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Home My WebLink About07 - PSA for Marina Management Services at Marina ParkTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 27, 2015 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave A. Webb, Public Works Director - 949-644-3311, dwebb@newportbeachca.gov PREPARED BY: Shannon L. Levin, Harbor Analyst PHONE: 949-644-3041 Professional Services Agreement with Basin Marine, Inc. for Marina TITLE: Management Services at Marina Park ABSTRACT: The City's new Marina Facility at Marina Park will be a visitor friendly marina consisting of 23 visitor -serving slips; vessel serving landside amenities for guest use including restrooms, showers, laundry; dinghy launch and storage racks to serve City Mooring permittees. Staff has explored many options for the new Marina Facility staffing and management and evaluated the fair market rates for overnight slip rentals. Staff is recommending approval of a Professional Services Agreement with Basin Marine, Inc. to operate the marina, a standard rental agreement for transient users and approval of the slip rental rates. RECOMMENDATION: a) Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park for $367,200 for two years; b) Approve Resolution No. 2015-90, A Resolution of the City Council of the City of Newport Beach, California, Setting Fair Market Value Rent for Transient Boat Slips at Marina Park; and c) Approve Resolution No. 2015-91, A Resolution of the City Council of the City of Newport Beach, California, Approving a Model Guest Slip Agreement for Short Term Slip Rentals at Marina Park. Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park October 27, 2015 Page 2 FUNDING REQUIREMENTS: The current budget includes sufficient funding for marina management for the remainder of the fiscal year. Contract staffing will be expensed to the Professional -Technical account in the Harbor Resources Division. Funding for the remainder of the term, July 2016 through November 2017 will be expensed through the Harbor Resources Division Professional -Technical account as allotted in the FY16-17 and FY17-18 budgets for $183,600 and $61,200 respectively. The agreement term is for two calendar years which spans over three fiscal years. Account Description FY 15-16 FY16-17 FY17-18 Harbor Resources Division Professional -Technical $122,400 $183,600 $61,200 Marina rental revenue will be deposited to the Tidelands Fund to offset management costs and fund other projects in the harbor. At half occupancy for a 52-week period, staff estimates the revenue will be $250,000. If the marina were to obtain full occupancy, the revenue would be $500,000. DISCUSSION: The 23 visitor slips at Marina Park are the first of its kind in Newport Harbor, meeting the demand for visitor accommodations and public access. Site Management and Staffing The services required for marina management at Marina Park will require a formal management, supervision and maintenance program. This will include a continuous level of customer service, concierge, reservations, insurance verification, light maintenance, daily inspections of marina and visitor facilities, janitorial and porter duties, dingy duties, operation of sanitary sewage pumpout, and general safety. Marina Park will offer full amenities and utility hookups to boaters. Though other short- term stays in Newport Harbor are available, no other marina has dedicated dock attendants and its on-line reservation systems will meet the growing trend. The facility is equipped with visitor -serving laundry, shower and restroom facilities. Other public options to stay aboard one's vessel include the free anchorage and short-term stays aboard low-cost mooring rentals. In the summer of 2015, staff issued a Request for Proposals for marina management at Marina Park. The City received only one proposal and it was deemed to be severely incomplete and non-responsive. Staff reevaluated the scope of work and other options including in-house staffing, part time employees, and temporary employees. With the 7-2 Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park October 27, 2015 Page 3 upcoming opening of the Park, Community Center and Marina, staff contacted Basin Marine, Inc. (Basin Marine), a local service provider who is currently under contract to manage the City's Balboa Yacht Basin. Basin Marine has a strong reputation in the boating industry and in Newport Harbor. Staff asked Basin Marine to submit a customized, relatively short term proposal based on the anticipated needs of the new Marina. In September, Basin Marine submitted a proposal. Staff negotiated an annual compensation of $183,600. Contracting with Basin Marine would incorporate both City marinas under one provider, although using two separate agreements because of the different service models and terms. The term for marina management at Marina Park will be a relatively short two- year period as the City learns and adjusts the methods and services to maximize the public use and benefit. During the two years period, staff will evaluate the management and