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HomeMy WebLinkAbout05 - Grant Application for Vessel Pumpout Replacement"�w 0"T CITY OF U Q T NEWPORT S E CH , Agenda Item No. 5 Cuty ®a�IrocuO Staff Report September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A Webb, Public Works Director 949- 644 -3311, dawebb @newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Resources Supervisor APPROVED: TITLE: Resolution Supporting a Grant Application to the Department of Boating and Waterways for Vessel Pumpout Replacement _- Staff is planning to submit a grant application to the Department of Boating and Waterways (DBAW) for reimbursement of costs associated with replacement of pumpout facilities. The application requires the City Council to adopt a Resolution endorsing the grant application. RECOMMENDATION: Adopt the attached Resolution authorizing and supporting submittal of an application to the Department of Boating and Waterways for grant funds for the Replacement of the Vessel Pumpouts. FUNDING REQUIREMENTS: If approved, the DBAW grant will provide $55,000 for the installation and maintenance of vessel pumpout facilities in the City of Newport Beach in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85). The grant requires that grant monies shall not exceed seventy -five percent (75 %) of the allowable project costs and the City shall contribute the remaining twenty -five percent (25 %). The Public Works Department allocated $20,000 in the FY12 -13 budget, CIP account 2371- C4402014, for pumpout replacement and $60,000 in 2351- C4402014 to be ultimately reimbursed from the DBAW grant. DISCUSSION: The City of Newport Beach operates and maintains five public vessel pumpout facilities throughout Newport Harbor. The pumpouts are available free of charge to the boating 1 of 26 Resolution Supporting a Grant Application to the Department of Boating and Waterways for Vessel Pumpout Replacement September 25, 2012 Page 2 public 24 hours a day, every day. The accessibility of the public pumpouts encourages clean boating and improved water quality in our harbor. The frequent use of these public pumpouts increases maintenance and subsequent costs for the City. In July 2011, the City received $7,000 in grant money from DBAW for operation and maintenance costs, a 75/25 percent DBAW /City cost sharing. Nearly half of that money has been spent rebuilding pumpout motors and purchasing replacement parts. The intensity of use and aging systems require their replacement. If awarded these grant monies, the City will be able to replace all five existing pumpouts with new units. A Resolution adopted by City Council must be submitted with the grant agreement. The Resolution must state that: 1. The City desires replace existing public vessel pumpout facilities in Newport Harbor to meet the needs of the boaters and to provide public access to these facilities. 2. The City is willing to enter into an agreement to provide for the installation of the proposed facilities. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Public Works Director Attachments: A. Resolution for Vessel Pumpout Replacement B. Department of Boating and Waterways Vessel Pumpout Facility Agreement C. Location Map 2 of 26 Attachment A RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING A GRANT FOR INSTALLATION OF PUBLIC PUMPOUT FACILITIES FROM THE DEPARTMENT OF BOATING AND WATERWAYS WHEREAS, the City of Newport Beach is desirous of replacing existing public vessel pumpout facilities in Newport Harbor to meet the needs of the boaters and to provide public access to these facilities ; and WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the operation and maintenance of public pumpout facilities; and WHEREAS, the City of Newport Beach is willing to enter into an agreement to provide for the installation of the proposed facilities; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Requests that the Department of Boating and Waterways provide a Clean Vessel Act Grant for the installation of public pumpout facilities in Newport Harbor; and that the City of Newport Beach agrees to accept the grant and hereby authorizes the signature of the grant agreement and accept the grant for the purposes stated above. Section 2: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25" day of September, 2012. ATTEST: Leilani I. Brown, City Clerk -1- M Nancy Gardner, Mayor 3 of 26 S'rA'I" Oh CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) 11--107- 7D?2 REGISTRATION NUMBER 3680 I. This Agreement is entered into between the Slate Agency and the Contractor named below: .SPATE ACENCY'S NAME DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT) CONTRACTOR'S NAME City of Newport Beach (GRANTEE) 2. The term of this Agreement is: Shall begin On the Effective /date and continue for Seven (7).yrears•ft'om the effective date of this agr-eement. 