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HomeMy WebLinkAbout2020-7 - Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange ProgramRESOLUTION NO. 2020- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS FOR THE SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM 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 uses local, county, state and federal regulations to remove abandoned and surrendered vessels from City controlled areas of Newport Harbor; WHEREAS, the State of California, Department of Parks and Recreation, Division of Boating and Waterways ("Division") is authorized to distribute grants, through the Surrendered and Abandoned Vessel Exchange Program ("SAVE Program"), to local public agencies that have jurisdiction over navigable waterways in California for the removal of abandoned and surrendered vessels; WHEREAS, the City submitted a grant application to the Division through the SAVE Program seeking funds for the City's vessel removal program in Newport Harbor; WHEREAS, the Division reviewed and approved the City's grant application and authorized the award of One Hundred Seventy -Five Thousand Dollars and 00/100 ($175,000.00) ("Grant Funds") to partially fund the City's removal of abandoned and surrendered vessels from Newport Harbor ("Grant"), subject to the terms and conditions of the Grant Agreement, a copy of which is attached hereto as Attachment 1 and incorporated herein by this reference; and WHEREAS, in accordance with City Council Policy F-25 "Grant Administration", the City Council hereby intends to approve and accept the Grant. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council hereby approves and accepts the Grant, made available through the SAVE Program and administered by the Division, subject to the terms and conditions of the Grant Agreement. Section 2: The City Manager is hereby authorized to execute the Grant Agreement and any documents necessary for the City to secure payment of the Grant Funds and effectuate the purposes for which the Grant was awarded. Resolution No. 2020-7 Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: 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 28th day of January, 2020. Will O'Neill Mayor ATTEST: /1 n APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Grant Agreement ATTACHMENT The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D, E, F and G, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of the Agreement and herein referred to as SCOPE OF WORK. The General and Special Provisions attached are made a part of and incorporated into the Agreement. Grantee: City of Newport Beach Address: 100 Civic Center Drive, Newport Beach, CA 92627 Authorized Signature: Printed Name: Title of Authorized Representative: Date: Agency: Department of Parks and Recreation Division of Boating and Waterways ATTN: Ron Kent Address: One Capitol Mall, Suite 500 Sacramento, CA 95814 Authorized Signature: Printed Name: Keren Dill Title: Staff Services Manager II Date: Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 1 of 37 State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS GRANT AGREEMENT - CERTIFICATE OF FUNDING GRANTEE: City of Newport Beach GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE -19) GRANT AMOUNT: $175,000.00 GRANT NUMBER: C19SO608 GRANT TERM: Effective: Date Fully Executed" through September 30, 2021 FULLY EXECUTED: To be advised The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D, E, F and G, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of the Agreement and herein referred to as SCOPE OF WORK. The General and Special Provisions attached are made a part of and incorporated into the Agreement. Grantee: City of Newport Beach Address: 100 Civic Center Drive, Newport Beach, CA 92627 Authorized Signature: Printed Name: Title of Authorized Representative: Date: Agency: Department of Parks and Recreation Division of Boating and Waterways ATTN: Ron Kent Address: One Capitol Mall, Suite 500 Sacramento, CA 95814 Authorized Signature: Printed Name: Keren Dill Title: Staff Services Manager II Date: Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 1 of 37 CERTIFICATE OF FUNDING (FOR STATE USE ONLY) GRANTEE: City of Newport Beach GRANT TITLE: FY 2019/20 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $175,000.00 GRANT NUMBER: C19SO608 GRANT TERM: Effective: Date Fully Executed* through September 30, 2021 FULLY EXECUTED: To be advised CONTRACT NO AMENDMENT NO SUPPLIER ID PROJECT NO 137900THER C19SO608 0000011771 AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO ENCUMBERED BY Abandoned Watercraft Abatement Fund (SAVE -19) 053706 THIS DOCUMENT $175,000.00 REPORTING Approp. Ref. Fund CHAPTER STATUTE FISCAL YEAR STRUCTURE 3790-101-0577 23 2019 2019/20 37900709 BUSINESS UNIT INDEX PROGRAM ACTIVITY CODE ACCOUNT 3790 N/A 12855023 169990 15432000 T.B.A. NO / hereby certify upon my own personal knowledge that the budgeted funds are available for this encumbrance. B.R.NO ACCOUNTING OFFICER'S SIGNATURE DATE Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 2 of 37 STATE OF CALIFORNIA Department of Parks and Recreation, Division of Boating and Waterways One Capitol Mall, Suite 500 Sacramento, CA 95814 EXHIBIT A SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE) FISCAL YEAR 2019/20 AUTHORIZED GRANT REPRESENTATIVES The services shall be performed in the jurisdiction of: City of Newport Beach State Agency: Division of Boating and Waterways Grantee (Agency Name): City of Newport Beach Name: Ron Kent Grantee Representative": Melanie Franceschini Title: Program Administrator Title: Administrative Analyst Address: One Capitol Mall, Suite 500 Sacramento, CA 95814 Address: 100 Civic Center Drive, Newport Beach, CA 92627 Phone: (916) 327-1825 Phone: (949) 644-3028 Fax: Fax: Email: ron.kent@parks.ca.gov Email: mfranceschini@newportbeachca.gov Grantee representative information may only be changed by giving 30 days written notice to DBW. Contract 9 C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 3 of 37 EXHIBIT B Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program 1. NEEDS AND OBJECTIVES OF DBW a. Pursuant to its authority under Harbors and Navigation Code section 525, the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects (hereinafter "eligible water hazards") which pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the Questionnaire, found in Exhibit A. b. Pursuant to its authority under Harbors and Navigation Code Section 525, the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of surrendered vessels, or parts thereof, which are in danger of being abandoned and has a likelihood of causing environmental degradation or becoming a hazard to navigation within Grantee's jurisdiction as specified according to the Grantee's Work Plan, found