HomeMy WebLinkAboutBiscayne Towing & Salvage, Inc. Agreement with CMB
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AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
BISCAYNE TOWING & SALVAGE, INC
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 1;2 ~ay of ~, 200f,
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter r~erreto as City),
a municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and BISCAYNE TOWING & SALVAGE, INC, a Florida
corporation, whose address is 555 NE 15th Street, # 410 Miami, Florida, 33132.
(hereinafter referred to as CONTRACTOR.
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and CONTRACTOR.
City Manager: The Chief Administrative Officer of the City.
CONTRACTOR: For the purposes of this Agreement, CONTRACTOR shall be
deemed to be an independent CONTRACTOR, and not an agent
or employee of the City.
Services: All services, work and actions by the CONTRACTOR performed
pursuant to or undertaken under this Agreement, as described in
Section 2 and Attachment "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 CLERK
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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.
SECTION 3
COMPENSATION
3.1 FEE
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 of the City's Living Wage Ordinance is attached as
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Attachment "0" 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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and/or Services of whatever type or nature furnished by the CONTRACTOR under
this Agreement. The CONTRACTOR, shall, without additional compensation, correct
or revise any errors or deficiencies in any and all documents and/or Services of
whatever type or nature that are required to be furnished by the CONTRACTOR
pursuant to this Agreement.
b. Neither the City's review, approval or acceptance of, nor payment for, any of the
Services required herein shall be construed to operate as a waiver of the City's rights
under this Agreement, nor of any cause of action arising out of the performance of
this Agreement, and the CONTRACTOR shall be and always remain liable to the
City in accordance with this Agreement and applicable laws for any and all damages
to the City caused by the CONTRACTOR'S negligent and wrongful performance of
any of the Services furnished under this Agreement.
c. In its performance of the Services, the CONTRACTOR shall comply with all
applicable laws, 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:
Biscayne Towing & Salvage, Inc
Attn: Harry C. Offutt IV, President
555 NE 15th Street # 410
Miami, FL 33132
(305) 358-1486
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 MIA I BEACH, FLORIDA
ATTEST:
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By:
City Clerk
Robert Parcher
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Date
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Date
FOR CONTRACTOR:
BISCAYNE TOWING & SALVAGE, INC
ATTEST:
BY:~ ' ~
Sec etary
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Exhibits:
Attachment "A" - Work Order
Attachment "8" - FEMA Guidelines
Attachment "C" - Insurance Checklist
Attachment "D" -The City's Living Wage Ordinance
Attachment "E" - Request for Proposal No. 15-05/06, Addendum No.1 & 2
thereto, and Contractor's response ttUtfRREWEO AS TO
Attachment "F" - All Contractor's Risk Assessment Ff=cOBM & LANGUAGe
& FOR EXE TJON
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi 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: BISCAYNE TOWING & SALVAGE, INC.
Attn: Harry C. Offut IV, President
555 NE 15th Street # 410
Orlando, Florida 33132
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 "8"
FEMA Guidelines
19
1"-----'"
.-
".Ji;
I
."-:---=--"..
u'~ .M_..:'.:..__..... .~---
. -"- ...--
A)
Navigation Hazard Removal Checkllst.
The following checklist should be used to
ensure that all aspects of removing
navigation hazards are considered.
, ,.a.
.J
o Coordinate with V.S, Coast Guard,
State Marine Patrol, local
government agencies and legal
counsel.
o Inspect marinas to locate debris:
· Visually by helicopter or boat.
· Via side-scan sonar.
· Via diving.
o Use Global Positioning System
survey methods or some type of
flotation marker to pinpoint location
of sunken debris.
o Keep a log that reflects an accurate
count of debris items with
corresponding locations.
o Record the vessel registration
number and photograph the
wreckage.
D Provide notification by certified
letter to private owners of impending
vessel removal. This should be
pefformed in accordance with legal
constraints.
[J Provide the owner an opportunity to
remove the vessel prior to local,
tribal, State 'or Federal government
initiation of debris removal.
[J Provide public notice in local
newspapers.
o Generate scopes of work based on
items to be removed.
o 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.
~ -
40
Cl
Fixed price contracts with each piece
of debris indicated as a line item are
not recommended because of the
possibility of change orders.
Incorporate in the contract
appropriate regulatory concerns
and/or applicable State laws.
Maintain continuous communication
with local, tribal and State
authorities.
Continually verify the number and
location of sunken vessels and
ensure that accurate records are
maintained
Require that a bill of sale or a vessel
registration be presented to the local
government representative on-site if
an individual claims a vessel during
removal operations.
Ensure that contracts and the cleanup
schedule incorporate tidal
constraints. Debris located in
shallow areas may be inaccessible to
contractor equipment during low
tide.
o
o
o
r
.
;
,
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 findings of the field inspection.
· EnsW'e that the mobile homes are
unoccupied.
· Ensure that the property is posted in
acco~ce with local regulations and
that mobil-e home owners have removed
their per: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 govell1ment.
· 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 certified
surveyors to ensure that navigation hazards
are removed safely and efficiently.
39
<9 MIAMI BEACH
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
$1.000.000 .00
xxx 7.Thirty (30) days written cancellation notice required.
xxx 8,Best's guide rating B+: VI or better, latest edition.
xxx 9.The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
16
I A CORDnA CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDDIYYYY)
03/02/07
'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Starkweather & Shepley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Insurance, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 294
Westerly, RI 02891 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A, St. Paul Fire & Marine
Biscayne Towing & Salvage, Inc INSURER B:
555 NE 15th Street #410 INSURER C:
Miami, FL 33132 INSURER D:
INSURER E:
Client#. 9655
BISCATOW
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, !::XCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS.
riRR ~~~~ TYPE OF INSURANCE POLICY NUMBER PJ>AIf~~ri~f~g~,E Pg~$J,~":;~tWlN LIMITS
A ~NERAl LIABILITY OH06900918 03/12/07 03/12/08 EACH OCCURRENCE $1.000 000
X COMMERCiAl GENERAL LIABILITY DAMAGE T9F~ENTED $50 000
- U CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $5 000
PERSONAl & ADV INJURY $1 000.000
GENERAL AGGREGATE $2,000.000
n'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMPJOP AGG $2 000.000
POLICY n ~CgT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
I--
i-- ALL OWNED AUTOS BODILY INJURY
(Par person) $
f-- SCHEDULED AUTOS
f-- HIRED AUTOS BODILY INJURY
(Par accident) $
- NON-OWNED AUTOS
- ~~ PROPERTY DAMAGE $
r---. _ (Per accident)
~RAGE LIABILITY ~~ V!r11 AUTO ONLY, EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
pESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T~~:lt~~R I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNER/EXECUTIVE E,L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L, DISEASE - EA EMPLOYEE $
If yes, describe under
SPECiAl PROVISIONS below E.L. DISEASE, POLICY LIMIT $
A OTHER P & I OH06900918 03/12/07 03/12/08 $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Vessels: 198724' Zodiac, 198724' Zodiac, 199530' Island Hopper, 1991 26' Lindsay and
199431' Silvership
Certificate Holder is included as Additional Insured A TIMA for derelict
vessel removal
CERTIFICATE HOLDER
CANCELLATION
Miami-Dade County
111 NW 1st Street Suite 2340
Miami, FL 33128
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---1D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2
#S158329/M158326
LJW
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S158329/M158326
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 ENTITLED "LIVING 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 REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPWYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private finns contracts to provide services 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,
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 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
subcontraetors 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
finns. 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:
SJCTION t.
That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration"
is hereby created to read as follow:
10f9
Chapter 2
ADMINISTRATION
... >II ...
Article VI. Procurement
... >II ...
Division 6. Uving Wage Requirements for Service Contracts i3Jld City gmployees
... ... ...
Section 2-407.Reserved
Det1nltlons
(8) "City" means the 8-ovemment of Miami Beach or any authorized ag~ts. any board...
agency. commission. dqJartment. or other entity thereof. or anv successor thereto.
(b) "Covered Emoloyee" means anyone employed by the City or any Service Contractor. as
further defined in this Division. either full or part time. as an employee with or without
benefits or as an ind~pendent contra9tor.
(e) "Covered Employer" means the City and any and all Service Contractors. whctber
contracting Qirectly or indirectly with the City. and subcontractors of a Service Contractor.
