CONTRACT FOR VESSEL REMOVAL, TOWING, STORAGE, AND/OR DISPOSAL SERVICES - RFP 09-21CONTRACT
THIS CONTRACT, entered into this VI) day of j
2021, by and between the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City, " P.O. Box 4748, Clearwater, Florida
33758 and DIVECOM SERVICES, LLC, a Florida Limited Liability Company,
hereinafter referred to as "DIVECOM," 1323 20th Ave. E., Palmetto, FL 34221.
WHEREAS, the City sought proposals from qualified contractors for the
removal, towing, storage, and/or disposal of designated marine vessels located
in City of Clearwater waterways; and
WHEREAS, DIVECOM was the qualified vendor selected, and has agreed
to provide the requested services; and
NOW THEREFORE, in consideration of the promises stated herein, the
City and DIVECOM mutually agree as follows:
1. SCOPE OF PROJECT.
DIVECOM agrees to provide vessel removal, towing, storage, and/or
disposal services under the terms and conditions set forth in Request for
Proposal (RFP) No. 09-21, Marine Vessel Removal, Towing, Storage, and
Disposal Services, DIVECOM's response and proposal dated December 8, 2020,
and Addendum dated March 16, 2021. These documents are hereby
incorporated by reference and made a part hereof.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on May 6, 2021 and end
May 5, 2022. Three (3), one (1) year renewals are possible at the City's
option.
3. COMPENSATION.
The City will pay DIVECOM for services rendered as described in
attached Exhibit A — Fee Schedule and Addendum dated March 16, 2021,
attached. The City may, from time to time, require changes in the scope of the
project of DIVECOM to be performed hereunder. Such changes, including any
increase or decrease in the amount of DIVECOM's compensation and changes
in the terms of this Contract which are mutually agreed upon by and between
City and DIVECOM shall be effective when incorporated in written amendment to
this Contract.
4. METHOD OF PAYMENT.
DIVECOM's invoices shall be submitted to the City for approval for
payment on a Net 30 basis. The City agrees to pay after approval under the
terms of the Florida Prompt Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
Page 2 of 6
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
DIVECOM SERVICES, LLC.
Devin Boersma
Managing Director
1323 20th Ave East
Palmetto, FL 34221
(813) 321-3232
office@divecom.us
City of Clearwater
Maj. David Dalton
Support Services Division
Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756
(727) 562-4299
david.dalton(a�myclearwater.com
6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to RFP No. 09-21 Terms and
Conditions.
7. INDEMNIFICATION AND INSURANCE.
DIVECOM agrees to comply with all terms, provisions, and requirements
contained in RFP No. 09-21, made a part hereof as if said document were fully
set forth at length herein.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, DIVECOM shall transfer, assign and
make available to City or its representatives all property and materials in
DIVECOM's possession belonging to or paid for by the City.
9. INTERESTS OF PARTIES.
DIVECOM covenants that its officers, employees and shareholders have
no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance and/or provision of
services required under the terms and conditions of this Contract.
Page 3of6
10. CONFORMANCE WITH LAWS.
DIVECOM agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
13. CONDITIONS AND ASSURANCES.
A. Access to Records: DIVECOM agrees that City or any of its duly
authorized representatives shall have access to any books, documents, papers,
and records of DIVECOM for the purposes of making audit, examination, excerpt,
and transcripts.
B. Retention of Records: DIVECOM will be required to comply with
Section 119.0701, Florida Statutes, specifically to:
a. Keep and maintain public records required by the City of
Clearwater to perform the service;
b. Upon request from the City's Custodian of Records, provide
the City of Clearwater with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that
Page 4 of 6
does not exceed the cost provided in Chapter 119 or as otherwise
provided by law;
c. Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and
following completion of the contract if DIVECOM does not transfer to the
City of Clearwater; and
d. Upon completion of the contract, transfer, at no cost, to the
City of Clearwater all public records in DIVECOM's possession or keep
and maintain public records required by the City of Clearwater to perform
the service. If DIVECOM transfers all public records to the City of
Clearwater upon completion of the contract, DIVECOM shall destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If DIVECOM keeps and maintains
public records upon completion of the contract, DIVECOM shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City of Clearwater, upon request
from the City of Clearwater's Custodian of Public Records, in a format that
is compatible with the information technology systems of the City of
Clearwater.
IF DIVECOM HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO DIVECOM'S DUTY TO PROVIDE
Page 5 of 6
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, ROSEMARIE CALL AT 727-562-
4090, rosemarie.call@myclearwater.com, One Clearwater Tower, 600 Cleveland
St. Ste 600, Clearwater, FL, 33755.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard William B. Home II
Mayor City Manager
!AWL -44., 14 -4,444-/----kr
App , ved
a hew S
Assistant City Attorney
Attest:
Print Name:
Secretary
Attest:
Cil(,r. (V_
Rosemarie Call
City Clerk
Ot_tc
DIVECOM SERVICES, LLC.
By:
Devin Boers a
Managing Director
Page 6 of 6
Request for Proposals
#09-21, Marine Vessel Removal, Towing, Storage, and Disposal
Services
Exhibit A — Pricing
The following RFP pricing must be completed by the Vendor and will be used for services
provided to the City in accordance with this Contract. The listing is by no means a
guarantee that the services will be required.
Item
No.