in Exhibit A. 2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL The funds provided under this Agreement shall be used for the combined purposes of Surrendered and Abandoned Vessels Exchange (SAVE) as follows: a. Abatement, removal, storage and/or disposal of eligible Marine Debris. For purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code section 522(a): "Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property". Harbors and Navigation Code, Section 525 (1)(A): "...the Abandoned Watercraft Abatement Fund, which is hereby created as a special fund. Moneys in the fund shall be used exclusively, upon appropriation by the Legislature, for grants to be awarded by the department to local agencies for the abatement, removal, storage, and disposal as public nuisances of any abandoned property as described in Section 522 or for the disposal of surrendered vessels as defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property or private property with the landowner's consent. Harbors and Navigation Code, Section 550 (B): " "Marine Debris" is a vessel or part of a vessel, including a derelict, wreck, hulk, or part of any ship or other watercraft or dilapidated vessel. That is unseaworthy and not reasonably fir or capable of being made fit to be used as a means of transportation by water." b. The funds provided under this Agreement shall not be utilized for abatement, Contract # C19S0608. City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 4 of 37 removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. C. If Grantee is reimbursed for the costs related to the abatement, removal, storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard, then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Abatement, removal, storage and disposal of eligible surrendered vessels. For purposes of this Agreement, "surrendered" is defined in Harbors and Navigation Code section 526.1(a): e. "`surrendered vessel' means a recreational vessel that the verified titleholder has willingly surrendered to a willing agency under both of the following conditions: (1) The public agency has determined in its sole discretion that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation. (2) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation." f. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. g. If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal of a surrendered vessel by the registered or legal owner or other person or entity known to have an interest in the vessel, then the vessel shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such vessel immediately. 3. RIGHT OF INSPECTION Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement. 4. ANNUAL MEETING Grantee's representative or alternate shall participate in an annual one -day video or phone conference conducted by DBW during the term of this agreement. Should the Grantee or representative be unable to attend the meeting and cannot provide a substitute from the agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. DBW must grant approval in writing in order for the Grantee not to be in breach of this Agreement for failure to attend. 5. ACTIVITY/NON ACTIVITY: REPORTING REQUIREMENTS a. Grantee shall provide quarterly reports to DBW describing the status of existing Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 5 of 37 issues known, pending, or in progress. b. Lack of quarterly reporting and/or removal activity within any twelve month period during the term of this agreement is subject to possible revocation of grant. 6. HAZARDOUS MATERIALS Grantee shall be responsible for securing any necessary or prudent studies, permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos, and similar substances, prior to the removal of any vessel and water hazard pursuant to this Agreement. Grantee shall be responsible for the proper and lawful handling, abatement, removal, storage, and/or disposal of any hazardous substances encountered in the execution of this Agreement. 7. TITLES AND LIENS a. Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of this Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title search for all vessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526. b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors and Navigation Code section 526.1 in the performance of this Agreement, requiring that a surrendered vessel be that of the "verified titleholder." 8. MEDIA Grantee agrees to acknowledge DBW's financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material. 9. MEDIA MATERIALS RELEASE Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"), the non-exclusive, royalty -free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder. Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 6 of 37 paid for any use or right granted herein. The Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. The Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied. The Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. The Grantee is the sole and exclusive owner of the Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. The Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement. 10. PERMITS AND DOCUMENTATION Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, the Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law. 11. SECURING OF BIDS Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts to marine salvage companies under this Agreement. 12. SUBCONTRACTORS Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all of its contractors and subcontractors holds a valid business license and carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement; and Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these requirements, that Grantee itself carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement, whether performed by the Grantee, Grantee's contractor(s), or Grantee's subcontractor(s). Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. 13. TRAFFIC CONTROL AND TRAFFIC SAFETY The Grantee shall provide for adequate traffic control and safety measures at any site where Contract # C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 7 of 37 Grantee and its subcontractors will perform any work under this Agreement. 14. AIR OR WATER POLLUTION VIOLATION Grantee warrants that it is not (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 15 ENTIRE AGREEMENT This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein. 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. 16. APPROVAL OF AGREEMENT AND AMENDMENTS This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Commencement of performance prior to approval of this Agreement will be at the Grantee's own risk. 17. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this agreement. 