) days after Proposal Opening.
Contractors are reminded to please acknowledge receipt of this addendum as part of your
proposal submission. The proposed pricing information requested herein must be submitted
with your proposal in order to be deemed responsive and receive consideration. Contrac~ors
that have elected not to submit a proposal must complete and return the "Notice to Prospective
Bidders" questionnaire with the reason(s) for not submitting a proposal.
F :\PURC\$AlL\Marla\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A 1.doc
March 23. 2008 (Amended)
CIty of Miami Beech
RFP No: 1lHl6108
COST PROPOSAL
PER FOOT RATES FOR VESSELS THAT ARE NOT SUNKEN
Vessels up to 10'
Vessels from 11' to 20'
Vessels from 21' to 30'
Vessels from 31' to 40'
Vessels from 41' to 60'
Vessels from 61' to 80'
Vessels greater than 80'
PER FOOT RATES FOR VESSELS YHAT ARE SUNKEN
(I.e. lying at the bottom of a body of water)
Vessels up to 10'
Vessels from 11' to 20'
Vessels from 21' to 30'
Vessels from 31' to 40'
Vessels from 41' to 60'
Vessels from 61' to 80'
Vessels greater than 80'
MaI'Ctl23. 2008 (Amended)
City of Mlllml Beach
RFP No: 1&.05106
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Cenler Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
PROCUREMENT DIVISION
lei: 305-673-7490, Fox: 305-673.7851
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, I
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
March 23, 2008 (Amended)
City of Maml Beach
RFP No:'~
e MIAMIBEACH
City of Miami Beach, ] 700 Convention Cenler Drive, Miami Beach, Florida 33139, w\'t'W.rniamibeachA.gov
PROCUREMENT DIVISiON
Tel: 305-673-7490, Fax: 305-673-7851
November 30, 2006
RE: ADDENDUM NO.2 TO REQUEST FOR PROPOSALS (RFP) No. 15-05/06 -
REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP")
In response to questions and requests for additional information received by prospective
contractors, the RFP is hereby clarified and amended as follows:
I. The deadline for receipt of proposals has been changed from April10, 2006 to April
17,2006 at 3:00 p.m.
II. Any and all references to cost information have been deleted. Consequently, the
evaluation criteria to be utilized by the Evaluation Committee has been revised as
follows:
1. The experience and qualifications of the contractor (20 points).
2. Integrity, character, and judgement of the contractor (40 points).
3. Risk Assessment Plan for ensuring quality of work (25 points)
4. Past Performance based on number and quality of the
Performance Evaluation Surveys (15 points).
III. Prior to the removal of any vessel, the City will determine if the vessel is salvageable.
Should the City determine that the vessel is salvageable, the City will instruct the
contractor of where to transport said vessel. Contractor and City will agree upon the
cost associated with transportation of said vessel.
IV. The City will request pricing information from any or all contract awarded vendors on
a vessel specific basis, as the need arises.
Contractors are reminded to please acknowledge receipt of this addendum as part of your
proposal submission. Contractors that have elected not to submit a proposal must complete
and retum the "Notice to Prospective Bidders" questionnaire with the reason(s) for not
submitting a proposal.
CITY OF MIAMI BEACH
(0
Gus Lopez, CPPO
Procurement Director
F:\PURC\$ALL \Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A2.doc
April 4. 2006 (Amended)
City of Miami Beach
RFP No: 15-05/06
.' -:) V
\./
COMMISSION ITEM SUMMARY
Condensed Title:
Accept the City Manager's Recommendation Pertaining to the Ranking of Contractors Pursuant Request
For Proposals No.15-05/06, Removal and Disposal of Derelict Vessels; Authorizing to Enter Into
Negotiations with the Four (4) Ranked Proposers; and Authorizing the Mayor and City Clerk to Execute
Agreements Upon Conclusion of Successful Negotiations.
Ke Intended Outcome Su orted:
To Improve The Cleanliness of Miami Beach Waterways.
Issue:
Shall the City Commission adopt the Resolution?
Item Summary/Recommendation:
On March 8, 2006, the Mayor and City Commission approved the issuance of Request for Proposals
(RFP) No, 15-05/06 for Removal and Disposal of Derelict Vessels. The RFP process seeks to select
qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels
from public waters to comply with the City Key Intended Outcome to improve the cleanliness of Miami
Beach waterways.
During strong weather conditions, boats might be shifted and placed in areas where they can develop into
a hazardous condition or serious risk to our residents and visitors. After the proper investigation and
identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or
contact the owner have failed, The retention of a recognized and insured contractor with the expertise on
in the removal of vessels would allow the City to respond in a more expeditious manner,
The City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the
Committee") that convened On June 5, 2006. After evaluation of proposals and presentations from
Contractors. It was the Committee's overall opinion that only four (4) contractors scored high enough to be
deemed qualified to provide services to the City: (1) Blue Water Marine Services,(2) Dock and Marine
Construction, (3) H20 Tow, and (4) Biscayne Towing & Salvage.
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount . Account Approved
Funds: 1
D 2
3
4
OSPI Total
Financial Impact Summary:
islative Trackin
nt Director
City Manager
City Manager
PO
JMG
m
~
MIAMIBEACH
AGENDA ITEM
DATE
C7V
7-1t2-0C,
m MIAMI BEACH
city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,mic:mibeochfl.gov
COMMISSION MEMORANDUM
Mayor David Dermer and Members of the City Commission
Jorge M, Gonzalez, City Manager v75
July 12, 2006 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06, FOR
REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR (4)
TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES, DOCK AND
MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING & SALVAGE;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
TO:
FROM:
DATE:
SUBJECT:
Adopt the Resolution.
ANAL YSIS
On March 8, 2006, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels, The RFP
process seeks to select qualified sea-towing contractors that would assist the City in the
removal and disposal of derelict vessels from public waters to comply with the City Key
Intended Outcome to improve the cleanliness of Miami Beach waterways,
During strong weather conditions, boats might be shifted and placed in areas where they
can develop into a hazardous condition or serious risk to our residents and visitors. After
the proper investigation and identification, an abandoned vessel becomes a derelict vessel
only after all available means to identify or contact the owner have failed. The retention of a
recognized and insured contractor with the expertise on in the removal of vessels would
allow the City to respond in a more expeditious manner.
The scope of services include:
1, Dive patch and re-f1oat with a pollution stand-by crew the vessels which will include a
salvage master, divers, patching materials, pumps, compressors and other
specialized equipment necessary to recover the sunken vessels.
2. Tow re-f1oated vessels to a county landfill area for disposal,
3. Documentation of all work performed.
The proposed cost shall include all applicable fuel surcharges, taxes, or county waste
tariffs,
Commission Memorandum - RFP-1 ~05l06
July 12, 2006
Page 2 of 4
RFP No. 15-05/06 was issued on March 17, 2006 with an opening date of April 17, 2006. A
pre-proposal conference to provide information to contractors submitting a response was
held on March 27,2006. Bid Net issued bid notices to eight (8) prospective proposers and
twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted
in the receipt of following five (5) proposals:
1. BLUE WATER MARINE SERVICES
2. DOCK AND MARINE CONSTRUCTION
3. H20 TOW
4, BISCAYNE TOWING & SALVAGE
5. DRC EMERGENCY SERVICES
The City Manager via Letter to Commission (LTC) No, 116-2006, appointed an Evaluation
Committee ("the Committee") consisting of the Following individuals:
· Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine
Authority
· Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine
Authority
· Lisa Botero, Environmental Specialist, Public Works Department
· Frank de la Torre, Officer, Florida Fish and Wildlife Commission
· Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate
· Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department
· Donald Druitt, Emergency Management Coordinator, Fire Suppression Department
On June 5, 2006, the Committee convened. Committee members Dale Twist and Frank de
la Torre were unable to attend. The Committee was provided information on the scope of
the project by Donald Druitt, Emergency Management Coordinator, and staff from the City's
Procurement Division. The Committee unanimously nominated Donald Druitt as Chair of the
Committee, The Committee was also provided presentations by all contractors who
provided a response to this RFP. In addition, Committee members were provided with
Performance Evaluation Surveys received from past and current clients of the contractors
being evaluated, The following Evaluation Criteria was used to evaluate and rank the
contractors:
1. The experience and qualifications of the contractor (20 points),
2. Integrity, character, and judgement of the contractor (40 points).
3. Risk Assessment Plan for ensuring quality of work (25 points)
4, Past Performance based on number and quality of the
Performance Evaluation Surveys (15 points).
After evaluation of proposals and presentations from Contractors, the Committee discussed
the evaluation criteria. The method of ranking the contractors utilized by the Committee was
the following: The contractors with more than 50% of the Committee Members' first-place
votes will be deemed the top-ranked contractor; subsequent contractors or contractors not
receiving the majority of the Committee Member's first-place votes will be ranked based on
the total low aggregate ranked score.
