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Home My WebLink About2017-20 - Authorizing the City manager to accept a Grant from the State of California’s Department of Parks and Recreation’s Division of Boating and Waterways Through its Boating Infrastructure Grant Program for the Construction and Operation of the CentrRESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE STATE OF CALIFORNIA'S DEPARTMENT OF PARKS AND RECREATION'S DIVISION OF BOATING AND WATERWAYS THROUGH ITS BOATING INFRASTRUCTURE GRANT PROGRAM FOR THE CONSTRUCTION AND OPERATION OF THE CENTRAL AVENUE PUBLIC PIER AND APPROVING BUDGET AMENDMENT NO. 17BA-029 WHEREAS, the City of Newport Beach ("City") is desirous of preserving and promoting uses that contribute to the charm and character of Newport Harbor; WHEREAS, the City utilizes local, county, state, and federal funding to develop recreational access to Newport Harbor; WHEREAS, the State of California's Department of Parks and Recreation's Division of Boating and Waterways ("Division") is authorized to provide grants, through the Boating Infrastructure Grant ("BIG") program, to cities, marinas, or other agencies for the design and construction of transient boating facilities for recreational vessels; WHEREAS, the City submitted a grant application for funds through the BIG program to the Division seeking funds for the design and construction of the Central Avenue Public Pier; and WHEREAS, the Division reviewed and approved the City's grant application and authorized the award of Seventy -Five Thousand Five Hundred Sixty -Two Dollars and No Cents ($75,562.00) ("Grant Amount") to partially fund the City's design and construction of the Central Avenue Public Pier and Plaza Improvements ("Grant"), a copy of which is attached hereto. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby authorizes the City Manager to execute any and all agreements and documents necessary to allow the City to accept the Grant and effectuate the purposes for which the Grant was awarded. Section 2: The City Council hereby approves Budget Amendment No. 17BA- 029 to increase revenue estimates by the Grant Amount and appropriate the Grant Amount to account 10101-980000-17H12 for the Central Avenue Public Pier and Plaza Improvements. Resolution No. 2017-20 Page 2 of 2 Section 3: The City Council finds the adoption of this resolution 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. Section 4: The recitals provided in this resolution are true and correct and are hereby incorporated into the substantive portion of this resolution. Section 5: 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 28"' day of March, 2017. ATTEST: Vtin� No�— Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Exhibit A – Grant Exhibit B – Budget Amendment No. 17BA-029 mayor EXHIBIT A .1/' BOATING INFRASTRUCTURE GRANT CONSTRUCTION AND OPERATION GRANT AGREEMENT EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT Table of Contents ARTICLE 1. - DEFINITIONS.................................................................................................................... 3 ARTICLE 2. - GRANTEE'S WARRANTIES........................................................................................... 4 ARTICLE 3. - TERM OF AGREEMENT................................................................................................. 4 ARTICLE4. - GRANT............................................................................................................................... 4 ARTICLE 5. - PROJECT COMPLETION DATE................................................................................... 4 ARTICLE 6. - LAND CONTROL.............................................................................................................. 5 ARTICLE 7. - DESIGN AND CONSTRUCTION OF PROJECT......................................................... 5 ARTICLE 8. - OPERATION AND MAINTENANCE OF PROJECT .................................................... 8 ARTICLE 9. - DISBURSEMENT OF GRANT........................................................................................ 9 ARTICLE 10. - COST SHARING OR MATCHING (2 CFR 200.306) ...- ......................................... i1 ARTICLE 11. - PROJECT REPRESENTATIVES............................................................................... 12 ARTICLE 12. - LIABILITY AND FIRE INSURANCE..........................................................................13 ARTICLE 13. - INSTALLATION OF OTHER FACILITIES................................................................. 14 ARTICLE 14. -ASSIGNMENT, SALE OR TRANSFER..................................................................... 14 ARTICLE 15. - ADOPTION OF RULES AND REGULATIONS FOR CONCESSION AGREEMENTS............................................................................................................ 15 ARTICLE 16. - LIABILITY.......................................................................................................................15 ARTICLE 17. - IMPLEMENTATION OF PROJECT...........................................................................16 ARTICLE 18. - BREACH OF GRANT AGREEMENT........................................................................ 16 ARTICLE 19. - DISPUTE RESOLUTION............................................................................................. 17 ARTICLE 20. - SIGN REFERRING TO STATE AND FEDERAL FINANCING .............................. 17 ARTICLE 21. - DIRECTIONAL SIGNS.................................................................................................17 ARTICLE22. - STATUS REPORTS.....................................................................................................17 ARTICLE 23. - MEETINGS....................................................................................................................18 ARTICLE 24. - WAIVER OF RIGHTS.................................................................................................. 18 ARTICLE 25. - REMEDIES NOT EXCLUSIVE...................................................................................18 ARTICLE 26. -OPINIONS AND DETERMINATIONS ............................... -...................................... 18 ARTICLE 27. - SUCCESSORS AND ASSIGNS OBLIGATED......................................................... 18 1 REVISION 501:914e BIG Boating ftft n . Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE28. -AUDIT ............................................................................................................................. 19 ARTICLE 29. - ANTITRUST CLAIMS...................................................................................................19 ARTICLE 30. - PRIOR TERMINATION................................................................................................ 20 ARTICLE 31. - TERMINATION............................................................................................................. 20 ARTICLE 32. -WAIVERS ....................................................................................................................... 21 ARTICLE 33. - WAIVER OF THE STATUTE OF LIMITATIONS..................................................... 21 ARTICLE 34. - WAIVER OF RIGHTS.................................................................................................. 21 ARTICLE35. - NOTICES....................................................................................................................... 21 ARTICLE 36. - SUPERSEDING GENERAL TERMS AND CONDITIONS ..................................... 21 ARTICLE 37. - GRANTEE IDENTIFICATION NUMBER.................................................................. 22 ARTICLE 38. - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION .............. 22 ARTICLE 39. - NATIONAL LABOR RELATIONS BOARD CERTIFICATION ................................ 22 ARTICLE 40. - INCORPORATION OF NONDISCRIMINATION CLAUSE ..................................... 22 ARTICLE 41. - NONDISCRIMINATION CLAUSE.............................................................................. 22 ARTICLE 42. - OUTSIDE SERVICES (NON-EXCLUSIVITY).......................................................... 23 ARTICLE 43. - COMPLIANCE WITH FEDERAL REQUIREMENTS ............................................... 23 ARTICLE 44. - STATEMENT OF COMPLIANCE.. ............................................................................. 23 ARTICLE 45. - COMPLICANCE WITH LAW, REGULATION AND POLICY ................................. 24 ARTICLE 46. - BYRD ANTI -LOBBYING AMENDMENT (31.U.S.C. 1352) ....................................24 ARTICLE 47. - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308) ................. 24 ARTICLE 48. - MANDATORY DISCLOSURES.................................................................................. 25 ARTICLE 49. - PILOT PROGRAM FOR ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION .................... 25 ARTICLE 50. - EQUAL OPPORTUNITY CLAUSE............................................................................ 26 2 REVISION 561:J14a B'3 Soafirg I: `:.:: udra GB'd EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 1. - DEFINITIONS A. ALLOWABLE PROJECT COSTS means those permitting, planning, 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 Agreement nor any expenses incurred for ineligible activities unless otherwise noted in the Project Scope and Cost Estimate (Exhibit B). Such Project costs shall not include indirect or overhead charges claimed by the Grantee. B. DATE OF ACCEPTANCE means the date specified on the Project Completion Certification and which denotes the beginning of the twenty (20) year portion of the grant term in accordance with Article 3 of this exhibit. C. DEPARTMENT means the Department of Parks and Recreation, Division of Boating and Waterways (DBW). D. EFFECTIVE DATE means either the mutually agreed upon. Project start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where 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 the funds provided pursuant to U.S. Fish and Wildlife Service, Boating Infrastructure Grant Program, 50 CFR Part 86 Final Rules. F. GRANTEE means the person or entity identified as the Grantee on the face page of the Agreement. G. PROJECT means the Boating Infrastructure Grant proposal submitted by the Grantee to the Department and attached and made part of the Agreement as Exhibit B. H. PROJECT AREA means the area delineated in Exhibit B within which the Project will be undertaken. I. PROJECT COMPLETION CERTIFICATION means a fully executed Notice of Completion, or equivalent, which states the Grantee has accepted the Project as complete on a specific date (Date of Acceptance). 3 REVISION 501?014. b,C 13-- ng hfta cne Gr.- EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 2. - GRANTEE'S WARRANTIES Grantee warrants that the obligation created by this Agreement will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California. ARTICLE 3. - TERM OF AGREEMENT A. The term of this Agreement, subject to the provisions for prior termination, shall begin on the Effective Date of the Agreement and shall continue for twenty (20) years from the date that the Project is accepted by the Department. B. This Agreement may be extended, amended, or canceled upon written agreement of both the Department and the Grantee. ARTICLE 4. - GRANT A. The Department hereby grants up to (write out dollar amount of grant), ($ amount) to the Grantee for the construction/renovation of boating facilities for recreational boats 26 feet or more in length at (Name of Facility) in compliance with the regulations of the Boating Infrastructure Grant Program (50 CFR Part 86). B. The Grant provides for reimbursement for approved expenditures with Federal Funds [FED CATALOGUE 15.6221. C. This Grant is contingent upon approval of the Project by the State and the U.S. Fish and Wildlife Service. The Grantee shall satisfy all applicable state and federal laws, regulations, and authorities; including but not limited to the following federal authorities 50 CFR Part 86, 2 CFR 200. D. The Project work shall be in accordance with the approved Proposal for National Boating and Infrastructure Grant Program, designated as Exhibit B, which is made part of this Agreement. E. This Grant is subject to the terms and conditions in Exhibits A, B, and C of this Agreement. ARTICLE 5. - PROJECT COMPLETION DATE The Grantee shall complete the construction/renovation of the boating infrastructure facility as described in the Project Scope (Exhibit B) and hereinafter referred to as "Project" no later than March 1, 20XX. 4 REVISION 5012014a BIG Boating IMrastnan. a Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 6. - LAND CONTROL