Description
Unit Price
Service Unit
1
Derelict Vessel Removal & Disposal,
including towing: < 20 feet
Derelict Vessel Removal & Disposal
including towing. 20-40 feet
1 $ liY. °''
$ c2 00. L.*0
$ d 5 p,
$ 300. 4.°
$ 151 "'
-t
$ -t50. c°
Per vessel
Per vessel
Per vessel
Per vessel
Per vessel
2
3
Derelict Vessel Removal & Disposal,
including towing: 41-60 feet
4
Derelict Vessel Removal & Disposal,
including towing: > 60 feet
Towing only: < 20 feet
5
6
Towing only: 20-40 feet
Per vessel
Towing only: 41-60 feet
$ 4SU. .�
Per vessel
8
Towing only: > 60 feet
$ 'ISO.
Per vessel
9
Emergency Mobilization Fee: Lump Sum
$ 21)0, `aD
$ las;
Per call
Per day
10
Storage
11, dr C t1 Twt.�
Vendor
efica ,..
4.2o o. c'D /ham
1sA� Shlp adQ co
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Date /2/0V-4,7 2.0
DIVECOM
MARINE SERVICES
1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: officeedtvecom.us
LP 188 Western Main Road Carenage, Trinidad W.I. Ph:.1 868-222.0027 E: trinidadQdtvecom.us
www.dtvecom.us
RFP #09-21 Marine Vessel, Removal, Storage, and Disposal Services Exhibit A -
Pricing Addendum per Divecom Marine
Divecom adjusted price referencing items on Exhibit A.
I.) Ref:Line items 1-4 "Derelict Vessel Removal & Disposal"0-<6011 are referencing
vessels that have met the City of Clearwater new ordinance of "derelict vessel" and will
be billed via Divecom's terms and conditions consistent with Pinellas County Derelict
Vessel (5 year) Contract # 190-0463-B(AJM)
II.) Ref: Line item# 5-8. Towing of vessels 0-<60ft will be billed on a per hour Portal -to -
Portal on the water towing fee basis at S200.00/hr within the city limits of Clearwater FL.
Billing will be Portal -to -Portal with"Portal" start and end commencing and ending from
the Clearwater Basin Marina owned, and operated by the City of Clearwater. Divecom's
tow vessel will be GPS tracked with updated positions at every 5 -minute intervals.
Customer can view vessels' location free of charge via the AIS System or private GPS
tracking system. A carbonless copy "tow log" will be provided on every case. Vessels
time and tracked can and will be provided at any time upon request.
11I.) Line item #9: Emergency Mobilization Fee is WAIVED in full and is no longer
applicable to said contract RF P# 09-21.
IV.) Line item #10 Storage: "Storage" will be the responsibility of the vessel owner.
After 7 or fewer days of `'impound" at one of City of Clearwater's facilities, owner of
vessel will be billed directly by City of Clearwater. if owner does not appear to
recover and pay for said vessel's storage after 7 days at one of City of Clearwater's
facility, Divecom will take custodianship of the vessel and move said vessel to a secure
location of Divecom's choosing. At which time, Divecom will seek financial
compensation for storage and administration costs accordingly after 7 days of
"impound" once vessel has been moved to one of Divecom's facilities. The City of
Clearwater will not be financially responsible for direct or indirect costs for said vessel
and Divecom releases The City of Clearwater of any and all liability after Divecom
becomes the custodian of said vessel. The City of Clearwater will be responsible for the
cost of towing the impounded vessel from the City facility to the Seminole boat ramp. If
said impounded vessel cannot be removed at City of Clearwater's Seminole boat ramp, it
will not be towed there and written authorization will be required from a City of
Clearwater representative for the towing of vessel to an acceptable haul out location.
Upon vessel's arrival at Seminole boat ramp or a secondary approved haul out location,
Divecom will assume official custodianship of the vessel.
1.19 Letter Head
Rev. 3 Of/ 20 D8
DIVECOM
INAHiNE SIFIVICk S
1323 20th Ave East Palmetto, Ft USA 34221 Ph:41. 813.321,3232 E: office@divecom.us
LP 188 Western Main Road Carenage. Trinidad W.I. Ph:.1-868-222.0027 E: trintdad44divecom.us
WWW.dive(om.us
V.)(I landwritten line item# I I .) "On Call Towing": Divecom will provide the City of
Clearwater, Clearwater Police Department and other authorized subsidiaries of the City of
Clearwater, on-call towing assistance in the event of, but not limited to. adverse weather
conditions,finTe majeure. and any and all other situations requested by authorized
departments and representatives of the City of Clearwater for -on-call on -the- water
towing service". Divecom will provide requested on -the -water towing service for vessels,
under the direction of an approved department or representative of the City of Clearwater
to a directed point of safe harbor or mooring location. The directed or determined location
by the City of Clearwater and/or its representatives for said vessel or vessel(s) will be
defined and observed herein as the "safe harbor" for said vessel.
V.)(Handwritten line item# 11.) "On ('alt Towing": Divecom will provide the City of
Clearwater, Clearwater Police Department and other authorized subsidiaries of the City of
Clearwater, on-call towing assistance in the event of. but not limited to. adverse weather
conditions,finve majeure, and any and all other situations requested by authorized
departments and representatives of the City of Clearwater for -on-call on -the- water
towing service". Divecom will provide requested on -the -water towing service for vessels.
under the direction of an approved department or representative of the City of Clearwater
to a directed point of safe harbor or mooring location. The directed or determined location
by the City of Clearwater andlor its representatives for said vessel or vessel(s) will be
defined and observed herein as the "safe harbor" for said vessel.
Divecom assumes no liability for City of Clearwater as to any vessel, vessel owner, charterer,
lienholder, etc., who claims damages for removal, damage or destruction, etc., of any vessel
commenced or authorized by City of Clearwater.