Cd) "Service Contractor" is any individual. business entity. coaporation (w~ther for DrQfi!
or not for profit). oartnership. limited liability company. joint venture. or si1J1ilar business
who is conductin~ business in Mjami Beach: or Miami Dade County. and mec\$ one (1) of
the two (2) following criteria:
0) The Service Contractor is:
(a) paid in whole or twt fl'QJI1 one or more of the Ci~'s ~neral fund.-
capital proiect finds. soccial revenue funds. or any other funds either
directly or indirectly. whether by. competitive bid process. informal
bids. requests f9T prooosaJs. some Conn of solicitation. negotiation. or
a~rnent. or any other decisiQn to enter into a contract: or
(b) engaged in the business of. or part of. a contract to orovide. a
subcontract to orovi~\ or similarly situated to Provide. services.
either directly or indirectlv for the benefit of the Citv. However. this
does not l\PPly to contracts related primlllily to the sale of products or
goods.
ee) "Covered Services" are the twe of services Durchased bv the City that are subiect to the
requirements of this Division which include the following:
(t) City Service Contracts
Contracts involvin& the City's expenditure of over 5100.000 per year and whicl)
include the foUowin, t~ of s~rv~~;
(l) food orenaration andlor distribution:
(2) security services:
(3) routin~ maintenance services such as custodial. cleaning.
computers. refuse removal. repair. refinishinsz. and recycling:
20f9
(4) cl~cal or other non-supervisorv office work. whether tcm.,pony:y
or oennanent:
(5) trans.portation and garkin~ serviS;es:
(6) printing and reprodJlction services:
(7) landscaping. Lawn. and or agricultural services: and
(8) park and public place maintenance
(2' ShQ\lleJ any services that are beinS!: pqrforme4 bv Citv Emnlovees at the time this
ordinance is enacted be solicited in the fg,ure bv the City to be ~rfonned bv a
Service Contractor. such services shall be Covered Services subiect to this Divisinn.
SECI10N 2"408. Res..-.. LIVING WAGE
(a) Livln2 WaR ~ld:
(1) Service eontractort.
All Service Contractors. 8l! defined bv this Division. entering into a contract with the
City of Miami B'ilach shall pay to all its emplQvees who provide services covered by
this Division. a living w@,ge of nQ jess thl!l $8.56 an hour with health benefits. or a
livin2 wa2C of not less than $9.81 an hour without health be~fits. as described in
thi~ SectiOI1
(2) Cltv Enmlovees.
For Ci\y Emplgvccs under the City oav olano the City will begin to pay a Iivin2 Wll2e
consistent with the eoals and terms of this Division on phase-in b~js begiQnin~ in
the 2001-2002 City budget year. iqcreasing on an annual basis incrementally so that
the Livin2. Wasze is fully implemented for City employees in 1be 2003-2004 City
budget year as m~ be aQjusted pursuant to subsection (c) below. Th~reafter. the
Living: Wag-e to be oaid QV the Citv to its emolovees shall not be subiect to the annual
indexinlll}sinll the Consumer Price Index fqr all Url>tJ1 Consumers (CPI-U) reauired
under subsection ie) ~Iow and instel\SA shall be subiect to nC20tiatioQs within the
collective Q~lla~ninS!: strnctQ(Q,
(b) Health Benefits. For a Covered Emplover or the City to complv with the living wage
provision by choosing to pay the lower w8IC scale 8v~lable when a Covered Employer allio
PrPvides health benefits. such health benefits shall tlonsjst of payment of at least $1.25 per
hour towards the provision of health care benefits for Covered Employees and their
dependents. If the health benefits plan of the Covered EmolQyer or the City reauires an
iQiqal period of emplovment for a new employee to be eUmble for health benefits (eligibili~
~riod) such Covered Emplover or City Ul~ Qualifv to Day the $8.56 per hour wage scale
during the new emolovee's initial eligibility period nrovided the new emploYee wm be paid
health benefits upon completion of the eligibility period. Proof of the provision of health
benefits must be submitted to the awarding authority to qualify for the wage rate for
employees with health benefi~,
(cUndexlo" The livimz waF will be automatically indexed each year using the Consumer
Price Index for all Urban Consumers (CPI-U) unless the Citv Commission determines
it would not be fiscallv sound to implement the CPI-U in a particular year.
30f9
(d) Certification Reoulred Before Pavment. Any and all contracts for Covered Services
shall be void. and no funds may be released. unless prior to enterinR any ,greement with
the Oty for a Covered Services contract. the employer certifies to the City that it will mu'
each of its employees no less than the living wage described in Section 2-408 (a).' A
copy of this certificate must be made available to the public upon request. The
certificate. at a minimum. must include the followimz:
(1) ~"e name. Address. and phone number of the employer. a local contact
person. and the specific oroject for which the Covered Services contract
is sou,ht:
(2) the amount of the Covered Services contract and the City Department the
cootra<rt will serve:
(3) a brief description of the pl'Qject or service orovided:
(4) a statement of the wai~ I~vels for all emDlo}1Xls: and
(S) 8 commitment to pay all erllRloyees a living wage. as defined by
oar82l1lDh Section 2-408 (a).
(e) Observation or Other Laws. Everv Covered Emolovee shall be DRid not lells t~an
biweekly.llfld without subsequent deduction or rebate 00 any account (exccl>t as such
payroll deductions as are directed or permitted by law or by a collective bargaining
a2fCCment). The Covered Employer shall pay Covered Employees waRe rates' in
accordance with federal and all other aoolicable laws such as overtime and similar waJe
laws.
co Po.tIn.. A COPy of the livin, waRe rate shall be kept posted bv the Covered Emolovcr
at the site of the work in a Drominent DJace where it can easily be seen and read by the
Covered Employees and shwl ~ sQppJied to the el1lPJoyee within a reasonable time after
a request to do so. Postin2 requirements will not be required where the Covered
Emplover twints the roHowing statements on the front of the Covered Emplovee's first
p~check and every six months thereafter: uy ou are req)Jired by OW of Miami Beach law
to be paid at least $8.56 doUars an hour. Ifvou are not paid this hourly rate. contact vour
emplovcr. an attorney. or the City of Miami Beach," AU notices will be printed in
English. Soanish. and Creole.
(Id Collective BarpiniJat. Nothin2 in this Division shall be read to ~re or authorize any
Covered Employer to reduce wa,es set bv a collective barRaining agreement or are
required under any prevailing wage law,
40f9
SECTION 2-409. Reserved
IMPLEMENTATION
(a) Procurement SDeclneadoDs. The livin2 waRe shall be reauired in the nrocurement
specifications for all City service contracts for Covered Services on which bids or oroposals
shall be solicited on or after the effccJive date of this Division. The orocurement
soecifications for applicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractors 82ree to Droduce all documents lUld records
rclatimz to payroll and compliance with this Division upon reauest from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective. shall be subiect to the requirements of this Division.
(b) Information Distributed. All reauests for bids or requests for DrODosals for Covered
Services contracts of $100.000 or more shall include aDDroDriale infonnation about the
requirements of this Division. I
(c) MaIntenance of Payroll Records. Each Covered EmDloyer shall maintain Davrolls for
all Covered Employees and basic records relating thCleto and shall preserve them for a period
of three (3) years or the tenn of the Covered Services contract. whichever is llTCater. The
records shall contain:
(1) the name and address of each Covered Employee:
(2) the iob title and classification:
(3) the number of hours worked each day:
(4) the ifOSS w~es earned and deductions made:
(5) annual wages paid:
(6) a CODV of the social security returns and evidence of DaVInent
thereof:
('7) a record of fringe benefit payments incIudina: contributions to
approved plans: and
(8) any other data or infonnation this Division should require from
time to time.
(d) Reoortlnl! Pavro". Everv six (6) months. the Covered Emolavel' shall file with ~f'
Procurement Dire,<tor a comolete Davroll showing: the Covered Bmplover's Davroll
records for each Covered Emolovee worlc:in2 on the contractCs) for Covered Services 'for
one oavroll neriod. Uoon recJuest from the Citv. the Covered Employer shall produce
for inspection and copying its Dtlvroll records for anv or all of its Covered Employees for
any period covered by the Covered Service contract. The Citv may examine oavroll
records as needed to ensure comnliance.
SECTION 2-410. Rese~'ed
COMPLIANCE AND ENFORCEMENT.