A. The Grantee shall retain ownership or control of all land within the Project area and shall not sell, exchange, transfer, mortgage, hypothecate, lease, assign or sublease in any manner all or any portion of the real property within the Project area, or required in connection therewith, without advance written approval of the Department. B. The Grantee warrants that there shall be no encumbrance, lien, easement, license, title, cloud, or other interest, which may interfere with the Project or use thereof by the public. Certification by the Department that the Grantee has satisfied the conditions precedent to disbursement of the Grant shall not affect this warranty. C. The Grantee shall ensure that the facilities will continue to serve their intended purposes throughout their useful life. Facilities constructed or improved with Federal Aid funds must continue to serve the purpose for which acquired or constructed by the Grantee. D. Failure to comply with the requirements of Sections A, B, or C above shall be a breach of Grant Agreement for which the Department and U.S. Fish and Wildlife Service may require repayment of the Grant. ARTICLE 7. - DESIGN AND CONSTRUCTION OF PROJECT A. All architectural and engineering contracts for plans and specifications shall require that the plans and specifications: Be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's certificate number to appear on construction contract design documents), 2. Be prepared in conformance with the most recent version of the Department of Boating and Waterways' Layout & Design Guidelines for Manna Berthing Facilities, when applicable, 3. Be submitted to the Department and Grantee in 11" X 17" hardcopy and on CD or DVD in full sized and 11° X 17" PDF format. Specifications shall also be submitted in hardcopy and in PDF format, 4. Become the property of the Grantee, 5. Provide for all Project facilities set forth in Exhibit B and B. The Grantee shall obtain from the Department advance written approval for the following: 1. All bid documents prior to advertisement including plans and specifications, REVISION 5012014e BIG Boating IMrasbudve Cn t EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT 2. All contracts prior to award, 3. All change orders of $5,000 or more, for any work performed under this Agreement, 4. All changes to Project schedule discussed in Subpart D of this Article, of thirty (30) days or more, and 5 Acceptance of the Project by the Grantee. C. All construction contracts for the Project shall: 1. Be awarded in accordance with all applicable laws and regulations, 2. Contain the following clause: "The Department of Parks and Recreation, Division of Boating and Waterways and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project area for purposes of inspecting the Project area." 3. Contain a clause stating that the Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including, but not limited to HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship, 4. Contain a clause that the construction 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, 5. Contain a clause that requires the contractors to ensure the structural integrity and safety of the Project, 6. Require that the Project be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed and compliance with specifications shall be verified, by qualified professionals selected by the Grantee or Grantee's representative, and 7. Shall contain the requirements of Article 12 Liability and Fire Insurance and Article 16 Liability of this Agreement. REVISION W1201" BIG BoaOn0 Infmmmawa Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT D. The Grantee shall, within sixty (60) days of approval of this Agreement, provide the Department with a Project schedule showing the proposed dates of the following Project phases or milestones: 1. Beginning and ending dates of Project design consultant selection by Grantee, 2. Submission of the consultant services agreement to the Department for approval, 3. Beginning and ending of Project design, 4. Submission of plans and specifications to the Department for approval at 30%, 60%, 90%, and 100% completion, 5. Beginning and ending dates of Grantee advertising of Project for bids, 6. Project bid opening date, 7. Submission of the construction Agreement to the Department for approval, 8. Beginning and ending dates of Project construction, 9. Acceptance of Project by the Grantee, and 10. Submission of a Project Completion Certification to the Department. E. Prior to the commencement of the construction of the Project, the Grantee shall cause the contractor and a corporate surety acceptable to the Department to furnish in favor of the Grantee and the Department, as their interests may appear, bonds or other security interests as allowed pursuant to PCC 10263 & 22300 in the minimum amounts indicated below and copies shall be furnished to the Department: 1. Faithful performance — one hundred percent (100%) of the total contract bid price. 2. Labor and materials — one hundred percent (100%) of the total contract bid price. F. The Grantee's personnel and construction of the Project shall be under the supervision of qualified inspectors. G. Inspection reports and related inspection data shall at all reasonable times be accessible to the Department personnel, and on request copies of such reports and data shall be provided to the Department by the Grantee. H. The Grantee shall provide at least quarterly written reporting to the Department as to the progress and status of the Project using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing. 7 REVISION 5012014. 2'G 80211N lnta*U&,r. Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 8. - OPERATION AND MAINTENANCE OF PROJECT A. The Grantee shall operate the Project and all other improvements placed in the Project area as a recreational transient boating facility. The Project area shall be open to all recreational vessels, including vessels powered by 2 -stroke and 4 -stroke gasoline engines, at all times except as approved by the Department. Notwithstanding Harbors and Navigation Code Section 660, any non -emergency restrictions related to time -of -day use, speed zones, special -use areas, or pollution control measures in the Project area, which results in closure or partial closure of the waterway to any recreational vessel shall be subject to prior approval by the Department. Failure to obtain prior approval of the Department for such restrictions shall constitute a breach of this Grant Agreement and subject the Grantee to the penalties set forth in Article 18 of this exhibit. B. The Grantee shall maintain and repair any and all buildings, structures or other improvements, which are or may, hereafter, be constructed in the Project area, and the Department, shall not be liable for any costs of such maintenance, management, control or operation. C. The Grantee shall allow reasonable access to the Project by all recreational vessels for the useful life of the facilities constructed with the Grant funds. The Grantee shall insure that the facilities are accessible to the public. "Accessible to the public" means located where the public can reasonably reach the facility; where boats typical to that facility can easily use it; where only reasonable fees, as defined in Section H of this Article, are charged; and that are open for reasonable periods as determined and approved by the Department. The Grantee shall allow public access to the shore and basic features such as fuel and restrooms in facilities that have them. The Grantee shall provide precise details of the public access to the Department for approval. Any work to construct or renovate tie-up facilities under the Grant must comply with the Americans with Disabilities Act. D. All facilities located within the Project area shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All contracts relating to the operation of the Project shall include a clause requiring adherence to all applicable state and federal nondiscrimination laws. E. The Grantee shall operate and maintain the Project and all improvements funded by this Grant Agreement in a manner that ensures a safe and useable condition of the Project at all times during the time of this Grant Agreement. The Department may make REVISION 501201" BIG Boating IMas Mre Grent EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT periodic inspections to determine if the facility is being operated and maintained accordingly. Failure to operate and maintain the facility in accordance with this section is a breach of this Grant Agreement and shall preclude the Grantee from receiving any future Grants and may subject the Grantee to other remedies available to the Department as described elsewhere in this Grant Agreement. The Department and its agents may, at any and all reasonable times during the term of this Grant Agreement, enter the Project for purposes of inspecting the Project. F. The Grantee that has entered into, or will enter into a concession agreement for operation of the Project shall require that the operation and maintenance of the facility by the concessionaire be continued with in accordance with all conditions of Article S of this exhibit, Sections A -H. G. All Department signs shall be kept permanently in place. H. The Grantee (or any lessee or concessionaire operating under the authority of the Grantee) may charge the users of the facilities provided with the Grant funds a reasonable fee, based on the prevailing rate in the area. The fees charged by the Grantee shall not pose an unreasonable competitive amount on the publicly or privately owned facilities in the area. The Grantee shall obtain written approval from the Department for all fee structures and any proposed future changes to the fee structures. The fees charged for use of the facilities shall be the same for all users. ARTICLE S. - DISBURSEMENT OF GRANT Conditions Precedent - The Department shall have no obligation to disburse money under this Grant unless and until the Grantee demonstrates to the satisfaction of the Department that the Grantee has satisfied all State and Federal grant requirements per Article 4 (C) of this exhibit and the Department has received written verification from the U.S. Fish and Wildlife Service that the Project has been approved. Conditions Precedent — The Department shall have no obligation to disburse money under this Grant unless and until the Grantee demonstrates to the satisfaction of the Department that the Grantee has title to, or adequate interests in, the real property comprising the Project area, including but not limited to the following: Land access to the Project area by a maintained way, REVISION 5012014 BIG Boating Irdreslnrcture Gram EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT 2. A right of passage over a waterway, open to the public, between the Project and navigable waters, and 3. Easements or other rights of way outside the Project area to provide utilities and services to the Project. The Department shall provide a Grant to the Grantee up to the maximum amount stated on the face page of the Agreement, however: No funds shall be disbursed for work performed prior to the Effective Date of this Agreement. The Department shall have no obligation to disburse any of the Grant to cover construction costs unless and until the Grantee demonstrates that it has acquired all permits necessary to construct and operate the Project. Grant disbursements to cover Project Costs shall be made in arrears as follows: A. Grantee shall request a Grant disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing. Paid invoices or other evidence of Grantee's payment of Project Costs must accompany Grant disbursement requests. When Grantees' staff completes work, Grantee shall submit signed time sheets showing the time worked on the Project, the date, and the work completed towards the Project during that time. Direct pay amounts, including benefits, for each installer must be provided. B. Grant disbursement requests shall be submitted in triplicate hardcopy to the Department in a form satisfactory to the Department. In the event no reimbursable expenses were incurred during a quarter, the Grantee shall report to the Department of any progress made on the Project, or explanation of no progress made on the Project, at least monthly. C. Grantee shall request final Grant disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Grantee. D. The Department may withhold any Grant disbursement if the Grantee fails to comply with any of the provisions of this Agreement. E. The Department shall retain Grant funds equal to ten percent (10%) of approved Project Costs until the Department has approved the acceptance of the