18. AUTHORITY TO CONTRACT Grantee must provide DBW with evidence of its authority to enter into this Agreement. Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement. 19. COMPLIANCE WITH LAW AND REGULATIONS Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with: (a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a -f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq. of the Fair Employment and Housing Act; (c) Drug -Free Workplace requirement of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. section 12101 et seq. 20. INDEPENDENT CONTRACTOR Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 8 of 37 21. INSURANCE REQUIREMENTS The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general liability insurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Office of Risk and Insurance Management (ORIM). GENERAL PROVISIONS APPLYING TO ALL POLICIES a. Coverage Term Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the Division at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the grant. b. Policy cancellation or termination & notice of non -renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the Division. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the Division may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. C. Deductible Grantee is responsible for any deductible or self-insured retention contained within their insurance program. d. Primary clause Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. e. Insurance carrier required rating All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or GRIM. f. Endorsements Any required endorsements requested by the Division must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. g. Inadequate Insurance Inadequate or lack of insurance does not negate the Grantee's obligations under the Agreement. h. Use of Subcontractors In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of subcontractor's insurance to the State when requested equal to policies, coverages, and Contract # C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 9 of 37 limits required of Grantee. 2. INSURANCE REQUIREMENTS a. Commercial General Liabili The Grantee shall maintain general liability on an occurrence form with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent subcontractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability. The policy must include: "The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. b. Automobile Liabil The Grantee shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non - owned motor vehicles. C. Watercraft Liability The Grantee shall maintain watercraft liability insurance with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft (owned, hired or non -owned). The policy must include: "The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed that is connected with or related to the activities contemplated in this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. d. Workers Compensation and Employers Liability The Grantee shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 10 of 37 State must be attached to certificate. If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this contract, Grantee acknowledges compliance with these regulations. e. Environmental/Pollution Liabi Grantee shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this contract. The policy must include: "The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials. 3. Self -Insurance If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information including a letter of credit may be required. The Division reserves the right to request financial information. 4. Statement of Insurance Coverage: Grantee certifies and agrees that they have all required insurance coverages as stated in the grant agreement, which will be in effect for the entire term of the agreement. Approver initials : Date: Name: Title: 22. TERMINATION a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee. b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days written notice. C. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement. d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately Contract # C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 11 of 37 discontinue all removal and disposal activities affected, unless the notice directs otherwise. In such event, DBW shall pay Grantee only for removal and disposal activities completed prior to the termination date. e. Upon termination of this agreement, Grantee shall promptly return all advanced funds. At DBW's sole discretion, DBW may offer an opportunity to cure any breach prior to terminating for default. 23. ASSIGNMENT This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. 24. MATCHING 10% REQUIREMENT a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10 -percent contribution from the local agency receiving the grant." b. The 10 -percent contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kind contributions which may include personnel hours (net hourly rate only with no benefits included) excessive removal and/or storage fees, and other expenses with advance DBW approval. C. If using personnel hours for in-kind match, only net, raw hours will be accepted and verification of in-kind contribution is required with reimbursement request(s). The statement of in-kind hours must include: a. Activity date b. Vessel/issue name or description C. Personnel name d. Description of service provided e. Number of hours provided by each person f. Hourly rate and total value Use the form provided on DBW's website at www.dbw.ca.gov under Grants & Loans, or the online grant system, OLGA, available on DBW's website. e. The burden of proof in complying with the 10 -percent contribution requirement is the responsibility of the grantee. Grant funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10 -percent contribution requirement for each disbursement. 