(8) Service ContractDr to Coooerate. The Service Contractor shall DCnnit City emoloyees.
BiC'nts. or representatives to observe work bein@: perfonned at. in or on the project or lPatler
for which the Service Contractor has a contract. The City re,presentatives may examine the
books and records of the Service Contractor relating to the employment and \)ayroll to
detennine if the Service Contractor is in comoliance with the !)rovisions of this Division.
50f9
(b) ComDlalnt Procedures and Sanctions.
(1) tut employee who believ~ that this Division aOj>lies or llDolied to him or her and
that the Service Contras:tQr. Qr the City. is or was not complyin~ wi\h the
requirements of this Division has a ri!!ht to file a complaint with the Procurement
Di~lor of the Cil\'. ComDlaints by emolovees of allc2ed violations mav be made
lU auy time and shall be investigated within tbirty (30) ~s Qy the ~i~y. Written and
oral &,atements by an employee shall be treated as confidential ang sh~l not be
disclosed without the written consent of the employee to. the extent ~Jowed bv tbe
Florida Statutes.
(2) Any individual or entity may also file a complaint with the Procurement Director
of the Citv on behalf of an emt'IQvee for investigation by the atv.
(3) It shall be the responsibili~ of the City to investi2ate all allegations of violations
of this Division within thiny (30) days. ]f. at any time. t~ qt)'. upon investigation
determines that a violation of this Division has occurred. it shall. within ten (LO)
working days of a finding of non-compliance. issue a notice of corrective acti9n to
the emploYer specifyinl!: all areas of non-comoliance and deadlines for resoluWns of
the identified violations. If a Service Contractor fails to comply with any notice
issued. the City M@a~f or the City Man~er'8 designee may issue an order in
writinl!: to the Service Contractor. by certified mail or hand deliverv. notifYing the
Service Contractor to appear at an administrative hearini before the City Manajer
or the City Mana,e{'S d.eshmee 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 proceedings shall be informal. b~t ~haJI afford the Service Contractor the
ri2hl to testify in the Service Contractor'. own {,\cfense. pre~t witllC8scs. be
renresented bv counsel. submit relevant evidence. cross examine witnesses and
object to evi~nct(.
(5) The proceedinas ab{lll be recorded and minQt~i kept by the City. Any Seryic~
Contractor l'eQJ,lirinl!: verbatim minutes for iudicial review may arrange for the
services of a coun renoner at the exoense of the Service Contractor.
(6) Within ten (10) days of the close of the hearina. the City Mana,er or the City
Mana~er's designee shall ren*r a decision in writinl!: determinin, whether or not
the Service Contractor is ill coII\PIianQP. or whether other action liJlo~d be taken.
or whether the matter should be continued. as the case may be. and statin2 the
reasons and findin2s of fact.
(7) The City Mallager or the City Manag~r's desiimec shall file findings with the(
City Clerk. and shall send a true and COITeCt cooy of his order by certified mail.
return receipt requested. or by band delivery. to the business address as the
Service Contractor shall desi&1}ate in writing.
(S) The City Manuer's or desilP1cc's findinlls shall constitute the tiU&t
adrn,inistrative ~tion of ~ City for purooscs of iudicial ~viQw under state law.
6of9
(9) If & Service Contractor fails to seek timely appellate review of an order of the
City Man82cr or the City Mana2cr's desienee. or to comply timelv with s~~h
order. the City may Dursue the enforcement of sanctions ;t forth in S~~tion 2-
41O(c).
(c) Private Ri2bt of Action A_inst Service Contractor Anv Covered Emo]ovee of Qr
{orm~r Covered EmDlovee of a Service Contractor may. instead~( ~tiii;i~; ~h~ Ci~
administrative nrocedure set forth in this Division but not in addition to su~h ~:~~~~
brim! an action bv filin2 suit 8ninst the Cove~d Emnlover in anv cou~ ~f t
i4risdiction to eQforee the orovj~ions of this Division and may be awarded ba~k ~~. t;~~fi~;:
attornev's tees. ~d cost$. The annlicable statute of limitations for sVCh a claim :::~~~~~
(2) years as Drovided in Florida Statutes Section 95.1H4)(e) for an actk,~ f~; ~
walles. The court may also imnose sanctions on the Service Contractor. jncludin~ th~-;
nersons or entities aidin~ or abettinll the Service Contractor. to include wa~e restit:~o:u~
the affected Covered Emnlovee and damalles n8vable to the Covered Em~J~~i~
of UD to $500 for each week each Service Contractor is found to h~ve violated thi~ Di~isi~~.
Cd) Sandlons AIr.lost Service Conlf.don. For violations of this Division. the City shall
sanction a Service Contractor by reauirin, the Service Contractor to pay ",aF restitution
at the employers expense for each affected emplovee ans! m~v access the following:
(I) The City m~ imoose d8Il18J!CS in the sum of $500 for each week for each
emploYee found to have not been paid in accordance with this Division:
andlor
(2) The City may sU$pend or terminate Dayment under the CQvered Services
contract or terminate the contract with the Service Contractor: andlor
(3) The City may declare the employer inelillible for future service contracts
for three (3) years or until all peqalties and restitution have been paid in full.
whichev~ is longer. In addition. all employers shaJI be ineli3ible under this
section where principal officers of the emolover were DrinciDal officers of an
emoloy~r who violated this Division.
ee) Public Reeqrd of Sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(f) Sanctions for Aldin!! and AbeUin2. The sanctions in Section 2410 (c) shall also a-p'ply
to any party or Danies aidinll and abetting in 8.Qx. violation of this Division.
(3.) RetallaUon and Dlscrimlnation Barred. A Covered Bmoloyer shall not dischame.
reduce the compensation. or otherwise discriminate against any Covered Emoloyee for
making a complaint to the City. or otherwise assenin, his or her ri2hts under this
Division. partieipatinS[ in any of its proceedinjs or using any civil remedies to enforce
pis or her rights under this Division. Alle~ations of retaliation or discrimination. if found
true in a proceedin2 under patal!1ll,ph (b) or by a court of comoetent iurisdiction under
Darauaoh eel. shall result in an order of restitution and reiqstatemcnt of a dischaJ'2ed
Covered Employee with back p~y to the date of the violation or such other relief as
deemed aD9mpri~
70f9
(h) Enforcement Powers. IT necessarY for the enforcement of this Division. the Citv
ian"flR8\' CommissiQp may issue subpoenas. compel the attendance and testimony of
witnesses and production of books. oaoers. records. and documents relatin8 to pavroll
records necessal)' for hearin2. investigations, and proceedings. 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. p~.
records. and documents. Said court. in the case of the refusal to obey such subpoena. after
notice to the person sub.,poenaed. and upon finding that the attendance or testimony of such
witnesses of the production of such books. D~rs. records. and documents. as the case may
~. is relevant or necessary for such hearings. investiptions. or moceedinBs. may issue an
order requirin~ the attendance or testimony of such witnesses or the production of sucb
documents and any violation of the court's order may be punishable by the court as contempt
thereof.
(i) Remedies Herein Non.Excluslve. No remedv set forth in this Division is intended to
be exclusive or a prerequisite for asserting a claim for relief to enforce the riehlS under this
Division in a court oflaw. This Division shall not be constnled to limit an emoloyee's right
to brina a common IlJw cause of action for wrongful termination.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. ~EVlRABILITY.
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
9f the City of Miami Beach. Florida. The sections of this Ordinance may be returned.
80f9
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th day of April , 2001.
PASSED and ADOPl'ED this ~ day of Aj)ril ,2001.
ATTEST:
. 111 MAYOR
(2i1t\.~J ~LcJ~
CITY CLERK
Ist reading
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4J.( ~y 1)( rc l;.?-oL
I'OIIIIV_II.AtOUIll"'--........_......V_
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 flHEAL TH
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
to promote 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
. * *
Article VI. Procurement
* * .
Division 6. Living Wage Requirements for Service Contracts and City Employees
. . .
SECTION 2-408. LIVING WAGE
'" ,.. ,..