Project. F. This Grant is valid and enforceable only if sufficient funds are made available to the State by the United States government for the fiscal years covered by the term of construction as limited by the completion date stated in Article 5 of this exhibit. In addition, this Grant is subject to any additional restrictions, limitations, or conditions 10 REVISION 5012014a BIO Boating Iffr. Wdm Gram EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT enacted by the Congress or any statute enacted by the Congress, which may affect the provisions, terms or funding of this Grant in any manner. It is mutually agreed the Department has the option to void or cancel the Grant if funds are not available with thirty (30) days advance written notice or to amend the Grant to reflect any reduction in funds. ARTICLE 10. - COST SHARING OR MATCHING (2 CFR 200.306) A. All shared costs, matching funds, and contributions, including cash and third party in- kind contributions, shall meet all of the following criteria: 1. Shall be clearly and specifically detailed in writing, and verified by Grantee, 2. Shall not be included as contributions for any other Federal award, 3. Shall be necessary and reasonable for accomplishment of Project or program objectives, 4. Shall be allowable under Section E of this Article, 5. Shall not be paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for that program may be applied to matching or cost sharing requirements of other Federal programs, 6. Shall be provided for in the approved budget when required by the Federal awarding agency, and 7. Shall conform to other provisions of this part, as applicable. B. Unrecovered indirect costs, including indirect costs on cost sharing or matching, may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the non -Federal entity's approved negotiated indirect cost rate. C. Volunteer services furnished by third -party professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved Project or program. Rates for third -party volunteer services must be consistent with those paid for similar work by the non -Federal entity. In those instances in which the required skills are not found in the non -Federal entity, rates must be consistent with those paid for similar 11 REVfSiON W12014a MG 6oaNna Inhastmcture Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT work in the labor market in which the non -Federal entity competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, necessary, allocable, and otherwise allowable may be included in the valuation. D. When a third -party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable and otherwise allowable, and indirect costs at either the third party organization's approved federally negotiated indirect cost rate or, a rate in accordance with §200.414. Indirect (F & A) costs, paragraph (d), provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. E. Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in the cost sharing or matching share must not exceed the fair market value of the property at the time of the donation. The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality. G. The value of loaned equipment must not exceed its fair rental value. For third -party in-kind contributions, the fair market value of goods and services must be documented and to the extent feasible supported by the same methods used internally by the non -Federal entity. 2. For Institutes of Higher Education, see also OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs. ARTICLE 11. - PROJECT REPRESENTATIVES The Grantee and the Department shall each designate in writing specific staff representatives forthe purposes of communication between parties. Grantee's representative shall be confirmed by delegation of authority, signed by the person designated by Resolution to sign the Agreement or any amendments, and to make decisions concerning the Agreement. 12 REVISION 12014a BIG Boating InfMe.. ctme Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 12. - LIABILITY AND FIRE INSURANCE A. The Grantee shall, at a minimum, maintain in full force and effect during the term of this Agreement the following insurance: Bodily Injury or Death: Property and Product Damage Fire insurance $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 aggregate 90% of the full insurable value of all insurable components of the Project B. All policy or policies shall contain the following endorsement: The State of California, its officers, agents, employees and servants are hereby declared to be additional insured under the terms of this policy, as to activities of both the Grantee and the Department in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to the Department. C. The Grantee agrees that all contracts between it and the contractor (or contractors) responsible for construction of the Project shall contain a clause which requires the contractor(s) to obtain insurance in the minimum amounts and kinds specified above in Subpart A. D. The insurance requirements specified above in Subpart A, may be satisfied to the extent that the Grantee can provide comparable protection for the Grantee and the Department by virtue of the Grantee's participation in any "risk management" plan, self insurance program, insurance pooling arrangement, or any combination of these, provided that the protection plan has been approved by the Department. E. The Grantee agrees that all contracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designer(s) to obtain Architect's Professional Liability (errors and omissions) Insurance in the amount of $1,000,000. F. Copies of any policy or policies, including any new or renewal policy, shall be in a form satisfactory to the Department. Copies of such policy or policies shall be submitted to the Department at least twenty (20) days prior to the Effective Date or dates thereof. 13 REVISION 5012014a BIG U.6.19 "Bas =Ire GM1t EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT G. Loss under any fire insurance policy shall be payable to the Department for deposit in an appropriate trust fund with the State of California. The proceeds may be paid to the Grantee upon the Grantee's application for the reconstruction of the destroyed facilities. H. The Department shall not be responsible for the payment of any premiums or assessments on Grantee's insurance policies. Grantee shall provide proof of insurance to the Department annually and upon written request by the Department. ARTICLE 13. - INSTALLATION OF OTHER FACILITIES A. The Grantee may at its own expense place or cause to be placed within the Project area any structure or structures, or make any alterations or improvements in addition to those set forth herein, and described in Exhibit B, provided that such facilities: 1. Are constructed, maintained and operated for the use, enjoyment, protection and service of the public, 2. Are in compliance with Article 8 of this exhibit, 3. Do not directly or indirectly reduce the service capacities for the boating public called for in Exhibit B, including the sanitary and parking facilities, and 4. Have the prior written approval of the Department. Approvals shall not be unreasonably withheld. B. The Department shall not be obligated to make or cause to be made any alterations, improvements or repairs to any facilities within the Project area in addition to the original construction of the Project as provided for herein. ARTICLE 14. - ASSIGNMENT, SALE OR TRANSFER A. No assignment, sale or transfer of this Agreement or any part hereof, rights hereunder, or interest herein by Grantee shall be valid 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, that the assignee, purchaser of transferee of the property assume, in writing, in such manner as shall be satisfactory to the Department, the obligations of this Agreement. Failure to comply with this provision shall constitute a 14 REVISION 501P014a 6'3 BeniN Inframctura Gr'nt EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT default and shall be grounds for Department to terminate this Agreement and seek all available legal remedies. ARTICLE 15. - ADOPTION OF RULES AND REGULATIONS FOR CONCESSION AGREEMENTS The Grantee agrees that such concession agreements as may be entered into, and such rules and regulations as may be promulgated by it for the use and enjoyment of the Project area and all facilities therein, shall conform to and be consistent with the rules, regulations, and policies promulgated by the Department and generally applicable to the Department small craft launching facilities Grant program; further, such concessions agreements shall have the written approval of the Department prior to award of a concession agreement by the Grantee. Also, such concessions agreements should be entered into only when the Grantee can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. If a long-term concession agreement is entered into, the Grantee shall include in the concession agreement a capital investment requirement for the concessionaire. ARTICLE 16. - LIABILITY A. The Grantee waives all claims and recourse against the Department including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this Agreement. B. The Grantee agrees to indemnify, defend and hold harmless, the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by Grantee in the performance of this Agreement or by any aspect of the Project during the term of this Agreement. C. The Grantee shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses 15 REVISION 5012014a BIG Boating W'.Mm bre 6<mt EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT and liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project. D. If the Department is named as a co-defendant, the Grantee 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 17. - IMPLEMENTATION OF PROJECT All contracts for the Project shall be awarded in accordance with all applicable laws and regulations. ARTICLE 18. - BREACH OF GRANT AGREEMENT The Department through written notice may require the Grantee to remedy (to Department's satisfaction) any breach of this Agreement within ninety (90) days of the date of such notice. The Department may extend the time permitting remedy of the breach if the Grantee begins such remedy within the said period; however, if the Grantee fails to proceed with or complete any remedial action within the time allowed, then the Department may take one or more of the following steps: A. The Department may take any and all reasonable and necessary actions to correct the breach. The Grantee shall be liable for all actual costs, including administrative costs, incurred in the course of correcting the breach. B. The Department may require the Grantee to repay the Department for all Project costs funded by the Grant. Grantee shall make such repayment within one -hundred and eighty (180) days of the date that written notice for repayment was sent to Grantee. Repayment shall be determined by the Department and the U.S. Fish and Wildlife Service on a prorated unexpired term basis (the remainder of the twenty (20) year term) as determined in Article 3 of this exhibit. C. In the event the Grantee has failed to obtain prior approval of the Department for any time -of -day, speed zones, special -use area, or pollution control measure which restricts the Project area, or results in its closure or partial closure, to any form of recreational vessel, the Department may determine the percentage of boaters affected and may require the Grantee to repay the Grant money on a prorated unexpired term basis for 16 REVISION W12014a 6:0 Boating InRea .Wr Grznl EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT that percentage of all Project costs covered by the Grant. The Grantee shall make such repayment within ninety (90) days of which written notice for repayment is made. Repayment shall be made according to a schedule determined by the Department after consultation with Grantee. ARTICLE 19. - DISPUTE RESOLUTION Any dispute arising under the terms of this Agreement, which is not disposed of within a reasonable period of time by the Grantee and Department representatives normally responsible for the administration of this Agreement, shall be brought to the attention of the Deputy Director of the Division of Boating and Waterways or the Deputy Director's designee. At the request of either party, the Department shall provide a forum for the discussion of the disputed matter(s). If agreement cannot be reached, either party may assert its other rights and remedies within this Agreement in a court of competent jurisdiction. ARTICLE 20. - SIGN REFERRING TO STATE AND FEDERAL FINANCING The Grantee shall cause a permanent sign to be installed within the Project area, which