25. BUDGET DETAIL AND PAYMENT PROVISIONS a. Covered Expenses and Reimbursement Claims Processes DBW will reimburse the Grantee for the following expenditures provided by Grantee's service providers, contractors and/or subcontractors, within the scope of the SAVE program for AWAF issues associated with: i. Raising of submerged vessels and associated hazardous materials ii. Removal of Recreational Vessels and associated hazardous materials from navigable waterways or adjacent shorelines iii. Removal and disposal of hazardous materials from Recreational Vessels iv. Towing Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 12 of 37 V. Storage: 1) Without lien sale: 60 days maximum 2) With lien sale: 90 days maximum with justification 3) If stored onsite at Grantee's facility, 50% of the normal rate of charge to the public will be reimbursed, and fee schedule is required for verification. Vi. Lien sale expenses: fees charged by lien sale service companies, postage, DMV fees, and advertising costs vii. Public notice advertising viii. Vessel appraisal ix. Salvage and demolition 2. DBW will reimburse the Grantee for the following expenditures provided by Grantee's Service providers, contractors and/or subcontractors, within the scope of the SAVE program for VTIP issues: i. Disposal of Surrendered Recreational Vessels ii. Removal and Disposal of hazardous materials from Recreational Vessels iii. Towing of Recreational Vessels from Agency to disposal site 3. Navigational hazard removal and destruction may be considered with advanced written approval from DBW. Inquire in advance of completing work with documentation, photos, and narrative as to why the item is a navigational hazard 4. Other items directly related to SAVE activities that could create long-term cost efficiencies of vessel removal, disposal and turn -in may be considered for reimbursement with pre -approval in writing from DBW. b. Reimbursement claim forms: Forms are available on DBW's website under the Grants & Loans tab under the appropriate link for SAVE, AWAF and/or VTIP (until further notice, use the SAVE, AWAF or VTIP reimbursement forms as needed for each specific type of removal): Grantee must sign and date each reimbursement claim form in blue ink and submit with the following documents to DBW: C. Invoices from service providers, contractors and/or subcontractors to Grantee: Invoices must contain the following: 1. Name and address of Grantee 2. Contract or invoice number 3. Description of service performed 4. Date the service was performed 5. Location of each service 6. Vessel name, CF# or HIN# if available; otherwise, description of vessel 7. Signature confirming the claim is accurate and true under penalty of perjury d. Proof of payment for all invoices. The following acceptable forms of proof are: 1. Cancelled check (with bank's cancelled stamp on back of check copy) 2. Credit card statement with charge and payment posted, along with copy of Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 13 of 37 charge slip 3. Invoices from service provider showing zero balance 4. Proof of Accounting Clearing House (ACH) or electronic transfer showing date, amount and transaction confirmation number. e. 10% in-kind match contribution statement: If Grantee is matching the 10% requirement with in-kind services, complete the following form located on DBW's website and submit with each claim: hftp://www.dbw.ca.gov/PDF/Funding/DPR265.pdf 2. Net, hourly rates only will be accepted. Grantee must include verification of net rates with first claim and each time rates are changed. Photos of vessels (Required) -with CF numbers visible if available g. (VTIP ONLY) Statement of Vessel Release of Interest and Ownership: To be completed and signed by owner(s). Grantee may provide their own release form to vessel owners for completion. A sample of this release form is located on our website: http://www.dbw.ca.gov/PDF/Funding/SAMPLE_Release_of Interest_and_Liability_F orm.pdf NOTE: (VTIP ONLY) Vessel ownership verification is required; however, it is not required that boat owners bring their registration up to date in order to surrender their vessel through the VTIP. h. Reimbursement claims and support documents (as indicated above) are to be submitted to DBW at: Division of Boating and Waterways One Capitol Mall, Suite 500 Sacramento, CA 95814 Attention: SAVE Unit Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shall result in forfeiture of all funds advanced and provided under this Agreement. All requests for payment must be submitted to DBW no later than 30 days after the expiration date of the agreement. DBW is not obligated to make payment on any reimbursement request(s) received or for any services completed after this date. Refer to "Fully Executed" letter for additional reimbursement request reauirements. 26. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program; this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 14 of 37 B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the reduced amount. 27. INDEMNIFICATION Grantee shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees. 28. FUNDS ASSIST a. PROCESS The Funds Assist process has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within three (3) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW's discretion. The Funds Assist process works as follows: 1) An introduction is made by DBW between the agency with excessive funds (Agency A) and the agency in need (Agency B). 2) A deadline shall be imposed by DBW for the work to be completed by Agency B. 3) Agency B pays for all contractor invoices, as is required with the SAVE grant. 4) The 10% required match is the obligation of Agency B and may be met with cash, in- kind services, or a combination of both. 5) To obtain reimbursement, Agency B will required to supply the following to Agency A: a. A Tax Identification Form (W-9) b. All requirements/documents apply as outlined in this agreement under #26 C. A statement on Agency B's letterhead invoicing Agency A for the total reimbursement request. d. Copies of completed forms and support documents to DBW for pre - approval. 6) Agency A completes the following actions: a. Upon approval by DBW, pay Agency B the invoiced amount within 30 days and record as a pass-through grant (or use your accounting method preference). b. Complete DBW's AWAF and/or VTIP Reimbursement Claim Form and attach all supporting documents as listed in item b, c & d above, including the verification of payment to Agency B i.e., cancelled check or statement Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 15 of 37 from Agency B of payment received. C. Email the documents to the DBW program administrator for review. Once reviewed and approved, send finalized claim forms to DBW for payment processing. DBW will act as a courtesy liaison between the agencies to ensure (as much as possible) that documents are correctly processed. b. INDEMNIFICATION Grantee and sub grantee (hereafter known an Agency A and Agency B) shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Agency A and B, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Agency A and B's contractor's or subcontractor's activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees. If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for removal project, and receives assistance through the Funds Assist process, all provisions of the SAVE grant applies. Approver initials: Name: Title: Date: 29. 90 -DAY RETURN OF GRANT DOCUMENTS TO DBW Grant agreements issued to the awarded agency must be completed and returned within 90 days of the date of issuance according to the instructions issued by DBW with the grant agreement. If extenuating circumstances prevent the ability of the agency to meet this deadline, approval from DBW must be obtained in writing. DBW retains the right to determine approval or denial of extensions. 