This addendum has been made without prejudice to the parties to this Agreement to alter the
terms thereof, in writing. This Agreement shall be construed as authored and approved by
both parties, and shall not be construed against either party, but applied equally against both
parties. In the event of dispute to this Agreement. the parties agree that such disputes shall be
resolved in a Court of competent jurisdiction in Pinellas County. Florida.
Signed this 1' day of March 2021 in Pinellas County
OM
•`4,_Ca
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X::-.
Devin Boersma, Managing Director
Divecom Services. LLC.
1.19 Letter Head
Rev. 3 01120 DB
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CLEARWATER
BRIGHT AND BEAUTIFUL • RATIO BEACH
REQUEST FOR PROPOSALS
#09-21
MARINE VESSEL REMOVAL, TOWING, STORAGE, AND DISPOSAL
SERVICES
November 10, 2020
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, December 9, 2020 to provide Marine Vessel Removal, Towing, Storage, and
Disposal Services.
Brief Description: The City of Clearwater is seeking proposals from qualified contractors for the
removal, towing, storage, and/or disposal of designated marine vessels located in City of
Clearwater waterways.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
Proposal packets, any attachments and addenda are available for download at:
https://www. myclearwater.com/business/rfp
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement contact below:
General, Process or Technical Questions concerning this solicitation should be
directed, IN WRITING, to the following Procurement Analyst:
Valerie Craig, CPPB
Sr. Procurement Analyst
Valerie.Craiga.myclearwater.com
This Request for Proposals is issued by:
Lori Vogel, CPPB
Procurement Manager
Lori.vogel&..myclearwater.com
Procurement Division
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 11.2018
INSTRUCTIONS
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the contact
listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions
received less than ten (10) calendar days prior to the due date and time may be answered at the
discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their proposal. The City cannot be held responsible if a
vendor fails to receive any addenda issued. The City shall not be responsible for any oral
changes to these specifications made by any employees or officer of the City. Failure to
acknowledge receipt of an addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: ❑ Yes ® No
Mandatory Attendance: ❑ Yes ® No
If so designated above, attendance is mandatory as a condition of submitting a proposal. The
conference/site visit provides interested parties an opportunity to discuss the City's needs,
inspect the site and ask questions. During any site visit you must fully acquaint yourself with the
conditions as they exist and the character of the operations to be conducted under the resulting
contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: December 9, 2020
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted and will record the names and
other information specified by law and rule. All proposals become the property of the City and will
not be returned except in the case of a late submission. Respondent names, as read at the bid
opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days
from day of opening elapses, whichever occurs earlier, proposals are available for inspection by
contacting the Procurement Division.
i.5 PROPOSAL FIRM TIME: 120 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: ❑ Yes $ 0.00 ® No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: ❑ Yes $ 0.00 ® No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be
required to furnish a performance security. The security may be submitted in one-year increments
and in any one of the following forms: an executed surety bond issued by a firm licensed and
registered to transact such business with the State of Florida; cash; certified check, cashier's
check or money order payable to the City of Clearwater (personal and company checks are not
acceptable); certificate of deposit or any other form of deposit issued by a financial institution and
acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and
conditions of the contract, the City shall have the right to use all or such part of said security as
Marine Vessel Removal Services 2 RFP #09-21
INSTRUCTIONS
may be necessary to reimburse the City for loss sustained by reason of such breach. The
balance of said security, if any, will be returned to Contractor upon the expiration or termination of
the contract.
i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our
bids website at https://www.myclearwater.com/business/rfp.
Bidders may mail or hand -deliver bids to the address below. E-mail or fax submissions will not be
accepted. Use label at the end of this solicitation package
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd FI, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Proposals will be received at this address. Proposers may mail or hand -deliver proposals; e-mail
or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City's
Procurement Office as the official time.
i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this
solicitation for purpose of influencing the process or the award, between any person or affiliates
seeking an award from this solicitation and the City is strongly discouraged. This does not
prohibit public comment at any City Council meeting, study session or Council committee
meeting.
This shall not apply to vendor -initiated communication with the contact(s) identified in the
solicitation or City -initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if
provided in the solicitation, requests for Best and Final Proposals, contract negotiations,
protest/appeal resolution, or surveying non-responsive vendors.
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City's final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand
the solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a
vendor suspects an error, omission or discrepancy in this solicitation, the vendor must
immediately and in any case not later than (seven (7) business days in advance of the due date
notify the contact on page one (1). The City is not responsible for and will not pay any costs
associated with the preparation and submission of the proposal. Proposers are cautioned to
verify their proposals before submission, as amendments to or withdrawal of proposals submitted
after time specified for opening of proposals may not be considered. The City will not be
responsible for any proposer errors or omissions.
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals
shall be submitted on the forms provided. An original and the designated number of copies of
each proposal are required. Proposals, including modifications, must be submitted in ink, typed,
or printed form and signed by an authorized representative. Please line through and initial rather
Marine Vessel Removal Services 3 RFP #09-21
INSTRUCTIONS
than erase changes. If the proposal is not properly signed or if any changes are not initialed, it
may be considered non-responsive. In the event of a disparity between the unit price and the
extended price, the unit price shall prevail unless obviously in error, as determined by the City.