marina demands, and will propose the next course of action for marina management at Marina Park. Rent Visiting boaters have a few options for transient rentals in Newport Harbor. A small number of marinas offer short-term stays based upon availability in the marina. Mooring rentals are available to the public for $26 per night in the summer and $16 per night in the winter. The anchorage off the east end of Lido is a free option to boaters with a five - night maximum per 30 days. Marina Park offers visitors a stay up to 30 days. Unlike the moorings and anchorage options, Marina Park offers full amenities for slip tenants: Wi-Fi, laundry, showers and restrooms, water and electrical, sanitary sewer pumpouts, on-site restaurant, and parking. Staff studied rental rates for the transient slips at Marina Park. According to Council Policy F-7, all rents and fees over City of Newport Beach (City) tidelands shall be based upon appraisals or similar techniques. During the summer of 2015, staff contracted with George Jones who produced a survey of transient slips between Ventura and San Diego, California (Attachment C). Jones' survey reports rental rates are between $1.25 and $1.50 per linear foot in marinas with full amenities. Staff recommends rental rates be $1.50 per foot per slip, plus $1.50 per foot overhanging, and metered electricity. At $1.50 per foot the rate for a 40 -foot slip is $60.00 per night and $82.50 per night for a 55 -foot slip. Staff believes the $1.50 rate is a fair market rate and remains affordable to the visiting public. As previously mentioned, other lower cost options are publicly available. Projected revenues offset management costs. Additionally, tenants who choose to use electricity, which shall be available and metered at each slip, will be charged for their actual consumption. 7-3 Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park October 27, 2015 Page 4 Marina rental revenue will be deposited to the Tidelands Fund to offset management costs and continue to contribute to harbor projects. Staff will evaluate occupancy, market trends and conduct a comprehensive rent evaluation every five years. Rents are subject to annual CPI adjustment starting January 2017. Rental Agreement Marina occupancy is subject to the conditions of the Marina Park Transient Rental Agreement (Rental Agreement). Many conditions of the Rental Agreement (Attachment D) are industry standard and others specific to the City. Some standard terms include: identity of vessel owner, crew and other users; term of stay; slip rent and deposit; size restrictions; and discharge of waste and hazardous materials. The City specifically requires insurance with indemnity liability coverage no less than $500,000 per occurrence. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park Attachment B — Resolution 2015- Marina Park Slip Rental Attachment C — Marina Park Guest Slip Survey Attachment D — Resolution 2015- Marina Park Slip Rental Agreement 7-4 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH BASIN MARINE, INC. FOR MARINA MANAGEMENT AT MARINA PARK THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 27th day of October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BASIN MARINE, INC., a California corporation ("Consultant"), whose address is 829 Harbor Island Drive, Suite A, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant for marina management services for Marina Park ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on October 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 7-5 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty Seven Thousand Two Hundred Dollars and 00/100 ($367,200.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Basin Marine, Inc. Page 2 7-6 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David New to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. Basin Marine, Inc. Page 3 7-7 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Basin Marine, Inc. Page 4 UN Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Basin Marine, Inc. Page 5 7-9 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Basin Marine, Inc. Page 6 7-10 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Basin Marine, Inc. Page 7 7-11 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: David New Basin Marine, Inc. 829 Harbor Island Drive, Suite A Newport Beach, CA 92660 Basin Marine, Inc. Page 8 7-12 26. C LAI M S Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and Basin Marine, Inc. Page 9 7-13 requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Basin Marine, Inc. Page 10 7-14 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Basin Marine, Inc. Page 11 7-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY' O FE Date: 10 J 3 1 By: Aaron C. Harp o'm ►alioliv City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Edward D. Selich Mayor CONSULTANT: Basin California corporation Date: Bv: David L. New President Date: By: Marine, Inc., a Derek J. New Secretary/TreasurerNice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Basin Marine, Inc. Page 12 7-16 EXHIBIT SCOPE