30. ANTI -CORRUPTION SAVE grantees are required to report to DBW any written, suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE grant in order to increase their fee(s), for possible investigation of price gouging. A two year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 16 of 37 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. Grantee may not commence performance until such approval has been obtained. 2. EFFECTIVE DATE: Effective date means either the 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 DBW signature. No work shall commence until the effective date. 3. 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. 4. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. 5. AUDIT: Grantee 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. Grantee 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. Grantee 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, Grantee 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). 6. INDEMNIFICATION: Grantee 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 the subcontractor or Grantee in the performance of this Agreement. 7. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. 8. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 17 of 37 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 Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand. RECYCLING CERTIFICATION: The Grantee 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, Grantee 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. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee 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. Grantee 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. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The GRANTEE 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 Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1. 14. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 18 of 37 15. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee 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 Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee 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 Grantee, to the best of its knowledge is fully complying with the earnings Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 19 of 37 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 Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement 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 Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement 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 agreement 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).) Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 20 of 37 EXHIBIT D CFRTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California. Grantee Agency Name (Printed) City of Newport Beach Federal ID Number 95-6000751 By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of Orange GRANTEE CERTIFICATION CLAUSES STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to Contract # C19S0608. City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 21 of 37 carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State. Failure to make a good faith effort may be cause for non -renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a). Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 22 of 37 DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 23 of 37 EXHIBIT E DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 24 of 37 4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee's representative shall be notified to DBW within 30 days written notice on Grantee's letterhead. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 25 of 37 EXHIBIT F Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)). Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment). A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the sample Attachment). The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification requirements of bidders and proposers. Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 26 of 37 EXHIBIT F — DARFUR CONTRACTING ACT Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3): YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED. We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States. OR 2. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. 1010 3. We currently have, or we have had within the previous three years, business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 10476. CERTIFICATION For # 3. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California. Grantee Agency Name (Printed) City of Newport Beach Federal ID Number 95-6000751 By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of Orange YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 27 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan General 1 Applicant Information a. Applicant Name City of Newport Beach b. Organizational Unit c. Address 100 Civic Center Drive d. Address 2 e. City Newport Beach State CA Zip 92660 f. Federal ID Number 95-6000751 Reference No. g. Agency Type re City r County f Federally or State Recognized Native American Tribe r District 2 Project Information a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020 b. Is implementing agency same as Applicant {? Yes r No C. Implementing Agency Name d. Project Start Date Oct -01-2019 End Date Sep -30-2021 e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00 Contract 4 C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020. Date: 12/20/2019 Page: 28 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan 3 Contacts a. Project Administrator Name Melanie Franceschini Title Administrative Analyst Mailing Address 100 Civic Center Drive City Newport Beach State CA Zip 92660 Telephone (949) 644-3028 Fax E-mail Address mfranceschini@newportbeachca.gov b. Project Administrator Name Kurt Borsting Title Harbormaster Mailing Address 1600 W. Balboa Boulevard City Newport Beach State CA Zip 92663 Telephone (949) 270-8158 Fax E-mail Address kborsting@newportbeachca.gov Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 29 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan Agency Type and Area of Responsibility (AOR) Newport Harbor is one of the largest, small craft recreational harbors on the California Coast. Home to approximately 4,500 vessels, Newport Harbor is a welcome port to many boaters as they cruise the Pacific or travel within their home waters. The City of Newport Beach (City) manages many of the visitor -serving amenities within the harbor. The goal of the City's Harbor Department is to provide information and services to harbor users whether they are boating visitors, anchor their vessel year round or call the harbor home. The City also encourages public access to the water, providing and maintaining slips and moorings available to rent for guests and locals alike. The City operates five public pump outs, two marinas and twelve public docks. However, with the accessibility to these public recreational amenities also comes abandonment, illegal berthing and derelict vessels. The City works with vessel owners encouraging them to maintain their vessels in a seaworthy and operable manner. However, legal action is sometimes required to handle impounds, liens, junking and demolition of vessels. Historically, the City has assisted boaters in Newport Harbor, nearby harbors and even those with trailered boats, with the process of turning in derelict vessels and removing those that inhibit the enjoyment and safety of harbor waters. 