3. The maximum amount $ 55,000 of this Agreement is: FIFTY FIVF THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions 017 the following exhibits, which are by III is reference, made a part of the Agreement. Location: Newport Beach CVA Installal ion — CVA Exhibit A — Vessel Pumpout Facility Installation Contract 4 pages Exhibit B — Vessel Pumpout Facility Installation Contract Standard Terms and Conditions 5 pages Exhibit C— General Terms and Conditions GTC 610 ExhibitD — Clean Vessel Act. Grant Application 9 pages Contractor Certification Clauses CCC 307 Items shown IFNI an Asterisk ( *), are hereby incorporated hp reference. and aside tzar( of this agreeumul as if atfached hereto. These documents can be viewed at www.uls. des. cu. euv / Stand: ud' %?t11..Inleuacc /dcl:ndt.htm IN W trNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CON'I'RAC'I'Ot'S NAM Ii (if ether then en individual. state uhethera yo ration, parmenhlp, Cie.) City of Newport Beach nY bl ud...ized Signarura) DATE S ION ED(Do rut ppe) VIZ I NTED NAME AN D'TITL:E 017 PERSON SIGNING ADDRESS 829 Harbor Island Dri ve Newport Beach, CA 92660 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF BOATING AND WATERWAYS BY (Aathurized.Si,Snaore) DATE SIOMib(Dn rut mpe.J R ❑ Exenlpl per:. PRINTED NAME AND TITLE OF PERSON SIGNING LUCIA C. BECERRA, Acting Director ADDRESS 2000 EVERGREEN STREET, SUITE 100 4 of 26 SACRAMEN'T'O, CALIFORNIA 95815 -3888 Aftarhmant R EXHIBIT A VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT REIMBURSEMENT CITY OF NEWPORT BEACH 1. PARTILS The parties to this Agreement are as follows: (a) DEPARTMENT: The Department of Boating and Waterways (b) GRANTEE: City of Newport Beach 829 harbor Island Drive Newport Beach, CA 92660 2. GRANT (a) The DEPARTMENT hereby grants up to FIFTY FIVE THOUSAND DOLLARS ($55,000.00), to the GRANTEE, for installation of vessel pumpout facilities at the Newport Beach Harbor in compliance with the regulations of the Clean Vessel Act (50 CF.R Part 85). (b) The grant shall not exceed SEVENTY FIVE PERCENT (75%) of theallowable project costs. The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25 %). (c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616]. (d) The project work shall be in accordance with the approved Clean Vessel Act Grant Application, attached as Exhibit D, which is made part of this Agreement. (e) This GRANT is sub.icet to the terms and conditions in Appendix A of Exhibit D, as well as those in Exhibits B and C of this Agreement. 3. PROJECTCOMPI.,ETION.DATE The GRANTEE shall complete the installation of the vessel pumpout facility (such installation as described in the Clean Vessel Act Grant Application (Exhibit D) and hereinafter referred to as PROJECT) no later than one year from the Effective Date of the contract. 4. TERM OP CONTRACT (a) The term of this CONTRACT, subject to the provisions for prior termination, shall begin on the effective date of the CONTRACT and shall continue for SEVEN (7) years from 5 of 26 Revision 1112011 1 CVA- r:xhilAttachment 6 EXHIBIT A acceptance of the 'PROJEC'I' by the DEPARTMENT. (b) This CONTRACT may be extended, amended or canceled upon agreement of both the DEPARTMENT and the GRANTEE. 5. USER PEES The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT; however, such fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel puntpoutfacility. The GRANTEE may not charge a total fee in excess of $5.00 for the use of the punipout faci lilies constructed without prior written approval of the Department. The $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics ConSmner Price Index (CPT) using the CPT index for December 1993 (436.8) as the base for any such adjustment. 6. SPECIAL PROVISIONS (a) 1. The punipout facilities constructed under this grant shall be operated, maintained, and be open and available to the public for the full term of this CONTRACT. 2. Operation of the punipout facilities shall be available during normal business hours per day and shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems or other means. 3. The pumpout facilities constructed nuclei- this grant shall be equipped with an hour meter to record its usage. 