OF SERVICES Basin Marine, Inc. Page A-1 7-17 EXHIBIT A SCOPE OF SERVICES MARINA MANAGEMENT AT MARINA PARK ADMINISTRATION DAVE NEW and DEREK NEW (Contract Director/Manager/Dock Master) • Operate and manage the City's marina (consisting of 23 visitor -servicing slips, two small sailing basins programmed by the City's Recreation Department, and one 200' dock) at Marina Park and the associated facilities and services. o Provide staffing meeting the requirements as set forth in the contract • Maintain the Marina as a Clean Marina, per the program objectives and standards as set forth at www.cleanmarina.org. • Maintain regular updates with Harbor Resources staff on the status of the marina, and coordinate closely with the Finance Department. o Interface with City officials, Fire Department, etc. • Consult and assist in the implementation of the new policies, procedures, and practicality of operations. LISA STEELE (Office Personnel) • Assist City in creating policies and procedures for marina management focused on visiting and temporary occupancy. o Assist in the implementation of City -provided software program for marina layout, reservations, billing, and collection of fees, contract signatures, insurance requirements, and record keeping. o Assist in the creation of procedures and policies for the dock workers by helping to review requirements and providing a detailed job description. o Be flexible in providing assistance in a new environment where constant change will be the norm. o Establish an approved dialogue/script for general inquiries and concerns o Provide written procedures for the personnel WE • Review reservations, process payments (credit card, online), and validate insurance according to City policies. o Assist dock workers in these tasks as deemed necessary. • Assign slips to visiting vessels. o Assist dock workers in these tasks as deemed necessary. • Maintain daily records of vessels and boaters at Marina Park o Have access to daily reports and oversee reservations o Assist dock worker in these tasks as deemed necessary • Generate reports detailing marina use, collections, occupancy, etc. o Using the City provided software, provide all necessary reporting, balancing, and information required by the City. • Establish and maintain satisfactory and professional working relationships with boaters, yachtsmen, government officials, marina users, and the general public. RYAN SANFORD & OTHERS (Dock Personnel/To Be Determined) • Create a safe, welcoming, and customer service -focused atmosphere. o Professional appearance and uniformed for easy identification. o Be trained/licensed in boating safety. o Knowledge of nautical terms, and have boating experience. o Greet customers upon arrival; assist with tying up boats. o Be knowledgeable of what amenities are available and offer assistance. o Keep docks clean, free of debris, spills, and any hazards. • Review reservations, process payments (credit card, NO CASH, online), and validate insurance according to City policies. o Review reservations and coordinate schedules with online reservations and City events. Make necessary changes and accommodations as required. o Validate insurance and registration paperwork upon vessel arrival according to City policies. • Assist visiting boaters with online/phone/in-person reservations, check-in/out, and arrivals. o Be courteous, helpful and efficient in dealing with the customers. o Efficiency in being able to anticipate best scenario for the boater, assigning correct size, position, etc. depending on boat length, type and varying dimensions. 7-19 o Anticipate changing scenarios taking holidays, events, and other variables into account. • Maintain daily records of vessels and boaters at Marina Park. o Keep all records current and complete on a daily basis being able to provide current lists of reservations and occupancy. • Utilize City -provided marina software for reservations, billing and record keeping. o Attend training sessions to become proficient in software. o Comply with all requirements of City personnel in operating software. • Respond to public inquiries regarding available slip rentals, rates, rules and regulations, weather conditions, and general information regarding Newport Harbor. o Be able to professionally answer telephones and respond to inquiries. o Be knowledgeable of rules and regulations, available amenities, and services provided. o Keep updated daily on weather conditions as well as tides and other important factors for boaters' safety. o Be able to refer them to other sources for information or assistance if needed • Be experienced in boating customs, terminology and have knowledge of Newport Beach and Newport Harbor. o Have extensive knowledge of boating customs and know the proper nautical nomenclature, being able to correctly refer in giving directions, discussions, and assistance. o Be familiar with and have knowledge of Newport Beach and Newport Harbor to be able to provide information on restaurants, stores, entertainment, rental information and general helpful information providing assistance to people who are unfamiliar with the area. o Assist in their stay being comfortable and enjoyable • Be knowledgeable of City Ordinances, Municipal Code, and applicable state laws pertaining to safe and efficient work practices related to marina duties. o Comply with all rules and regulations pertaining to marina duties • Communicate with the public and enforce rules and regulations in a tactful and impartial manner. o Having knowledge of the rules and regulations; be able to effectively communicate them to tenants being tactful, and impartial while maintaining authority. o Know standard protocol when to call authorities for assistance. 