The City may require that an electronic copy of the proposal be submitted. The proposal must
provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City
may reject the proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for "Brand Name or Equal," the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City's needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the
City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City's discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred,
suspended, or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any federal, state, or local government, or if
any such preclusion from participation from any public procurement activity is currently pending,
the proposer shall include a letter with its proposal identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A proposal from a
proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non -responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon
another event; to reject individual proposals for failure to meet any requirement; to award by item,
part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek
clarification of the proposal from proposer at any time, and failure to respond is cause for
rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City's
discretion and made to favor the City. No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
proposer may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the
Marine Vessel Removal Services 4 RFP #09-21
INSTRUCTIONS
proposer. The City's right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical
standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City's best interests, the Respondent may submit a written protest. All
protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures
Section 18 ("Purchasing Policy"). If there exists any discrepancy in this Section i.21 and the
Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent
before the bid opening must be filed with the Procurement Manager no later than five (5)
business days before Bid Opening. Protests that only become apparent after the Bid Opening
must be filed within the earlier of ten (10) business days of the alleged violation of the applicable
purchasing ordinance. The complete protest procedure can be obtained by contacting the
Procurement Division.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd FI
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
Marine Vessel Removal Services 5 RFP #09-21
INSTRUCTIONS — EVALUATION
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, the technical proposal/price. All proposals must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the
instructions for submitting proposals including completeness of proposal which
encompasses the inclusion of all required attachments and submissions. The City must
reject any proposals that are submitted late. Failure to meet other requirements may result
in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: excessively high or low priced proposals, past performance,
references (including those found outside the proposal), compliance with applicable laws,
proposer's record of performance and integrity- e.g. has the proposer been delinquent or
unfaithful to any contract with the City, whether the proposer is qualified legally to contract
with the City, financial stability and the perceived ability to perform completely as specified.
A proposer must at all times have financial resources sufficient, in the opinion of the City, to
ensure performance of the contract and must provide proof upon request. City staff may
also use Dun & Bradstreet and/or any generally available industry information. The City
reserves the right to inspect and review proposer's facilities, equipment and personnel and
those of any identified subcontractors. The City will determine whether any failure to supply
information, or the quality of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in
terms of the response to the specifications and how well the offer addresses the needs of
the project. The City will rank offers using a point ranking system (unless otherwise
specified) as an aid in conducting the evaluation.
d) If less than three (3) responsive proposals are received, at the City's sole discretion, the
proposals may be evaluated using simple comparative analysis instead of any announced
method of evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (pages 23-24)
Points
Qualifications and Experience: (Tab 2)
25
References: (Tab 2)
15
Facilities and Equipment: (Tab 3)
25
Capacity for Contract: (Tab 4)
25
Pricing: (Tab 5)
10
i.24 SHORT -LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on evaluation against the evaluation criteria. Short-listed proposers may be
invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews,
the City will finalize the ranking of shortlisted firms.
i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City's
discretion. The location for these presentations and/or interviews will be determined by the City
and may be held virtually.
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i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will
determine the scope and subject of any best & final request. However, the proposer should not
expect that the City will ask for best & finals and should submit their best offer based on the terms
and conditions set forth in this solicitation.
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that
the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis
to determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do
not result in an acceptable agreement, the City may reject proposal or revoke the award, and may
begin negotiations with another proposer. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the proposer
and the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City's intent to award a Contract are posted to
Purchasing's website. It is the proposer's responsibility to check the City of Clearwater's
website at https://www.myclearwater.com/business/rfp to view relevant RFP information and
notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: November 10, 2020
Advertise Tampa Bay Times: November 11, 2020
Responses due: December 9, 2020
Review proposals: December 10 — December 15, 2020
Presentations (if requested): December 18, 2020
Award recommendation: December 18, 2020
Council authorization: February 2021
Contract begins: February 2021
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S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor,
contractor, supplier, proposer, company, parties, persons", "purchase order, PO, contract,
agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response, quote".
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system,
paid time off or other rights afforded City employees. Contractor employees will not be regarded
as City employees or agents for any purpose, including the payment of unemployment or
workers' compensation. If any Contractor employees or subcontractors assert a claim for wages
or other employment benefits against the City, Contractor will defend, indemnify and hold
harmless the City from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract
work, it is agreed that all subcontractors performing work under the Agreement must comply with
its provisions. Further, all agreements between Contractor and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits,
rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials
or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully
informed of existing and future federal, state, and local laws, ordinances, and regulations that
in any manner affect the fulfillment of this Agreement and must comply with the same at its
own expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement.
Upon request, Contractor will demonstrate to the City's satisfaction any programs,
procedures, and other activities used to ensure compliance.
b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
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in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the
course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit
the City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i)
As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter "Contractor Immigration Warranty").
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of
this Agreement and will subject Contractor to penalties up to and including termination of
this Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who
provide services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment
records of Contractor and any subcontractor to ensure compliance with the Contractor
Immigration Warranty. Contractor agrees to assist the City in regard to any random
verification performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or
should otherwise claim the City is liable for the payment of taxes that are Contractor's
responsibility under this Agreement, Contractor will indemnify the City for any tax liability,
interest, and penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise
taxes and will furnish an exemption certificate upon request.
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S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor
may be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies
are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters
119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City
staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such
closed meeting. The recording of, and any records presented at, the exempt meeting shall be
available to the public when the City provides notice of an intended decision or until 30 days after
opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies
pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and
any records presented at the exempt meeting remain exempt from public disclosure until such
time that the City provides notice of an intended decision concerning the reissued RFP or until the
City withdraws the reissued RFP. A recording and any records presented at an exempt meeting
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call anmyclearwater.com,
600 Cleveland Street, Suite 600, Clearwater, FL 33755.
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
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d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency's request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g)
A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the contractor
has not complied with the request, to the public agency and to the contractor.