2. Statement of Need The City has demonstrated both the need to remediate problem vessels through Abandoned Watercraft Abatement Fund (AWAF), as well as the ability to assist boaters with Vessel Turn in Program (VTIP). The City was the recipient of the SAVE 2017/18 grant and is close to exhausting all funds. With the help of the SAVE grant during this most recent cycle, the City was able to remove and demolish more than 25 vessels. In addition, through the City's Code Enforcement efforts approximately 200 cases were managed associated with the vessels that were either inoperable, unseaworthy or in some state of disrepair. Of those cases, approximately 30 could have resulted in abandonment if not for the efforts of the City to work to have the vessel owner remediate their condition. Interested parties from all over the county continue to inquire as to how the City's grant funding can be used to assist them. We currently have a VTIP waitlist of 12 vessels, in addition to 16 other vessels owners that have expressed interest of adding their boats to the list. The City of Newport Beach works to address abandoned watercraft in Newport Harbor. Duties to mitigate vessels include: • Regular and focused communication with vessel owners; • Relocation of problem vessels; • Pumping out vessels that have taken on water; • Processing DMV paperwork for liens, junking, etc.; and • Coordination with local marine contractors and shipyards to relocate vessels for haul -out and demolition a. List of ADV's/VTIP vessels List of current Abandon Derelict Vessels (ADV)/VTIP vessels and estimate of cost to remove them. ADV / VTIP Estimated Cost Current ADV's 15 ea 44,130 Current VTIP 7 ea 23,200 Estimate of ADV's 46,335 Estimate of VTIP 61,335 TOTAL 175,000 Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 30 of 37 2. 0 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan California State Senate Districts Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.htm1) in your browser to determine the State Senate district(s). r State Senate 01 r State Senate 02 r State Senate 03 r` State Senate 04 r State Senate 05 r State Senate 06 r State Senate 07 r State Senate 08 r State Senate 09 r State Senate 10 r State Senate 11 r State Senate 12 r State Senate 13 r State Senate 14 r State Senate 15 r State Senate 16 r State Senate 17 r State Senate 18 r State Senate 19 r State Senate 20 F State Senate 21 r State Senate 22 r- State Senate 23 r- State Senate 24 r State Senate 25 r State Senate 26 r State Senate 27 r State Senate 28 r" State Senate 29 r State Senate 30 r State Senate 31 r State Senate 32 r State Senate 33 r State Senate 34 r- State Senate 35 r State Senate 36 J✓ State Senate 37 f State Senate 38 r State Senate 39 r State Senate 40 California State Assembly Districts Select one or more of the California State Assembly Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s). r State Assembly 01 r State Assembly 05 r -State Assembly 09 F State Assembly 13 F State Assembly 17 r State Assembly 21 f- Assembly 25 r State Assembly 29 r State Assembly 33 I- State Assembly 37 r State Assembly 41 r State Assembly 45 r State Assembly 49 r State Assembly 53 F State Assembly 57 F State Assembly 61 r State Assembly 65 r State Assembly 69 F- State Assembly 73 F State Assembly 77 r State Assembly 02 T- State Assembly 06 r State Assembly 10 r State Assembly 14 r State Assembly 18 F State Assembly 22 r State Assembly 26 r- State Assembly 30 r State Assembly 34 I` State Assembly 38 r State Assembly 42 r` State Assembly 46 r` State Assembly 50 r" State Assembly 54 F State Assembly 58 r- State Assembly 62 r State Assembly 66 r` State Assembly 70 P7 State Assembly 74 r State Assembly 78 California Congressional Districts r State Assembly 03 r State Assembly 07 r State Assembly 11 r State Assembly 15 r- State Assembly 19 r State Assembly 23 r State Assembly 27 r State Assembly 31 r State Assembly 35 r State Assembly 39 r State Assembly 43 r State Assembly 47 r State Assembly 51 r State Assembly 55 r State Assembly 59 r" State Assembly 63 r State Assembly 67 r- State Assembly 71 r State Assembly 75 r State Assembly 79 r State Assembly 04 r State Assembly 08 r State Assembly 12 r State Assembly 16 r State Assembly 20 F State Assembly 24 r State Assembly 28 r State Assembly 32 F State Assembly 36 r State Assembly 40 r State Assembly 44 F State Assembly 48 r State Assembly 52 r State Assembly 56 F State Assembly 60 r State Assembly 64 F State Assembly 68 r State Assembly 72 r State Assembly 76 r" State Assembly 80 Select one or more of the California Congressional Districts where the proposed project activities will occur. Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s). r- Congressional District 1 r- Congressional District 4 F ongressional District 7 r" Congressional District 10 r Congressional District 13 r Congressional District 16 I` Congressional District 19 F ongressional District 2 F- Congressional District 5 r Congressional District 8 r Congressional District 11 r Congressional District 14 r Congressional District 17 r Congressional District 20 F Congressional District 3 r Congressional District 6 I Congressional District 9 r" Congressional District 12 F Congressional District 15 r" Congressional District 18 r- Congressional District 21 Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 31 of 37 4. EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan F- Congressional District 22 f` Congressional District 25 r- Congressional District 28 F Congressional District 31 F- Congressional District 34 r Congressional District 37 r Congressional District 40 r" Congressional District 43 r- Congressional District 46 f! Congressional District 49 I- Congressional District 52 F- Congressional District 23 r` Congressional District 26 f- Congressional District 29 r" Congressional District 32 r Congressional District 35 r" Congressional District 38 