7-20 • Operate a vehicle/boat in a safe and effective manner in order to assist customers or perform other related duties. Provide assistance and direction to visitors for local amenities. o NOTE: Will not operate any vehicle or boat other than City owned. o Ability to safely operate a City owned boat/vehicle. o Knowledge/familiarity of local area and amenities and give referrals. • Establish and maintain satisfactory and professional working relationships with boaters, yachtsmen, government officials, marina users, and the general public. o At all times, maintain professionalism, be courteous, enthusiastic, knowledgeable, and helpful. STAFFING • Provide sufficient and qualified staff to provide top-notch customer service both in the marina environment and in the office. • City expects marina staff to be flexible between performing both office work and work in the marina environment. o Personnel will be trained to be able to accept reservations, accept credit cards, obtain necessary documentation as well as perform dock duties. • Regular staffing should be at least one person per day with the option for additional persons o Two•(2) dock persons shall cover the seven (7) days a week during light hours and overtime as required. o Clerical personnel shall also be required to maintain records. • Marina Park slips are open and available to public seven (7) days a week. Service during most of the daylight hours is preferred. Propose general hours of service with flexibility for peak season, holidays, etc. For example, may opt for eight (8) hours a day, seven (7) days a week with increased service during summer months, Christmas Boat Parade, etc. Twenty-four (24)/ seven (7) service is not required. o As stated above, this will require two dock personnel. eCnl/IA-re • Ensure proper care, safety of boating customers, and their property while securing and releasing dock lines during arrival and departure from Marina Park. 7-21 • Monitor radio to remain in constant contact with boaters, Harbor Patrol, supervisor(s), and respond to inquiries. o Personnel shall have VHF radio skills and monitor station at all times. • Perform dye testing on visiting vessel holding tanks, and ensure vessel has a closed sewage system (Y -valve closed) while in the marina. o City shall provide dye tablets and dock personnel shall perform testing on every vessel. o Dock personnel shall be made aware of mandatory protocol to ask "permission to come aboard" and other applicable procedures according to boating etiquette. • Enforce rules by patrolling and safeguarding marine facilities. MAINTENANCE • Walk the premises daily, monitor dock, seawall and piling conditions. • Keep marina free of debris and keep dock carts in order. • Remove and dispose of refuse, waste oil, and any other waste. • Staff shall have the ability to work with tools. Perform as -needed minor maintenance work on marina/facility such as repairing rub rail and leaking hose bibs, cleaning docks, securing hoses and lines, etc. • operate in -slip pumpout equipment. Assist with vessel pumpouts for visiting vessels. Hose cart is mobile and the marina is equipped with shared pumpout access for every two slips. Provider must be able to pumpout and maneuver cart throughout the marina. • Check parking lot, restrooms, showers, laundry facility for cleanliness on a daily basis or more often as needed. o Wipe down hand rails daily. • Coordinate with City's janitorial service for restroom, shower, and laundry room cleaning. • Assist with special events preparation and perform light custodial tasks. OTHER DUTIES • Ability to operate crane hoist (City shall provide training.) • May retrieve in -harbor debris after storm events. • Inspect and clean public docks during slower periods or as needed. • Performs other related work as needed. 