A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of
public records and to the contractor at the contractor's address listed on its contract with the
public agency or to the contractor's registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for
five (5) years after completion of the Agreement. The City or its authorized agent reserves the
right to inspect any records related to the performance of work specified herein. In addition, the
City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation
to the Agreement. Contractor will permit such inspections and audits during normal business
hours and upon reasonable notice by the City. The audit of records may occur at Contractor's
place of business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's
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current background check policies. Any officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City's Purchasing
and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non -defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
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c. The non -defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any
services hereunder, will not release the other party of any of the warranties or other obligations of
the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including
costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto,
relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel
under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or
Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or
fulfill the obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor -provided supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, Contractor warrants that all services will be
performed in a good, workman -like and professional manner. The City's acceptance of service or
materials provided by Contractor will not relieve Contractor from its obligations under this
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warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City's reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City's request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
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judgment is obtained against the City's use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division
and/or an authorized representative from the using department. All questions regarding the
contract will be referred to the Procurement Division for resolution. Supplements may be written
to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused
by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of
the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus
such additional time as may be reasonably necessary to overcome the effect of the delay,
provided however, under no circumstances will delays caused by a force majeure extend beyond
one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative
purchasing agreements with other Florida government agencies, including the Tampa Bay Area
Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be
extended for use by other municipalities, school districts and government agencies with the
approval of Contractor. Any such usage by other entities must be in accordance with the
statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective
government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Procurement Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If
provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited
in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida.
The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the
entire agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
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TERMS AND CONDITIONS
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
Marine Vessel Removal Services 16 RFP #09-21
DETAILED SPECIFICATIONS
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of
118,017 residents. The City of Clearwater is also a major tourist destination — Clearwater Beach
was rated #1 U.S. Beach by TripAdvisor's Traveler's Choice Awards in 2018 and 2019 and is
consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the
Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well
as hosting several sports tournaments through the year that attract visitors from across the
country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium.
Winter's story made it all the way to Hollywood in the motion pictures "Dolphin Tale" and "Dolphin
Tale 2", both filmed here in Clearwater.
2. BACKGROUND. The City works in conjunction with local and state agencies to address 'at risk'
vessels (Florida Statute § 327.4107) and 'derelict' vessels (Florida Statute § 823.11). The
services requested herein are related to the authority granted to the Clearwater Police
Department (CPD) via City of Clearwater Code of Ordinances Chapter 33, Waterways and
Vessels, specifically Ordinance No. 9383-20.
3. SCOPE OF WORK. The City is seeking a qualified contractor(s) to be responsible for the
removal/towing, storage, or disposition of select vessels as identified by CPD or another
participating city department on an as -needed basis. The contractor(s) selected will be
responsible for all required licenses, certificates, permits and insurance needed to complete these
services. All work activities associated with the removal, towing, storage, and disposal of vessels
are to be coordinated with the CPD.
4. SPECIFICATIONS.
Contractor Responsibilities: All procedures must be in compliance with all Federal, State, and
Local Laws and Regulations. The Contractor will be responsible for the following:
A. Included Services: Services shall include the labor, mobilization, transport, preparation of
vessels for removal/towing, storage and/or disposal, all landfill disposal fees, photographs,
and any pollutant removal and disposal.
B. Supplies and Equipment: The Contractor shall be responsible for providing all fuel, supplies,
materials, equipment, vehicles, vessels, tools, drivers, and personal protective equipment for
the removal/towing, storage, and/or disposal of targeted vessels. Furthermore, Contractor will
provide all related materials as required by Federal, State and Local Laws and Regulations.
The Contractor will provide in detail a list of supplies, equipment, and procedures utilized
during this contract with response.
C. Work Plan: The Contractor shall submit a work plan and procedures for removal/towing,
storage, and/or disposal of targeted vessels to be reviewed and approved by a designated
CPD representative before the authorization for service is granted. The plan shall include
details for vessel removal and include a plan for the handling of water quality issues and
pollutants. Work shall be scheduled as soon as possible when contacted by the City. Work is
expected to be completed within five (5) business days unless otherwise mutually agreed.
D. Operational and Strategy Meetings: The Contractor will attend operation and strategy
meetings as required by the CPD and other appropriate parties throughout the term of the
contract.
E. Removal/Towing: Includes vessels located at city docks or marinas that have become
submerged, are shallow/near shore, or have been deposited on the shoreline or uplands
within the navigable waters of the City of Clearwater, as defined in City of Clearwater Code of
Ordinances, Chapter 33. Removal includes any vessel add-ons, affixed to, or detached and
associated displaced debris within 300 feet radius from the main body of the vessel.
It is the Contractor's responsibility to ensure that all permits or permissions necessary to
provide the services required be obtained.
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DETAILED SPECIFICATIONS
To be compensated for the removal of targeted vessels, the entire vessel must be removed
from the keel up.
F. Emergency Removal/Towing: The Contractor shall mobilize forces and equipment to begin
removal/towing activities within forty-eight (48) hours of notice and authorization from CPD or
other participating city department, which could include work during nighttime, weekends, or
holidays. In this case, a supplemental lump sum emergency mobilization fee per project is
allowed. The CPD shall identify all emergency vessels to be removed.
G. Health and Safety: The Contractor will be responsible for the health and safety of its
employees, and for ensuring that work is performed in compliance with all FL -OSHA, State,
Federal and Local requirements, laws, statutes, codes, rules, and regulations including but not
limited to 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) and 29
CFR 1910.401, Subpart T, Commercial Diving (if applicable). The Contractor shall utilize
safety signs, warning lights, temporary barriers, dive flags, or other types of markers around
work areas as needed to protect the public and worker safety.