shall include a statement that the Project was financed by the Department under the Federal Aid in the Wildlife and Sport Fish Restoration Program. The sign may contain additional statements, which recognize the participation of other government agencies in the Project and shall include the Sport Fish Restoration Logo. The sign shall be installed before the Project is made available to the public. The location and make-up of the sign, including the dimensions, materials, language and lettering shall be approved by the Department. ARTICLE 21. - DIRECTIONAL SIGNS The Grantee shall at the direction of the Department cause permanent directional signs to be installed so as to provide adequate directions to the public for reaching the Project area. The locations and the make-up of the signs, including the dimensions, materials and lettering, shall be as approved by the Department. ARTICLE 22. - STATUS REPORTS A. Brief, monthly status reports shall be submitted by the Grantee describing work carried out during the previous month, and discussing progress toward the objective of the 17 REVISION 5012014a 810 BLAH INrastm-tve Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT Project. Discussion of any problems, delays or other difficulties encountered in the Project progress shall also be included in the status reports. B. Status reports shall be submitted by email or letter as closely as possible to the first working day of each calendar month. ARTICLE 23. - MEETINGS Upon the request of DBW, the Grantee shall participate in joint meetings with representatives of DBW to review the Project status. These meetings shall be held at the Grantee's premises or in Sacramento at DBW headquarters at the discretion of the DBW Project Representative. ARTICLE 24. -WAIVER OF RIGHTS Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter. ARTICLE 25. - REMEDIES NOT EXCLUSIVE The use by either the Department or the Grantee of any remedy specified in the Agreement for the enforcement of the Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE 26. - OPINIONS AND DETERMINATIONS Where the terms of this Agreement 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 27. - SUCCESSORS AND ASSIGNS OBLIGATED This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties to this Agreement. 18 REVISION W11'014, 01; U,a iN Ini two" .r EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 28. • AUDIT In addition to the audit requirements specified in other sections of this Agreement, Grantee understands and agrees that, as a recipient of Federal Funds, it must comply with all applicable audit requirements imposed by federal law, regulations or policy, including but not limited to the Single Audit Act and the reporting requirements set forth in OMB Circular A-135. ARTICLE 29. - ANTITRUST CLAIMS The Grantee by signing this Agreement hereby certifies that if these services or goods are obtained by means of competitive bid, the Grantee shall comply with the requirements of the Government Code 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, and 2. 'Public purchasing body" means the State or the subdivision or agency making a public purchase. (Government 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 through 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) 19 REVISION 5012014a BIG Boating InGas'vxtvra G:'+nt EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT 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. (Government Code Section 4554) ARTICLE 30. - PRIOR TERMINATION The Agreement shall terminate on the date specified in Article 5 of this exhibit if by such date (1) the Grantee has not met all conditions precedent to disbursement under this Agreement by such date, or (2) if the Department has disbursed no part of the Grant funds. ARTICLE 31. -TERMINATION A. TERMINATION FOR CONVENIENCE The Department may terminate this Agreement at any time 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 thirty (30) days, return by check payable to the Department all unexpended Grant funds not previously approved for expenditure by the Department. 2. Grantee may terminate this Agreement 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 Agreement, Grantee shall, within thirty (30) days of such termination, reimburse by check payable to the Department all funds contributed by the Department to the Project on a prorated basis as determined by the Department. B. TERMINATION FOR DEFAULT The Department may at any time upon ninety (90) days prior written notice of default, and, when applicable, after having afforded Grantee an opportunity to cure any breach pursuant to Article 18 of this exhibit, terminate this Agreement if the Grantee has failed to abide by any applicable provision of this Agreement. In such case, Grantee shall, within ninety (90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the Department to the Project. 20 REVISION 5012C'.4a 3IG swing Infers wm Greet EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 32. - WAIVERS No delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver of that right, power, or privilege, nor shall any written waiver on the part of any party of any right, power or privilege under this Agreement, nor any single or partial exercise of any right, power or privilege under this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. 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 33. -WAIVER OF THE STATUTE OF LIMITATIONS Grantee waives the benefit of any statute of limitations affecting its liability under this Agreement or the enforcement of this Agreement to the extent permitted by law. ARTICLE 34. — WAIVER OF RIGHTS Any waiver by either party hereto of its rights with respect to a default of any other matter arising in connection with the Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter. ARTICLE 35. - NOTICES Notices required between the parties shall be deemed to have been given when mailed to the respective addresses listed in this Agreement, first-class postage fully prepaid thereon, unless otherwise required by law. ARTICLE 36. - SUPERSEDING GENERAL TERMS AND CONDITIONS A. The reference to the Contractor in Exhibit C is the Grantee in this Agreement. B. Notwithstanding Section 13 in Exhibit C, payment to Grantee for expenses shall be limited as provided for in Article 9 of this exhibit. C. Section 5 in Exhibit C is replaced by Article 16 of this exhibit. 21 REVISION SM2014 Mft' hg IMrartratlate Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 37. -GRANTEE IDENTIFICATION NUMBER Each Grantee who enters into an Agreement with the State of California must provide their Federal Employee Identification Number (FEIN), or Social Security Number (SSN), whichever is applicable. ARTICLE 38. - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION Grantee shall comply with State and Federal Reportable Payment Identification and Classification Requirements by fully completing the "Vendor Data Record" Std. 204. By signing this Agreement, Grantee understands and agrees that if Grantee does not fully complete the "Vendor Data Record" the State shall reduce the total Grant amount by twenty-one percent (21%) for federal backup withholding, and seven percent (7%) for state income tax withholding. ARTICLE 39. - NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing this Agreement, the Grantee affirms under penalty of perjury, that no more than one (1) final, unappealable finding of contempt of court by a federal court has been issued against the Grantee or any of its contractors within the immediately preceding two year period because of Grantee's failure to comply with an order of a federal court which ordered the Grantee to comply with an order of the National Labor Relations Board. (California Public Contract Code §10296) ARTICLE 40. - INCORPORATION OF NONDISCRIMINATION CLAUSE The Grantee shall include the nondiscrimination clause and its compliance provisions into all contracts and subcontracts to perform work under this Agreement. ARTICLE 41. - NONDISCRIMINATION CLAUSE A. During the performance of this Agreement, the Grantee and all of its contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religion, national origin, physical handicap, disability (including but not limited to HIV and AIDS), cancer related medical condition, age, or marital status. Grantee and all of its contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employees and 22 REVISION 50120148 BIG Boating Vfte uaun3 Gr EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT applicants for employment are free from such discrimination and harassment. B. Grantee and all of its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code §12900, et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code §12990 (a -f) set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by reference, and made a part hereof as if set forth in full. Grantee and all of its contractors and subcontractors shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining or other Agreement. ARTICLE 42. - OUTSIDE SERVICES (NON -EXCLUSIVITY) DBW shall, at its sole discretion, have the right to obtain services relating to the subject and objectives of this Agreement outside the terms of this Agreement. ARTICLE 43. - COMPLIANCE WITH FEDERAL REQUIREMENTS Grantee shall comply with all applicable Federal laws, regulations, and policies, including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth. ARTICLE 44. - STATEMENT OF COMPLIANCE By signing this Agreement, the Grantee certifies under penalty of perjury under the laws of the State of California, unless specifically exempted, that it has complied with California Government Code §12990 and the California Code of Regulations, Title 2, Division 4, Chapter 5, in matters relating to the development, implementation, and maintenance of a nondiscrimination program. 23 REVISION 5012014a BIG 8-611 InfraSbu .Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 45. - COMPLICANCE WITH LAW, REGULATION AND POLICY Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50 CFR 86), Equal Opportunity (41 CFR 60-1.4(b)), Copeland "Anti-Kickback"Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401-7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti -Lobbying amendment (31 U.S.C. 1352). Updated regulations are available at the U.S. Fish and Wildlife website http://www.fws.gov/grants/atc, html. ARTICLE 46. - BYRD ANTI -LOBBYING AMENDMENT (31.U.S.C. 1352) Contractors that apply or bid for an award exceeding $100.000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. ARTICLE 47. - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308) A. The approved budget for the Federal award summarizes the financial aspects of the Project or program as approved during the Federal Award process. It may include either the Federal and non -Federal share (see §200.43 Federal share) or only the Federal share, depending upon Federal awarding agency requirements. It must be related to performance for program evaluation purposes whenever appropriate. B. Recipients are required to report deviations from budget or Project Scope or objective, and request prior approvals from Federal awarding agencies for budget and program plan revisions, in accordance with this section. C. Grantees must request prior written approval from DBW for any of the following deviations of the proposed workplan; as described in attached Exhibit B. 24 REVISION 6012014a BIG Boating Infrastructure Gmd EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT 1. Change in the scope or the objective of the Project (even if there is no associated budget revision requiring prior written approval). 2. Change in a key person specked in the application. 3. The disengagement from the Project for more than three months, or a 25 percent (25%) reduction in time devoted to the Project. 4. The transfer of funds budgeted for tasks defined in the workplan budget. 5. Changes in the approved cost-sharing or matching provided by the Grantee. 6. Need arises for additional funds to complete the Project. ARTICLE 48. - MANDATORY DISCLOSURES The non -Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321). ARTICLE 49. - PILOT PROGRAM FOR ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION A. This award and related subawards and contracts over the simplified acquisition threshold and all employees working on this award and related subawards and contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal year 2013 (P.L. 112-239). B. Recipients, and their subrecipients and contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The recipient shall insert this clause, including this paragraph, in all subawards and contracts over the simplified acquisition threshold related to this award. 