7-22 SAMPLE DAILY WORK PLAN • Walk all docks (including sailing program) make sure that premises are clean, free of debris and all is in order. • Check parking lot, restrooms, showers, and laundry facility for cleanliness. • Report any vandalism or concerns to City officials. • Clean dock carts and keep in order. • Empty trash and straighten any dock equipment. • Remove and dispose of refuse, waste oil, and any other waste. • Check weather and tides and post in visible area. • Open and close offices as needed. • Office work: Check messages, return phone calls/emails, etc. • Verify vessels are in their proper, assigned slips. • Interface with current customers, check to see that all needs are met and answer any questions. • Complete paperwork according to procedures implemented. • Monitor VHF radio, remaining in constant contact with boaters, Harbor Patrol, and supervisors. • Assist with new arrivals, tying them up, obtaining proper documentation as per procedures. • Assist with power hook ups, providing correct voltage, etc. • Perform dye testing and head pumping duties as required. • Perform maintenance repairs as required. • Check with City personnel to see if there are any other issues that need addressing. • Close up, securing all as per procedures. ADDITIONAL SERVICES The following additional services are separate from monthly management services, and shall be invoiced separately from the monthly management fees. It is anticipated that the City will provide materials for the maintenance and management of the Marina. Any additional materials or services deemed necessary shall be approved by the City's Project Manager or his/her designee prior to commencement of work. Other work or services needed from an outside Contractor may include, but not be limited to, electrical, plumbing or carpentry on an as -needed basis as approved by the City. Any materials required for operations maintenance as approved by the City. 7-23 EXHIBIT B SCHEDULE OF BILLING RATES Basin Marine, Inc. Page B-1 7-24 PRICING CITY OF NEWPORT BEACH Marina Management at Marina Park September 2015 Services Monthly Cost Contract Director/Manager (Dock Master) Dave New and Derek New $ 2,750.00 Office Personnel — Part Time Clerical $ 1,050.00 Field Personnel - 1 Hourly, Taxes, Health Insurance, Overtime, Vacations, Holidays, and Sick Pay $ 4,500.00 Field Personnel - 2 $ 4,500.00 Employee Insurance Costs: Worker's Compensation and Additional Insurance/Compliance Requirements $ 2,250.00 Equipment/Uniforms/Training $ 250.00 Total Monthly Cost: $ 15,300.00 Total Annual Cost $1839600.00 13 7-25 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Basin Marine, Inc. Page C-1 7-26 D. Pollution Liabilitv Insurance. Consultant shall maintain a policy providing contractor's pollution liability ("CPL") insurance coverage with limits of at least one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) general aggregate. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial Basin Marine, Inc. Page C-2 7-27 additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Basin Marine, Inc. Page C-3 7-28 ATTACHMENT B RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FAIR MARKET VALUE RENT FOR TRANSIENT BOAT SLIPS AT MARINA PARK WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City is the owner of that certain land located at 1600 West Balboa Boulevard, Newport Beach, California 92663 and commonly known as Marina Park ("Marina"); WHEREAS, the Marina adjoins Newport Harbor and includes twenty three (23) transient boat slips for the berthing of vessels ("Marina Slips"); WHEREAS, Section 1(b) of the Beacon Bay Bill and Section 17.60.060 of the Newport Beach Municipal Code ("NBMC") allow the City to authorize third parties to use tidelands located within the City's limits, including the Marina Slips; WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, and City Council Policy F -7(D) require the City to receive fair market value rent from third parties using the tidelands; WHEREAS, the City Council has the exclusive discretion to determine fair market value rent based in part upon the findings of a City -selected appraiser; WHEREAS, an appraisal report by George Hamilton Jones, Inc. was prepared and delivered to the City and has been reviewed and considered by the City Council, that report is part of the record for this matter; and WHEREAS, the City Council has considered all documents and comments in the record in connection with this resolution and the setting of fair market value rent for the Marina Slips. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 2: The City Council finds that the fair market value rent provisions contained in the attached Transient Slip Rent Calculations, which is incorporated by reference, provide for the charging of fair market value rent and that the rental rate in -1- 7-29 the attachment constitute fair market value rent for the Marina Slips located at the Marina, which findings are made by the City Council in its exclusive discretion but are based in part upon the information in the appraisal report prepared by George Hamilton Jones, Inc. and, in addition, on other testimony and documents in the record for this matter. The City Council further finds and determines the rent for Marina Slips, operating under a rental agreement, shall be set in accordance with the attached Transient Slip Rent Calculations. Section 3: The City Council finds the setting of fair market value rent for the Marina Slips is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the setting of fair market value rent for the Marina Slips is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the fair market value rent contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, the City Council finds the setting of fair market value rent for the Marina Slips is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent established by the City Council will be used to meet operating expenses within the tidelands. Lastly, the City Council finds the setting of fair market value rent for the Marina Slips is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. 