H. Environmental Impact: Work shall be conducted using appropriate Best Management
Practices (BMP's) to prevent turbidity/siltation/water quality violations and prevent damage to
wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMP's shall be
based on Florida Department of Environmental Protection (FDEP) erosion control and turbidity
prevention measures.
Contractor shall not disturb, trim, cut back or remove mangrove vegetation without permission
from Pinellas County. Other vegetation may be removed and disposed of or transplanted as
may be required by law. The Contractor must be aware of any protected vegetation laws. In
addition, Contractor must be aware of, and comply with, any laws regarding endangered
species of vegetation or animals in or surrounding the targeted vessel(s).
The County may require the Contractor to provide and properly install turbidity control devices
around each vessel in order to prevent sediments and/or pollutants from escaping the work
area. Vessels shall be removed with no impact to the coastal environment. Contractor is
responsible for any damage to the environment which occurs as a result of work related to the
removal. Any environmental impacts which have occurred prior to the start of removal work
shall be documented with pre -removal photographs. Contractor shall place and maintain all
necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to pre -
work condition.
I. License Requirement for Commercial Vessel Operation: The Contractor will ensure that
the owner/operator of any un -inspected towing vessel at least 26 feet in length, used in this
project to remove vessels and other equipment, is in possession of at least a United States
Coast Guard Issued "OUTV" (Operator Un -inspected Towing Vessel) License per Coast
Guard Regulations. (Regulation 46 U.S.C. 2101 (42))
J. Hazardous Materials onboard Abandoned Vessels: Targeted vessels may have an engine,
battery, fuel, oil, or other hazardous items aboard. It is the responsibility of the Contractor to
remove and properly dispose of any hazardous materials from vessels that meet this criteria. If
the Contractor becomes aware of a hazardous substance spill, the Contractor must take
immediate and appropriate action as it shall be the Contractor's responsibility to prevent,
contain, or minimize a spill of a hazardous substance. If the spill is found to be a result of the
Contractor's actions or negligence, the Contractor shall be held liable.
Contractor shall determine if vessel contains pollutants that could be harmful to the
environment if discharged during removal operations; remove pollutants prior to moving vessel
and provide proper legal disposal and furnish the City Representative with receipts
documenting pollutant disposal. If any pollutant discharge occurs, Contractor shall immediately
report this to the appropriate authorities, in addition to employing proper containment
Marine Vessel Removal Services 18 RFP #09-21
DETAILED SPECIFICATIONS
measures. Pollutants include, but are not limited to motor/vessel fuels, oils and lead acid
batteries. Containment booms and recoverable absorbent materials shall be available for spill
response to contain and recover fuel or oil discharges that could occur during vessel recovery.
K. Waste Manifest and Bill of Lading: The Contractor handling the disposition of the targeted
vessel(s) will prepare a manifest. Full responsibility is the Contractor's. A "sign off' by the
County's Environmental Health HAZMAT Division will be required only when Hazardous
Materials Incident occurs. All other Manifest or Bill of Lading will be "signed off' by CPD.
L. Treatment Storage and Disposal Facilities (TSDF): It is the responsibility of the Contractor
to select the Treatment Storage and Disposal Facility necessary to intake vessels containing
hazardous waste(s). Contractor shall provide to the City all required certificates of such site(s)
with submittal.
The City shall not be responsible for additional costs incurred as a result of the TSDF refusing
to take waste from the Contractor.
M. Recycling: The City encourages the recycling of materials when feasible. The Contractor
shall have the option of recycling any materials of the vessel.
N. Disposal: Vessels must be disposed of at the Pinellas County Solid Waste Class III landfill or
any Class 111 landfill preapproved by the City of Clearwater. Contractor must remove all
contaminants from the vessel and remove any items not accepted at the landfill and dispose of
properly and in accordance with all appropriate regulatory requirements. Contractor is
responsible to prepare the vessel for disposal, transportation of the vessel to the landfill, and
all disposal fees.
Contractor shall provide CPD with a copy of landfill disposal receipts for each vessel, and any
receipts for pollutant disposal or recycled materials, along with the photographs documenting
destruction of the vessel. This documentation as well as all photos taken of the entire removal
process shall be included in the post-removal reports submitted to CPD.
Q. Storage: Vessels must be maintained in the same condition in which they were accepted
until disposal process is complete.
Contractor must have an established, principal storage facility within the Tampa Bay area. The
Contractor will be required to provide proof of ownership and/or valid lease agreements for
the physical facility and property. The Contractor must maintain these agreements during the
entirety of the contract term.
The Contractor's storage facility will include a working alarm system to prevent unauthorized
access and the facility property must be completely encircled by secure fencing, not less than
six feet (6') in height. The top of any fence or wall enclosure, including gate(s)/door(s), or open
areas without a roof, shall be equipped with at least twelve inches (12") of barbed wire, or
similar anti -intrusion barrier, which shall be installed in such a manner to discourage
unauthorized entry. The Contractor will be responsible for ensuring overall security of the
property.
Contractor's facilities will be configured to allow only authorized personnel with access.
Access must be adequately documented to meet the standards of chain of custody of
evidence for criminal proceedings where applicable. The Contractor shall be able to supply
identified CPD sworn officers with 24-hour access to the indoor facility.
P. Public Interaction: All work shall be completed in such a manner as to minimize disruption to
boat ramps, boaters, and roadway traffic.