r` Congressional District 41 f- District 44 r- Congressional District 47 r- Congressional District 50 r Congressional District 53 r- Congressional District 24 f- Congressional District 27 r Congressional District 30 F Congressional District 33 F Congressional District 36 r Congressional District 39 17- Congressional District 42 F- Congressional District 45 rv- Congressional District 48 (Congressional District 51 County Select one or more of the California Counties where the proposed project activities will occur. r- Alameda r" Alpine r Amador f- Butte r Calaveras F Colusa F ontra Costa r Del Norte r EI Dorado r Fresno r- Glenn r` Humboldt r- Imperial r- I nyo f- Kern f Kings F Lake r Lassen F os Angeles I- Madera r Marin r` Mariposa r- Mendocino 1- Merced r Modoc r Mono r Monterey r Napa r` Nevada r Orange r Placer r Plumas r- Riverside r Sacramento r San Benito f San Bernardino r- San Diego r San Francisco r San Joaquin f San Luis r- San Mateo f-SantaBarbara Obispo r- Santa Clara r- Santa Cruz r- Shasta r` Sierra 17- Siskiyou r Solano r-Sonomar- Stanislaus r` Sutter r Tehama r Trinity f Tulare r- Tuolumne r" Ventura r Yolo r` Yuba Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 32 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan 1. Legal authority to remove abandoned vessels The City of Newport Beach is the lead agency in Newport Harbor, according to State of California Tidelands Grant Section 1, Chapter 74, Statutes of 1978, and partners with the Orange County Sheriffs Department to enforce boating safety. The O.C. Sheriffs Department Harbor Patrol has jurisdiction in Newport Harbor according to Harbors and Navigation Code 510. 2. Agency Experience As one of the largest small craft recreational harbors on the west coast, Newport Harbor welcomes and serves transient and local boaters alike. However, over the years, some boaters have found themselves financially unable to maintain their vessels, opting to turn in their vessel or simply letting the vessel become derelict and/or abandoned. Transient boaters frequently abandon vessels in Newport Harbor with the idea that the local agencies will remediate the blight. The City of Newport Beach has previously received funding for VTIP and AWAF through multiple grant cycles. In FY 2014-2016, the City received $125,700. In FY 2017 - 2019, the City received $125,000 in SAVE Grant aid. Apart from serving the needs of the Newport Harbor, the City works with the County of Orange to abate vessels from coastal waterways and receive turn -ins from the local inland areas and other counties. The City is seeking an increase in funds in order to further assist the many boat owners who are unable to financially maintain their boats and are currently on a waitlist for VTIP. Current remaining SAVE Grant funds only suffice for at risk Abandoned and Derelict Vessels (ADV) that have the potential to sink and are currently occupying space on City moorings and dingy racks, inhibiting further public use of moorings and dingy racks. City of Newport Beach staff has extensive experience working with boaters as they request assistance turning in vessels. Due to the cost of hauling out and maintenance, some boaters resort to abandoning their vessels. In those cases, the City of Newport Beach takes action to relocate, investigate the case and ultimately demolish the vessels. The current SAVE agreement between the City and the State is nearly exhausted. At this time, there are approximately 10 impounded and abandoned boats that the City will demolish pending a new grant agreement. In addition, there are numerous parties on waitlist who have expressed interest in taking advantage of the VTIP program should the City receive additional funding. 3 a. Adjudication Procedures - Identifying ADV's The City of Newport Beach's Harbor Department along with the OC Sheriffs Department Harbor Patrol work to identify problem vessels and make contact with the vessel owners. Staff will determine whether the vessel can be brought into compliance and vessel owners are encouraged to work on their vessels. Other vessels that are inoperable and not seaworthy are also solicited for the VTIP program. City Harbor Department staff patrol the waters of Newport Harbor and identify vessel condition and ownership. The City Harbor Department staff enforce Newport Beach Municipal Code Chapter 17, also known as the Harbor Code. Since using the SAVE grant, the intensity of abandoned vessels have decreased due to the VTIP option. Staff encourages owners of derelict and neglected vessels to turn in their vessels, and make the process as easy as possible for those owners. However, there are instances when vessels are abandoned in the public anchorage, piers and mooring fields. 3 b. Adjudication Procedures - Removal Process Large vessels that are abandoned or impounded are secured and locked to an offshore mooring. Small crafts are hauled into dry storage. Staff attempts notification to the last owner for all vessels with identification markings (CF Numbers or federal registration), especially those valued over $1,500. Small crafts such as dinghies, rowboats, kayaks and other non -registered craft are auctioned to the public on a regular basis. 3 c. Adjudication Procedures - Lien proceedures The City follows a multi -step adjudication process. The process begins by requesting vessel information from the Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 33 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan Police Department's DMV information log, in attempts to identify the registered owner of the vessel. Once the City obtains the registered owner's name and address, the City notifies the owner, via certified mail, that their vessel has been impounded due to code enforcement violations or for abandonment. After at least 30 days and up to 90 days, if the registered owner has not contacted the City, the vessel is prepared for a lien sale. For vessels with a value over $1,500, the City submits a DMV Application for Lien Sale Authorization. In addition, the City notified the owner and any interested parties of a pending Lien Sale, in addition to outlining how the vessel may be claimed before the auction. The City then advertises the upcoming auction on the City's website and in local newspapers. On the auction date, if the vessel is sold, the City holds the property for 10 days before releasing it to the buyer. If the vessel is not sold, then bids are collected from our contractors for its destruction and removal. 3 d. Adjudication Procedures - Destruction of Vessels The City's grant funding is used specifically for the destruction and removal of larger vessels that are costly and have had DMV or USCG documentation records. Following the auction, if a vessel is not sold and has a clear title, the City requests bids from qualified contractors for the vessel's destruction. The City then moves forward with the lowest qualifying bid and authorizes the destruction. 