(b-) Health liIenefil8. Fer a CO'lered Employer or the City to Gomply \.t'jth Ihe Ii-':ing VJ8g9
pm,..ision by GRoosing to pay the 19'.."er \\.'8ge 8aale EF..~i1able when a Cs':erea Emplayer
also pro..~idoG health beRefits, SWCA health benefits shall consist of payment of at least
$1.25 per howr te"h-1Ims tho pm':isioFl of health OOFe benefita fer COlfOr:OO Employoes and
their dopendents. If the haalth benefits plan af the CO'"lemd Employer or the City reqYIr:es
an initial period of empleYFAent for a RO'A' employee to t>e eligible fer ReallA beneRte
(eligibility period) Ewsh CO'Jered Employer or City ~ay 'lwalif)' ie pay tho $8.66 per hoor
\-..~age Beale gyrin{J the new empleyee's eligiBility peRes pr-o':ised the ne'.v e~JJloyee v:lII be
paid heGltn benefits upon Gompletion of the eligi~lJIty paries. Pmof af tile provision of
health Benefits must be SybmKt8s to the awarding awthoFity ta qualify for the wage rate for
empleyoes with health benefits.
Cbl Health Benefits: eliGibility oerlod. For a Covered Employer or the City to comPlv with
the livinp wace provision by choosina to Dav the lower wace scale available when a
Covered EmDloyer also orovides health benefits, such health benefits shall consist of
pavment of at least $1.25 oer hour toward the provision of health benefits for Covered
Em%yees and their deDendents.
If the health benefits olan of the Covered Emolover or the City reauires an initial period of
employment for a new emolovee to be elicible for health benefits (eliqiblllty period) the
living wace provision shall be complied with as follows durina the elicibilltv oeriod:
(1) Provided the new emoloyee will be oajd health benefits uoon the comoletion of
the eliC}ibilitv Deriod. a Covered EmDlover or the Citv mav only aualify to Day the
$8.56 per hour wace scale for a term not to exceed the first ninety (90\ days of
the new emDloyee's eliaibllity Deriod. said term commencinc on the employee's
date of hire.
(2) If the Covered Emolovers or the Citv's eUalbllitv oerlod exceeds the ninety (90)
day tenn orovided in subsection (1) above. then the Covered Emolover or the
City. commencing on the ninety first C918t) day of the new emolovee's eliglbllltY
Deriod. must commence to pava Iivina wace of not less than 59.81 an hour.
Proof of the orovision of health benefits must be submitted to the awarding authority to
austiN for the waae 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
.2003.
ATTEST:
MAYOR
twwJ' f tM ~
CITY CLERK
..,...."...,
1 st reading
2nd reading
.,...ovmASTO
FORM a LANGUAGf!
afORlXECU'IlOH
~~ 14tt1
T:\AGENDA\2003Iapr0903\regular\Llvlng Wage Prob Per 04 03 ord.doe
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NonCE IS "BlEBY given that public hearinlJS will be h&ld by the Mayor and Cny CommiS1ion of the City Of Miami Beach. AorIcIa, Irl tilt'
Commisskin Chambers, 3ld tloar, CIty Hall. 1700 ConventIOn Center Drive, Miami BBach. Florlda, on Wednudly, Aplll 30. ZlI03, It...
am.11ItId bIIoW 10 considsr theloWOWing on first readIng:
..,0:4111.m.: .
AN ORDINANCE AMENDING ORDNANCE NO. 1805, THE llHClASS1AED EMPLOYEES SAlARY ORDINANCE; INCREASING ON THE FIRST PAY
PERIOD ENDING MAY 4, 2003. THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTABUSHING
THE ClASSlflCATJONS OF ASSISTANT DlMECTOR - NEIGHBORHOOD SERVICES, HOUSING MANAGER, OffiCE OF COMMUNllY SElMOOl
DIVISION DIRECTOR, tABOR RElAnoNS OMSION, DIRECTOR, LABOR RELATIONS TECHNICIAN I, SPECIAL EVENTS COOROlNI'JOR, PUBLIC
AIfr COORDINATOR; AND AMENDING THE TITLES OF THE ClASSIFICATIONS Of HOUSING DEVELOPMENT DIVISION DIRECTOR 10
COMMUNITY DEYaOPMENT AND HOUSlIIlG DMSIOH DIRECTOR, LABOR RElATIONS TECHNICIAH TO LABOR RELATIONS 'J'ECHNlClAH II,
TRAINING DEVELOPMENT COORDINATOR TO ORGANIZATIONAl oevELOPMENT AND TRAINING COORDINATOR, TRAINING SPECIALIST TO
ORGANIZATIONAL DEVElOPMENT ANO TllAlNING SPECIALIST; AND ABOLISHING THE TITLE Of CLASSIfiCATION OF ASSISTANT TO TIE
NEIGlf8ORHOOD SERVICES DIRECTOR, PROVIDING FORA REPEALER, sevERABllITY, EffeCTIVE DATE, AND CODlFlCAnON,
It 10:&0 ..m'.: ,
AN ORDINANCE AMENDING ORDWAHCE NO. 789. THE lUSSIFIED EMPlOYEes SALARY ORDINANCE, FOR ClASSlRCATIONS IN GROOP VI, BEING
OntER CLASSlflCATlONS IN THE ClASSIFIED SEAVlCf NOT COYEllW BY II BAllGAlHlNG UNIT; INCREASlHG ON THE m5T PAY PEAklO ENDING
MAY 4, 2003, THE MINIMUM OF THE RANGes BY 4~AHD THE MAXIMUM OF THE RANGES BY 4'1lo:AND BY ESTABLISHING THE ct.ASSIRCATION(SJ
OF ICE RIHK TECHNICIAN AND SAHII'ATION OP!:RATIOlfS SUPERVISOR; AMENOl~G THE TITLES Of CIASSlRCAnoNS OF PERSONNEL TECHNICIM I
TO HUMAN RESOURCES TECIlIlrCiAH r. PERSONNEL TECHNlCIM" TO HUMAN RESOURCES TECtlNICIAN n, PERSONNEl TECHNICIAN II TO IlIMAH
RESOURCES TECHNICIAN III; PROWliNG RIll A 1lEPEALEll, Sf'v'ElWIIUTY, EFFECTIVE DATE, AND CODIRCAnOH,
... r/ 1110:16 I.m.:
~ AN ORDINANCE AMENDI~ CtfAl>TER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTlQ.E VI,
ENTITLED. "PROCUREMENT"; BY AMfMlING DMSlON 15, ENnn.ro "UVING WAGE ReQUIREMENTS FOR CITY SERVICE CONTRACTS Nt!)
CITY EMPlOYEES'; BY AMENDING SECnON 2-408(8), ENTITLED 'I\EAUH BENEFITS," THEREIN, TO PRESCRIBE A MAXIMUM PERIOD Of
TIME FOR niE "EUGIBllIlY PERIOD," AS SAME IS DEFINED THEREN. UNDER WHICH A COVERED CONTRACTOR MAY OUAUFY TO PAY A
NEW EMPlO'lEE THE $8.56 PEA HOUR WAGE SCI\LE; PROVIOfNG FOR REPCAlER, SEVERABIUTY, CODifICATION, AND AN EfFECTIVE DATE
Inqufties mav be drrectecl to Ih8 Human Resources al(305) 673-7470.
It U:OO 1.It.: .
AN ORDINANCE AMENDING SECTION. 30-76181 OF THE MIAMI BEACH Cm' CODE ENnTLED "MlTlGAllON," PROVIDING FOR MmGAnON
HWINGS TO BE HENID BY THE SPECIAl MASTER WITHIN ONE YEAR OF THf ISSUANCE OF THE AFADAVlT Of COMPUANCe; PROVIDING
THE SPECIAL MASTER MAY AlSO IfEM MITIGATION REQUESTS BEYOND OflE YEAR AfTER THE AffiDAVIT OF COMPlIANCE UPON
APPROVAl Of THE ADMINISTRATION; PROVIDflG FOR A REf'EAl.ER, SEVERABJUl'(. COIllACATION AND AN EFFECTIVE DATE.