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: 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 day of , 2015. ATTEST: Edward D. Selich, Mayor -2- 7-30 Leilani I. Brown, City Clerk Attachment A — Transient Slip Rent Calculations -3- 7-31 Transient Slip Rent Calculations Marina Park Slip Rental Beginning on October 28, 2015, Marina Park transient boaters shall pay as fair market value rent Sixty Dollars ($60) per night at forty foot (40') slips and Eighty -Two Dollar and Fifty Cents ($82.50) per night at fifty-five foot (55') slips. Electricity and other utilities shall be metered and renters shall pay for the amount of utilities used based upon the then cost of the utilities used. In 7-32 Date of Survey: ATTACHMENT C CITY OF NEWPORT BEACH MARINA PARK GUEST SLIP STUDY Submitted To: Mr. Chris Miller August 14, 2015 Newport Harbor Manager 100 Civic Center Drive Our File No.: 615-1 City of Newport Beach, CA 92660 Submitted By: George Hamilton Jones, Inc. 7-33 Location Map Frader I.C. } bre l{ 1 Angeles National Fwezt Quartz to Ord Mo f—, In Adelanro /ploValley E � to VirrrvuillF rAire Monte f ts. S.1.1 CUrit JJ�Fiesperia ng SantyPaula San Gabriel Mnuntuim W hlwood cntur '_`� Simi1[aIl4Y'Re. Camarillo tr p La Canada Mountwihon Mwmtson aeq Crestline V H ridge Anro o Big Bear Lake Oxnard _ , �. 70,0" ft sari eema dino mmtanaf r Thousand aks �� le A4onrrsvia Rancho SaneemodinoMaunraurc Port Hueneme samo Mon+ra Ago Milli ' rca iso �C Mlgddand Mounminz est H01% ria ° ga EI Mo to San Bernardi Top -g. Lootput me �ntar ltazs Son Gorg— Malihu st �� Covina ntal w a Mountain � Santa Mon as a bh dpu�J iPa n.avg ry Flprrnce �-r 111g1 O Be hi Mai Riverti e, Narnr:gn irada V rha Linda co V!l11ry �srtmK� -• dome siq_ Poway aa+R�a 'fR 7lll + U S us Mary Mihrory . I :n,.,*Cr7 Santee u 7arran y TI Jamul jF West no Garden z.i San Jacinto Rancho Palos nGs a Cleveland Hemet Verdes fz: Noliw+ol .q,f Farezf v © e 111. Lake Esti ora Costa e" M- Viejo ; " yyi Newport Beach Lagurre sanfoA-Maunrmu Mur a Nigu ! irme ula Dana int B San C hte y hrountO i:oLw COTE, FalRlronk Rendreran porn Avalon Marine CuP, �R ease Bonsall Rn,o:n Lo �oRo IR. 7R 7-34 Escondido a fnci tris �• son Rosemont Solaneuh oenente siq_ Poway aa+R�a 'fR ' fslnnd + U S us Mary Mihrory . I Sforion Reservr+finn Santee u sari ClOnenfe y TI Jamul San D' G, Chug VTI It Imperial &each .rzs zo Tijuana 4 fz: 7-34 milGEORGE HAMILTON JONES Inc. Raaf Estate Appraisers & Consultants August 10, 2015 Mr. Chris Miller Newport Harbor Manager 100 Civic Center Drive City of Newport Beach, CA 92660 Re: Marina Park Guest Slip Study Dear Mr. Miller, George Jones Direct Dial (949) 673-6733 x 11 george@ghj-inc.com In accordance with your request and authorization by contract #6206 and Professional Service Agreement dated May 19, 2015, we have carried out a survey of guest slip rates being received for representative marinas within Newport Harbor and other ports from Santa Barbara to San Diego. The information received was attempted to be selected as to be of assistance to the judgment of transient slip rates appropriate to the Marina Park Marina. As proposed, this facility will contain 23 transient slips which will accommodate boats up to 40 -feet in length and two side ties of 57 -feet in length. The marina will include restrooms, showers, laundry, boat pump -out services, necessary utilities and other amenities. Within the following individual survey slips you will note what we believe to be the significant inquiries made. They include, in part, the following: 1. Price per night based upon lineal foot of slip or boat, which ever is greater. 2. Price for boat length only. 3. Each slip with an established price per night rate. Boat owner chooses the slip most appropriate to his/her needs. 4. Are the rates varied seasonally. 5. Maximum term of occupancy. George Hamilton Jones, Inc. • 717 Lido Park Drive, Suite D • Newport Beach, CA 92663 Phone (949) 673-6733 • Fax (949) 673-6733 • www.georgehamiltonjonesinc.com 7-35 Mr. Chris Miller August 10, 2015 Page 2 of 2 While the investigation primarily concentrated on marinas within New Harbor, we have included those from Coronado to the south to Ventura Harbor to the north. There is an amazing consistency of transient/guest slip rates among this stretch of the coast. Especially in the larger marinas, transient slip space is not a significant contributor to the development of gross income. Further, the irregularity of demand associated to staff/administration time necessary to serve the tenants can be a detriment. However, some believe it to be an appropriate public accommodation. One marina has a low, $0.75 per foot per night rate on the premise that the