It was the Committee's overall opinion that only four (4) contractors scored high enough to
be deemed qualified to provide services to the City. A motion was recommended by Donald
Druitt (Chair) and, seconded by and approved by all Committee members for Blue Water
Marine Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing &
Salvage to be recommended for potential award of contracts, adding that this option would
Commission Memorandum - RFP-15-05l06
July 12, 2006
Page 3 of 4
be the most flexible and advantageous option for the City in the event of an emergency,
such as a hurricane. The final scoring was as follows:
.'l':?J. ,',: .' ~ . _~ ~". r~'!'~~r~~.{t
~ .... ~
"
~ I . 1~'.. . ~
.\:~" J ';'t '1>.;1
~~~~" '" ..~'
~~, .:--:~. ~;.~d"~'J ':"'"'' u '-. .:~
DONALD DONALD JOEL LISA DEBBRA
BLECHMAN DRUITT ALBERBACH BOTERO RUGGERIO TOTALS
ORC EMERGENCY
SERVICES
BLUE WATER
MARINE SERVICES
H20 TOW
BISCAYNE TOWING
& SALVAGE
DOCK AND MARINE
CONSTRUCTION
~Y" . --::,...,.; ~":r ;t-~~"':~~ 1l"
. "l"~'
,.1 o. , '.;I
,
, . (#'s 1) (#'s 2) (#'s 3) (#'s 4)
. ~,' ~~~?~J~::~(....~~ (#'s 5)
. . ." DRC EMERGENCY
SERVICES - - - - 5
BLUE WATER
MARINE SERVICES 5 - - - -
H20 TOW - 2 1 2 -
BISCAYNE
TOWING &
SALVAGE - 1 2 2 -
DOCK AND
MARINE
CONSTRUCTION - 2 2 1 -
FINAL RANKING ORDER
1. BLUE WATER MARINE SERVICES
2. DOCK AND MARINE CONSTRUCTION
3. H20 TOW
4. BISCAYNE TOWING & SALVAGE
5. DRC EMERGENCY SERVICES
132
482
398
398
423
Commission Memorandum - RFP-15-05l06
July 12, 2006
Page 4 of 4
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida
accepting the recommendation of the City Manager pertaining to the ranking of contractors
pursuant to Request for Proposals (RFP) No. 15-05/06, for Removal and Disposal of
Derelict Vessels; Authorizing the Administration to enter into negotiations with the four (4)
top ranked proposers Blue Water Marine Services, Dock and Marine Construction, H20
Tow, and Biscayne Towing & Salvage; and further Authorizing the Mayor and City Clerk to
execute agreements upon conclusion of successful negotiation by the Administration,
T:V\GENDA \2006~uI1206\consent\RFP-15-05-06 Derelict Vessels-Merno.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 15-05/06, FOR REMOVAL AND DISPOSAL OF DERELICT
VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE FOUR (4) TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES,
DOCK AND MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING &
SALVAGE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict
Vessels was issued on March 17,2006 with an opening date of April 17, 2006; and
WHEREAS, the RFP process seeks to select qualified sea-towing contractors that would
assist the City in the removal and disposal of derelict vessels from public waters; and
WHEREAS, a pre-proposal conference to provide information to contractors submitting a
response was held on March 27, 2006; and
WHEREAS, BidNet issued bid notices to eight (8) prospective proposers, and an additional
twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted in the
receipt of five (5) proposals; and
WHEREAS, the City Manager via Letter to Commission (LTC) No. 116-2006, appointed an
Evaluation Committee ("the Committee") consisting of the Following individuals:
· Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine Authority;
· Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine Authority;
· Lisa Botero, Environmental Specialist, Public Works Department;
· Frank de la Torre, Officer, Florida Fish and Wildlife Commission;
· Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate;
· Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department;
· Donald Druitt, Emergency Management Coordinator, Fire Suppression Department; and
WHEREAS, on June 5, 2006, the Committee convened (members Dale Twist and Frank de la
Torre were unable to attend); and
WHEREAS, the Committee was provided information on the scope of the project, past
performance evaluation surveys, risk assessment plans, and evaluation criteria; and
WHEREAS, the Committee was also provided presentations by all responsive proposers; and
WHEREAS, following presentations, the Committee discussed the evaluation criteria and
ranked the proposals as follows: (1 )Blue Water Marine Services;(2)Dock and Marine Construction;
(3)H20 Tow; and (4)Biscayne Towing & Salvage; and
WHEREAS, the City Manager concurs with the Committee's recommendations,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the City Manger pertaining to the ranking of contractors pursuant to Request for
Proposals (RFP) No. 15-05/06. for Removal and Disposal of Derelict Vessels; authorize the
Administration to enter into negotiations with the four (4) top-ranked proposers, Blue Water Marine
Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing & Salvage; and further
authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations
by the Administration.
PASSED AND ADOPTED THIS
DAY OF
2006.
ATTEST:
CITY CLERK MAYOR
T:IAGENDA\2006\juI1206\consent\RFP-15-05-06 Derelict Vessels - Resolution.,doc
APPROVED AS TO
FORM & LANGUAGE
&FOR CUnON
tr2..~/"
Date
Rpr 15 06 04:13p
Pi elicLGiid. i ii
354994 1;243
... . 4
RESPONSE TO }a'P15-05/06- REMOVAL
At~DDISPOSAL OF DERELICT vr;SSELS
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
DUE D~4..TE: 04/17/2006 @ 3:00 PM
April 07, 2006
City Of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: John Ellis
Tow Tell Marine Services LLC, d/b/a H20 Tow has been in business for two years.
However, prior to establishing H20 Tow, Mr. Tellam was the owner of Sea Tow
providing similar services currently being provided by H20 Tow. Mr. Tellam was the
owner Sea Tow for 7 Years. Evidence of such ownership can be provided upon request.
H20 is regularly engaged in the type of services listed in the Scope of Services. We have
all of the resources necessary to provide such services.
Mr. Tellam will be in charge of the operations while supervising the task required in
Request for Proposals No 15-05/06- Removal and Disposal of Derelict Vessels. H20
Tow fully understands the vision of the city as it relates to this RFP. H20 will be
responsible for the following as described in the scope of services: dive, patch and refloat
with a pollution stand by crew which will include salvage master, divers, patching
materials, pumps, compressors and other specialized equipment necessary to recover
sunken vessels. The re-floated vessels will be towed and properly disposed in accordance
with all City, State, County and Federal Regulations, The city of Miami Beach will have
all of the work performed documented.
Contained in the response is a list of references which will support the workmanship and
experience that H20 Tow is committed to providing the City of Miami Beach. H20 is
regularly commissioned to provide various types of towing services, the waterways are
subject to debris, litter and various trash which will be addressed.
H20 wants to thank the City Of Miami Beach for the opportunity to submit this response
to Request for Proposal No. 15-05/06-Removal and Disposal of Derelict Vessels.
S.. i e Jy, -I i
.' ~~~~/
r"Mr, Tellapf"
H20 Tow
OPERATION PLAN
H20 Tow has the required resources committed to fulfill the requirements of the RFP.
H20 will furnish all labor, tool, equipment, transportation, permits, licenses, services and
any incidentals necessary to ensure expeditious removal of derelict vessels.
Mr. Tellam has 25 years of experience and the other crew members are listed on the Key
Personnel listing. Mr. Tellam will supervise every aspect of this RFP and will work
closely with Marine Patrol to accomplish the needs of the City of Miami Beach. Mr.
Tellam will keep Marine Patrol apprised of any potential hazards on the waterways. As
indicated in the Risk Assessment Plan, H20 will provide pricing for the projects and is
committed to honoring those agreed prices and therefore will not request change orders.
H20 will record the vessel registration when available, photograph the wreckage, and
provide accurate descriptions of the derelict vessels.
H20 Tow realizes that safety is first. All of the employees have been trained in water
safety. Additionally, safety classes are conducted quarterly to advise of any new issues
that need to be adhered to .
INTEGRITY, CHARACTER, AND JUDGEMENT
Mr. Tellam has been involved in various waterway industries for 25 years. Additionally,
Mr. Tellam has maintained a captain's license in good standing for also 25 years. Mr.
Tellam works well with all, is a team player and will provide excellent services to the
City of Miami Beach. H20's integrity is second to none and will continue to have high
standards while providing its services. In all the years of service, Mr. Tellam's integrity
has been embraced by his customers.
Mr. Tellam's character is one that brings a peaceful and amicable solution to many
difficult situations. He is an honest and upstanding person and commands the same from
all of the staff at H20. In a difficult industry such as this, H20 gives comfort to its
clients that the work will be performed completely, fairly and timely.
Most recently, H20 was contacted to meet with the City of Miami Beach to discuss the
difficulties that the city was experiencing for reimbursement by FEMA for removal of
derelict vessels, H20 recognized the difficulties and in turn reduced the invoice by 20%,
representing its profit and overhead, to work in partnership with the City of Miami
Beach.
H20's judgment skill is directly linked to the number of years of experience in the
industry, Mr. Tellam is able to make distinctions and evaluate a situation with a great
degree of accuracy. H20 is looking forward to provide its services to the City of Miami
Beach.
REQUEST FOR PROPOSALS NO.1S-0S/06
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:03-
05/06
Part II:
Addendum No.1, Dated '3/2 ~__
Addendum No.2, Dated ~-f/- t2~__
Addendum No.3, Dated __________________
Addendum No.4, Dated
Addendum No, 5, Dated
---- No addendum was received in connection with this RFP.
Verified with Procurement staff
$:
Name of staff
Date
~-#~-
~ontractor -Name) .
.~~~~A I
( gnature) T
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
22 of 33
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 C1-1:..l-~ I -L1i I_~~tf' _C_6......__
/ / [Print n.ame of public entity]
By}(J ~IYAY ~4L /E hUt//; ~
iPrint individual's name and title]
For -----U ~ 0 (J e..J
[Print name of entity submitting sworn statement]
"j Whose business address is ,-.]-16/ ~/;r-/:"p/V~E-~{2~~_~)//1( i
.,c and (if applicable) its Federal Employer Identification Number (FEIN) isfJ-26ZJ-1CJI" (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
----------~--------------------------------------------- ,)
4. 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.
5. 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,
6. 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,
March 17. 2006
City of Miami Beach
RFP No: 15-05/06
24 of 33
QUESTIONNAIRE
consultant's~me: ry...
L.C) 'J 0 k/
--
)(PrinCipal o~,ge~E~A1~~ ,i)/Z ~~/~ ~ 3'J'/fLt
i ~~:~_~epre~~:~ti~~~_5-?Z~~/1( l~
Individual
Partnership (Circle One)
Corporation
r If a Corooration. answer this:
VVhenlncorpor~~~~
L7LZ. ::20 &'J ?
In what State:
----f;J32111-f)-~___________________
If a Foreian 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:
-----------------------------
Members of Board of Directors
Questionnaire (continued)
March 17,2006
City of Miami Beach
RFP No: 15-05/06
26 of 33
Questionnaire (continued)
4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership? Yes ( ) No (wr
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 bid and Qualification Form have ( ) have not (yo--
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 pen hi g lawsuits:
c I" ..R...
- -- --------------------
B.
List all judgments from lawsuits in the last five (5) years:
~jVf
C. List any criminal violations and/or convictions of the Consultant and/or any of its
principals:
---------l!! ,/' e
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.)