Inqullles may be dlrectacl 10 018 Neighborhood SerYICll$ at (305) 604-2489
AU. INTEftESTED PARTIES lilt Inril8d to aJlPlar It this meelitg. 01 b. represented bv an agent, or to B~ their YIews k\ w~ting addl'88lell to
the City Commillion, c/O IIJe City CIeIlI, 1700 Convllllion Center DriYB, 1st Floor, CIty HBII, MIBml Beach, Florida 33139. CopIes of tI1eee .
ordillllc8s are BYaflallle for Public INpectlon dumg normal blIsines$ hOIn kl the CIty C1LWk's OffIce. 1700 Convenllon Center DIM, 1st Floor, CiIy
Ha/I, Miami Reach. Florida 33139. Thll meeting may be cootinued end Ullder such ckt:ullllllanca addnlonallegBI notte would nor be PnwiCIed. '
Robert E. PardlIf, City Clerk
City of MIamI Beach ,
Pur8uenl to SeCtion 288.0105. Fla. Stat. the CIty hersby adVises lilt public that: if . penon decides to allPBlIlany decision made by 1111
City Commission willi respect III any mailer cOllSidersd at III meeting or lis llearlng, $UCh pelSOn mull ensure lhal a verllaUm reconl or
the proceedlngs Is made, which record includes the teallmony and evId8llCe UPOll which O1e apperaIls 10 be bued, This notice does not
c:on&tltuII conNnt by the CIty for the Intraduclion 01 admi8lion of olherwise Inadmlslillle or irrelevanl evidence, nor does It Bulhorlle
challenllll8 or appell. not Olherwile BIIowed by law.
In ac:coraaoce with Ihe Americans with Disabilities Act Of 1990, penoos neacllng .pecilllII:Commooalion10 perticipate In thIS proceedlna.
ar to NqUest information on acceaa 101' persona with diSabilitiu, or to r8Qllesl this publication In acte$$lble format. l)( 10 requ8ft 81g"
langu.ge II1tlI/prelell, shOuld comact the City Clerk" of(ica 11(305)673-7411, dO later than lour daya prtar to the proceedin~ If I)earing
, implli,-" ccnlaclthe City C1~rk's otIIce via thBFIorf~ .~Iey SlI.rvice nu,m~l1i. I~OOJ. 966:8771 (TTY) or 18(0)955.8770 (VOICE). '
'.9w:l101I5t ' ~ ." ..:\"~~ '..'/.~.....'./....':.~~"'.:'
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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 ellgibDity period
during 'Nhlch a contractor may pay a new employee the lower $8.56 rate.
Issue:
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 iRecommendatlon:
Ordinance was approved by Commission 419103 and second reading, public hearing was set for 4/30103.
By adopting this Ordinance amendment, the Living Wage Ordinance wDl better ensure that contractors and
subcontractors follow the Intent of the Living Wage Ordinance, continuing to set a community standard that
ennits full-time workers to live above the overt line.
Advisory Board Recommendation:
IN/A
FlnancJallnfonnatlon:
Source of
Fund.:
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Fi ance Dept.
City Clerk's OffIce Legislative Tracking:
I T.C. Adder1y
81 n..()ffs:
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ENDA\2003\apr3003\regu1.~ng Wage 91d Prob Per 04 03 sum2.doc
AGENDA rrEM
DATE
Rs-D
1f-3tJ -03
CITY OF MIAMI BEACH
CITY HAlL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, Fl.ORIDA 33139
WWN.miamlbeachfl, OV
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: Apnl30, 2003
Jorge M. Gonzalez \ ev--
City Manager 0 Y' 0
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMr
BEACH CITY CODE ENTITLED IIADMINISTRATION"; BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED "LIVING WAGE ~EQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2-
408(b), ENTITLED ..HEAL TH 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 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 VSIS
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 noth;ng'
less than the living wage. Such expendtture 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 Llvlna Waa. 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 not 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 t 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:\AGENI)A\2003Ia~OO3lteguIal\lMng W8lle 91d prob 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\Mario\RFP'S\05,06 \RFP-15-05-06 Derelict Vessels\RFP 15-05-06 REMOV AL&DISPOSALOF VESSELS,doc
ce MIAMI BEACH
RFP No: 15,05/06
1 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
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-floated vessels to a county landfill area for disposal.
3. Documentation of all work performed.
Sealed proposals will b-e received until 3:00 PM on April 1 0, 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 1 0, 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 BidNet 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 WEBSITE: htto ://www.miamibeachfl.Qov/newcitv/deots/ourchase/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
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<9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfLgov
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 I QUALIFICATIONS
12
V. EV ALUA TION/SELECTION PROCESSI
CRITERIA FOR EVALUATION
13-14
VI. LEGAL TERMS AND CONDITIONS I 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 StatementlSection 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: 15,05/06
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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 / 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 April 1 Oth,
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.
March 17, 2006
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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 2ih, 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,gov 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.
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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 of the 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 / 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
March 17, 2006
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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 ofthe 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 of the 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
March 17, 2006
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RFP No: 15-05/06
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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: 15-05/06
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SECTION IV - MINIMUM REQUIREMENTS I 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.
March 17, 2006
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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.
March 17, 2006
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RFP No: 15-05/06
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SECTION VI - LEGAL TERMS AND CONDITIONSIINSURANCE
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/CANCELLA TION/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 of the 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 fromlhe 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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RFP No: 15,05/06
17 of 33
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 RFQ 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, RFQ, 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
March 17, 2006
City of Miami Beach
RFP No: 15,05/06
18 of 33
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.
TheCity 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 better, 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.
Signature of Vendor
Vendor
March 17. 2006
City of Miami Beach
RFP No: 15-05106
20 of 33
SECTION VII - DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
March 17, 2006
City of Miami Beach
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
DECLARATION
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 that the only persons interested in this proposal are named herein;
that no other person has any interest in this responses or in the Contract to which this response pertains;
that this response is made without connection or arrangement with any other person; and that this response
is in every respect fair and made in good faith, without collusion or fraud.
The 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
6)
I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate ofthe 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]
5)
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 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
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 of the 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 (10%). (Strike out
inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions ofthe 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
<9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov
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.qov
Thank you for your time and effort.
<9 MIAMI BEACH
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, 5 is if you don't know and 1 is if you would never hire them again because of very poor
performance ).
NO CRITERIA UNIT
1 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 pavments 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 again 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
~ MIAMIBEACH
city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochn.gov
PROCUREMENT DIVISION
T.l: 305-673-7490 I Fox: 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 vessefs.
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 (i.e. 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 II 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
slrikethr-oI:Jgh) 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 oroiect 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 shall not
_Geed ten per:eent (10-%) sf U:1e 'JeRder's initial estimate '1.'ithowt the 8xJuessed pAer
appre'..al an al:ltAar~zeG ageRt af tha Cil).' must be in accordance with ~he cost
information submitted in resoonse to the RFP. and acceotance of same bv 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 strlkothFel:Jgh) 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)sCity of M1iKT11 Beech
RFP No; 1~
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 Lisr'
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\Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A 1.doc
March 23. 2000 (Amended)
CIty of Miami BCIlICh
RFP No: 15-06106
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 THAT ARE SUNKEN
(I.e. lying at the bottom of a body of water)
Vessels up to 10'
Vessels from 11' to 20'
Vessels trom 21' to 30'
Vessels from 31' to 40'
Vessels from 41' to 60'
Vessels from 61' to 80'
Vessels greater than 80'
Match 23. 2006 (Amended)
City of Mleml Beach
RFP No: 15-05106
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Cenrer Drive, Miami Beach, Florida 33139, www.miomibeachFI.gov
PROCUREMENT DIVISION
Tel; 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,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED:
_Our company does not handle this type of producVservice.
_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. 2006 (Amended)
City of MImi Beach
RFP No: 15-05iOG
e MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w....w.miamibeac.hR.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).
II I. 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
(L
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
, --) . /
l- 'I V
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?
COMMISSION ITEM SUMMARY
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:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI T ota'
Financial Impact Summary:
islative Trackin
City Manager
City Manager
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302
AGENDA ITEM
DATE
C7V
7-1,1..0(,
MIAMIBEACH
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.micmibeochll,gov
COMMISSION MEMORANDUM
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
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 VESSELSj 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 & SALVAGEj
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-floated 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.
303
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. BidNet 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 foJ/owing: 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
304
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:
DONALD DONALD JOEL LISA DEB BRA
BLECHMAN DRUITT ALBERBACH BOTERO RUGGERIO TOTALS
DRC EMERGENCY
SERVICES
BLUE WATER
MARINE SERVICES
H20 TOW
BISCA YNE TOWING
& SALVAGE
DOCK AND MARINE
CONSTRUCTION
K:1 ~ ~M; ~";. _cr~"":~;~'~
?l I' J.<~l
..-' , J'/'l
~ ..., .