transient tenant could later become a permanent slip lessee. Of the over 20 marinas reviewed, only four employed their rates on the cost per slip basis. All the others based their rates on a total boat length measurement. The per slip basis appears to be constructed around an equivalent of $1.00 to $1.50 per boat length per night formula. Most marinas require the boat owner to present registration documentation, picture identification and insurance coverage. Your attention is invited to the following summary of our findings, the survey slips and the location of the marinas reviewed. As requested, this is a survey only. This is not an appraisal nor should any opinion of mine be rendered or implied. Please do not hesitate to call if further clarification of these facts is needed or a discussion of the background information would be helpful. Respectfully submitted, r George FOones, MAT George Hamilton Jones, Inc. • 717 Lido Park Drive, Suite D • Newport Beach, CA 92663 Phone (949) 673-6733 • Fax (949) 673-6733 • www.georgehamiftonjones!nc.com 7-36 City of Newport Beach Transient Slip Survey Market Data Map 138 -- - Lucerne Johnson Vhelan eSgena Valley Valley tiJ ® is zai nMt San r� ee National Farest 1 O Anlono , y Iia i•' ` =i+ Sm dal _ Lenders jy &g Reel Lake I 19 Are* el eme L J1 San Bernardino Srtt�' Pe1•r1i�YII�UnY PloneerioWn NalrolkaJ Rttrealrorr Al ca National Forest Yucca Valley y +crccrlgv�p Srn Gorgonio rtge s landlt Mwmtau, Malibu Santa MO I a sno f° 602 Desert Hot AN raid Springs 6b. Jl Fes. W. ,, Palm Spnngs� San JacintoMr Sen Jacinto Ln ed , Hemet Palm Desert Indi La Quinta Area _ L'`*'°� r r , �• ir,.y, y rJ Santa Rosa and Sar Jacmtc Mountains Anza Area I - s Temecula ans o+m Two Harbors 1 � San:Clrite Palomar Calahna Island Mountain Essential Fish Habitat Area L Pauma Valley Warner Springs ";ego ¢e . Springs Ot:elinsl +ala r Area Es rdo Santa Ysabel ,a Julian Anza-B6rr, Desert Slat, r'. w San Clemente Zla - Island y7 Ml Laguna u:x '63 IYahcna7 Forest ♦ tiPsi V&Ney 4 Bnukrard 1G Vie ' (, Campo eS -,IL N 11Tijuane x Roslf,lo 1 Palm Valley GEORGE HAMILTON JONES, INC. 5 7-,V--37 City of Newport Beach Transient Slip Survey Market Data Map Jr n taT4 1 ee� Y i t.y1 jl errl.w-' S 4P7�'� i .-••'y •a • COrM.IM N - .a•Itlh>ri Area 1 1 N Area 2 GEORGE HAMILTON JONES, INC. 6 7-38 •I- Cahfomle Slelt TU--ily mom" w>nahe�m _ F. nnnneim F., • ,•i,t.� long Beach' .. Jf Old Benc n � v , i•:3l'+lnh"41h-n EMM I F.rh 5, 3 I r d+' Lung Beaclti T1•!I J a 11. 13 Y Flre _Apueiium , �•+ f 4J5 ynler�awr plea [ �: i SSelbn-•veil 6aaeh AN Seal Beach O I t ' . • SrN Neacl+NeM:`X W.Wtikichyn 1 N Area 2 GEORGE HAMILTON JONES, INC. 6 7-38 V.1111Y@ Irml pr YIA�eq. M Siwpinnq I:e.+tn d � E [Neph, rl•.�r � �IS[ A4tlallrw+l R:fnm Rnr .yQ- Aryl Sancta 0019 Ave f]Ylr u f'vinr,� .ni =iedr—i a ¢O 9 u° . hmt •ewr Ckw r m mst s.,rn a � Area 3 sof 7 ('ia[A firvk4 510c"Pw W"ouw •, G • Ymlorl f4aaf A :ire �tiydv n 1eWM $gIy Pi . fmaayr r �enr flnan Pin Pi •IxrL'° . {la�ra AouU Hat6n1 PT S X19 fArru �.V a Ymefn YYelehep >:m6a• fill r}/sn Nryr� 6 :ee 'i Area 4 GEORGE HAMILTON JONES, INC. 8 7-39 uerrn,. r•arM .+ wrr.rra.n 51 ArundeA S.Hurr SS Heret)rTgMI VWT IlftQrt • Ym1w4 fAnxla ti �inWp HprrV Pee4 + i17 a Ilerl♦1 PykH 1'rrlt! �� V.1111Y@ Irml pr YIA�eq. M Siwpinnq I:e.+tn d � E [Neph, rl•.�r � �IS[ A4tlallrw+l R:fnm Rnr .yQ- Aryl Sancta 0019 Ave f]Ylr u f'vinr,� .ni =iedr—i a ¢O 9 u° . hmt •ewr Ckw r m mst s.,rn a � Area 3 sof 7 ('ia[A firvk4 510c"Pw W"ouw •, G • Ymlorl f4aaf A :ire �tiydv n 1eWM $gIy Pi . fmaayr r �enr flnan Pin Pi •IxrL'° . {la�ra AouU Hat6n1 PT S X19 fArru �.V a Ymefn YYelehep >:m6a• fill r}/sn Nryr� 6 :ee 'i Area 4 GEORGE HAMILTON JONES, INC. 8 7-39 City of Newport Beach Transient Slip Survey Summer 2015 Item Marina Location No. $0.75 Back Bay: Not established Newport Dunes Marina 10 101 N. Bayside Drive Newport Beach Bayside Village Marina 11 300 E. Pacific Coast Highway Newport Beach Northerly: $1.15 Peter's Landing 12 16400 Pacific Coast Highway Based on availability. Sunset Beach NQ To -r Long Beach Marina - Rainbow Harbor 13 200 B. Aquarium Way $1.15 Long Beach 15 Days per month Long Beach Marina - Shoreline 14 450 E. Shoreline Road - Long Beach 20' - 100' Long Beach Marina - Alamitos Bay 15 205 N. Marina Drive Long Beach Kings Harbor Marina 16 208 Yacht Club Way Redondo Beach _ Ventura West Marina 17 1198 Navigator Drive Based on availability. Ventura Greater than 46'- $50.00 Ventura Isle Marina 18 1363 Spinnaker Drive Ventura Pertinent Guest Slip Rate per Night Per Boat Length F Per Slip Less than 31' - $50.00 - 32' - 37' - $60.00 Greater than 38' - $70.00 Less than 29' - $30.00 - 30'-39' -$40.00 40'- 50'- $70.00 Maximum Range of Slip Remarks ngth of Stav Sizes 3 Days 22'- 46' Based on availability. Four dedicated spaces. 