4. All pump out systems shall be provided with a wireless, real time monitoring, data collection and reporting system. The monitoring system shall be factory installed by the pumpout manufacturer. The monitoring system shall be a (1) MarineSync [(888) 988 -SYNC (7962)], Model MST - Plug & Play Package w/2 -Year Data Platt (p/n MSO101.002); (2) PumpWatcher Co. [(727) 641 -1936] Monitoring System #PW- RS1 w/2 -Year Data Plan or approved equal. 5. The Grantee shall maintain the monitoring system and data plan for full term of this contact. The Department shall also be provided full access to the data collected by the monitoring system. (b) The grant recipient shall construct and install signage that shall: 6 of 26 Revision 11/20.11 2 CVA— rxhiAttaehment B EXHIBIT A 1. Indicate the presence of a vessel pmnpout facility (State supplied sign); 2. Acknowledge that the facility was constructed or improved with finds from the Clean Vessel Act. The suggested language shall be "This facility was funded under the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels" (State supplied sign). 3. Provide appropriate information at the pumpout station that indicates fees, restrictions, operation instructions, and a contact name and number if the facility is inoperable. 4. Provide notice on the pumpout facility that identities the local city, county, local public health officer, or boating law enforcement officer responsible for enforcing the pumpout regulations in the local area. (c) Operation and Maintenance of Project Because the Department has invested public fiords in your marina for the pumpout facilities, the Department has a vested interest in their success. As a condition ofthe grant finds the Grantee is therefore responsible to ensure thatthe pumpout facilities are operated and maintained in a manner that wi ll prevent discharge of any sewage to the waters of the State, shall be maintained in good working order, and shall be regularly cleaned for the term of this contract. 2. The Department shall not be liable for any costs of maintenance, management, control or operation of the Project Area. 3. The Department and its agents may, at any and all reasonable times during the term of this contract, enter the Project Area for purposes of inspecting the pumpout facilities to determine if the facility is being maintained accordingto the tenns of this contract and the Recommended Mininnim Maintenance Guidelines listed below. 4. Failure to maintain the facility according to this section is a breech of this contract and may subject the Grantee to Termination of this contract. S. The Department and its agents may, at any and all reasonable times during the term of this contract, enter the Project Area and install upon the pumpout equipment a monitoring device to record the operation and reliability of the pumpoutequipment installed under this grant. 7 of 26 Revision 11/2011 3 cvA- nARAttachment B EXHIBIT A 6. The Grantee sha I I at a minimum maintain I be pumpoutfici I ity in accordance with the guidelines below. Recommended Mininuun Maintenance Guidelines: 1. On a daily basis inspect the pumpout facility for cleanliness, suction hose and nozzle conditions, discharge pipe condition, and general pump operating condition. Perform cleanup /maintenance as required, 2. As recommended by the equipment manufacturer perform preventative maintenance per recommended schedule. 3. Grantee should complete all repairs within 72 hrs of identifying a pumpout facility need. (d) Upon expiration of the CONTRACT, all improvements made by the GRANT shall become property of the GRANTEE. (e) GRANTEE shall each year provide information about the use and reliability of the vessel pumpout facility in the form of a post - implementation evaluation report (PIER) provided by the Department and shall transmit the results of the PIER to the DEPARTMENT no more than 30 days after receipt of the PIER. (1) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses herein, first -class postage fully prepaid thereon: 7. PROJECT REPRESENTATIVES The GRANTEE and the DEPARTMENT shall each designate speci fic staff representatives for the purposes of communication between parties. GRANTEE'S representative shall be by delegation of authority, signed by the person designated by Resolution to sign the contract or any amendments, and to make decisions concerning the contract. End 8 of 26 Revision 11 /2011 4 CvA— rrhiAttachment B 1�1:4:ftr1 ]r�lilf] VESSEL PUM'POUT FACIIATY 1NSTALLATI.ON CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE 1— DEFINITIONS A. ALLOWABLEPROJECTCOSTS means those permitting, planning, managerneW, signage, labor, design, material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT as eligible grant activities; such PROJECT COSTS shall not include any expenses incurred prior to the effective date of this CONTRACT nor any expenses incurred for ineligible activities. B. CONTRACT means the contract to which these standard terms and conditions are appended, C. DEPARTMENTI' means the Department: of Boating and Waterways. D. EPFECTIVE DATE The effective date of this Agreement is either the stall: date or the approval date by the Department of General Services, whichever is later. In cases when DGS approval is not required, this Agreement is of no force or effect until the date of the last signature. No work shall commence until the Effective Date. E. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75 and the Federal Clean Vessel Act of 1992 (50 CM Part 85) to finance all or part of the PROJECT COSTS. F. GRANTEE means the person or entity identified in Exhibit A as the GRANTEE. G. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have full and reasonable access to the pumpout /dump station For the purpose of sewage disposal. Fees shall be equal for all pumpout users at a facility open and available to the public. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. H. PROJECT means the Clean Vessel Act Grant proposal submitted by the GRANTEE to the DEPARTMENT and attached and made part of the CONTRACT as Exhibit D. 1. PROJECT AREA means the area delineated in Exhibit D within which the PROJECT will be undertaken. ARTICLE It — CONSTRUCTION OF PROJECT A. All contracts for construction of the PROJECT shall: Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding. 2. Contain the following clause: "Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." 9 of 26 Revision 7/122012 i CVA- ExhilAttachment B EXHIBIT B Contain a clause that line contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. 4. Contain a clause that requires the contractors to ensure the structural integrity and safety of the PROJECT. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. ARTICLE 111 - DISBURSEMENT OF GRANT A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover construction costs unless and until file GRANTEE demonstrates that it has acquired permits necessary to construct and operate the PROJECT. B. GRANTEE shall acquire advance written acceptance of the completed project from the DEPARTMENT prior to any disbursement of funds. C. The GRANTEE, shall request final payment in writing under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. D. Grantee shall account for all project costs expended under this grant as required by the DEPARTMENT. Prior to disbursement offunds, GRANTEE shall provide DEPARTMENT with a final summary of the project costs. E. The DEPARTMENT may withhold any payment of GRANT funds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. ARTICLE N- LIABILITY A. The GRANTEE waives all claims and recourse against (lie DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT. B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the PROJECT. C. If the the DEPARTMENT is named as a co- defendant, the GRANTER shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. . ARTICLE V - WANER OF RIGHTS 10 of 26 Revision 7/12/2012 2 CvA - Exhil ,ftachment B EXHIBIT B It is the intention ofthe parties hereto that from time to time either party may waive certain of its rights under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE VI. - REMEDIES NOT EXCLUSIVE The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provide(] by law. ARTICLE VII - OPINIONS AND DETERMINATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE V ill — ASSIGNMENT, SALE, OR TRANSFER A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as the DEPARTMENT may impose. B. GRANTEE shall require, as a condition of assignment, sale or transfer of the property on which the PROJECT is constructed, the assignee, purchaser or transferee of the property to assume, in writing, in such manner as shall be satisfactory to the DEPARTMENT, the obligations of this CONTRACT. Failure to comply with this provision -shall constitute a default pursuant to ARTICLE XII B of Exhibit B of this CONTRACT ARTICLE DC - SUCCESSORS AND ASSIGNS OBLIGATED This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE X - PRIOR TERMINATION The CONTRACT shall terminate on the (late specified in EXHIBIT' A, Paragraph 3 of this CONTRACT if(]) the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by such date, or (2) if no disbursement by the DEPARTMENT of GRANT funds occurs by such date. ARTICLE