25 REVISION 5012014a BIG Boating Inrw,.uc .C,,,m EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT ARTICLE 50. - EQUAL OPPORTUNITY CLAUSE Federally assisted construction Grants. The applicant(Grantee) hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a Grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such Grant, contract, loan, insurance, or guarantee, the following equal opportunity clauses: The Grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Granting officer setting forth the provisions of this nondiscrimination clause. 2. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency Granting officer, advising the labor union or workers' representative of the Grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 26 REVISIONWI1 W4a FlGeoa,.."I rfir+cfnMure G"t EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT 4. The Grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Grantee's non-compliance with the nondiscrimination clauses of this Grant or with any of such rules, regulations, or orders, this Grant may be canceled, terminated or suspended in whole or in part and the Grantee may be declared ineligible for further Government Grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Grantee will include the provisions of paragraphs (1) through (7) in every contract, subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor, subcontractor or vendor. The Grantee will take such action with respect to any contract, subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. A. The applicant (Grantee) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant (Grantee) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does 27 REVISION 50IM14a BIG Boabng InBaswv Grant EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT not participate in work on or under the Grant. B. The applicant (grantee) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency (Department) in the discharge of the agency's primary responsibility for securing . compliance. C. The applicant (Grantee) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Section D of the Executive order. In addition, the applicant (Grantee) agrees that if it fails or refuses to comply with these undertakings, the administering agency (Department) may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant (Grantee) under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant (Grantee); and refer the case to the Department of Justice for appropriate legal proceedings. Subcontracts. Each of Grantee's nonexempt prime contractors or subcontractors shall include the equal opportunity clause in each of its nonexempt subcontracts. A. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. 28 REVISION 501_014 8;G Boviing Ir,hes(mdun: Graaf EXHIBIT A BOATING INFRASTRUCTURE GRANT (BIG) CONSTRUCTION AND OPERATION GRANT AGREEMENT B. Other Incorporation. The equal opportunity clause shall be considered to be a part of every one of Grantee's contracts and subcontracts and all such contracts and subcontracts shall be deemed to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. Adaptation of language. Such necessary changes in language may be made in the equal 29 R[VISION 5012014a ,f. 1. Aw cram Boating Infrastructure Grant Program Tier 1 Application for Central Avenue Public Dock Newport Beach, California Applicant: City of Newport Beach August 18, 2015 OMB Number: 4040-0004 Expiration Date: 8/31/2D16 Application for Federal Assistance SF -424 ' 1. Type of Submission: ❑ Preapplication ® Application Changed/Corrected Application ' 2. Type of Application: `If Revision, select appropriate letter(s): ® New Continuation ^ Other (Specify): Revision ^ 3. Date Received: 4. Applicant Identifier: 08/18/20''-5 5a. Federal Entity Identifier: Sb. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: 'a. Legal Name: city of Newport Beach `b. EmployerfTaxpayer Identification Number (EIN/TIN): c. Organizalional DUNS: 95-6000751 d. Address: 'Streett: 829 Harbor Island Dr. Street2: `CRY: Newport Beach County/Parish: `State: CA: Ca'ifornia Province 'Country: USA: UNITED STATES ' Zip / Postal Code: 92660-7229 e. Organizational Unit: Department Name: Division Name: Harbor Resources I. Name and contact Information of person to be contacted on matters Involving this application: Prefix: Nrr. 'First Name: Chris Middle Name: •Last Name: Miller Suffix: I Title: lHarbor Manager Organizational Affiliation: City of Newport Beach 'Telephone Number. (949) 644-3043 Fax Number `Email: CMiller@newportbeachca.gov Application for Federal Assistance SF -424 • 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: • Other (specify): ` 10. Name of Federal Agency: U.S. Fish and Wildlife Service 11. Catalog of Federal Domestic Assistance Number: 15.622 CFDA Title: 12. Funding Opportunity Number: F15A5002S1 • Title: U.S. Fish and Wildlife Service Wildlife and Sport Fish Restoration Program Boating Infrastructure Grant Program Tier 1 - State 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc,): ` 15. Descriptive Title of Applicant's Project: Construct public tie-up facility adjacent to Lido Yarira Village within Lower Newport Bay. Attach supporting documents as specified in agency Instructions. Application for Federal Assistance SF-424 16. Congressional Districts Of: `a. Applicant 90 'b. Program/Project Se Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment 17. Proposed Project: ' a. Start Date: 09/19/2015 ' b. End Date: 11/27/2015 18. Estimated Funding ($): 'a. Federal ' b. Applicant ' c State ' d. Local `e. Other `f. Program Income 'g.TOTAL 75, 562.00 312, 938.00 0.00 388,000.00 ' 19. Is Application Subject to Review By State Under Executive Order 12372 Process ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. 7 c. Program is not covered by E.O.12372. ' 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes;' provide explanation In attachment.) ❑ Yes ® No If "Yes", provide explanation and attach .ii::. 21. `By signing this application, I certify (1) to the statements contained in the list of certifications*` and (2) that the statements herein are true, complete and accurate to the best of my knowledge. 1 also provide the required assurances— and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® "I AGREE " The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific Instructions. Authorized Representative: Prefix: itils. `First Name: Kim Middle Name: 'Last Name: Garvey Suffix: "Title: Coastal Engineer/Scientist ' Telephone Number: 562-926-9551 Fax Number. 562-929-7989 'Email: kgarvey@moffattnichol.com `Signature of Authorized Representative: ' Date signed: �� I = 0114= Boating Infrastructure Grant Program Tier 1 Applicationj \4dna Project Statement This grant application is for a new public dock adjacent to Lido Marina Village in Lower Newport Harbor (City of Newport Beach). Lido Marina Village consists of restaurants, retail stores, and offices, set in a pedestrian -friendly area, as well as an adjacent 47 -slip marina. Lido Marina Village, including the marina itself, is planned for a major renovation (not part of this grant application). Need Currently, there is no waterside public access to Lido Marina Village nor, in general, this popular destination area of Newport Harbor. The existing public piers (public docks) at other areas of Newport Harbor are shown in Exhibit 5. Purpose The proposed project is to construct a new public dock for the Lido Marina Village area and thus provide the necessary waterside public access currently lacking in the area. Additionally, the project supports the City's Coastal Land Use Plan, (an element of the City's Local Coastal Program), in which enhancement, establishment, and preservation of public accessways is an important component. Obiectives The project objective is to provide a publically-accessible tie-up facility for visiting boats of various sizes. The dock would allow for transient vessel tie-up for up to a 15 -day visit. Expected Results/Benefits Newport Harbor has a well-established history of being a popular visitor destination for boaters and non -boaters alike. For visiting/transient boaters, the harbor offers 75-100 offshore moorings and many guest slips throughout the harbor. Based on the popularity of other public piers/docks within the harbor and the planned Lido Marina Village renovation, it is expected that the Central Avenue public dock will be a popular visiting/transient vessel destination. Approach The new Central Avenue public dock is part of an overall larger development, the Lido Marina Village renovation. This overall development is being led by a private entity, DJM Capital Partners (DJM), and involves replacement of existing docks near the Central Avenue public dock site as shown in Exhibit 4. The design, environmental reviews (CEQA/NEPA) and entitlements (regulatory permits) for the Central Avenue Public Dock are being done by DJM and their consultants as part of the overall Lido Marina Village project. The City of Newport Beach is responsible for funding the F11 Boating Infrastructure Grant Program Tier 1 Application construction and for future operations and maintenance of the public dock. The City's funding for construction of the public dock is the subject of this grant application. The public dock design is for a 10 ft X 96 ft dock and 80 ft ADA -compliant gangway adjacent to an existing bulkhead wall and parking lot. There are currently no docks or other water -side facilities at the site (see site photos shown in Exhibit 3). Lights are also to be provided. The 96 -feet long dock will allow for tie-up of up to four transient 26 -feet - long (or more) vessels at any given time. Public pumpout services are available at the adjacent Lido Marina Village and at several other locations within the harbor as shown in Exhibit 5. The City's contact (project officer) for this project and grant application is: Chris Miller Harbor Resources Manager City of Newport Beach Harbor Resources Division 829 Harbor Island Dr. Newport Beach, CA 92660 (949)644-3043 C M i l le r(cD n ewpo rtbe ach ca. g ov The City Manager, via approval from the City Council, has the signature authority for committing the City (grantee) to a course of action. In addition, the City of Newport Beach has engaged Moffatt & Nichol for this grant application (contact is Kim Garvey at 562-426-9551 and kaarveyCcDmoffattnichol.com). Anchor QEA, under contract to DJM Capital Partners, is responsible for the design and entitlements of the public dock, as well as the renovations to the existing marina. Over the useful life of the public dock, the City will ensure the facility continues to achieve its authorized purpose through the use of signage (to post the use of the dock for transient vessels) and periodic monitoring by City staff. Design and entitlement efforts for the Central Avenue Public Dock, as well as the overall Lido Marina Village, are ongoing. Construction of the public dock would likely occur in fall of 2016. Construction of the Lido Marina Village renovations could begin as early as spring of 2016. Relationship with Other Grants The City and DJM Capital Partners are not dependent upon any other federal (or State) grants for this project. Responses to Criteria for Project Funding Each of the criteria from the California State Parks BIG webpage is addressed below. Boating infrastructure Grant Program Tier 1 Application Construct and renovate tie-up facilities for transient recreational boats 26 feet or more in length. • The proposed project is to construct a new public dock with tie-up capability for up to four transient boats 26 feet or longer at any given time. 2. Provide for public/private and public/public partnership efforts to develop, renovate, and maintain tie-up facilities. • The project involves a public/private partnership in two ways: a) the design and entitlement work for the public dock is being paid entirely by a private partner (DJM Capital Partners), and b) the renovation of the larger area (Lidc Marina Village) by a private partner significantly enhances the benefits to the users of the public dock. 3. Use innovative techniques to increase the availability of tie-up facilities for transient vessels 26 feet or more in length (includes educationlinformation). • The City of Newport Beach Harbor Resources website (htp://www.newportbeachca.qov/government/dei)artments/public- works/harbor-resources/moorings-live-aboards-guest-slips and http://www newportbeachca qov/government/departments/public works/harbor-resources/general-information) provides maps/ information on all facilities available for visiting/transient vessels. The proposed Central Avenue Public Dock will provide additional capability and thus increase the availability of tie-up facilities within Newport Harbor. If the Central Avenue Public Dock is not available for tie-up at a given time, there are many other visiting vessel tie-up facilities in the harbor. 