-------~~~-----------------------------------------
-------------------------------------------------------------
---------------------------
March 17. 2006
City of Miami Beach
RFP No: 15-05/06
28 of 33
Questionnaire (continued)
The Consultant understands that information contained in this Questionnaire will be relied
upon by the City in awarding the proposed Agreement and such information is warranted by
the Consultant to be true. The undersigned Consultant agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the Consultant,
as may be required by the City Manager. The Consultant further understands that the
information contained in this questionnaire may be confirmed through a background
investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the Consultant agrees to cooperate with this investigation, including but not
necessarily limited to fingerprinting and providing information for credit check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:_______________________________
General Partner
Print Name
WITNESS:
{(CORPORATE SEAL)
9'J~;H~'
~k~4/i>4f/E5FEA///K
Print Nflme of Corporation ' J '
t dG!J~a../
I-
Address
~/
presiden~
March 17, 2006
City of Miami Beach
RFP No: 15-05/06
30 of 33
Exhibit "F"
All Contractor's Risk Assessments
20
G)
Risk-Assessment Plan (RAP)
The proposed project contains risks that must be taken into consideration by the
contractor. These risks and their associated solutions may include:
I) OnboBrd contBnUn.nts are frequently found on all vessels. Hazardous materials
may include petroleum products, paint products, biohazardous materials including
hypodermic needles and human waste, and bottled gases such as propane.
Solutions to handling these contaminants include the use of containment curtain,
absorbent boom and pads, heavy duty disposal bags, and containment barrels on
scene. All vessels to be removed should receive a visual inspection prior to any
removal/salvage operation. Staff shall be certified as first responders. Personal
protective gear (chem~cal gloves and barrier suits shall be stocked.
2) Environmental Resource damage is a concern with abnost every project. Sea
grass and mangroves are found throughout the area. Many times environmental
resource damage has already occurred. A responsible contractor shall consider
how a vessel can be removed with little or no further damage to the environment.
with a proper salvage plan approved by the appropriate authorities.
3) AccessibUity to many vessels after hurricanes can prove to be a challenge. Many
vessels end up on private property, and it is necessary to contact property owners
of the situation, understand their concerns, and make sure they understand their
property will be treated with the utmost respect during the removal process.
Storm surge also places vessels in situations where there is limited access from
deep water. Many times work can only take place on high tide cycles, and this
scheduling must be factored into the salvage plan. Equipment shall be designed
for extreme shallow draft operations.
4) Crew safety shall be a priority. Every employee is issued a Safety Procedure
Manual. The manual is updated as needed, and formal safety meetings are held
regularly. Hard hats, work vests, and steel toed footwear are mandatory while
working on our barges. The Deck Boss is responsible for determining and
eliminating risks on deck during operations.
Diving operations require additional attention to safety procedures. On site safety
meetings are held prior to operations and written documentation including a Job
Hazard Analysis shall be the responsibility of the Dive Supervisor.
5) The type of material a vessel is constructed of may dictate how a vessel is
to be removed and what overall costs will be. An on site inspection of each vessel
prior to submitting a quotation will enable all parties to understand what will be
involved to successfully complete the project on time and within budget.
6) The Size of a vessel may dictate overall cost and the amount of time it will take to
be removed. Vessels larger than what is normally encountered may require
specialized equipment that must be subcontracted or ordered to spec. These
factors will dictate overall time to complete and expenses involved. Our solution
to the need for specialized equipment is the existing relationships we have within
the marine commWlity. We have a portfolio of specialized equipment on file
including point of contacts, location of equipmen4 and a history of rates. Our
company only works with contractors upholding the same standards for c~,
equipment, and work ethics. This quality of networking has proven itself during
the hurricane seasons of 2005-2006.
7) Disposal avaDablUty is a factor that must be considered after hurricane clean up
has commenced. A high demand for dumpsters and trucking is to be expected.
Advance notice to carting companies has improved scheduling and expedites
removal operations.
8) The depth of water dictates how a vessel may be removed. Vessels in deeper
water may require surface supplied divers rather than SCUBA, or ~ barge
mounted crane rather than lift bags. These are factors that need to be addressed
prior to a quotation. We maintain a full inventory of equipment to handle these
decisions and will determine the most cost effective solution.
From past experience, we have determined the most cost effective manner in which
municipalities schedule their derelict vessel programs is by grouping vessels together in
packages rather than individually. The personnel and equipment mobilization necessary
for this type of operation is time consuming and costly. With numerous vessels being
packaged as a single project, we are capable of diluting mobilization and scheduling
expenses, providing a more cost effective solution to the City of Miami Beach.
Another cost effective strategy to be considered is what other types of marine services
can be provided with the same equipment and personnel while it is working in the area.
A submerged tree that has created a hazard to boaters or a dock that has collapsed can be
removed while the equipment is in the area. These similar projects in conjunction with
derelict vessel removal and emergency salvage can be completed at extremely
competitive prices, especially in post hurricane situations.
A Risk Assessment Plan, or Job Hazard Analysis as known to our crews, is a crucial
element for a safe, efficient, cost effective operation. This plan ensures a consistent
approach to each project encountered. Each derelict vessel removal and salvage
operation contains its own set of risks, and it is not an operation to be considereq routine.
The Risk Assessment Plan already utilized by our company shows our commitment to
providing clients with a quality operation that they can count on every time.
o
4/14/06
RFP # 15-05/06
Risk Assessment
Derelict vessel removal can be very simple requiring little planning and no risk. On the
other hand jobs can be very complex and extremely high risk. In an effort to eliminate
issues of over budget, not completing the job, change orders, etc. the contractor will bid
each project on a no-cure-no-pay basis. No cure, no pay means if the contractor does not
complete the project with in the terms and conditions of the specific agreement the city is
not require to pay. With a no cure, no pay, mangement all the risk is on the contractor
and eliminates all risks to the city for non-performance.
No Cure No Pay is a common pay arrangement in the salvage business. As it applies to
this contract with multiple bidders it should be a great asset to the city.
All work will be performed in accordance with current laws and regulations governing
the specific type of operation we will perform on the job. All work will be supervised
with PIC and the PIC will be directly involved in all vessel removal efforts to insure the
. safety and quality of work. All environmentally risks and concerns will be assessed and
. appropriate action taken to minimize the impact of the vessel removal. All cost associated
with environmental mitigation will be included in our flat rate price.
@
RISK ASSESSMENT PLAN
The Removal of Derelict vessels is at times very complex. However this will attempt to simplifY
it for purposes of the Risk Assessment Plan. The first area to be described is where the derelict
vessel is not sunken. With this frrst type of scenario the vessels will be secured, towed, and
disposed of pursuant to the scope of services contained in the RFP. The risk involved with such a
scenario is directly linked to any unforeseen which would happen while the vessel is in tow, i.e.
break loose or spring a leak, which requires additional man-hours than originally anticipated.
However, we will stay committed to the original quotation for each project price regardless of
what happens after we start towing the derelict vessels.
The second type of scenario is where the derelict vessel is partially sunken. Although pricing for
such a scenario will be submitted pursuant to the City of Miami Beach's request, the risk is
assumed by us in the event the pricing did not cover any unforeseen activities, Le. the vessel
totally sinks or totally breaks apart, We will be committed to do the work at the original
quotation for project.
The third scenario is where the derelict vessel is totally sunken. This last scenario is where most
of the unforeseen risk will be assumed by this service provider. However, we are fully
committed to fulfilling the services described in the RFP at the price quoted prior to the
commencement of work.
The three scenarios above are being presented when nonna1 conditions exist and there is time to
assess the derelict vessels, prepare a quotation and wait for a notice to proceed. Unfortunately,
there are many instances where we do not have the luxury of time i.e. hurricane season, and the
turn around needs to be expedited. We will work with Marine Patrol and will follow their
instructions.
We are ready and committed to carry the burden of the risk involved with such a project, The
bottom line is we are committed not the request any CHANGE ORDERS once the notice to
proceed is issued pursuant to an agreed price proposal. Therefore, there will be no surprises
when the invoice is submitted. This type of risk assessment plan should give the City of Miami
Beach a comfort level. We will carry out the work efficiently, effectively and safely.
We will be on time when providing the required services. We will work in partnership with the
City of Miami Beach to ensure controls are in place to meet the vision set forth in the RFP. We
will record the vessel registration when available, photograph the wreckage, and provide accurate
descriptions of the derelict vessels.
In the event there is Hurricane, we will work closely with the City of Miami Beach, Marine Patrol
and FEMA representative to ensure any and all safety concerns are promptly addressed.
We are fully aware that some of the work will take place in enviromnental sensitive areas and we
will take every precaution to safeguard these areas.
MiamI Jieach, t'lorida 33139
RB: RFP-15-05-06 Removal and Disposal of Derelict Vessels
SubjeCt: Risk bseasment PI.n
To whom it may concern,
The above-mentioned project has the following risks:
(a) The main factors affecting time frame. change of budget, cause of change
orders, or dissatisfaction with the owner would be the following any
additional weather related disasters sUch as hurricanes or tropical stonns.
Shallow water areas that may restrict equipment access. Environmental
conditions (presence of seagrass, fuel or other contaminates aboard vessels
that may require special cleanup or containment), utilities or pipelines
buried in the bay bottom. Vessel ownership conflicts. Authorization from
the state of Florida to perform emergency cleanup (Registered vessels
require specific documentation).
(b) The ahove- mentioned risks can be avoided or minimized by obtaining all
necessary infonnation on the vessels and ownership, visiting vessel and
site before a quote is sent, obtai ping all clear from utility companies. Last
but not least the most important aspect is to have the proper equipment and
equipment that is well maintained.
(c) Options that could increase the value ofthis project are hundling vessels!
debris into one quote rather than having separate quot~ for each vessel.
The beneftt of creating a RAP is tharit'lets the city know the factors that may affect the
work.. In our Jine afbusiness there are many unforeReen conditions such as those
addressed in this RAP. Many of these factors are not obvious to someone who is not in
this industry.
~;;u
Ir "GENe ~. Ale No, E>!L3. 05-891-953.8 . '___.
..J.AI~1'I~1'___305=-891-956~ _______
C..lstomerl!l Rule Ins. Agenoy
, 'DO Biscayne Blvd. ,
_ te 900
1'<J.iami FL 33161
. L.Ylln. Remon. ' ___._
'coPti:' -' - --- -- I SUIl CODi:
. AdNCy------------'--------
c ' TOWTE-l
COVERAGES
COMMERCIAL GENERAL LIABILITY SECTIONoP,D Ml; D;~E)~~/D~~~
APf>LICAN1'
(FI,al
Named
In.ured)
Tow Tell Marine Services LLC
---_._~ --'..,----- -.,-.------ ---. ~_.~- _._._--~----I"-._----- -------,.-----.---
EfFECTIVE DATE ! EXPI~ATION DATi ~__ . D/RECT BILL I PAYMENT PLAN I AUDIT
_1}(~Y_O~~_[~}I22-J_~ I AGE~CY SILL Ln________ _________ .__
FO,.