Q. Communications: The Contractor is required to have two-way communication at the job
site(s). Two-way communications can be cellular, Marine Band, or other. Contractor shall
provide a minimum of 48-hour notice of removals to allow for CPD or other City
Marine Vessel Removal Services 19 RFP #09-21
DETAILED SPECIFICATIONS
representatives to be present during operations.
R. Subcontractors: The use of subcontractors must be preapproved by the City of Clearwater.
S. Photography: Contractor shall take detailed photographs documenting the pre -removal
condition of the vessel, every stage of removal, and the post-removal environmental
conditions for each removal. Photographs of the destruction of the vessel or of the intact
vessel at the landfill or storage facility are required. All photos shall include date and time
stamp and be submitted to CPD upon request.
5. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience
with marine vessel removal, towing, storage, and disposal services in Response Elements, Item
2, Tab 2, Qualifications and Experience. With the Qualifications statement, a minimum of three
(3) references, preferably from other public entities within the State of Florida, for which similar
services have been provided, are required.
6. DELIVERY. Vessels shall be towed out of the water and delivered to the appropriate disposal or
storage facility, as designated by CPD.
7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or
better. In addition, the City has the right to review the Contractor's deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Marine General Liability (MGL) coverage for at least $1,000,000 per occurrence /
$2,000,000 aggregate, including coverage for:
i. Contractual Liability;
ii. Products and Completed Operations;
iii. Bodily Injury and Property Damage;
iv. Sudden and Accidental Pollution
In addition to the above coverage components, the City should be named as an Additional
Insured, including a Waiver of Subrogation in the City's favor as well as Primary and Non -
Contributory wording.
b. Marina Operators Legal Liability, should have coverage for at least $5,000,000 per
occurrence / $5,000,000 aggregate, with the City being named as an Additional Insured, as
well as including a Waiver of Subrogation in the City's favor and Primary and Non -
Contributory wording.
c. Vessel Hull & Machinery, P&I, Vessel Pollution Liability
The following types of insurance are required:
i. Protection & Indemnity Insurance (including crew): Liability for any third party bodily
injury or property damage caused by the vessel, requiring minimum limits of $1,000,000.
Contractor's P&I coverage must include Jones Act coverage.
ii.Vessel Pollution Liability: For barges or vessels of any size, require Vessel Pollution
Liability with limits equal to the required P&I limits. In this case, $1,000,000 would be the
minimum limit acceptable.
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DETAILED SPECIFICATIONS
iii. Hull & Machinery (H&M): Vessels to be insured for their Actual Cash Value.
The City should be named as an Additional Insured on the P&I and Vessel Pollution
Liability, including a Waiver of Subrogation in favor of the City as well as Primary and non-
contributory wording.
d. Automobile Liability: Recognizing that the work governed by this contract could require the
use of vehicles, the Contractor, prior to commencement of work, shall obtain Automobile
Liability insurance, with coverage being maintained throughout the term of this contract, and
as a minimum must include liability coverage for Owned, Non -Owned, and Hired vehicles
(HNOA). The minimum limits acceptable would be a Combined Single Limit (CSL) for bodily
injury/property damage of at least $1,000,000.
d. Bumbershoot (AKA Umbrella) — This is an additional line of coverage that would sit over the
Marine GL, P&I, EL and Vessel pollution, and operates similarly to that of an Umbrella policy.
$1,000,000 would be our minimum requirement, but recommend at least $5,000,000.
e. USL&H and Workers Compensation: Prior to the commencement of work, the Contractor
shall obtain Workers Compensation insurance with limits sufficient to response to applicable
state statutes. All of the Contractor's employees as well as any subcontractor employees
must be insured under USL&H where necessary. In addition, the Contractor shall obtain
Employers' Liability insurance. Coverage shall be maintained throughout the entire term of
the contract. Minimum limit requirements are as followed:
i. Part One: Statutory
ii. Part Two: Bodily Injury by Accident $ 500,000
iii. Bodily Injury by Disease - Policy Limit $ 500,000
iv. Bodily Injury by Disease - Each Employee $ 500,000
v. WCUSLH US Longshoreman & Harbor Workers Act — Same as Employers Liability
vi. WCJA Federal Jones Act — Same as Employers Liability
Other Insurance Provisions.
f. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor
will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set
forth above and naming the City as an "Additional Insured" on the Commercial General
Liability Insurance and the Commercial Automobile Liability Insurance. In addition when
requested in writing from the City, Vendor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Procurement Division, RFP #09-21
P.O. Box 4748
Clearwater, FL 33758-4748
g. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
h. Vendor's insurance as outlined above shall be primary and non-contributory coverage for
Vendor's negligence.
i. Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or
Marine Vessel Removal Services 21 RFP #09-21
DETAILED SPECIFICATIONS
to Vendor's design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City's failure to request evidence of this insurance shall not be construed
as a waiver of Vendor's (or any contractors', subcontractors', representatives' or agents')
obligation to provide the insurance coverage specified.
Marine Vessel Removal Services 22 RFP #09-21
MILESTONES
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2021 - January
2022
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the
delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as
provided herein. The decision to renew a contract rests solely with the City. The City will give
written notice of its intention to renew the contract no later than thirty (30) days prior to the
expiration.
Three (3), one (1) year renewals are possible at the City's option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The
City shall not be invoiced at prices higher than those stated in any contract resulting from this
proposal.
a. The Contractor certifies that the prices offered are no higher than the lowest price the
Contractor charges other buyers for similar quantities under similar conditions. The
Contractor further agrees that any reductions in the price of the goods or services
covered by this proposal and occurring after award will apply to the undelivered balance.