~ 'y--' ~~ " ~~"..:'~!.t~:~''''':/...~:",^-"
DRC EMERGENCY
SERVICES
BLUE WATER
MARINE SERVICES
5
5
H20 TOW
BISCA YNE
TOWING &
SALVAGE
DOCK AND
MARINE
CONSTRUCTION
2
1
2
1
2
2
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
305
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\GENOA \2006\juI1206\consent\RFP-15-05-06 Derelict Vessels-Merno.doc
306
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, Bid Net 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.
307
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, Slue 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.
ArrEST:
CITY CLERK MAYOR
T:\AGENDA\2006\juI1206\consent\RFP-1S-GS-G6 Derelict Vessels - Resolution..doc
APPROVED AS TO
FORM & LANGUAGE
& FOR CUnON
tr2-~/"
Date
308
Exhibit "F"
All Contractor's Risk Assessments
20
(0
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) Onboard contanUn.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 88 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) Accessibility 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 fonnal 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 detennining 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 al) 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 equipment, and a history of rates. Our
company only works with contractors upholding the same standards for c~w,
equipment, and work ethics. This quality of networking has proven itself during
the hurricane seasons of2005-2006.
7) Disposal availability 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. Veasels 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 detennine the most cost effective solution.
From past experience, we have detennined 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 considered 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-cur~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, arrangement 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 perfonn on the job. All work will be supervised
with PIC and the PIC wilJ 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 win 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 fIrst 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 lealc:, 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 asswned 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 nonnal 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. bunicane season, and the
turn around needs to be expedited. We will work with Marine Patrol and will follow their
instructions.
We are ready and conunitted 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 Hwricane, 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 environmental sensitive areas and we
will take every precaution to safeguard these areas.
MiamI tJeach. tilorida 33139
RB: RFP-15-05-06 Removal and DiBposal of Derelict Vessels
Subject: Risk ABBe6tU7lent P/tm
To whom it may concern,
The above-mentioned project has the fonowing 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 ill the bay bottom. VesseJ 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 of this project are bundling vessels!
debris into one quote rather than having sep8I'llte qUDt~ for each vessel.
The benefit of creating a RAP is that' it "lets the city know the factors that may affect the
work. In our Jine of business there arc many unforeseen conditions such as those
addressed in this RAP. Many of these factors are not obvious to someone who is not in
this industry.
Cover Sheet
For RFP #15-05/06 City of Miami Beach
Removal and disposal of derelict vessels
Submited by
Biscayne Towing & Salvage, Inc.
555 NE 15th Street # 410
Miami, FI33132
305-358-1486
Fax 305-373-8453
TowToDock@aol.com
www.biscaynetowing.com
Table of Contents
Letter of Introduction
Qualifications of Contractor
Risk Assessment
Insurance Check list
Acknowledgment of Addenda
Declaration
Sworn Statement
State of Florida Corporations online
Biscayne Towing & Salvage, Inc. Articles of Incorporation
Biscayne Towing & Salvage, Inc. Affirmative Action Policy
Florida Certificate for Discharge Cleanup
Captains License for Harry C. Offutt
Evaluation of Performance
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7-8
Page9-11
Page 12-14
Page 15
Page 16
Page 17
Pages 18-21
Biscayne Towing & Savage, Inc.
555 NE 15th Street # 410
Miami, Fl33132
305-358-1486 Fax 305-373-8453
April 14,2006
Gus Lopez
Procurement Director
1700 Convention Center Drive
Miami Beach, F133139
Re: Introductory letter RFP #15-05/06
Dear Mr. Lopez:
Biscayne Towing & Salvage, Inc. is seeking the opportunity to provide service to the City
of Miami Beach removing derelict vessel. This letter attests to the companies experience
as well as my experience. I am the sole owner of the company and President.
I started the company in 1992 after spending two years as a captain working for 911
Towing in Miami. I have over 15 years in this business as well as a life time of boating
experience. I currently hold a USCG 100 Ton Masters as well as a Master of Towing
Vessels. Copies of my License are enclosed. I have conducted hundreds of salvage
operation and personally over see the day to day operation of my business. The company
is a BoatUS authorized towing company performing towing and salvage operation in
south Florida. Biscayne Towing & Salvage, inc. is currently license by Biscayne National
Park to perform towing and salvage operations within the park boundaries. Additionally,
we are an approved contractor for removing derelict vessels for the city of Miami and an
Approved Discharge Cleanup Organization for the State of Florida. I am a current board
member for the Marine Council of Miami.
Biscayne Towing & Salvage, Inc. currently owns and operates a fleet of towing vessels,
owns and operates a facility on the Miami River. Our crew consists of 6 licensed captains
and a crew of deck hands. All of our crew are crossed trained in marine salvage and are
experienced.
Thank you for the opportunity to serve the City of Miami Beach.
s~=rj A1~
~~. or:/$/'
President
1
Biscayne Towing &Salvage, Inc.
555 NE 15th Street # 410
Miami, Fl33132
305-358-1486 Fax 305-373-8453
4/14/06
Qualifications of Contractors Team
All work performed will be under the supervision of Harry C. Offutt owner and operator
ofBiscayne Towing & Salvage, Inc. Harry C. Offutt's qualifications and experience is
outlined in the introduction letter. All personnel involved with each individual project
will be qualified to perform the specific job they have been assigned. Harry C. Offutt will
insure qualifications and supervise each operation. All staff of Biscayne Towing &
Savage, Inc. are experienced and qualified to perform the job we accept.
2
INSURANCE CHECK LIST
XXX 2.
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).
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).
XXX3.Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired automobiles
included.
xxx 1.
_ 4.Excess Liability - $
. 00 per occurrence to follow the primary coverage.
~5.
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
~ Professional Liability
$
$
$
$
$
.00
.00
.00
.00
.00
$1.000.000 .00
xxx 7.Thirty (30) days written cancellation notice required.
XXX a.Best's guide rating B+: VI or better, 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 Pro s openi g
/J J S ~J1ft h"'J'CJ ,fJ 50 ~I.
Vendor () --
~ .:h 17. 2006
Ci\. .,f ll,4iami Beach
~
RFP No: 1S-05I06
20 of 33
REQUEST FOR PROPOSALS NO. 15..05106
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
March 17. 2006
City of Miami Beach
]:~ C.
",,-
)
Date
'"J / I~J!J ~
I I , '(Date)
RFP No: 15-05/06
22 of 33
DECLARATION
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, decfares that the only persons interested in this proposal are named herein;
that no other person has any interest in this responses or in the Contract to which this response pertains;
that this response is made without connection or arrangement with any other person; and that this response
is in every respect fair and made in good faith, without collusion or fraud.
The 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
AJ fA ;J{) C()fJ6 vJf !fri 5
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
(p
Mareh 17, 2006
City of Miami Beach
RFP No: 15-05/06
23 of 33
SWORN STATEMENT UNDER SECTION
287.133(3)(a), F'fRlDA ST ~rUT~S. ON PUBLIC
NTITY CRIMES
1. This sworn statement is submitted to
By
\1 E1R..~
For \ f) f .
rint name of en' SUbmitti~WOm statement)
Whose business address is ~ <) ~ ~ ~ ,~t' S \- ~ L411) ffi \ ~('(\I, ~ L 31111-
and (if applicable) its Federal Employer Identification Number (FEIN) is L,~ Dmn~f the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
stat~ment:
.)
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 Beech
r;
RFP No: 15-05/06
24 of 33
I understand that a "person" as defined in Paragraph 287 .133( 1)( e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders,employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement [Indicate which statement applies.]
LNeither 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 swom 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 ENTlTVIDENTIFIED 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 HRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTE F CA TEGOR: TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FO.R
5)
6)
Sworn to and subscribed before me this / 'f
Personally known o/Y: ~ .
OR Produced identification f?/VvwJ..;?
JCVow/ .
(Type of Identification)
[Sign
dayof Ii>JL
,2006
(Printed typed or stamped Commissioned name of Notary Public)
~
March 17. 2006
City of Miami Beach
RFP No: 15-05106
25 of 33
VIVlSlon 01 corporations
page 1 ot3
Florida Profit
BISCAYNE TOWING & SALVAGE, INC.