COMPA~Y
us,; ONLY
LIMITS
OENE"AL.AOORiiGATE... $2,000,000
I PftODUCTS& C~PLET~DOPE~NS ":G-G~!GATii -, 2,000 1000
c--------.----------- -----.-------------__
I_:~Z_O~AL.-. ADVE"TI81.!'_~ ~~~:!.__._. _____..!..2_! 09Q.d)_9~__ -=::-c
~;OUCTlBL&S------ ----..---- ------ - - -F~~:~~i~;;,~~~~ls~s_~~~~_~Q;~;no;____;.~ ~-~~~~~Kci-~-~_~~ _ ~~~O~~T~ _____
X : PfWPER"-Y:;;AMAGE . MiPtCAI. .!XPEi~81 ~.~y o~~_"_.r~".nJ._,___ $ OTHE"
-~ B"CILY INJURY:$ H c~: ~!I'o'I!.Lc>~11E S~_J!FI~___ _____ m_ *___ ____
.._L______---.-! __L_~~_c~_____,_~_ __ _.. rOTAL-----
OTH&I\ COV!:I'IAOES, IO:IlSTI'IIC'I10N8 ANg/OI'lINDOR8EM&HTS ('0' hirod/non,olNnod .uto cove",e. .tt.c~ Ihe .pplj...b~-;I.t"lu.ir.i..iuiD Saell6n~.t;CoRD1i'i)-'
X I COMMERCIAL GINlRAL LIABILITY
-Tx- CLA MS VADE i-' OCCURRENCE
'--r-- L_,
OWNEft.S .. CONT"ACTO'U PI'IOTI!CTIVE
P'UiMIUIIa
PREMISI!S/OI'I!I'U. TlONS
Hired & Non-Owned Coverage.
SCHEDULE OF HAZARDS
LOC:TION i CLAM'I'ICATION EXI'OSURI! ; TIlRI'I RATI I PftlMlUII
1 i w..., ,... "..., ....p--T---;-~--m~ , ~ ~u -F~~u; ..'''''' jO.tOOuc'l ........ I.."".....
I _+_~ --__u___ --L- ~---~-----~~--l~-- _~_ --1--==
i___L_____ i .__L_~_ $7:~O.~~----~~~T' '--r-+--+--
- ~~---_u_~ _ _j- ; _ !
'----L-- _u_ ---:-T~n ----- -1-1-+ i L____
----T------ ---- - - --- --t- --- -t-- - ---~------- -- ------ -i I -~------
-t---- -r- -----,-- i ---~-- --i----~---.__l_____
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ti-"-ATI~G~N~-;;&MIUMIIAs.a------------' ~---- - ;- ----__-L_ -- - L--L --___1_ i
, (P) PAYROLl- PER ",COO/PAY C' -('-'l ,~ -- ----.
,S,: G'lOSS SALES - PER S1.00C/SALES (A) AREA _ PER 1,OCC/SQ FT : ,. ,""S r - PER $1 aOO/COST (U) UNIT - PER UNIT
oM) AC~"IS:;iOtJS - f'!:R 1.000/AOM (T) OnlER
,...,?LAIMS MADE (Explain all "Yes" reapona..) EMPLOYEE BENEFITS LIABILITY
~' PROposeD ~eTHOACTIVE DA"-E
~-~~~~:~:EO~0~~J:~:~:~~;~:~~t6~~~;f:~N~---- ; ~~~~~~I~:E{;~~~i~~-=-~~=--- - -, _____. ____._
DE~'" EXC-LUDe.o UNi"SUREC OR SELF-INSURED YI!S NO 3':~_~e~_R_O~ WP'-O'(E~SC_Cl\o,ERED BY fMP~~EFITS PLANS---- -
r~-~~~;~~;~~~;'';":~::,:: ".;" ;" - -- --- -- '" ""^""''''~ ___m - - -=:==":=1
RI!MARKS----- --- . '----~------- J.__
itIlMA"K~'- ----------i
----~-
ACORD 126 (2004103)
PLEASE COMPLETE REVERSE SIDE
~ACORO CORPORATION 1993
PRIOR CARRIER INFORMATION
-T
l_~jtJE__ _~~c~nGo~~_--L_ NONE ________ ___ __ ______ ___"
,,______nn" --------r-- - ______n_
I' CARRIER -~~~ .--.j---.--- ..---. !---
r;;;:';-;:~N-uMBiOR l ~-----1.-~----,u ~__'_'U I-'-i"";';;,'-~,,:':~~,"<~- I c,;:,~s. T-~~,~~-t----;-CL:~~;---~~:c-~~:~'~';r-
I ~i-AIMS I ('~>:V'H';:~<!".: MA~( -L. t .___
_ "'~~ I ! ~ bCCVFlRlI:...,r ; Cl~~.~~ __.______. ..__...____~_____'.__ __ __~_____~.____~ __.._ __ ._..____._~____
:..L::=--~Y?~---~-~~---'---L----~u .0_ ._'-
TOWTE-l
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: !:n:.Exp DATE
:-IG~~E~~~;~GAT~=t==
i "'PlfoOTJCT'6e1'il;)TjjO i
I r AGGREGATE ___~
r--;ERSONAL & ADV I',J
............- --
: (ACi",OCCURREI\CE '
;~ FIRE D~_~__
ir: ~ED,ZAcEXPENSE
\~~~~'~~~~:::::, ----=~-==~---~=~=--=--~t~1
, I PROPt:RT~CCURRE~CEt--__ ___ __ _________ ._H_____._.
I ~~MAGE "<3GREGATE i --.---4-- -- ----...---- ____u._ t , __ .J-
_~ ::O~~~NED S:NGLE lIM;~___._______~__ _+ __ _ __ _u_ __
..-.---.....- .-.-!- -----------j--
...------ I
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,~~:*~MB~;-- -----r--=-==--=-=-L-==--h_. -_.~===~~:_-=:~=-~___;_u
POLICY TYPE '
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--------- --------t--.-..---- ~---_.-. -..- -------~~---
__________.1________________,_______ ,___.__
,
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: 10-;-"':' PREMIUM
fA L
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~FF.EXP 'JATE. . ..._.---------f---,-- ._______
C~;N~GLF. LIMiT i _ , _ __ ___ _ ' _ __ __ _
~~~~~ --~;~~==~.--~--=--l- -~=--=- --=1-_
~~::~:::I::::~~OR I -,-__.___ _____ __._ '__ _. ___
--f
DATE 01" E"
OCCUR~BNCE UN ,
-=~=--=~:t~-~-=-~--=--=--=~~ __~__--:=- ..___-=~
TYPE/DeSCRIPTION 01' OCCURRENCI! OR CLAIM
R ,,--l-I~.SU.q~Ci Cr.( O.:CLRRI-:NCh-S THA"! ~AY GIVE RISFTO CLAIMS X: CttK HERE
T' --~;T'--" -1-- ,",OUNT ! ,Ir@ ,",aUNT STATUS
01' CLAIM r _ PAID _ I _ RESI!RVliiD , O"l!rLS[
~ - - -j-=----~t -~-~ ~ =t ~- . - -+-:t
,
._---------+-~-
I~~-=--=~l___-=l...___.____ -~-------
REI\IARKS NOTE, I'iDIUTY REQUIR.. A FIVE Y!!AR LOSS HISTORY
-----.--------..------. .---
i C:)?Y 0" T,..,E NOTICE OF I~FORMATIO~ PRACTICES 'FRjVACYi HAS 8i'EN 01 ..oN -(. 7HE /, ~P"c.~N" .'\0: ""Plcab'" In al/ '~ates. ceO"u'! your d9ent or broker for your state's requiremenl&.)
,-'-'=:IQF-'~~B~'iCE INFORMATION PRACTICES PEPSONA..Ir-;,O:l\1ATlON A8Ch,- /,-;c 1\':cu81,\jG 1'.I'OI':M.A"- Oi, cROM A CREDIT REPORT, MAY BE COlLECTED FROM
". \\8 C'hER :HA~ YCu II-; CO,\jNECTION WiTH T..jIS APPLlCA TION FOR II\SU~.;NC~ AID SLBSEQ,.f,\j- PC :e Y 'i[NC,N.A,LS SGCH INFORMATION AS WEcL AS OTHER
,AL AND PRIVkEGED INFORMAT,ON COLLECTED BY US OR CJR AGEN"-S \lA'( I... ~EI'l1","," CI'i::,JVST.A~C~S 13E DISCLOSED TO ,H!F<D PARTIES WITHOUT YOUR
~ ~ ,:ATI"'" YOu i"AVE THE RIGHT TO REVII"W YOUR PE'''SC~^__ !"F0r<~ArIC'. I!. r,/;; F L"" o,'b:;..\N i{=Ci_,rs~ '::()F'RECTlON OF ANY INACCURACIES, A MOl'll::
:r,A,:LED DESCRIPTION OF YOUR RiGH.S A/I<D OUR PRACi 'CES R"GA::ID:'JC Sl!':- I\FCQ1A" 'J"-\ .":,'U.AS:.E '_PJr, REQUEST CONTAC r YOUR AGENT OR B~O"'ER fOR
NSTR"C""O",S Or-. HeW TO SUBMIT A REOUEST TO us
ACORD 125 (2005/0&)
---- - ------.rn-CHMENis---
p.---------
, STATE 5lJPPLEMENTiSj III aWhUlDlO;
-- -~._-~-------_.