XI- AUDIT In addition to the audit requirements specified in Exhibit C, GRANTEE understands and agrees that, as a recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal law, regulations or policy, such as the Single Audit Act and the reporting requirements set forth in OMB Circular A -135. ARTICLE XII —TERMINATION 11 of 26 Revision 7 /12/2012 3 CVA— ExhibAfa.achment B EXHIBIT B A. TERMINATION FOR CONVENIENCE I . The DEPARTMENT may terminate this CONTRACT at any for the convenience of the State upon THIRTY (30) days prior written notice, delivered by certified mail or in person to GRANTEE. Upon notice of such termination, GRANTEE shall, within 30 clays, return by check payable to the DEPARTMENT all unexpended grant fiords not previously approved for expenditure by the DEPARTMENT. GRANTEE may tern inate this CONTRACT at any time upon THIRTY (30) days prior written notice; delivered by certified mail or in person to the DEPARTMENT, provided, however, that upon any such termination of the CONTRACT, GRANTEE shall, within thirty (30) days of such termination, reimburse by check payable to the DEPARTMENT all fiords contributed by the DEPARTMENT to the PROJECT on a prorated basis as determined by the DEPARTMENT. E. TERMINATION FOR DEFAULT The DEPARTMENT may at any time upon NINETY (90) clays prior written notice of default, and, when applicable, after having afforded GRANTEE an opportunity to cure any breach pursuant to ARTICLE VII, terminate this CONTRACT if the GRANTEE has failed to abide by any applicable provision of this CONTRACT. In such case, GRANTEE shall, within NINETY (90) clays of its receipt of a notice of termination, reimburse by check all funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as determined by the DEPARTMENT. ARTICLE XIII WAIVERS No delay on the.part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any written waiver on the pail of any party of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. A written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of the same kind ARTICLE XIV DISPUTE RESOLUTION Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable period of time by the GRANTEE and DEPARTMENT representatives normally responsible for the administration of this CONTRACT shall be brought to the attention of the Director of the DEPARTMENT of the Director's designee. At the request of either party, the DEPARTMENT shall provide a forum for the discussion of the disputed inatter(s). If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this CONTRACT in a courtofcornpetent jurisdiction ARTICLE XV WAIVER OF THE STATUTE OF LIMITATIONS GRANTEE waives the benefit of any limitations affecting its liability hereunder or the enforcement thereof to the extent permitted by law. ARTICLE XVI NOTICES Notices required between the parties shall be deemed to have been given when mailed to the respective addresses herein, first -class postage fully prepaid thereon, unless otherwise required by law. ARTICLE XVE — COMPLIANCE WITH FEDERAL REQUIREMENTS 12 of 26 Revision 7/12 /2012 4 CVA- 8OAttachment B EXHIBIT B GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those summarized in Part 523, Chapter I of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and culLural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth. 13 of 26 Revision .7 /12/2012 5 CVA —FxAl �ttachment B GTC 610 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7; Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). . 5. INDEMNIFICATION: This section is superseded by Article IV of Exhibit B to this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any marmer deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor raider this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the mininmm, if not exact, percentage of post consumer material as defined in the Public Revised 3125/2011 G "1 'C 610 - CVA Conkncts 14 of 26 Attachment B Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract. Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 1.2156(e), the certification required by tlus subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. NON - DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are :free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Govermnent Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. Revised 3/25/2011 GTC 6 10 - CVA Contracts 15 of 26 Attachment B 2) 'Public purchasing body" means the State or the subdivision or agency making a public purchase. Govennnent Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either tlu•ough judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor aclaiowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignnent orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded Revised 3/25/201 I CPC 010 - CVA Contracts 16 of 26 Attachment B by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBJ7 PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 clays of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such otlier time period as may be specified elsewhere in this Contract) certify in areport to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that- participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in. business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Revised 3/25/2011 GTC 610 • CVA Conlrnms 17 of 26 Attachment B DEPARTMENT OF BOATING AND WATERWAYS CLEAN VESSEL ACT GRANT APPLICATION Please provide the following information about your facility. The more complete and accurate the information, the stronger your application will be. Complete all sections and check all items that apply. ]Return completed application to: Department of Boating and Waterways, Attn: Kevin Atkinson, 2000 )evergreen Street, Sacramento, CA 95815. This application must be submitted and approved by the Department before you do any work or order any parts. 1. City of Newport Beach Name of Contact Derson: Shannon Levin Telephone No:( ) 949- 644 -3041 --Fax No:( ) 949- 723 -0589 2. Facility Name 3, Facility City of Newport Beach Harbor Resources Attn: Shannon Levin 829 Harbor Island Drive, Newport Beach 92660 4. Mailing Address (If Different): 5. Facility Ownership: Private Commercial Private Non- Profit X Public Agency Other: 6. Facility Owner: City of Newport Beach 7. Owner Address: Same as above. 8. Water body facility is located on: (name of harbor, river, etc.) Newport Harbor County: Orange 7/2006 (1) Attachmenfl`ff EXHI T "D" 9. Facility's NOAA chart coordinates: Please see attachment. Latitude: Longitude: 10. Type ofproject:(check all that apply) New Construction X Renovation Equipment Acquisition 11. Type of Facility: Marina Boatyard Yacht Club Other: (describe) Public Pumpout Station 12. Describe this facility: X Home Port X Destination X Stop -off for Tourists 13. Number of: 2000 Slips 1200 Moorings 2 Dry Docks 14. Number of boats by size: 20' to 251-11 11 26' to 39 -11" 40' to 64' -11 " over 65' 15. Estimate the average number of transient boats that use your facility each month: 50 -100 each station 16. Number of liveaboard vessels (residential boats): 20 17. Pumpout service now at this site: X YES NO How Many? 5 18. Dump Station now at this site: YES X NO How Many? (for vessel "Porta Potties ") 19. If yes to Questions 17 or 18, give NOAA coordinates for each pumpout /dump station, and check whether it is a pumpout (PO) or dumpstation (DS): See Attachment (l.) Latitude: (2.) Latitude: Longitude: Longitude: PO DS PO DS 20. If you have a pumpout or dump station, estimate the number of users per month: Pumpout Station: 1200 Dump Station: 21. Is this facility in a "No Discharge Zone "? X YES NO Name of Zone: Newport Harbor 22. What is the closest distance to another pumpout station near you? 1 miles 23. Restrooms available on -site: X YES NO Restrooms near Washington Street Public Pier and 19th Street Public Pier. 7/2006 (2) Attachme'4'6 i��;;Hl't;IT �►)� PROJECT PROFILE Please provide the following information on your proposed project. The more complete and accurate the information, the stronger your proposal will be. Complete all sections and check all items that apply. 1. Describe the proposed project: Please see AttachmentA 11 h. 5. 7/2006 Intended Location of Pumpout /Dump Station Equipment: Fuel Dock X Other Dock On Bulkhead Mobile Other (specify): City of Newport Beach- 3 Public Piers & 1 Public Marina How many hours per day are the pumpout facilities available to the public? 24 hrs /day Minimum water depth at proposed pumpout location. (average minimum depth during boat season): 10 Contents from boat holding tanks shall be discharged to: (X) a public wastewater collection system ft. ( ) a holding tank whereby sewage may be safely stored until it is taken in an authorized manner to an approved treatment facility. Submit documentation of a contract with a licensed hauler. ( ) directly to an on -site septic system. Submit documentation of approval from local health officials, stating that sufficient sewage disposal capacity is available for the pumpout facilities. Do you plan to charge for pumpout /dump station use? If yes to Question 6, how much will you charge? $ FREE (3) YES X NO Attachmenff6 EdOWOII d'Du PARTNERSHIPS Partnership with others such as local government, private sector, or other community based organizations are encouraged. List organizations who will be participating with you in the project; their contact people, addresses, phone numbers and their role in the project will assist reviewers in determining the extent of your partnership efforts. 