PRINCIPAL ADDRESS
555 NE 15TH ST
SUITE 410
MIAMI FL 33132
Changed 01/14/2000
MAILING ADDRESS
555 NE 15TH ST
SUITE 410
MIAMI FL 33132 US
Changed 01/14/2000
Document Number
P94000085564
FEINumber
650537750
Date Filed
11/21/1994
State
FL
Status
ACTIVE
Effective Date
NONE
~~_._._._~-_.~~.._-~_._~-~~-~~..~--~-~-~~-----~~_._-~-",~~_._.._.-----_.-,,_.----<.-._~--------~._..,<-..~,-_..~,.'.~"~"---
egIS ere 1gen
I Name & Address I
OFFUTT, HARRY C IV
555 NE 15TH ST SUITE 410
MIAMI FL 33132
I Address Changed: 07/01/2004 I
R . t
dA
t
t}
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =P94000085564&n2=NAMFW... 4/11/2006
UIVlSlon 01 corporatIons
Page 1 or 3
Officer/Director Detail
I Name & Address II Title I
OFFUTT, HARRY C IV EJ
555 NE 15TH ST SUITE 410
MIAMI FL 33132
nnua epo s
Report Year II Filed Date I
2004 II 07/01/2004 I
2005 II 01/13/2005 I
2006 II 01/06/2006 I
A
IR
rt
Previous Filing I
Return to List I
Next Filing J
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
01/06/2006 -- ANNUAL REPORT
01/13/2005 -- ANNUAL REPORT
07/01/2004 -- ANNUAL REPORT
01/10/2003 -- COR - ANN REP/UNIFORM BUS REP
01/24/2002 -- ANN REPIUNIFORM BUS REP
02/08/2001 -- ANN REP/UNIFORM BUS REP
01/14/2000 -- ANN REP/UNIFORM BUS REP
04/14/1999 -- ANNUAL REPORT
01/23/1998 -- ANNUAL REPORT
02/04/1997 -- ANNUAL REPORT
ID
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UIVISlon 01 corporations
l'age j or j
1102/01/1996 -- 1996 ANNUAL REPORT
II
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF
QUESTION OR CONFLICT
II
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =P94000085564&n2=NAMFW... 4/1112006
QE
FILED
0' !/QV
.'~ 1'1; 2/ PN 2: , R
~;-c
;-"7. ~t~AJX9F STt\ TE
'--I--oj If..,; (,-:- [', nr':n'
. "- -.. ',- J ! L_ .,...It; iL;'.4
ARTICLES OF INCORPORATION
--..-
BISCAYNE TOWING & SAI~V AGE, INC.
BY THESE ARTICLES OF INCORPORATION the incorporator forms a corporation
for profit under Florida law.
ARTICLE I - NAME
The name of the corporation is BISCAYNE TOWING & SALVAGE, INC.
ARTICLE II - ADDRESS
The address of the principal office of this corporation shall be 1633 N. Bayshore Drive,
Miami, FL 33132 and the mailing address of the corporation shall be 3003 Cardinal Drive, Suite
C, Vero Beach,FL 32963.
ARTlC~E m - NATURE OF BUSINESS
This corporation may- engage Qf transact in any or all lawful activities or business
permitted under the laws oftheUirited States, the State of Florida or any other state, country,
- territory or nation.
ARTICLE IV - TERM
- ' ,
This corporation sha11 exist perpetually.
ARTICLE V - CAPITAL STOCK
The maximum number of shares of stock that this corporation is authorized to have
outstanding at any one'time is SEVENTHQUSAND FIVE HUNDRED (7,500) shares of
common stock with a par value of ONE DOLLAR (S1.00) per share.
ARTICLE VI - REGISTERED AGENT AND ADDRESS
The initial registered agent for this corporation is HARRY C. OFFUTT, IV and the
initial registered office is located at 3003 Cardinal Drive, Suite C, Vero Beach, FL 32963.
ARnCLE VII - INITIAL DIRECTORS
'J1U_s"e<>rporation shall have one (1) director. The number shall be fixed by the bylaws
and may, be clijmge4Jrom time to time. The name and street address of the directors who shall
hold office for thernstyear of the corporation, or until his successor is elected or appointed is:
,-
BARRY C. OFFUTT, IV
DIRECTOR
}0
1633 N. Baysbore Drive
Miami, FL 33132
ARTICI.E vm - INITIAL OFFICERS
,4'-..........
'.... ..--'
This corporation shall have (1) officer initially. The number shall be fixed by the bylaws
and may be changed from time to time. The name and street address of the initial officer who
shall hold office for the first year of the corporation, or until his successor is elected or appointed
is:
HARRY C. OFFUTf, IV
PresidentlSecretaryffreasurer
1633 N. Baysbore Drive
Miami, FL 33132
VACANT
Vice President
ARTICLE IX - INCORPORATOR
The name and street address of the incorporator is:
HARRYC.OFFUTf,IV
1633 N. Bayshore Drive
Miami, FL 33132
The undersigned has executed these Articles of Incorporation this 10TH day of
NOVEMBER, 1994.
-~-'"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared HARRY C. OFFUTT, IV
to me known to be the person described herein and who executed the foregoing instrument and
he did not take an oath.
WITNESS my hand and official seal in the County andj!ilte last a:6jr aid this '1 day
of NOVEMBER, 1994. 81{ f{~.f~Jf c.. ()PF u1l JJ! ~M nd k-eA
f::1.--.~-]/.JYeLS Lle-Kf,tuz~) 13>0 - 36~-51- Jf-1/- ,',-- '.
IJrJw II :J 0vhj .
of Florida Cc f j ,*k'7?;;
NOI'Alt'lpUBUC Sf Aft ()lI FLORIDA
MYCOMMJSSION 100".0&:.3,1995
BONDED m:RU GENERAL INS. UNO.
My commission expires:
'-j
-
J3
.:
~,-..,
HAVING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF
PROCESS FOR THE ABOVE STATED CORPORATION AT THE PLACE DESIGNATED IN
THIS CERTIFICATE, I HEREBY ACCEPT THE APPOINTMENT AS REGISTERED
AGENT AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY
WITII THE PROVISIONS OF ALL STAlUTES RELATING TO THE PROPER AND
COMPLETE PERFORMANCE OF MY DUTIES, AND I AM FAMILIAR WITH AND
ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED AGENT.
DATED:
,{\
SIGNATURE:
~
1~
".,:;~
BISCA YNE TOWING & SALVAGE, INC.
A ffinnative Action Policy
Biscayne Towing & Salvage, Inc. bases its hiring and promotions on merit,
qualifications and competency and attests that personnel practices will not be influenced
by an applicant's or em.ployee's race, color> place of birth , religion, national origin, sex,
age, marital status, veteran and handicapped status.
Biscayne Towing & Salvage, Inc. will ensure that the following personnel practices are
being satisfied:
1. Take every necessary affirmative action to attract and retain qualified employees,
regardless of race, color, place of birth, religion, national origin, sex, age, marital
status, veteran and handicapped status.
2. Maintain equitable principles in the recruitment,hiring, training, compensation
and promotion employees.
~,
3. Monitor and review personnel practices to guarantee that equal opportunities are
being provided to all employees, regardless of race, color, place of birth, religion,
national origin, sex, age,.marital status, veteran and handicapped status.
Biscayne Towing & Salvage,Ine. is committed to take affirmative action and
aggressively pursue activities that will serve to enable all employees and applicants
opportunities availa\lle thought this organization.
To this end, the undersigned, Harry C. Offutt, IV, president of Biscayne Towing &
Salvage, Inc. is designated the Affirmative Action Director to monitor and implement all
activities of this program.
Employees may contact Hairy C. Offutt IV at (407) 358-1486 regarding this Affirmative
Action Policy.
Signed, dated, and effective this first day of January, 1996.
BISCAYNE TOWING & SALVAGE, INC.
,,.,.,........
)~
Department of
Environmental Protection
jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399.3000
Cofteen M. Castille
Secretary
May 24, 2005
Biscayne Towing & Salvage, Inc.
Attn: Mr. Harry Offutt
1635 N. Bayshore Drive
Miami, FL 33132
RE: Renewal of Certificate for Discharge Cleanup Organization
Dear Mr. Offutt:
You are currently listed as an Approved Discharge Cleanup Organization (DcO) for the State of
Florida. We are extending the expiration date of your DcO Certificate to June 30, 2006. Notify
this office of any significant changes in your capabilities as a DcO.