-'~--,""'~-'--
.L_m--'-_
~
:e:!:!ld
I AGE.~i?Y
I CustoII'.e:::-s Rule Ins. Agency
lOaOO B1soaynfij Blvd. ,
Slli te 900
Uli Fr. 33161
~n Remon
...dNE-- u 305-891-9538
,Aic:!~!>,_E!!l'___ __ ._..___ ______
~x 305-891-9562
k":!,iA~o.L,----~ -----------
AODRESS: ________. __._n.._.'_____
-;00;:-- ____.~. COD~_________
AGENCy'CUSTOMER 10; TOWTE-1
STATUS OF TRANSACTION
QUOE " ISSUE POLICY
____-j L_._~
80JII,O ,GIVQ Dole andlor AtlQch COpy)
DATE
COMMERCIAL INSURANCE APPLICATION
APPLICANT INFORMATION SECTION
CAI'lJltIER HAIC cooe:
------
-Essex In;ur~nce Company
po~iciEiCRPROGAA'" RIQUUTiO----
I
OP 10 Ml'
DATE iMM/DDiYVYY)
11/01/2006
OERWRITER
~ -. _ __._.,_.1_.________
.-- . -'POLIC~' NUMIlIR
L___,
R::;t'JfW
~NDicA!!SECr;_ONS-~T!.~C~~D _ _:,' - 'l -EQUIPMEfn FLOA TER ---=CARAGE-ANO DEALERS
: FfiC,/,,(FHy ~ INsr"'I_LATIONIllUILDERS ,",ISK JEH:CLE SCHEDULE
I ,..--.... ~
--; G."SS AND SIGN i _-1 ELECTRONIC DATA PROC '_--j BOILER & r,lACHINERY
--j ACCOClN7S F<=CE:v/,SI~: r: COMMERCiAL "-- i WORKERS COMPENSAT,ON
~ VA.IJi'8LE PA=e,:<s ~ GENERAL LlABllIiY ,i
';HIMEIVISCE',lA,N"OUS CR Ml:', I BUSiNESS AU 10 ; , UMBRELLA
1 PANSPOR 1~.,fI()':1 . ',c..., "--1 TRL'CKERSIMOTOR CARRIER ~-~
o F: - ,J' .' , .~ ----J
PACKAGE POLICY INFORMATION
EN': Eil 'rH~'S I'.FCRMA~ 0", \', "',N CO\<M<':" reA 7Cti 1\I,m TERM,S APPLY TO SEVE"RAL LINES, OR FOR MONOllNE POLICIES
-!Rip~~~~F~A~~~,,"__p~.OF'~~O EX~_ ~~D- . ~L~ING P~~+-~!AvMeN~.!'~;--- . _~_D~~_
l---~ IJIRECT BILL
iX' AGENCY BILL
11/01/06
11/01/07
C HA~; GE
TIME
,"'M
CANCE~
I PM
APPLICANT INFORMATION
mAt LING ADD"." IHCL ZlJt.t.4 (of "irst Nan\W Insured)
I NAME (Flro' N_d '"our.d ~ Oth.r N.....d Inoureds, I
ITOW Tell Marine Servioes LLC I P. O. Box 490276
-------J Key Bisoayne FL 33149
rFe111lb" lioe liEC'r------- . ---TPHO'f;lE'----'----,. '------------ , i
~(Of First Named Ineured): 43205_0301_~, No, E..xl[:___.._.____ ....-----_ __.,__._ "Twn~-----
1i=MAIL ~1(..StE6j:
AO~S@~L_ r--' 'st5lAJiY-R"'S'-- '-------CI!1!UJ{E/\\J'--o NUMB""
'I"DIVIDLJAL 1 CORPORATION I ; 8K~PORA?TON X ~LC I NAMl! i'
--' :-- . f-j NOT FOR :vcr OF MEMil"RS
..._l:AHrN_I::RS~'.P t ,.O'N'rVE:!I;l".iR~ROFITORG I "'NC:;:AN,A_G_E~~_~_-,---______~___,___, . . ______
INSP&CTIQN CONTACT, Ri.chard Shallow l ACCOUNrlNC "I!CORDS CONTACT: RiJ.chard Shallow
AiC N~~~786-797-i836 : ~rro'1:i ! ~8N:o '~t-:786-797-7836 'l=ss: ---
PREMISES INFORMATJON
I LOC'" : .LD' .L-
-r-o-A~US
I STARfec
I
I
I
NATURE OF BUSINESS/DESCRIPTION OF OPERATIONS BY PREMISE(S)
I Water Clean Up Boat Salvaga
.. .-.-i--.-r---,. n,"___
N~IDE i__: OWNER
OUTS,DE i I T!;/,,ANT
t---
" VR' , I ANNU"'L ,
BUILT: eM~l.OYII', REVI!HUES ' % OCCUPIED
f-~t=----___i-----;--.---
I I I
~---f-------1---------t- -,
I
3301 Rick.nbacke~ CS~9
~:aaBiscayne FL 3314 -
-f-----,----.- _n____. _ ____.____ .___..
I
STRiET, CITY, COUNTY. STATE. ZIP.. ; CiTY LIMITS INTEREST
-----------.------_____.____n__ ..------- 'nT--._. T-
X NSliJE ; 'J'NNER
u..... OU "S:DE l'~ TENANT
i
I
L
GENERAL INFORMATION
r,~~LAIN A~L "YES" fIlEISPONSIiS ___--:____ _____. .. ........_ ___;_V.~8, NO. Ei!'~~I~~ ~~:6'~:~:~~~S_(TE1'J1Nmy~NVAl"F>tTCANrBrnl"--. ~y~~O
1~'_iS T~~~~I.:'.'~_'(OF ANOIHER E~______,___ ~----+-~NDICTED FOR OR CONVICTED OF ANY DEGREE OF THE CRIME OF FRAUD,
I ~ b CJOEST~~_,APP~'CAI-oT~,AVE A_Io;V S~~SI:JIARI!'S? _ _ -i- ,~__~~~~~E~I~!;~~~~~~~~RO::~~E~~~N-RELATED CRIME IN CONNECTION
i" <' A FORMA. SAcE"'Y PROCRAM IN OI'ERATIOfj? , i X; i1n '11, thiS questlo" mUSt De answe'-Ad by any apphca"llor propeny 11l6uranee F~ilc(e
t . -.:_._--~.. '.--. -,.----.. r-:--__. .--.:..---;'"~---~----:----.. __n__ ----.-----------.i "- -< '0 (J.SC4.nllif:!.tre ~...'stence o,.an arson con.III(~:on 1$ a rn.ISdem~Anor J)unlsnable by a
1 _"N. E)<PO~L_R:~.?FL~,_""_A~!'~S EXPLO~"'.I:;~~_"~.c_~~~!_____ ____+ y.~ _~lenceo',u,o~~_~!'mpri.onm~ ,_____ ____u___.__
~-- AI\i:'-CAT,ASTROPHE EXPOSI,;R,,? X: 9 M.Y UNCORRECTf'D FIR/< CODE VIOI.ATlONS? X
k~::;.y O:;'HE-RuNSI::-R".6NC;-e W,TH TH~S_c.OMr>_~~~O~~'JG SU_~IT~!'J? _ - =- I .~. ~:,-:~~~-ir;;~~~A~tf;Jnm;~A:<MCRE61ITTENS-..-cAiNSTTT~~lICANt _..--=1' X
,b AN', PCL:CY OR COVERACE D!'C~I"EC. CANCIOLLEO OR NOI"ReNE'NE;O fh;IUK, ; Xi' 1 ~F;~1:';rr~N~~~~~YCED IN A TRUST? . rx-
I THE FRIOR 3 YI'ARS?Not appllca~le ,0 MO) . .. '.. .. . ;-12-::U"n.mrrr~AT1~~lmHllfoom:TS'lrIST~lSUTEtnr.US'A.Vl<Us+_---
7 - Ar;,'\i-;>ASfC:>S"SEl>OR'C?J~TJ~G1o_SEXtJAL ...-au~tt:ry.:;VVr:n;:'~0" ----..X' PRODJCTS SO~:)/OISTRIBLJTEO IN FOREIGN COUI';TRIES? (If-rES' attach
/" "L_I::;A~!ONS, DiSCqMI"...",I::lN OR NEGLIGENT HIRII\3'; .. _~__... --_L._____ .__~!<C' ~.L5__lorLlaOi~l~ E"P<'-5~r ACORD 8~ for"prc:perty EXf..~J'!L...__._
L&MA~KSiP"'OCESSING INSTJIlUCTlONS (A,*-o" .delltlon_ &j,eee. i' mor.. spaoe io requirsd)
I \NY"'E~ NHO ~"CWI"G,-Y A!o"D W,TH I!I;TENT TO DE~~AUn It.v 'NSU"",JC, ':(:....PA',' ,~..,\lJCT"'R rr'lSO\' F,-E:; M: ,\P;'cICATION FOR iNSURANCe OR ~,A'rEMENT OF CLA '"
","),'. 'AI'-.'':G MN MA TERIAlL 'f F..,_S': INFORMATlO", OR ,:ONCE,\L'> ~CR T: iE -J"F(;SE 0'- M ",f'A:I'.(, '\i"Jf?'1ATICN CONC!'PtjING AI\Y FACT MATERIAl. THERFTO, COMMITS A
. f':e,c O"L1::I. r "='J~MlCE ACT, W.~'CH IS A CRIME AND ,'JEJ;O::C-S': ,e;o "=P5J'; "C;;; \1";,'< ,"JU' ,y SL!'3ST/.N-:-:4Lj CIVil ?ENAL ":ES. (Nor appllcab:e In CO, HI. NE, OH OK, OR, '-'I VT, In DC cA
~",~ ane '/A,l";suranail bQli<i4ts May also be deniea)
~ ' -N_ ''-'5"',,,,,08 AN AU7fiOR!ZED PEPRESENTATI"E 00 ThE A"Pc,CA\' 7 ANI.: C"F>T.f"/,,; 1"1.'>''' ;EAS8NABLE<:NOU:Rv HAS B~~N MADE TO OBTAIN THE ANSWERS TO OUES,rONS ON
".- ~?~ CAT!C'J. "E/S'iE CERTI~:ES -HAT -HE "'NSWERS AR.: Ti'1,:E. CORi'=C- .'M:: c:,r, C>~ET" -:l ":'''E" 8"ST OF rilS/rll;R KNOWLEDGE
l
IX
, DATE/ (>~OOUCI1I'!'S SION"'TU"'El~ /
II ( 6" I.i-'nn Remon "1 fJ1lA N-/fL/J'"\..