4. Include private, local, or other State funds in addition to the non -Federal match described in Section 86.42. As stated previously, the project includes private (DJM Capital Partners) funding in addition to the City's non -Federal match contribution. The private contribution to the public dock is estimated to be on the order of $50,000. In addition, the private capital investment for the overall Lido Marina Village renovation is likely in the millions of dollars. 5. Are cost efficient. (Proposals are cost efficient when the tie-up facility or access site's features add high value compared with the funds from the proposal.) • This project is cost efficient in two ways: a) there are significant cost savings by the synergistic design, entitlement and construction of the public dock as part of the overall Lido Marina Village renovation; if the City was to complete this project independent of the overall Lido Marina Village project, the City's cost would be significantly more for design, entitlement, construction mobilization, etc. and b) the City's public dock is able to take advantage of the high value added via the Lido Marina Village renovation. Boating Infrastructure Grant Program Tier I Application 6. Provide a significant link to prominent destination way points such as those near metropolitan population centers, cultural or natural areas, or that provide safe harbors from storms. • The Central Avenue Public Dock is located within a major metropolitan population center and in a location which provides safe harbor from storms. In addition, Newport Harbor is home to: a) natural areas such as the Upper Newport Bay coastal wetlands and Back Bay Loop trail; b) cultural activities such as the annual Shakespeare by the Sea festivals, Concerts in the Parks, and revolving art and cultural exhibitions at the City's Central Library and Civic Center; recreational opportunities such as the adjacent Lido Marina Village, beaches, waterways, and parks. Many of the destination way points in the Newport Harbor area are shown in Exhibits 6 and 7. The Central Avenue Public Dock will provide the boating public increased accessibility to these destination way points. Tourism is an integral part of commerce in the city. The mild climate and beautiful beaches draw millions of visitors to Newport Beach each year. With an abundance of water activities to offer, the City's waters are home to one of the largest pleasure -boat harbors in the world. Additional visitor information can be found at this link: hftp://www,newportbeach.com/visitor-information-publication/ 7. Provide access to recreational, historic, cultural, natural or scenic opportunities of local, regional or national significance. • The Central Avenue Public Dock will provide access to a wide variety of opportunities/activities of regional and national significance: recreational (e.g. start of Newport to Ensenada International Yacht Race, Orange County marathon), historic (e.g. Newport Harbor Nautical Museum), cultural (e.g. Newport Beach International Film Festival, Shakespeare by the Sea festivals) and natural/scenic (e.g. Upper Newport Nature Preserve and Back Bay Science Center). 8. Provide significant positive economic impacts to a community. • The Central Avenue Public Dock will enhance the economy of the local community by bringing in additional people who will spend money at the local restaurants and shops. 9. Include multi -state efforts that result in coordinating location of tie-up facilities. 0 This project does not involve any multi -state efforts. Boating Infrastructure Grant Progron, Tier 1 Application Budget Information Form (Similar to SF 424C Form) The table below provides a breakdown of the project budget, in compliance with SF 424C. Cost Classification Allowable a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs 1. Administrative & legal expenses $0 $0 $0 2. Land, structures, right-of-ways, appraisals, etc. $0 $0 $0 3. Relocation expenses & payments $0 $0 $0 4. Architectural and engineering fees a. Grant Application Support 100% $5,000 $0 $5,000 5. Other architectural & engineering fees $0 $0 $0 6. Project Inspection Fees $0 $0 $0 7. Site Work $0 $0 $0 8. Demolition & Removal $0 $0 $0 9. Construction 25% * $383,000 $287,250 $95,750 10. Equipment $0 $0 $0 11. Miscellaneous $0 $0 $0- 12. SUBTOTAL $388,000 $287,250 $100,750 13. Contingencies $0 $0 $0 14. SUBTOTAL $388,000 $287,250 $100,750 15. Project (program) income $0 $0 $0 16. TOTAL PROJECT COSTS 388,0001 $287,250 $100,750 17.Federal Assistance Requested 75% of Total Allowable Cost (or $200,000 max) $75,562 Proration amount based on method/assumptions described in the following section. Further information on this budget is provided in the following section. 19 /�4W rUaT Boating Infrastructure Grant Program `. g Tier 1 Application Budget Narrative The construction budget provided on the previous page was developed by Anchor QEA, who is the engineering consultant to DJM Capital Partners. The construction budget includes purchase and installation of the piles, dock, gangway, railings, and utilities. Match and Other Partner Contributions The new Central Avenue public dock is part of an overall larger development, the Lido Marina Village renovation. This overall development is being led by a private entity, DJM Capital Partners (DJM), in partnership with the City of Newport Beach, and involves replacement of docks near the new/proposed public dock as shown in Exhibit 4. DJM has agreed to fund the design and entitlement of the Central Avenue public dock while the City is responsible for funding the construction and for future operations and maintenance of the public dock. The City's funding for construction of the public dock is the subject of this grant application. The City of Newport Beach is committed to providing the non -Federal match for the public dock construction work — a total of $25,188 (25% of the BIG Tier 1 total allowable cost). In addition, the City is committed to providing the $287,250 of non -allowable costs. The DJM contribution for the design and entitlement not included in this grant request) is estimated to be on the order of $50,000. Contingency Costs Not applicable. Proration The Central Avenue public dock is a publicly -accessible facility for transient and day use by recreational boats. For this grant application, per our understanding based on discussions with California State Parks staff, we are distinguishing between transient and day use recreational vessels as follows: • "day use" — boats which are from the local vicinity, i.e. boats coming from other marinas/moorings within Newport Harbor. • "transient" — boats which are not from the local vicinity, i.e. boats which come from outside of Newport Harbor. The use pattern of the City's offshore moorings within Newport Harbor is an indicator as to the % of boats within Newport Harbor, and thus the boats using the Central Avenue Public Dock, which are likely to be transient. The City of Newport Beach maintains approximately 800 offshore moorings. Of these, there are approximately 75 moorings available for rent by overnight transient vessels during the summer and 125 moorings available during the winter (average of 100 moorings for rent over a year period). Boating Infrastructure Grant Program Tier 1 Application These transient boats would be coming from outside the harbor, i.e. via the ocean and thus would be ocean-going vessels which are at least 26 feet long. Assuming a transient vessel stay ranging from one week to one month, this translates to a potential of 12 to 52 transient vessels at any given mooring per year. For all 100 rental moorings, this translates to a potential of 1,200 to 5,200 transient vessels per year. This compares to approximately 9,000 "local' boats berthed within Lower Newport Bay. Using these numbers, the calculations indicate that transient vessels could be 12 to 37% of all boats within Newport Harbor. For the purposes of this grant application, using the approximate mid -point of this range, it is assumed that 25% of the boats using the Central Avenue Public Dock will be transient vessels of at least 26 feet in length. Another way of looking at this is that, at any given time, one of four boats using the public dock will be a transient vessel of at least 26 feet in length. Allowable costs for this application are as follows: • The percent allowable for construction costs (Budget Item No. 9) is determined by the percentage of transient dockage at the public dock or 25%. • Grant support under architectural and engineering fees (Budget Item No. 4a) is 100% eligible as these fees correlate with this grant application. Program Income The Central Avenue Public Dock will be free to the public and thus no fees will be collected or program income generated for transient boats during (or after) the grant period. Equipment Not applicable — this grant application is for construction of the new public dock only. Useful Life Useful life is defined as the period of time between installation and replacement of the infrastructure as required and does not preclude regular maintenance during this period. Two types of floating dock systems are being considered — timber and concrete. Industry standard serviceable life is 20+ years for timber — evident by the condition of existing 20+ year docks within Newport Harbor — and 30+ years for concrete. Required Indirect Cost Statement Assumed to be provided by the State. 10 SFW �M1;k r b B ,atinc 'nj rastr rcture C: ant Pr,)cram Tier 1 ,.. )!icotcr; , Negotiated Indirect Cost Rate Agreement Assumed to be provided by the State. Single Audit Reporting Statement Assumed to be provided by the State. SF 424D Assurances Form Assumed to be provided by the State. SF LLL Disclosure of Lobbying Activities Form Not applicable / not required Conflict of Interest Statement Not applicable / not required Geographic Location / Drawings / Maps / Photographs Attached as separate PDF file. 11 A 0 J �'a ' �i1�g9e ra ti A � h A a • s'= \ I a rn - y U < v j m c Y 1 .N 0 c N 1 i I W � N � X 0 0 a EL 0.0 W O � d I i ' w a - L 01ZL- Q • s'= \ I a rn T < v j m c Y 0 c i � N � X W 0 c � X W Al > r S` aiF� Q Y �V D D ° Y T u U2 x03 D � � D •: � S j� 7( � ap� O fit i Ie �r • . o, e.tl P^say : n bE � o.. •F�aVW � 4 � � �. • °'zw w', F'I Z/ € jl W '. V.aD MIA ♦ °b SS _ g °es *D� jjS_a as °1a y� V}f t, • �G .y 9�r � e i" _� D+,Noery Oa� t :e � ,�y f7 `5 ©ZdMoip!`y'� ©d a♦aaq r aD a4L n O� i t' l # It °$ NZ j� 3 ^� Aq �sr ( .• { �� `.�'�' g _ 22 F5D r i5 •i p o it e is It ! fli Fltj- if 6 3 J • � 5 6 U O i a c a x LU y7 1 r wt U �3 Complete Cruising Guide to Newport Harbor Second Edition' Publishers City of Newport Beach Newport Beach Harbor Commission Editor & Project Manager Doug West DouglasMWest@mac.com Editorial Advisors Ralph Rodheim Chris Miller Chip Donnelly Photography Longpre Photos Irene E. Ziebarth Newport Beach Police Dept. Newport Beach Conference & Visitors Bureau Orange County Sheriff's Dept. Marine Operations Bureau Sergeant John Hollenbeck Deputy Josh Baugh Deputy William Nelson Updates and suggestions for future editions are solicited and welcome. City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 949.644.3034 HarborResources@newportbeachca.gov www.newportbeachca.gov/harborguide * Published March 2012 Welcome from the Mayor �,iwPpRr � I o �m > C"9</pogN�P Dear Newport Harbor Visitors, On behalf of the City of Newport ti Beach, welcome to our harbor. I am pleased to present this Cruising Guide as one of our efforts to help you enjoy a safe and memorable visit. This Guide with its many links to the web gives it you the local knowledge you'll need from the moment you arrive in Newport Harbor, including mooring, anchorage and docking as well as marine services, dining and local attractions when you come ashore. As the homeport of more than io,000 recreational vessels, Newport Harbor is among the largest yacht harbors in the United States. The energy of year-round sailing and boating engages people of all ages and brings a special vitality to our beautiful city by the sea. Newport Harbor has it all — surrey topped electric boats, fishing boats striking out for Catalina, kids in their Sabots, summer beer can races, yachts of the rich & famous, boats of the not so rich or famous, rowing teams, Transpac competitors, international yacht races —just lots and lots of people messing about in boats. Each year we welcome thousands of visiting boaters from up and down the California coast as well as blue water cruisers from around the world. We're glad you have chosen