Retain a copy of this letter with your most current DCO certificate as evidence of your
certification status. If you have any questions, please call Tamara Forbes of my staff at (850)
245-2010 or contact your District Emergency Response Manager.
Sincerely,
G~~
P. Wieczynski, Chief
Bureau of Emergency Response
cc: District BER Managers
IL
"More Protection. Less Process"
Printed on recycled poper.
city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 I Fax: 305.673.7851
PERFORMANCE EV
- \
Contractor Name: , ,
~\o ~ \O\ti\()\\Dc\1,~ 0JJ" (m1'1
Please evaluate the perfonnance of the contractor (10 means you are very satisfied and have no questions
about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor
perfonnance ).
NO CRITERIA UNIT
1 Ability to manage the project cost (minimize change orders) (1-10) /0
2 Ability to maintain project schedule (complete on-time or early) (1-10) /0
3 Quality of workmanship (1-10) I ()
4 Professionalism and ability to manage (includes responses and (1-10) I 6
DromDt oavments to sUDoliers and subcontractors)
Close out process (no punch list upon turnover, warranties,
5 as-built, operating manuals. tax clearance, etc. submitted (1-10) (0
oromDtlv)
6 Communication. explanation of risk. and documentation (1-10) 10
(construction interface comoleted on time)
Ability to follow the users rules. regulations. and requirements
7 (housekeeping, safely, etc. ..) (1-10) 10
8 Overall customer satisfaction and hiring again based on
performance (comfort level in hiring contractor again) (1-10) 10
Overall Comments:
~1 \11 U
I}~j ~c( '.., j~ /
} Ide.
S e><-t
PLEASE FAX THIS QUESTIONNAIRE TO MARIA ESTEVEZ AT 305.673.7851
March 17. 2006
City of Miami Beach
I~
RFP No: 15..05/06
33 of 33
04-06-2006 19:58
~
GEORGE MANSFIELD INC. 931-722-2131 PAGEl
l~la-aaL-l~ '~I 0l31~ ~ ..161 90BC!-90-P0
CIIr........ ......, ,,.~.. C... OIM. MiIMI e-II, AotWet 33139. """"*.Ill*"'llchl.....,
fIIOCURfMENI' 0IVISl0N
Tel: ".6".7"90 ... _.673.1U 1
. ~~_8URVD
CoDhcIIfNllnl; ~\i.e.~'t't.'\)H~ ~.t I ~.,.
_<lC-~
Phone_....U: - - ~O~-'Sn ~~.a0~1~tv\
PIIB: awl_ tile ........... of_ ~ (JO..- you .. YflIY ...,.. .. have.. ~
................ S 11 ir,...."lkDow... I . if,. would.............. beo V-Or.., pour
pedbnMra-). .
NO CIIJ.TERIA UJGT
J MIlly 110 ....... tile pnJjecI COIt.-imia8 .....GIderI) (1-10) If)
2 Abilky to ....ifltlda project ....... (c:aapIe1e OI\-dme ow .-Iy) t (I-to) It'
3 Qgality ofwotl.l~ ! (1--10) /0
" Pro~ Ed ability 10 Il1Ifta8C fancluda l'CIpOIIIeI and (1-10) /0
.... .
CIaec aut pnIOIlI& (no pIIIdlllR upon..'IO.... w~ /tJ
s ..... ~ ._IIIt. .. ~ .. ~ (1-tO)
.: .
., ~ ~ of riIk. ad doeu,i .111_ (1-10) /~
.i1IIa&ce . 011 time}
Abi1itJ lID ...,. ... ....-s ....... nlpl8&i0lll, ad ~utlnta /0
,. (ho~.. ...,- *-..) (1-10)
0wnU __ ....&lodon ... JUri. ... .... on -~---
8 (1-10) It)
~,. (CUIIlCoR'" in hirirtI ~tcCIOr ....>
<MalIc..-: h.!')"~ ~"1/da!.A J,;. .IrA
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~_.......u:/.;'~--::-"7i-: ~~J'ifr.J "q=~~
DIIIt_Sel":JM~ ~~~
DoII....AnIoB forScniMZS: ./..:{q. P(!)(J
",rAW PAX 'I'IIIS QUJ:ST....AIIIE TO JL\ItIA aTEVEZ AT -..13..1151
__ n....
Qp ~ 1Ie;mi.....
If:}
RFP"': ,.....
:I'''~
~d
8a:o~ 90 m ..MIy
FROM : BALLARD MAR I NE SURVEYORS
FAX NO. :912 691 2006
Apr. 12 2006 09:48AM, Pi
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CIty ... Mi_ ..Gcit. 1:r00 COI"'tIlIOIl ~ om.. ~io~t hcxt.. I'torlclo 33' 3\1. www....IC~ gev
'Poinl of Contact:
Phone aod' o-cnail:
PI_ ..-al\l&te the perfcnnance ot the oantrac1or (10 me.. you aN very seQsfled and ba\'e no questions
about hiring them .in. S is if you don't kno1Iw and 1 is It you 'WOIJ1d Dever hire tbem apin becaule c.f very poor
performance).
, Conn::6or Name:
NO
ClUTERL\
1 I Abi~ to ID8III'P ~"e project cast (~i1'limi2e change orders)
2 ! Ability to maimain projCln sdtcdule (COJIlpJete ort-t:ime or carl)')! (1-10)
3 I QuaJ~ofworbNnship ~)
4 I Pro~JoIJa)ism and abi~ ,to manage (~ teSpOnnS and I (1(1--1(10)
S I and clon "
. Close out -procas (no puBCh lilt upoG turnover. wammtia.
5 ; u-buU1, operating muuaJs. ta." cleara.m:e. -.. submined (1-10)
i mn .
(. : Cur:anunfca1ion. ex
, ~ interface etecJ'on time
. Abilit)' to folio... t\e users rules, recuUdion!l, and requiremellts
7 ~ IlIfely, iItC...) ,
tJ
~
"
(,
(1-1'0)
fa
10
(I-lO) I JO
~ ~~~e:Z~~-<~ ~
,--orc.-t1le .. ...~___~ ~~ 1~~
CODtICt Nae: · .,..,.,
Contact Pheme and e. , , f1
D_~S~: W'
Oo1!ar Amount for Services: ]2, nPI. t"l +
PUASE PAX THIS QVm~ONNAUlE TO ~E8TEVZZ AT 385.6'73.7851
. (1-10)
8
. <Mmsl1 customer .tis!&cdon and biriJII &pin b85ed on
pcrfonnance (c:on:rort levol in hiriq CODtttctor apin) ,
~c......, ~~
l...J
. uifeI, ". lIOM
Clftd."" IlUI:Il
ao
I'FP NO:'~
:Jaal'U
city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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, 5 is if you don't know and I is if you would never hire them again because of very poor
performance).
NO
I
2
CRITERIA
Ability to manage the project cost (minimize change orders)
Ability to maintain project schedule (complete on-time or early)
Quality of workmanship
3
4
Professionalism and ability to manage (includes responses and
rom t ments to su liers and subcontractors
Close out process (no punch list upon turnover, warranties,
as-built, operating manuals, tax clearance, etc, submitted
rom tl
Communication, explanation of risk., and documentation
construction interface com leted on time
Ability to follow the users rules, regulations, and requirements
(housekeeping, safely, etc...)
5
6
7
8
Overall customer satisfaction and hiring again based on
performance (comfort level in hiring contractor again)
UNIT
(1-10)
(1-10)
(1-10)
~
/d
10
(1-10) t!
(1-10) / tJ
(1-10) / II
(1-10) / P
(1-10) /0
~~~
fWl(-&
Overall Comments:
Agency or Contact Reference Business Name: ~vl'~;C'} ~ r'l-c.\r, ()A mt,~ <
Contact Name: a ~(:J~ __ ' ~
Contact Phone and e-mail: '3~5;' - 3 0'"2- - Hff ~ ~
Date of Services: rn l3t1c)/1 '2c/)J b
Dollar Amount for Services: 1 r; tJ PJJ ~
PLEASE FAX TIDS QUESTIONNAIRE TO MARIA ESTEVEZ AT 305.673.7851
March 17. 2006
City of Miami Beach
(J/
RFP No: 15-05106
33 of 33