L.EASE COMPLET~ REVERSE SIDE
NATIONAL PJltODUCER NUMBl!JOt
be? K l...J
@ACORO CORPORATION 1993.2005
Tow Tell Marine Services LtC
P. O. Box 490276
Key Biscayne, FL 33149
~ovemberl,2006
Essex Insurance Company
RE:
Losses
Dear Underwriter:
There have been No known or reported losses from 7/5/06 to this day. We have never
had a loss.
Sincerely,
tp; ~d.d:
He?f S. Tell I Jr.
--~~---- --_._~-------
Tow Tell Marine Services LLC
P. D. Box 490276
Key Biscayne, FL 33149
Mari(el ~Jiarine
tD[IlDI~
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORJSM
INSURANCE COVERAGE
Date: 07/27/2006
Pollcvholder/Appllcant Name: Tow Tell M.rlne Sorvlces, LLC
Polley Number (if applicable):
You are hereby notified that under the Terrorism RIsk Insurance Act, as extended on December 22. 2006, that you now
have a right to purchase Insul'!tnce coverage for losses resulting from acts of terrorism, as defined in SecUon 102(1) of
the Act The term "sct of terrorIsm- means any act that Is certlned by the Secretary of the Treasury - In concurrence
wIth the Secretary of State, and Attorney General of the UnIted States - to bet an act of terroriBm; to be B violent act or
an act that Is dangerous to human life. property, or Infrastructure; to have resulted In damage within the UnIted Statl!S,
or outside the Untted States In the case of an air carrier or vessel or the premIsea or a United States mission; and to
have been committed by an individual or Individuals acting on behalf of any fcralgn person or foreign Interest, as part of
an effort to coerce the civilian population of the United states or to Influence the policy or affect the conduct of the
UnIted States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVloeo BY THIS POLICY FOR LOSSES RESULl1NG FROM
SERTIFIED ACTS OF TERRORISM SUCH LOSseS MAY BE PA.RTIAU- Y RetMBURSED BY'rnE UNITED STATES
,}
10VERNMENT UNDeR A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES
GOVERNMENT GENERAU.. Y PAYS 90% (B6% IN 2007) OF COVERED TI;RRORISM LOSSES EXCEEDING THE STATUTORILY
ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. me PREMIUM CHARGED
FOR THIS COVERAGE is PROVIDED BELOW A~D DOES NOT INCLUOE THE CHARGES FOR THE PORTION OF LOSS
COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
3ELeC;;I'ON OR ~JECTjON OF TEftRORI8M INSURANCE COVWG~
WHAT YOU NEeD TO DO NOW:
PLEASE "X" ONI! OF THE BOXES BEl.OW AND TAKE THE ACTION INOICA'reo.
I hereby elect 10 purchasD the Terrori&m Cov8mge reqUired 10 be olrared under the Act for
8 premIum of 116Cl.00 I (Thl. coverage must be purchased at time of bInding and Ie not avallable
a"~m. _fblr poflcy 18 bound) Actlon: Please sIgn and return this lonn with your pllyment for
prwmJum to your InllUl'llnce agent.
_._--
K I declfne to pUrchalle the Terrorism Coverage Illquired 10 te offered under the Act. J
Action: PIu.. el8n and return 1hls fonn to your Insurance agent.
~
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Print Name
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I,r 1\1...: r IOfH..1a t'remlUm finance Agreement
FOl<f'" 414(FL) 10/05
TERMS AND CONDITIONS
READ AND SiGN EA
\'VI~NESSET~: That in consideration of the payment by the Finarce Company to the respective insurance companies, or their , of t e balance of the premiums
",Jcn the pclicies ~tln$urance herein before described on the .'l!tache,) page h,ereof (which poil-;Ies have biler. issued and delivered to the Assu:ed at his reqLoest), the
'ssurad prorr'ls,es to pay to the Finance Company the amount shewn ill the comple:ed schedule on the attachlOd pa;;e nerll::m under the caption "Tota; of Payments'
\I"'".~ser\lice charge thereon as in said Schedule provided; and the Assured agrees with the Finance Company as foliows:
}Assured assigns as security for the total amount payaole hereunder any and all unearned premiums wnich may become payable under the policies listed on the
i:lililCh ed page l1ereof,
,:. The Assured hereby appoints the Finance Company its altomey,in-fact with full aclthonty to cancel and (Jive notice of cancellation of said policies listed on the
dttached page hereof for non-payment of premium, The insurance C'~mpanies dated on the attached page hereof are hereby authorized and dlrectea, upon the request
cf the Finance Company, to cancel said policies and 10 pay the Finance ComJ:any the unearned or return premiums thereon without proof of default hereunder or
'1reach hereof cr of the amount owing hereunder, Any return premiums received from an Insurance company will be credited to It.e balance due hereunder and if there
s any excess o~ at least $1.00 over the balance due, It will be paid to the Assured. The Assured shall remain Hable for any deflclency together with interest thereon at
~he highest allowable legal rate. "If a balance remal!'1S after the term of the cortract is corlplete, then the Assured will remain liable for that balance with interest
I;ontinuing to be charged at the highest allowable rate."
:\. If policy IS not issued at the time this agreement is executed, the Assured gives the Finance Company authority to fill in the name of the insJring company, polit..-y
number and the Clue dale of the "rst payment. Upon roquest of the Assured, it the actual premiums are other than as indicated. this agreement may be amended to
""fleet tr,e actual premiums. amount financed anc finance charge, and that the Assured wil! rr.;l:<B an additional down palment, if required, within 10 days notice
thereof.
4, The Assured agrees that default in payment of any installment hereof for a period of '0 days or fa/iure of the Assured to pay any endorsement 10 the schedule of
policies within 30 days of the effective date of such endorsement shall Oe deemed a default in the contract. Upon 1 v days written notice 10 the Assured Ihe total
amount due undElr the contract shall be due and payable. The Assured agrees to pay a reasonable attorney fee net to exceed 20% of the amount due and payable
under this agreement if it IS referred for collection to any attorney not a salaried employee of the Finance Company,
5 No waiver by the Finance Company of any default shall be construed as a waiver tor any other or subsequojnt default nor ;mpalr or affect any rights or remedies
:nc,denl thereto, The Assured recognizes and agrees that the Finance Company is a lender and not an Insurer and that the Finance Company assumes no liability
~8reUnder as an Insurer. The Assured understands and agrees thattl1e producer who sohcJted the policIes is not an agent of the Finance Company. The Assured
dgrees that all payments hereunder shall be made directly to the Ffnar,ce Company and payment by Ihe Assured to any Other person, firm. insurance agent or
,nsurance company shall not constitute payment to the Finar.ce Company, This cor-tracl shall be construed by the laws Of the State of Florida.
(;. Tin'e being the essence of this contract, the Assured agrees that upon default in any payment hereunder, and such default continuing for 5 days, the Assured
.yrlcltlS to pay a delinQuency and collection charge on each installment In default for a periOd of not less than 5 days the charge imposea by the Finance Company but
~ot to exceed $10,00 for personal policies, For commercial poIlCit9S, iate charge will not excee,'! 5% of scheduled payment The Assured understands and agrees that
1rfClult In payment of any installment hereof for a period of to cays shall be deemed to be a I'E'CjLlest for cancellation of the poliCies listed on the attached page. If the
(",r':l2l! of the amount due under thle contract is paid off prior te maturity, then the Assured will receive d refund of the finance charge, after first deducting $20,00,
" . ,,":,)n the rule of 78's, Assured will receive a refund only if refund balance is greater than or equal to $1,00,
'I
..., I, ,e Assured agrees that any payment received after cancellation will b(; applied to reduce the incl&btedness and Will not remstate the policy where cancellation
lolice has been mailed by the Finance Company. Finance Compary, at its option, may request reinstatement of the poliCies when such payments are received,
~C.wever reinstatement is up to the insurance company, at ils sole discretion.
3 In the event that a payment made by cheek, draft or other instrument is dishonored by any financial insHtution, the .A.ssured agrees to pay the Finance Company a
Charge ot $15,00,
:~ This contract IS subject to approval and acceptance by the Finance Company in Lenexa, Kansas and if not approved and accepted it is to t>e retumed, Issuing
::;hccks for the poliCies listed on the attached page hereof to the producer or insUltlr or paYing a draft will be considered acceptance,
fL'. ThiS contract may be assigned and the holder or assignee has the same rights as the FInance Company,
11 An administration fee will be imposed on unclaimed funds where allowable by state jaw,
The Federal Equal Credit OpportunIty Act prohibits creditors from discriminating against credit applicants on the
basis of sex or marItal status. The Federal agency which administers compliance with this law concerning this
Premi~m Finance Company is the Federal Trade Commission, 730 Peachtree Street, N.E.. Room 800, Atlanta,
Georgia 30308.
NOTiCE: SEe ATTACHED FOR IMPORTANT INFORMATION
Ips:/\v"vwI .upac.com/login/quote/printJlfa.asp:&Co~ll 041 &T=93&QuoteNum=958913
8/1/2006
(JP.:\l: FlorIda Premium Finance Agreement
, [ PREMIUM FINANCE AGREEMENT AND DISCLOSURE STATEMENT
Page I of:
UNIVERSAL PREMIUM ACCEPTANCE CORPORA TION CONTRACT NO.1 PRODUCER
8245 Nieman Road · LENEXA, KS 66214.1508 I
"I;"" ~00-877-7848. 800-877-7848 · Fax 913-894-4988 QUOTE NO.
i.upac.com · info@upac.com . 958913
,.. AGREEMENT is made on the date indicated below between the aS3ured and the
above tin..nca company, hereinafter called "THE FINANCE COMPANY" for tile fir;dnclng REFERENCE NO.
of the balance of the premiums on the Insurance policies lil;ted herein,
I TOW TELLMARINESERVICE LLC p CUSTOMERS RULE INSURANCE AGENCY
III RICHARD SHELLOW R 10800 SISCAYNE SLVD#900
s 0
iJ P. 0, SOX 490276 0 MIAMI, FL 33161-0000
R KEY BISCAYNE, FL 33149 u TEL # 305-891-9538
E PHONE 786-797-7836 C WEB. 11041-DK80-P8.25-Fl
0 E
EMAIL Richard@Shellow,com R
co NAME OF INSURANCE CO AND PREMIUM POLlCY INCEPTION EXPIRATION TYPE DRAFT OR CHECK
CODe ADDRESS OF BRANCH OFFICE AMOUNT NUMBER COVG NUM AMOUNT
999999 ESSEX INSURANCCE CO, $14975.00 UNI>SSIGNED """", ,v,""uuu .....ef)) IUf~U{){ GL
,AK $788.32 :TalC IIII/f) " 11/1/07
999999 STRICKLAND GENERAL AGENCY OF FLORiD SO.OO : Fee
CLEARWATER, FL $185 00 :Broker Foe
FEDERAL TRUTH~IN-LENDING DISCLOSURE STATEMENT
CASH CASH UNPAID STATE AMOUNt FINANe! TOTAL OF ANNUAL
PRICE DOWN BALANCE REQUIRED FINANCED CHARGE PAYMENTS PERCENTAGE
(Total PA YMENT OF CASH DOC The Amount of The Dollar The Amount you will RATE
Premium) PRICE STAMPS Credit provided to Amounl the Credit have paid after you have The cost of your
~ you or on your will cost you, made all payments as credit as a yearly
behalf sct1&c!uled. rate.