Newport Harbor as your destination for a day, a weekend or an even longer stay. During your visit please do your part in helping us in everything we doto keep Newport both a safe harbor and a "green" harbor. Nancy Gardner Mayor, City of Newport Beach Greetings from the Harbormaster It's my pleasure to welcome all visiting boaters to Newport Harbor. The men and women of the Orange Coun- ty Sheriff's Department are committed to their mission of providing a safe environ- ment to residents and visitors alike. It is in this spirit that the deputies assigned to Newport Harbor work every day to protect and serve all that use this fine harbor and inshore coastal waters. Should you en- counter any type of emergency while you are here, you may telephone gii or hail Newport Harbor Patrol on VHF Channel 16 anytime, day or night. Harbor Patrol Headquarters is located to starboard just as the en- trance broadens into the main channel, immediately north of the U.S. Coast Guard Station. Visitors seeking public mooring rentals orthe use of one of our five yo foot public docks are requested to come to ourvis- itors dock to make those arrangements with our staff. Payment can be made by cash, check, or credit card. Those seeking accommodations with private marinas and reciprocating yacht clubs should make those inquiries directly using the contact information in this guide. We also have an Anchorage that is free to use for up to five days in any thirty day period. We ask that you check in with us prior so we can provide you with the rules and regulations associated with its use. The Environmental Protection Agency has designated Newport Har- bor as a No Discharge Harbor. Accordingly, vessels with sanitation devices connected to a thru-hull fitting must have a shut-off valve in place to prevent overboard discharge. Mariners who rent moorings and/or slips from us will be required to submit to a dye -tab inspection as a condition of rental, and boaters utilizing our anchorage may be asked to submit to one as well. Ten holding tank pump -out stations are located throughout the harbor as shown in this guide. Two mobile pump -out services are also available. Finally, in the interest of everyone's safety, please be certain to ob- serve our harbor's No Wake rule and 5 mph maximum speed limit throughout the entire harbor. If you require further information or non -emergency assistance please feel free to contact our office at 949.723-1002.We are glad to be of service and, again, welcome to Newport Harbor. Lt. Tom Slayton Harbormaster 1]2 Harbor Overview As the entrance channel broadens into the harbor, the main harbor channel makes a dogleg to port at the Corona Del Mar Bend with the U.S. Coast Guard station and Harbor Patrol headquarters immediately to starboard. The main channel runs the length of the harbor, down the inside of the Balboa Peninsula and among the seven harbor islands that make up several residential communities and villages of Newport Beach, the largest being Balboa Island and Lido Isle. Minimum depth within the center half of the entrance channel is approximately zo feet; controlling depth on the outside of the channel is approximately 8 feet. Depths in the main channel are generally good, but some spots along Lido Isle are as little as 9 feet. Boats drawing more than 6 feet should pay special attention to the tide and watch depths continuously when not in the main channel. As you proceed down the main channel with Balboa Island to starboard and Balboa Peninsula to port, watch for the Balboa car ferry crossing between the island and the peninsula. During busy times there are as many as three ferries in operation across this short but well traveled route. As the main channel continues beyond Balboa Island, the harbor opens up into a large bay with Lido Isle now just ahead to port and the entrance to the Back Bayto starboard via the channel running under the Coast Highway bridge, the boundary of the lower and upper (Back Bay) portions of the harbor. The Back Bay is a world apart, as explained in the next section. The main channel continues along the Lido Isle Reach with the Coast Highway Mariners Mile commercial area to starboard. The channel terminates in another broad bay orturning basin, at the west end of Lido Isle. Hard to port in the turning basin is the Lido Isle bridge, which joinsthe island (entirely residential) and Lido's commercial center, Lido Village. Along the backside of Lido between the island and the Balboa peninsula lie several mooring fields and the entrance to Rhine Channel with its access to Cannery Village, Lido Village and Lido Peninsula. The chart presents a good overview of the harbor and its services. But because the lower portion of Newport Harbor itself is more than 3 miles in length and extends well beyond into the Back Bay, it's useful to think of the harbor in sections. This Guide describes those sections. Corona Del Mar, Balboa Island, the reach of Balboa Peninsula, and the Back Bay are one section. Lido Isle, Mariners' Mile and upper Balboa Peninsula is the other. The following sections of this Guide group the harbor areas in this way, with greater detail of services, dining, entertainment and other attractions ashore. The Back Bay Most of Upper Newport Bay ("Back Bay") is maintained as a nature preserve and ecological reserve. Except for the Newport Dunes Resort and Marina, just inside the Coast Highway bridge, the area is undeveloped and remains one of the largest coastal wetlands in Southern California. Beyond the Newport Aquatic Center the Back Bay is not navigable. The harbor's only public launch ramp is located at Newport Dunes. 0 3 Moorings Moorings are administered by the � ° Harbor Patrol and are offered on a first a come first served basis. R Moorings may not be a -to reserved in advance, -load mooring radius' load but as you approach the harbor call the Harbormaster's office to check availability. Stop at the Harbormaster's visitors dockjust beyond the end of the entrance channel to make those arrangements. Bring your vessel documentation or registration information and photo ID. Vessels may be boarded and inspected to ensure that the marine sanitation device is properly functioning. May -October $25 per night November- April $15 per night Pay by cash, check, or credit card. Most of the moorings in the harbor are bow and stern tie downs and may or may not z - � MSW MM�bI, be equipped with s the tackle necessary s to secure your boat. 3-10 fore and aft mooring Be prepared to rig your own lines to the mooring cans. There ©are seven single point moorings located just inside the harbor entrance at Carnation Cove.These offer the deepest mooring draft in the harbor, about zo feet at lowest tide. Anchorage The only harbor anchorage is located off the east end of Lido Isle. It is well marked by four yellow buoys and offers a minimum depth of approximately 7 feet with good holding in mud. Most boats swing on one anchor here so position yourself carefully with neighboring boats and be careful not to swing outside the marked boundaries. The time limit is 5 days and boats may not be left unattended in this area. The anchorage is free of charge. Notify Harbor Patrol upon anchorage. A second location where anchoring is allowed is J ust outside the harbor entrance off Corona Del Mar Beach, immediately outside the East Jetty. Anchorage in this area is subject to the following rules. Failure to follow these rules may result in your vessel being impounded. * 72 hour maximum stay * Continuous occupancy from dusk to dawn * Continuous occupancy during any Small Craft or greater advisory * A single 3 hour shore excursion daily is allowed Depths range from 20 to 30 feet with fair holding in sand and rock. This scenic anchorage is pleasant in good conditions but can put you on a dangerous lee shore when the weather blows up. Stay well clear ofthe marked swimming area. If-- Docks & Slips 4*1 There are three possible routes to securing guest III dock space or a slip in Newport Harbor. W Public Slips Forvessels up to 40 feet LOA (strictly enforced) the Harbor Patrol administers 5 guest slips located neartheir headquarters. These slips may not be reserved in advance, but call ahead to determine rates and availability as these are subject to change. Private Marinas There are many private marinas in Newport Harbor, but most specialize in long-term slip leases and don't offer transient ti dockage. Listed here are several marinas that may have slips available on a short term basis. Call �.N ahead. For more information on private marinas visit newportbeachca.gov/Harborinformation Yacht Clubs There are the five yacht clubs in Newport Harbor which offer dockage or moorings on a reciprocal privilege basis to members of certain other clubs. Check first with your club to confirm the relationship then call ahead to determine availability and conditions. All except Lido Isle YC also extend reciprocal clubhouse dining privileges. American Legion Yacht Club Maintains 70' of guest dock space with 8' draft for vessels up to 14' beam. www.al291.com 949.673.5070 Bahia Corinthian Yacht Club �^ Offers guest slips and complimentary Wi-Fi access for visiting yachtsmen. www.bcyc.org 949.644.9530 Balboa Yacht Club Offers guest slips and moorings with shore boat service in their nearby mooring field. www.balboayachtclub.com 949.673.3515 Lido Isle Yacht Club Permits guests to use their dock, subject to availability. www.lodoisleyachtclub.org 949.673.6170 Newport Harbor Yacht Club has no visitor slips, but maintains several guest moorings with shore boat service. www.nhyc.org 949.355.7974 qW N Going Ashore Visitors at anchor or a mooring may go ashore using one of the public docks maintained by the City of Newport Beach at eleven locations throughout the harbor. They are easily identified by the blue and white finial -topped pil- ings at each dock. Time limits are clearly posted at each public pier. Visitors with reciprocal yacht club privileges may call one of the yacht clubs listed above to check dinghy dock availability. Finally, if you're going ashore for a meal or refreshments, consider one of the Dock & Dine establishments listed below. Dock & Dine There are dozens of great choices for meals ashore around New- port Harbor, from the most casual to fine dining. Listed here are eight on the water places with guest docks. Call ahead for reserva- tions and dock space inquiries. Balboa Bay Club & Resort Lido Isle Reach, Mariner's Mile Duke's Place $$ L,D 949.645.5000 The First Cabin $$$ B,L,D 949.630.4390 Call BBC Dockmaster for info 949.630.4422 Back Bay Bistro $$ B,L,D Newport Dunes Resort b Marina 949.729.1144 Blue Water Grill $$ L,D Rhine Channel, Lido Peninsula 949.675.3474 Harborside Restaurant $$ L,D Pavilion, Balboa Village 949 673-4633 The Cannery $$ L,D Rhine Channel, Cannery Village 949.566.0060 The Dock $$ L,D Rhine Channel, Cannery Village 949.673.3625 Villa Nova $$ D Turning Basin, Mariner's Mile 949.642.7880 Woody's Wharf $$, B,L,D Balboa Peninsula 949.675.0474 Corona del Mar, Balboa Island, Balboa 1 /;il r,.,r., CL inww1i 100%Rk a I - :h Shopping & Restaurants Bayside Center 200 Marine Ave., Balboa Island Bayside Center at Bayside Drive and Jamboree Road includes a bank, supermarket, pharmacy, dry cleaner and laundry, an open air coffee shop, and two up -scale restaurants. Located nearthe Balboa Island bridge. Marine Ave 500 S. Bay Front, Balboa Island Marine Avenue is Balboa Island's charming main street with a post office, banks, food market, fashion boutiques, coffee shops, and restaurants ranging from very casual to elegant. And don't miss the world famous frozen banana stands. Another cluster of shops and a cafe are along Agate Avenue, near the Balboa Ferry landing. Balboa Village 1000 Bayside Dr. Balboa Village, on the peninsula, adjacent to the Balboa Ferry landing and the Balboa Pier, isan interesting collection of shops, restaurants, a pharmacy and businesses catering mostly to beachgoers, surfers and Fun Zone visitors. The sportfishing charter fleet, whale watching boats and the Catalina Flyer all berth here. Restaurants, from take outto upscale, are found in the historic Pavilion, the Fun Zone, along Main Street and on the pier. ExplorOcean is located here and bears special mention as a wonderful experience for kids and adults alike. Markets Hershey's Market 200 Marine Ave., Balboa Island Island Market 500 S. Bay Front, Balboa Island Pavilions Bayside Center 1000 Bayside Dr. Promeli's Market 508 W. Balboa Blvd., Balboa Peninsula (All offer groceries, deli items, beer, wine & spirits.) Pearson's Port 300 E. Coast Highway 1949.675.6771 Tie up alongside this seafood market located on a floating dock just beyond the Coast Highway