CONTRACT FOR VESSEL REMOVAL, TOWING, STORAGE AND/OR DISPOSALCONTRACT
THIS CONTRACT, entered into this 3" day of Muy
2025, 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," 1301 10th St E Unit G, 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. 12-25, Marine Vessel Removal, Towing, Storage, and Disposal
Services, DIVECOM's response and proposal dated February 4, 2025. These
documents are hereby incorporated by reference and made a part hereof.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on May 16, 2025 and
end
May 15, 2026. Two (2), 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 — Ammendment 02 Fee Schedule dated April 25th, 2025,
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. Todd Johnson
Support Services Division
Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756
(727) 444-7242
todd johnson(amyclearwaterl.com
6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to RFP No. 12-25 Terms and Conditions.
7. INDEMNIFICATION AND INSURANCE.
DIVECOM agrees to comply with all terms, provisions, and requirements
contained in RFP No. 12-25, 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 3 of 6
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
Page4 of6
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 of6
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:
Bruce
Mayor
Approved as to form:
Melissa Isabel
Senior Assistant City Attorney
Attest:
41/4/161
Amelia Boersma (Apr 25, 2025 13:12 EDT)
Print Name:
Secretary Amelia Boersma
CITY OF CLEARWATER, FLORIDA
By:
Attest:
Jifer`'Pcorrier
City Manager
It. 0 La__
Rosemarie Call
City Clerk
DIVECOM SERVICES, LLC.
�• Devin Boe,sma'2p, 25, 202513'.00 EDT)
Devin Boersma
Managing Director
Page 6 of 6
Divecom-CW-Contract2025
Final Audit Report
2025-04-25
Created: 2025-04-25
By: Connor Summerson (csummerson@divecom.us)
Status: Signed
Transaction ID: CBJCHBCAABAAtmzc6x0ZHX0xz_TYzDnnDkpEXL2FjOzo
"Divecom-CW-Contract2025" History
ti Document created by Connor Summerson (csummerson@divecom.us)
2025-04-25 - 4:59:37 PM GMT
Document emailed to Devin Boersma (devin@divecom.us) for signature
2025-04-25 - 4:59:41 PM GMT
Document emailed to Amelia Boersma (amelia@divecom.us) for signature
2025-04-25 - 4:59:41 PM GMT
t Email viewed by Devin Boersma (devin@divecom.us)
2025-04-25 - 5:00:29 PM GMT
( Document e -signed by Devin Boersma (devin@divecom.us)
Signature Date: 2025-04-25 - 5:00:49 PM GMT - Time Source: server
Email viewed by Amelia Boersma (amelia@divecom.us)
2025-04-25 - 5:12:14 PM GMT
• Document e -signed by Amelia Boersma (amelia@divecom.us)
Signature Date: 2025-04-25 - 5:12:42 PM GMT - Time Source: server
• Agreement completed.
2025-04-25 - 5:12:42 PM GMT
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