$15,948.32 $4,125,83 $11,822.49 $41.65 $11.864,14 $587,81 $12,451.95 11,74%
r1or'da Documentary Stamp Tax Required by Law in the YOUR !lAYMENT SC~EOULE WILL BE:
illnOunt st..ted above will be paid directly to Ine rAffiiJlJl1t I)f Each Payment Number of payment1\Mlen Payments Are Duel
Department of Revenue, $1,383 55 9 (monthly) Day of Month 10
Dr.{:; STAMP# 65,0225960-16--01
""",'~'l
~e check approprlaa boxe.: EaCh of the payments is due on the same day
jew [ ] Endorsement
[ 1 Personal [Xl Commerciai of each succeeding month un!.!1 paid in full.
(X] Coupon Book ( J Payment Invoice
r ] Al.llofTI.ltic Withdrawal
seCURITY: You are giving security interest in any and ail unearned relurn premhJl1\l: which mav become payable under the policies.
LATE CHARGE: If a payment i. lata you Will bEl charged Eo maximiCm of $1 000 for perstvlal policies or 5% of scheduled payment for commercial pOlicies,
PREPAYMENT: If you payoff early, you will not halle to pay oil pena~ty and you may he entitled to a refund of part of the finance charge. See the following
provisions for additional information aMut nonpa~'ment default, any required repayment in full before the sCheduled date, and prepayment refunds
and penalties,
THE ABOVE INFORMATION REPRESENTS YOUR ITEMIZATION AND DISCLOSURE
FOR VALuE RECEIVED, the undersigned a86ur&c! promises and agrees to pay io the order of THE FI"JANCE COMPANY the sum of lliM1.95 (being the total of
p3yments or above) pursuant to all of the provisions contained on both pages of this agrp.ement, all of which are incorporated herein
NOTICE: i. Do not .Ign this agr.ement before you read It or If It eontain. any blank space, 2. You "e entitled to a completely ,macHn copy of thIs
agreement. 3. Under the law, you have the rIght to payoff In advance the full amo:Jnt due and under certain ~onditlons to obtain I partial refund of the
:!"rvlc. charge.
~
RED ASSURED
PROD R'S NOTE e undersigned producer hereby certifies that all policies listed above hereof have been issued and delivered by this producer and thatlhe
oown payment as ShOwn in the contract has been paid by or on behaif of tM assured. and thaI ail policies listed therein were issued by this prOducer Producer agrees
:0 rrovide written noUce to THE FINANCE CO of any subsequenf endor6cmen! Ie' thE> sCI,eduie of poliCies. The Undersigned warrants that lt1e above contract evidences
oj Q':lna Tide and legal transaction; that the insured is of legal age and has capacity to centract, that the signature is genuine and that he has delivered a copy of this
,;'.ontr8ct to the assured, The producer further states lhat none of UlE! abO/e policies ':,;.ted hereon contain an audit or reporting form unJe86 otherwise shown were
p-o'.'ded, Producer agrees that In the event of cancellation. to rem,! the yross unearGed coin missions and unearned premiums to THE FINANCE CCMPANY upon
request. ;'If! /J _ . /
b1 L./IL,tl J'.efl'L t).:..--' U POLICY SUBJECT TO AUDIT IF ADDITIONAL PREMIUM MARK
SIGNATURE OF PRODUCER --- "X" IN CENTER OF BOX L-J
NOTICE: SEe ATTACHED FOR iMPORTANT INFORMATION FORM 414(FL) 10/05
I sf NOv~ - IH 1..() (j 6
NED EXECUTED THIS LOAN AGREEMENT AND RECEIVED A COPY THEREOF THIS DAY OF <--r~'
Policy will be cancelled for Non,Payment
SiGNATURE OF INSURED ~If Corporation, Title of Officer Signing)
1ttpS:/ /wwwl.upac.comlIoginlquote/printyfa.asp?&C=Il 041 &T=93&QuoteN wn=9589I3
8/1/200A
CONTRACTORS
~e-^~I.A~N A:'-_"YIi.S"I'I.':SPONS~~f~~E.a.t Of !r~~e"'tiOn~~_ ________
I ! C'GESAPP,,,;'A'il' DR~W "LANS, ~ESIG"S (;'l SPEC'FICATI-')I,~
FCR OTHERS?
1--- --------.-- .-.---------~----'---~-
1-.,.'~~fL~S:!~E~~~:?,~;L,~_:~~e~~ASTl.,OO:~~l:~~T:~~. ._,__. ".._
~k", OPeRA-iO,",S INC..u!Cl E:~CAVATION TIJN'iEI.lf\;G
yi('5~R':;RUU'I::J W()'lK 0" =ART..; MOVING'
jREMARKSiDE-S-c;!IBE-rHl! TYPE O'FW01tK-SUBCONTRACTEO -~~~!fJ.%f~~~~- 0
yes NO EXPLAIN ALL "YES" RESPONSIiS (~or pul or p'..onl opefal''''b;
-+----.------------ --..--.'.--." - -~--'- ,. -~-----
--H----:----T --Xi 4 l")() vOloR S....B(:ONTRACTORS CA.RR'! c:; d:RAGF6 OR ... ~..I'-~
~':SS "HM. YC" liS?
TO~E-:'
, YES NO
- --_.,~.__..._--_.-._--_._--
xL D;;-:S :P--'~'-i~AN;'~';';'~~ EOUIPMEt\T TO 0THERS WiTH OR
: W,' HO,"T C;>E'~AfORS')
... --, 'A. Oil WOl'lK
___.____, __ __. __..!~i1C01iTIIA.~T~D
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___~_ --T~F 5TA"'=-'__1. _____._1!!.~ STAI'~__,__,
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X, c' ARE GUiJ,:or;T'<ACTIJ'-<S A~lCWED TO WORK WI;hOU~
?ROVID'NC '(0U ','>/::11 A CERTIFICATE OF INtiI..RAN::E"
PROOUCTStCOMPLETI!D OPERATIONS
~. _____ PRODUCT~_+ ANNUAL. aRC" ~~~_ _ ... '::~UNI~
,
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I
~-- - .------ ._-_.~-----_._-----
I----.-------.-......------------!-------....,-.---------.-, -! - .----- .~.---...-- -.---------.--. --._- -...'.....,-------- ~---
I, !XPL~~,! ~~.:.:'YI!$:".~~P~NSl!~ IF~ an~ paet or pr~~~pro~~:~~_,.llo~_, ., _+"E_51 N~ i E~"':!,~~ ,,l,l..:.:::E~_R!:S~~~&_E~~~~_.~.Y p..to!.!'r84~p~~u~o. opera~o~__~~ NO
11_.:.~~:~:I'~~"lSTAl.", S,~_V~~O~?~_~~~A1"~ PROQU~~:_____ n-,-~----!4-!::..P,<O~C~ I<ECAL':.~~~.!..SC~NTiNU_ED:_~~NGED? ___,______ __ ~__-,-~
t 2 FOREIGN PPOOr_CTS SOLD, OiS-,-RiBUl EO, USED "'5 COMPO,.~EN1S') , " I X I 7. ;.><<ODcieTS OF IJTrii:RS SOLD OR RE-PACKAGED UNDER '
1-------------.----,--.. ~----- -0-------: --i----. A~.JPJ..lt.A:\lTLA~3EL?
I;, RS"EA'<Ch AND DfoVE:l.Of'MENT CONDUCTEO O!-l Nf:W .______,_. . ________~
I f'R')f)UCn; P~A'IINED? X ~. ?IIOO'~CTS U~DE!'< ~A8EL OF OTHERS? X
1________' ------ -------.--,-.-~----------
, ,I GUAR/.,\TEES, W.\HRA'ITiES, HOLD HARMLESS AGREE,VENTS? .__1_---,-~.~_V..:~'OO!:S CC_\,=RAGe..~9.UI~':.~_... ____ -----h-i--.~
i " "'R;;~-T-S;rLA~ED To:..~;~;';;S;;~';;;;;;~~~R;;'--'---' _ _L_,_ ~_.~O ."i~::r.r::'l'. NAM~~ED ~E_I:::,T? eTHER NAMED INSUREDS! -----__;--1~1
t Pi."E",SEATiACH ltTiRAniiu. ."OCHUJltII, L....EL., WANN:NOS, iTC ------
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.____MAI!I~Il!...___Y,.L .
IN'-ENDED USE
,
-------_..,--
PI'tINCIPAL COMPONENTS
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----.+.-.--..
,
\!'l.\j}TIONAL INTEREST/CERTIFiCATE RECIPIENT I ACORD 45 attached for additional nam"s
i' . )$T ,RANK~ NAME AND ADD"188 LI't~F.e_/l~~'~_ ___.._________. CERTIFICATI R&QUIR&D INTEREST IN ITIiM NUMIEI't
: ACOITIONALINOUReD----I--- --,---- -----------, LO<:ATlON: oOl-l,u,~o'NG:
City of Miami Beach ,-_____0,__..
~".!.HICI.~_~___ i 1l0AT: ______
~. .
L_,_; (.oaa PAYI.