bridge as you enter the Back Bay. Call ahead to confirm hours and catches of the day. Fresh seafood only. Laundry Island Wash Laundromat Agate Avenue, Balboa Island Bayside Cleaners Bayside Center Local Transportation Yellow Cab 800.535.2211 1 949.364.7000 Best Limousines & Transportation www.best-trans.com 1800.827.7411 Attractions and Entertainment Big Corona & Pirate's Cove Beaches You pass these two family friendly beaches as you enter the harbor. Big Corona faces seaward; Pirate's Cove (long a movie and TV location) is in the harbor entrance channel. Swimming, picnics, tide pools, beach walks, snorkeling and volleyball. For more information on Tidepools visit newportbeachca.gov/Tidepools. Balboa Peninsula Beach & Pier The furthest reaches of the beautiful five -mile sandy beach that runs the length of Balboa Peninsula. The Balboa ocean pier is great for fishing, views of Catalina, surfer watching, sunsets — and breakfast, lunch or dinner. Balboa Peninsula's Fun Zone, a place for kids and adults to engage an interactive experience with Newport's nautical heritage and ocean environment. www.nhnm.org 1949.675.8915 111LF BODYSURFING AT THE WEDGE The Wedge The famed bodysurfing spot at the end of the peninsula at the junction with the harbor's west jetty. Fine for spectators; not for novices. ExplorOcean Formerly known as the Newport Harbor Nautical Museum located in the Balboa Peninsula's Fun Zone, a place for kids and adults to engage an interactive experience with Newport's nautical heritage and ocean environment. www.nhnm.org 1949.675.8915 Day Trips to Catalina The high-speed Catalina Flyer departs from the Balboa Pavilion each morning for its day - trip to Avalon. www.catalinainfo.com 1800.830.7744 Upper Newport Bay Nature Preserve Newport's Back Bay forms one of the largest coastal wetlands in Southern Cal ifornia, a birdwatcher's paradise. An accessible yet remote environment for kayakers, walkers, bicyclists, and skaters. Learn more at the Back Bay Science Center. www.backbaysciencecenter.org 1949.640.9956 7 Shopping & Restaurants Two shopping centers are accessible for visitors in this part of the harbor: Via Lido Plaza in Lido Village and The Land- ing. Lido Village has restaurants, pharmacy, bank, coffee shops and the delightful 193o's Art Deco style Lido Theatre. The Landing has a supermarket, restaurants, bank, coffee shop and more. Nearby Cannery Village is eight square blocks of antique shops, restaurants, coffee shops and several art galleries. The area around Newport Pier offers many "beachy" eating and drinking establishments, as well as one fine dining oceanview restaurant. Six Dock & Dine options are located in this area of the harbor.The Cannery, Blue Water Grill and Woody's Wharf are on the Rhine Channel.The Balboa Bay Club and Villa Nova are on Mariner's Mile. See complete Dock & Dine information in the Local Knowledge section. Pavillions 32nd Street b Newport Blvd 7 -Eleven Balboa Blvd. S 20th St. Laundry Kona Cleaners 1949.673.3394 ID Via Lido Plaza Local Transportation Yellow Cab 800.535-2211 1949,364-7000 Best Limousines & Transportation www best-trans.com 1 800.827.7411 Attractions & Entertainment Newport Pier and Beach Not to be confused with Newport's other ocean pier, Balboa Pier, located farther out on the peninsula. The two piers share the same great beach and they're connected by a paved walking/bike path that runsthe length of the peninsula. Lots of walkers, strollers, joggers, bikes, Segways and rollerblades. Dory Fishing Fleet and Market Located next to the Newport Pier, this hardy group of dory fisherman maintain their fishing operations and daily open air fish market which dates back to 3.691. www.doryfleet.com Lido Theatre on Via Lido at Newport Blvd., this fully - restored Art Deco showpiece features a broad range of independent films. True to its Newport roots, it has become the surf film capital of Southern California. www.regencymovies.com 1949.673.8350 LU 3 V C,fl ED 1 _ 7�ry-� •v , UDO MARINER'S MILE VILLAGE ® .e 5 CANNERY VILLAGE 1 O LIDO L PEONINSULA az i t13c7 ISLE ' uta R •� Newport Pier M® (�3 Bay IIslandVill, �S—J1!i Ilabor Resources Yacht Clubs 13 Boat Ramp y [""American Legion 0 Lifeguard Ho )4Bahia Boats. Kayaks and Gondolas Rentals Corinthian 4 Fuel Dock V� Balboa 0 Public Slips E0 Coast Guard ® Hoag Hospital Lido isle �y Marine Services 8 Supplies O Balboa Boat Yard d Basin Marine Shipyard © Bellport Newport Harbor Shipyard Larson's Shipyard Q Schock Boats Q South Coast Shipyard " Market Newport Harbor Marine Hardware Swimming I Basin Marine Store Dock and Dine 2 Lido Marine E0 Coast Guard 0 Balboa Bay Club & Resort ,a Minney's Yacht Surplus" R Habor Patrol Back Bay Bistro 4 West Marine (Bayside} Q Blue Water Grill .5 West Marine iPCH) Anchorage Q Harborside Restaurant r Purnpout Station 10 The Cannery ® Public Restroom The Dock M Public Dock Vila Nova — Ferry Crossing ! Woody`s Wharf • Actual location is approximately ! 12 �W Mooring Sites mile north on Newport Blvd. BACK BAY M1 Newport Dunes �4 Linda Island the Wedge CORONA IM DEL MAR Big Corona Beach Reference NOAA Chart 18754 ` . tom' Harbor Island O COLLINS �! ISLAND n.ri C= T BALBOA ISLAND � , ISLAND BALBOA VILLAGE Q 4 Aboa Pier BALBOA PENINSULA the Wedge CORONA IM DEL MAR Big Corona Beach Reference NOAA Chart 18754 ` . tom' Quick Reference Marine Services Fuel, Water & Ice Fuel, water, and ice are available at either of the fuel docks, both located near the Balboa Ferry crossing. Each also offers an assort- ment of mini -mart food and beverage items. Island Marine (Balboa Island) 949.673.1103 Hill's Boat Service (Balboa Peninsula) Ch17 949.675.0740 Pump -Out Facilities O Heed the Harbormaster — Remember that Newport Harbor is designated a No Discharge Harbor by the Environmental Protec- tion Agency. Accordingly, vessels with sanitation devices con- nected to a thru-hull fitting must have a shut-off valve in.place to prevent overboard discharge. Ten holding tank pump -out sta- tions are located throughout the harbor as shown on the chart in this Guide and two mobile pump -out services are available. HOWTO OPERATE. z. Uncoil the entire hose z. Remove discharge cover from tank 3. Connect hose 4. Turn on suction pump S. Pump holding tank 6. When complete, turn off switch, 7. Recoil Hose and Replace Mobile Pump Out Royal Flush Pumping (CDM Anchorage 6 Harbor) 888.656.2551 Mobile Harbor Services (Harnor only) 949.515.8658 Public Piers There are ii public piers and dinghy docks located on the harbor chart in this Guide. Lookforthe blue and white finial topped pilings that mark each dock. Public Launch Ramp The harbor's only public launch ramp is located at Newport Dunes in the Back Bay. Vessel Assistance & Towing Services SeaTow Ch 16 888.473.2869 Boat U.S./Vessel Assist Ch 16 800.391.4869 Boat Yards Balboa Boat Yard 2414 Newport Blvd www.balboaboatyard.com 949.673.6834 Basin Marine Shipyard 829 Harbor Island Drive www.basinmarine.brilogy.com 949.673.0360 Beliport Newport Harbor Shipyard 151 Shipyard Way www.newportharborshipyard.com 949.723.6800 Larson's Shipyard 2703 W. Coast Highway www.larsonsshipyard.com 949.650.2688 Schock Boats 2900 Lafayette Rd www.schockboats.com 949.673.2050 South Coast Shipyard 223 21ST St www.southcoastshipyard.com 949.675.2837 Marine Hardware Basin Marine Store 829 Harbor Island Drive 949.673.3533 Lido Marine (Newport Harbor Shipyard) 151 Shipyard Way, Lido Peninsula 949.673.9496 Minney's Yacht Surplus (A, warehouse of new b used items from stem to stem) 1500 Newport Blvd., Costa Mesa 949.548.4192 West Marine (2 locations) Bayside Drive b Coast Highway 949.673.0028 (The "little' one, the big one is one mile west.) West Marine 900 W. Coast Highway 1P,lgr3A, 15LAmD 949.645.1711 Newport Harbor Directory Emergency Services Call 911 or Orange County Sheriff's Harbor Patrol for emergency response in Newport Harbor or inshore along the OC coast. Harbor Patrol CH 16 949.723.1000 Hoag Hospital 949.764.4624 City of Newport Beach Lifeguards 949.644.3047 Contact the U.S. Coast Guard- Long Beach for off shore emergency response. U.S. Coast Guard CH 16 310.833.1600 Harbor Services Non emergency contact for public slips, moorings and anchorage inquiries. Harbormaster CH 16 949.723.1002 t• h- -�:,qr,.r: 'A:' -.:moiQ -- '— 'mow r4WA 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: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of 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 manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under 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 minimum, if not exact, percentage of post consumer material as defined in the Public 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 12156(e), the certification required by this 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 Government 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. 2) 'Public purchasing body" means the State or the subdivision or agency making a public purchase. Government 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 through 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 acknowledges 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 assignment 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 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 DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days 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 8 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 other time period as may be specified elsewhere in this Contract) certify in a report 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).) S:\ADMINIHOMEPAGE\GTC-610.dm Debarment and Suspension Certification Title 49, Code of Federal Regulations, Part 29 The Code of Federal Regulations requires that any recipient of federal funding (grantee, vendor, etc), must be free from department or suspension by any federal agency. Therefore, both the grantee and its vendors/supplies must certify as such. This certification must be provided by grantee when submitting the application for funding. Certification by vendors/suppliers is required prior to execution of grant agreement. Provide a signed statement on grantee letterhead certifying the following: "(Applicants Name and Title), under penalty ofperjury, I certify that, except as noted below, (owner) or any other person associated therewith in the capacity of owner, partner, director, off cer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntary excluded or determined ineligible by any federal agency within the past three (3) years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Signature Date " If there are any exceptions to this certification, attach to certification letter. For any exception noted in the attachment, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in the denial of award, but will be considered in determining bidder responsibility. The signed letter will become part of the Application. EXHIBIT B City of Newport Beach NO, BA- 17BA-029 BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $75,562.00 To increase revenue estimates and expenditure appropriations to accept an Infrastructure grant from the California Division of Boating and Waterways for the Central Avenue Public Pier and Plaza Improvements project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance ONE-TIME? 8 Yes 171-112 Contdb CIP-Dept of Boating & Waterways -Central Ave Pier No To increase revenue estimates and expenditure appropriations to accept an Infrastructure grant from the California Division of Boating and Waterways for the Central Avenue Public Pier and Plaza Improvements project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description Org REVENUE ESTIMATES 13501 Contributions CIP Orq Object Proiect Description 13501 431385 171-112 Contdb CIP-Dept of Boating & Waterways -Central Ave Pier Project String F -171 -112 -STATE -135 -GRANT EXPENDITURE APPROPRIA770NS Signed: Signed: � �� City Amount Debit Credit $75,562.00 $75.562.00 Date Date Signed: City Council Approval: City Clerk Date Description Org Number 13501 Contributions CIP Object Number 980000 CIP Expenditures Project Number 171-112 Central Avenue Public Pier & Plaza Improvements Project String E-1 71 -112 -CONSTRUCT -135 -UNASSIGNED Signed: Signed: � �� City Amount Debit Credit $75,562.00 $75.562.00 Date Date Signed: City Council Approval: City Clerk Date STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-20 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of March, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Kevin Muldoon NAYS: None RECUSED: Council Member Brad Avery, Council Member Diane Dixon, Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of March, 2017. 4- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)