4 a. Vessel Registration Does your agency regularly check vessels in your AOR for current registrations? ( Yes r No 4 b. Agency prevention efforts of abandoned vessels The City of Newport Beach Harbor Department staff works with the boating community to keep vessels seaworthy and operable. Harbor Department staff conducts patrols of the offshore mooring field, anchorage, public piers and marinas, actively inspecting vessel conditions. Staff investigates reports of distressed vessels and when issues of concern are discovered, they make contact with owner on record. All mooring permittees are required to submit proof of vessel insurance. All short-term mooring renters and marina slip tenants are also required to demonstrate proof of insurance. Annually, mooring live-aboards are required to demonstrate vessel operability and seaworthiness, as well as showing that the holding tank is in good working order and free of leaks. The Newport Beach Harbor Commission supports staff in the identification and remediation of problem vessels. Contract # C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 34 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan 3. Application Questionnaire Does your agency have an active local enforcement program tasked with (; Yes r No addressing abandoned vessels in your jurisdiction? If yes, explain in detail. If no, elaborate on City Harbor Department staff works with the City Code your agency's efforts to create a program Enforcement staff to identify vessels that may be a potential or or if you utilize enforcement services from existing problem. Owners are notified to bring vessels into another agency and how. compliance or utilize VTIP. Owners may be issued a Notice of Violation if they fail to bring vessels into compliance. Other vessels that are abandoned or have no identifiable owner are put in line for AWAF. Vessel condition is taken into I image i—f age Va dT - consideration when prioritizing enforcement and use of SAVE funds for demolition. Those vessels at risk of sinking or which represent other hazardous conditions are always given priority. 2• Does your agency have a submerged navigational hazard abatement plan to Yes r No (SNHAP)? This may include: 1) An established internal process outlining procedures to prevent, mitigate and process abandoned vessels; 2) Bylaws, regulations, or ordinances that help prevent or mitigate abandoned vessels. If Yes, provide plan documentation. Upload Submerged Navigational Hazard Abatement Plan (SNHAP) documents here. SNHAP Documentation Title Attachment City of Newport Beach Municipal Code - Harbor 22550_0_NB Municipal Code le If No, explain your agency's efforts to create a SNHAP and anticipated date of effect. 3• List by name and size the bodies of water or waterways in your agency's area of responsibility. If you wish to add maps or photos, please click on the BLUE arrow below to upload. Name Size Attachment Newport Harbor Resources Map 800 Acres 22555 0 MAP Newport Harbor Main Map 2255p Newport Harbor Satellite Image 22555 2 Satel I image i—f age Va dT - 4. To provide additional information, please click on the Blue Arrow to add an attachment Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 35 of 37 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan 1. Outreach / Advertising plan for implementing and / or increase the Vessel Turn -In Program The Newport Beach City Council and Harbor Commission have an active interest in the condition of vessels in Newport Harbor. Staff regularly reports to Council and Commission on the progress or remediating derelict vessels from the Harbor and those either trailered or towed for disposal. Interested parties contact staff directly. The DBW SAVE Grant webpage directs people to contact the City on the webpage. In the coming year, along with additional funding, the City would like to set aside a portion of the SAVE Grant to specifically service VTIP vessels. The City has prepared a webpage and flyers for further outreach. The City will also order VTIP flyers from the Division of Boating and Waterways. Newport Harbor is home to 1,200 moorings, 1,200 residential piers, dry storage and 60 marinas. There is a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problem vessels clears the mooring field, marinas and docks, creating more open space for recreation and providing more availability for new boaters to store vessels in Newport harbor. The City certainly works to remediate issues specific to Newport Harbor, yet accepts vessels from the surrounding area. City staff understands that the grant funding should not only be used in our Harbor, but also assist the boating community in our county's region, as a whole. Attachments: 2. Administrative Information Screenshot of Unpublished VTIP Webpage DRAFT City VTIP Flyer Please state if you will accept surrendered vessels only within Area of Responsibility (AOR) or if you will accept outside Area of Responsibility requests r Within AOR Pi Within and Outside AOR 2• Identify schedule for accepting surrendered vessels r Daily r --Weekly r Monthly r As Needed 3. Location where vessels will be accepted f Agency Office r Local Landfill r Pickup by Agency or (: As Needed [Agency Salvager Office/Pickup by Agency or Salvager] 4. Storage area: Does your agency have a storage area for surrendered (r^ Yes r No vessels pending destruction? If Yes, identify the type of storage area r Water �i Land Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 36 of 37 1 EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan Applicant Certification Per Harbors and Navigation Code 525 (C) 'A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant." This matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW. These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage. Grant monies WILL NOT be reimbursed by DBW unless 10% of each reimbursement claim is met. a. Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b. r� I certify that I am the person authorized to submit this application on behalf of the applicant. Prepared by: Name: Melanie Franceschini Date: 04/12/2019 Reviewed by: Name: Kurt Borsting Date: 04/12/2019 Approving Officer: Name: Carol Jacobs Date: 04/12/2019 Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020, Date: 12/20/2019 Page: 37 of 37 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; the foregoing resolution, being Resolution No. 2020-7, 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 January, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of January, 2020. aa� 0�,twx,41_ Leilani I. Brown City Clerk Newport Beach, California �L/FOvkN;