I -i MO.HOAGIiI
f..' . LlENHOL.DER
--j
EMPLOYEE AS L.ISSOR
City Manager
1700 Convention Center
Miami Beach FL 33139
Drive
l SCHeDUL.eD ITEM NUM'Ii":
I-OTHE"------~
-____..1__
, ITlM oeICRll"TION:
GENERAL INFORMATION
EXP~AIN ALl. "YIIS" ~E8PONSE8 (I'or 1Il1 put eN' pra..nt operations)
ANY EXPOSI..RE TO RADIOACTlilE/MJCLEAR MAERIA..S?
-- -----..--- -'-~
DGrl\VE PAST. PRESEN; OH OISCONTINUEO OPERATIONS
NVOlVEID; STCR'NG, TREATING, DISCHARGING, APPL YI~:G
L.) SPOS:"iG OR TRANSPORTING OF HAZARDOl;S MATERIAL?
I,eg, :ancfi ~, wastes, fLSI tanks, elC')
__._~~~.;...~XPLAIN ALL 'YES" RESPONSES ("or all paat or prasant operatlonsl
'2. A'~Y 51 "UC'URAL Al. TERATlONS CONTEMPl.ATEO?
--.- --..- -----.-....----- -----..-.-.---------
.~L-' 3._~!:'.yD.:~~C~,r.IOt.:E)(f'CJS':i...~ CON!EM."'~ TED~_ _.
X_ .. "AS "PPLICA''iT BEEN ACTIVE IN OR IS CURREN fLY ACTIVE IN
J() t.T VEN-CURES?
X..
YIiS~ NO
'-r-~"
--___l
-,----1'--
:X
, ANY MEDICAL FAC,LITIES PROVIDED OR MEDiCAl. PROFESSIONALS
EW'LOYI<D OR CD!l.TRACTED?
~ :10 vOll LEA~[ EMPLOYEES TO OR FROM OTHER EMPLOYERS?
4. ;,NY OPERAT'ONS SO~O, ACO:.;,REO, 0R DISCONTINUED IN
LAST ~ vI;ARS?
16 IS THFRE A I A"OR I'-iTERCHANGE WITr! ANY OniER BUSINESS
l)~ SUBSIDiARiES?
. X
rX'"
I ,
-+--~
X
X!
i ~. ARi: DAy ,-ARE FACII.ITIES-OPERAn:o OR CONTROLLED? ----
--..-.,---- 1-- c---.-.______ ------ -"- ------.. --- ______,
_3.;.Iv"-C':~ERY OR E~-~~t~~~OA~~~~__R~N!~~ TO OT':'ER~? i----,- ~ 18. '\'.,'~ AN" CRIMl:S OO_URRED OR BEEN ATTEMPTED ON
[ (,NY 'NATERCPA~T, DOCKS, F~O^,S OWNeD, '1IREO OR ~f.Asr:J? 'X, vOL:R oREM,SES WITHI" THE LAST THRE:!O YEARS?
- --- ------------------,---- r---. 1--' -------.-~-------
.~ AN! PARKI~() FACiLITIES OWNED/RE~.____ _____ ,...-.,1-.-' X: 13. I~: 1 ':'E"E .^ H.iR""AL, WRITTEN SAFETY AND SECURITY
rl. IS A FEE C"ARGED FOR PARK NG? t-~~I)-'- ~?c~~Y_~~"F~CP_ __________
'i RECREATIO" FACILITIES PROV'DED? X
- .-. -----. .----. ,--,--.. t{lf--"",! 2:) DOES T,~E flr.SINESSFS' PROMOT'ONAL l.ITERATURE MAKE
'0 .5 THE'1E A SWIMMING POOl. ON THE PREiVISES? X AN', REPRESE', TATIONS ABOUT ll-iE 5Af<.TY OR SECURITY
L -::-'-S~;:;:-NG OR SOCIAL E:VI:~:s-S;O~SORED? ., - X _~F -=:=-~REM'~_S':"_,_ __ ______,
" Rf;MARKSw.c.r ala...nu" of qenaral ci8bria an. thoQ w.t.r.....y. \,.1r tL~ .;~ ty :.r- M.1.~:ru.
a..oh. on. vee...l - . 4:4 ' .;)~n t'1.eha:nnan. \,I.eta Cot: deta....8 ~.....'1','~v;1tl.
~:;;~~;4ldoa~~~t~.~pe~l~.flo.n;~__: ~~lum w~cr. ova.l: 1 ~ y.ar. ..X7-t&J::J.G:la.
"l:lSCN WHO KNOW'NOLY AND WITH !NTENT TO DEF~AuO ANY n"~~ljal'\\:: -: '-":'MPi\"":0[~ H~CT-jF-;;-;;FRS;)N FI!..E.S.ANAf~..,LICA-r-tE..NFORINS-URANCf:. O-R--------
EN~- Or CL"-:M CONTAINING /4J>4Y MATERtA\.lY FAt SF. :I'IFORMA""lor-L eN ::;(:~~;:'::'A\~S ;;c,\ To.,:": PV100.s'--=. ;;,F" ~!15LF:^OINC 'I'IiF-ORMATlON CONCEfiNING At..!Y
,ATE'<AL 7HER=TO, COMMIT;; A FRAJOULENT INSUHANCE ACT, V'i'1':H.'3 A c."''.~F. .;":0 SU9.~,- is "He 'E:<S(,N TO CRIMINAL -"NO [NY,SUBSTANTlA~] ;,VIL
I ::>~t.A, T'ES, (Nnl app cabl. In CO, "'I, ~,E, OH, 01<:, OR or VT: 'r DC: LA VE, TN .'d VA, I ,"",.10, b..~allt. "ley ai.o C~ 100,,,d)
ACORD 126 (2004/03) ATTACH TO APPLICANT INFORMATION SECTION
,
-,..--.
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t;~;, ClJSTOMl.t~.. RULE IN~~lq"'NCl: AGENCY
..-r:""''':.I:_''...
'3';' '." ~~.:'r' '"Jl
KEY LIABILITY EXCLUSIONS:
Employment Related Practices
Total POlution
Mold Exclusion
EXClusion of Certified Acts of TerrOrism
Exclusion Violation of statutes that govern emaHs, fax. ete
Exclusion-Lead contamination
Absolute Asbestos Exclusion
*Exclusions included, but are not limited to standard ISO and carrier exclusions, Please
review your policy in detail and contact us with any questions you have regarding your
policy's exclusions,
NOTES:
· Policy is auditable by insurance company annually,
· Specific Certificate Requirements should be disclosed prior to binding. (i.a, per project aggregate,
additional Insured, waiver of SUbrogatIon.)
· Payment Options: Payment in full or Premium Finance.
· This policy does not provide coverage for Property Damage to property being removed or
salvaged.
· It is a condition of ths policy that the following warranty applies:
All work must be performed under the authorization of stale government or local municipality.
Written contracts must be kept on fHe.
· This policy does not provide coverage for Bodily Injury to Drivers,
THIS QUOTE'S SUBJECT TO THE FOLLOWING:
· GL Inspection with original photos sent to Company (wjt~in 45 days of binding coverage)
· 3 Year Minimum Acceptable MVR on the Insured and Any Operator (within 15 days of binding
coverage)
· No loss Statement
x
remium of $15,94832 is agreed and accepted.
t { / { L 9.}
Date
NO COVERAGE IS BOUND UNTIL:
(1) CONFIRMED BY THE INSURANCE COMPANY: and
(2) PAYMENT IN FULL IS RECEIVED.
Proposal good until 8/15/06
305.891.9538 phone, 305.891.9562 lax, 10800 Biscayne Blvd., Ste. 900, Miami, FL 33161
w'Ww. ellS tomeI:.sl'u~.&OI)J
This communication contams proprietary bus/nesl! information and rtlay r;ontaln cOnfjdentallntolTl'lation, If the reader of this
rtleslJ!lge is not the intended recipient, or the eml'loy~ or agent res;:lol'sIble to d/!:lll'ver it to the intended recipient, you are: he~eby
notified that any dissemination, distribution or copying of this ':;ommunot;ation 's strictly prohibited. If you have received this
communication in error, please irT!mediately destroy discard, or erase thIS communiCation, Coverage can not be bound or changed
via email, voice mall Or phone systems,
Page 2 of2
:~
~. CU~TOMi:~5 RULE: INStJIiANCl! ACi!:NCY
,'f' ,'1-. 'I '" ',', .. I ".j:,'",:. _j'
P & C QUOTE
July 31, 2006
FROM: Lynn Remon
CUSTOMERS RULE INSURANCE AGENCY
INSURED: Tow Tell Manne Services LLC
PROPERTY ADDRESS: P. 0 Box 490276, Key Blscayne, FL 33'149
PROPOSED EFFECTIVE OATES: 07/05/06 - 07/05/07
WE ARE PLEASED TO SUBMIT OUR PROPOSAL FOR THE CAPTIONED SUBJECT. QUOTE IS
BASED ON THE FOLLOWING LIMITS, COVERAGE, ETC. PLEASE READ QUOTE CAREFULLY,
Section II MARINE LIABILITY COVERAG.s.;.
GENERAL AGGREGATE
PRODUCTS/COMPLETED OPERATIONS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
DAMAGE TO PREMISES RENTED TO YOU
MEDICAL PAYMENTS
$2,000,000
$2,000,000
$2.000,000
$2.000,000
$50,000
Excluded
DEDUCTIBLE: $ 2,500 Per Claim
~ DESCRIPT10~ __PREMIUM ,BASIS ---=-______RA_"IE
Ir 91629 - Boat Wreck : $350,000 Gross Sales, 4,25%
Removal and Debris J I
I Removal from FL
I Waters -__.___~_______d____L,_______________
i Additional Insured , Flat Charge Fiat Charge
I City of North Miami ..L.._____,_,______~___________~
M & D PREMIUM
$14,875.00
I
$100.00
I
~
Premium:
Inspection Fee:
Policy Fee:
Surplus Lines Tax:
Service Office Fee:
$14.97500
$150,00
$35,00
$758,00
$30,32
Total Marine Liability Premium:
$15,948.32
COMPANY:
MINIMUM EARNED PREMIUM: 100% AT INCEPTION (plus taxes and fees)
305.891.9538 phone. 305.891.9562 fax, 10800 Biscayne Blvd., Stc. 900, Miami, FL 33161
""'''-W .cgstomersrule .CQI1l
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