7/2006 City of Newport Beach project. (4) AttachmAV9 E)LHOT "Dod ESTIMATED COSTS AND FUNDING A. ESTIMATED D COSTS 1. Cost of Pumpout /Dump Station 2. Installation Costs $ 3. Construction Costs $ 4. Engineering Costs $ 5. Permit Fees $ 6. Other Costs (Specify) 7. Total Project Costs $ 13,000 each 1,650 each 14,650 each x 5= $73,250 B. REQUIRE, D MATCH[: grant applicants most provide at least 25% of the installed costs of the pumpout /dump station facilities. This 25% match can be cash, the fair market value of any labor or materials provided, or a combination thereof. Local government agencies may be eligible for up to 100% of the project costs through additional state grant monies. Call Kevin Atkinson at 916- 263- 8149 for more information. 8. Cash Amount $ 9. Value of any labor or materials provided (attach detailed breakdown) 10. Other (Specify) $ 11. Total Match $ 12. Percent of Total Project Costs 3,662 each 3,662 each x 5= $18,310 25 % C. Attach copy of all bids and estimates for this proposal. Attachment B. 7/2006 (6) Attach en f�6 Attachment A Project Profile Department of Boating and Waterways Clean Vessel Grant Application The City of Newport Beach is desirous of improving the five vessel pumpout stations in Newport Harbor to meet the needs of boaters and to provide public access to these facilities. The five facilities are dye and vacuum tested three days a week during the offseason and five days a week during the boating season according to Santa Ana Regional Water Quality Control Board Order R8- 2005 -001. The stations are located throughout the Harbor and open to the public 24 hours a day. Due to the frequent use of the aging equipment the City continuously incurs repair and maintenance issues. Records indicate that the pumpouts are scheduled for replacement due to previous installation records: Fernando Street,1999; American Legion East, 1990's; Washington Street, 2003; Balboa Yacht Basin, 2005; and American Legion West, 2008. The City of Newport Beach wishes to maintain high water quality standards in Newport Harbor and improve the recreational boaters' ability to easily and properly discharge of vessel waste. By replacing the five numpouts with new equipment the City will eliminate the recurrent closure of the existing pumpouts due to perpetual maintenance issues and repairs. Total replacement will simplify any future replacement schedule. The City requests that the Department of Boating and Waterways award the Clean Vessel Act Grant for pumpout replacement reimbursement in the amount of $54,940.00, whereas the City will be responsible for $18,300. 23 of Attachment 9 0 ?.i 7. FJi 2(1:12 t1: s3 9495481616 KILBRIDE Attachment B (2pgs) MIKE K1tLBRIi!D)E,LTD. General Building & L-'ngineering Contractors License 735400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 545 -0106 o Fan. (949) 548 -1616 February 10, 2012 Shannon Levin Harbor Resources 0£c (949)644 -3041 Fax (949)723 -0589 Re: Pump -out Replacement Program Based upon working k-t).owledge of utility improvements, site visits and recent experience, we propose to: REPLACE PUMP-OUT STATION 1. Remove existing purop -out. 2, Repl.umb sewer on float to acoonarnodate modernized pr unp. 3. Rewire new pump as needed. 4. Install pump. OTHER CONSIDJERATIONS 5. Permit fees are presumed waived. AMOUNT OF PROPOSAL ................. ...........:..........$1,650.00 Submitted- Mike Kilbride Accepted � PAGE 01 EXHIBIT 00" i 24 of 26 Attachment B 02/10/2012 11:53 9495484616 KILBRIDE PAGE 02 Attachment B, con't'd February 10,201 MME, KILBRI DE, LTA). GeneralBuilding & Engineering Contractors License 738400 P.O. Box 3341 Newport Beach; CA 92659 -8341 (949) 548 -0106 a Fax (949) 548 -161' Sharmon Levin Harbor Resources Ofc (949)644 -3041 Fax (949)723 -0589 lte: Pump -out Replacement Shannon: The cost to the City of Newport Beach for a replacement purnp provided by EMP Industries, model # X400 which has a 40 gallon per minute capacity is: Base cost 510,150 -00 "Pump Watcher" Program (Required by State of Ca.) 2,300.00 Shipping 550.00 Total cost $13,000.00 Proposed by: Mike Ki$xide - Prasident EXHIBIT "D" 25 of 26 Attachment B N m O_ N m City of Newport Beach Attachment C City Operated Pumpout Stations