The Contractor shall promptly notify the City of such price reductions.
b. During the sixty (60) day period prior to the renewal anniversary of the contract effective
date, the Contractor may submit a written request that the City increase the prices in an
amount for no more than the twelve month change in the Consumer Price Index for All
Urban Consumers (CPI -U), US City Average, All Items, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
c. At the end of the initial term, pricing may be adjusted for amounts other than inflation
based on mutual agreement of the parties after review of appropriate documentation.
Renewal prices shall be firm for the one (1) year renewal term.
d. No fuel surcharges will be accepted.
Marine Vessel Removal Services 23 RFP #09-21
RESPONSE ELEMENTS
1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand -delivered, firm must submit one (1) signed original (identified
as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic
format, on a disc or thumb drive, in a sealed container using the label provided at the end of this
solicitation.
NOTE: If submitting proposals electronically, copies are not required.
2. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
NOTE: Every proposal received by the City will be considered a public record pursuant to
Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-
responsive to this RFP.
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the
following information:
1. The proposer's understanding of the work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this project.
TAB 2 — Qualifications and Experience. The following information should be included:
1. A statement of qualifications, abilities, experience and expertise in providing the
requested services.
a. A description of what qualifies your company, financial and otherwise, to provide the
City with these services for the required period of time, provide appropriate staffing,
provide necessary resources and show a history of demonstrated competence.
b. An assessment of the proposer's abilities to meet and satisfy the needs of the City,
taking into consideration the requested services, additional services and/or expertise
offered that exceed the requirements, or the Contractor's inability to meet some of
the requirements of the specifications.
c. References —A minimum of three (3) references, preferably from other public entities
within the State of Florida, for whom you have provided similar services. Include the
name of entity, contact person's names, phone numbers, e-mail addresses, mailing
addresses, type of service provided, dates these services were provided.
2. Identification of senior and technical staff to be assigned to the City. Staff named in the
proposal may not be substituted without permission of the City.
a. Resumes, including relevant experience may be included.
TAB 3 — Facilities and Equipment. Clearly describe the vessels, vehicles, trailers, equipment,
and facilities intended to be used for the services listed herein. Provide pictures of vessels,
trailers, equipment, established facilities, and other documentation, including certificates, to
assist during proposal evaluations to include proof of ownership and/or valid lease
agreements for facilities.
TAB 4 — Capacity for Contract. Clearly describe your understanding of and ability to
accommodate and respond to requests for Marine Vessel Removal, Towing, Storage and
Disposal Services.
TAB 5 - Pricing Sheet (Exhibit A - Pricing). The cost portion of the proposal should include the
following elements:
1. Completed and Signed ExhibitA- Pricing Sheet
2. A listing of any and all additional charges not specifically identified in Exhibit A - Pricing
Sheet.
Marine Vessel Removal Services 24 RFP #09-21
RESPONSE ELEMENTS
TAB 6 -Other Forms. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Vendor Certification of Proposal form
4. Scrutinized Companies form(s) as required
5. Copies of licenses and/or certifications
6. Scrutinized Companies Form
7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
Marine Vessel Removal Services 25 RFP #09-21
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note — Any material exceptions taken to the City's Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe --attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe --attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda
have been issued.
Addenda Number
Initial to acknowledge receipt
Vendor Name Date:
Marine Vessel Removal Services 26 RFP #09-21
VENDOR INFORMATION
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip:
Phone: Fax:
E -Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E -Mail Address:
Day -to -Day Project Contact (if awarded):
Name:
Phone:
Certified Small Business
Fax:
E -Mail Address:
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
Marine Vessel Removal Services 27 RFP #09-21
VENDOR CERTIFICATION OF PROPOSAL
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,
or consultant who has or may have had a role in the procurement process for the services and or
goods/materials covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer,
or in response to a public records request under Florida's public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors
("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal Immigration
laws and regulations that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes
and Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
I) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
Marine Vessel Removal Services 28 RFP #09-21
SCRUTINIZED COMPANIES FORMS
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND
SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in
business operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and
Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling,
possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real
property, military equipment, or any other apparatus of business or commerce; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria.
STATE OF
COUNTY OF
Authorized Signature
Printed Name
Title
Name of Entity/Corporation
The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online
notarization on, this day of , 20 , by
(name of person whose signature is being notarized) as the (title) of
(name of corporation/entity), personally known or
produced (type of identification) as identification, and who did/did not take
an oath.
Notary Public
Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
Marine Vessel Removal Services 29 RFP #09-21
SCRUTINIZED COMPANIES FORMS
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL.
FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a
boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be
considered as evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel
List, or engaged in a boycott of Israel.
STATE OF
COUNTY OF
Authorized Signature
Printed Name
Title
Name of Entity/Corporation
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization on, this day of , 20 , by
(name of person whose signature is being notarized) as the (title) of
(name of corporation/entity), personally known , or
produced (type of identification) as identification, and who did/did not take
an oath.
Notary Public
Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
Marine Vessel Removal Services 30 RFP #09-21
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
For US Mail
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #09-21, Marine Vessel Removal, Towing, Storage,
and Disposal Services
Due Date: December 9, 2020 at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
For US Mail
For Hand Deliveries, FEDEX, UPS or Other Courier Services
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #09-21, Marine Vessel Removal, Towing, Storage,
and Disposal Services
Due Date: December 9, 2020 at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd FI
Clearwater FL 33756-5520
For Hand Deliveries, FEDEX, UPS or Other Courier Services
Marine Vessel Removal Services 31 RFP #09-21