30 Days up to 50' Based on availability. GEORGE HAMILTON JONES, INC. 9 7-40 Low pricing used to $0.75 - Not established 20'- 96' attract potential permanent tenants. $1.15 - 15 Days per month 30'- 45' Based on availability. NQ To -r $1.15 - 15 Days per month 30' - 60' Based on availability. $1.15 - 15 Days per month 20' - 100' Based on availability. Less than 28' - $20.00 29'-35' -$30.00 _ 36' - 45' - $40.00 30 Days 20' - 83' Based on availability. Greater than 46'- $50.00 Based on availability. $1.50 - 30 Days 20'- 80' Yacht Club limits stay durring peak season to 5-7 days. $1.50 - Two Weeks 25'- 95 Based on availability. GEORGE HAMILTON JONES, INC. 9 7-40 Beach Resort S� 1r1 X �. Koelper St . J ySt �20d m 8 `o, „ Danny Mobil 5 - - , �� Holiday Inn Oceanalde �. Worklmark Oceanside 'T Oceanside Broiler 's Riverside Or n Joe s Crab Shack South Harbor HPrbor hsh 6 Chips n Rockin' BeIn y �rf �JrA LobslH - COeSIPI . Q Area 5 0� GEORGE HAMILTON JONES, INC. 10 7-41 Z Ile San Diego .•ie..e, r co Perk v -. rl - NPS HeIeey Freta .r4 I nn. on sr rD '• o e tAIL _ r� ry Cwoneda oronedoO IS, Beeih . �C•• `"`i .�'^ 1L Harel tlN cormedo� �'t� - • National City 3 a 0� iw.cr1lnA rs •s x o zGl - �er��eae ar Nel�ennl , • /• t wne ee ZZ Chula Vista sn.er xrr,r.e sale lxe�n . L!r � Loewe GaZ—n aeY necwl - � „ } w Ch•�Ir Vlna•: NP„rer,,.I,.,eYe ,+�•p�eNalimnr _ 4 ww Area 6 wnerc;r�;9ero,. .r GEORGE HAMILTON JONES, INC. 10 7-41 City of Newport Beach Transient Slip Survey Summer 2015 Item Marina Location Pertinent Guest Slip Rate per Night Maximum Range of Slip Remarks No. Per Boat Length Per Slip Length of Sta Sizes Southerly: Dana Point Marina Company 19 34555 Casitas Drive $1.00 N V TCT 30 Days Peak 90 Days Off Peak 25'- 70' 36 slips dedicated to transient Dana Point slip rental. Oceanside Harbor $1.20 Peak 24 slips reserved, 20 1540 Harbor Drive North $0.80 Off Peak _ 30 Days 30' - 50' others as available. Oceanside ,�.�.r. W O California Yacht Marina - Glorietta Bay Usualy has four to five 21 1715 S. Strand Way $1.00 - Two Weeks 20'- 100' guest slips available Coronado out of 100. Loews Crown Isle Marina 22 4000 Coronado Bay Road $2.50 - Two - Three Weeks 20' - 70' Part of Hotel services. Coronado California Yacht Marina Less than 55' - $1.00 Two hours to access 23 640 Marina Park Way Greater than 56'- $1.50 _ 30 Days 20' - 55' ocean opening. Chula Vista GEORGE HAMILTON JONES, INC. 1 1 7-42 City of Newport Beach Transient Slip Survey Summer 2015 Item Pertinent Guest Slip Rate per Night Maximum Range of Slip Marina Location NO. I Per Boat Length Per Slip Length of Stav Sizes Newport Harbor: Ardell Marina Inc. 110 1 2101 W. Pacific Coast Highway, $1.00 - Few Days 20'- 90' Base on avbilability. Newport Beach American Legion Marina 2 215 15th Street $1.00 - 3 Days 81' Dock Members only. Newport Beach Lido Yacht Anchorage - Bellport Less than 50' - 3 151 Shipyard Way - $30.00 Greater than 51' $3 - 30 Days 20'- 135' Based on availability. Newport Beach Harbor Patrol/Marine Operations HQ 4 1901 Bayside Drive - $40.00 Not Established up to 40' Guest must sleep on Corona del Mar boat Nov. thru April. Harbor Tower Marina 1/30th of monthly rate 5 3335 W. Pacific Coast Highway $1.10 to $1.60 - Not Specified 20'- 69' Based on availability. Newport Beach Bayshore Marina 6 2572 Bayshore Drive $5.00 - Minimum 5 Days 20'- 83' Based on availability. Newport Beach Villa Cove Marina 7 1099 Bayside Drive $5.00 - Minimum 5 Days 22'- 60' Based on availability. Newport Beach Bayside Marina 8 1137 & 1135 Bayside Drive $5.00 - Minimum 5 Days 20'- 74' Based on availability. Newport Beach Balboa Marina 9 201 E. Coast Highway $5.00 - Minimum 5 Days 20'- 100' Based on availability. Newport Beach GEORGE HAM11 4 JONES, INC. 7-43 Transient Slip Survey 1 Ardell Marina, Inc. 2101 W. Coast Highway, Newport Beach Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Boat length Peak: $1.00 per foot Off-peak: $1.00 per foot 20' — 90' 50 None; as space is available Peak: Few days Off-peak: few days Amenities: Electricity, water, laundry, showers, parking and restroom Source: Gary Picketis of Ardell Marina. Phone: 949-642-1626, 7/31/15. GEORGE HAMILTON JONES, INC. 13 7-44 Transient Slip Survey 2 American Legion Marina 215 15'h Street, Newport Beach Basis of Rate: Boat length Rates per Night: Peak: $1.00 per foot Off-peak: $1.00 per foot Range of Slip Length: Side tie up to 81' Slip Capacity: 48 Dedicated Transient Slips: None; as space is available Maximum Length of Stay: Peak: 3 days Off-peak: 3 days Amenities: Electricity, water, showers, parking and restroom Comments: Space is only available to members Source: Jackie at American Legion Marina. Phone: 949-673-5002. 7/21/15. GEORGE HAMILTON JONES, INC. 14 7-45 JL 4i 4 V, Y �, .•�� 4 Y fir. •r� � > •�• S, Jf ~ q• *r 'r a y ' n Transient Slip Survey 4 Harbor Patrol/Marine Operations HQ 1901 Bayside Drive, Corona del Mar Basis of Rate: Per slip Rates per Night: Peak: $40.00 per night Off-peak: $40.00 per night Range of Slip Length: up to 40' Dedicated Transient Slips: 5 Maximum Length of Stay: Peak: 30 days Off-peak: 30 days Amenities: Electricity, water, pump -out station, showers and restrooms. Comments: Guests must sleep on boat November thru April Source: Emily Clapper of Harbor Patrol/ Marine Operations HQ. Phone: 949-723-1002. 6/24/15. GEORGE HAMILTON JONES, INC. 16 7-47 Transient Slip Survey 5 Harbor Tower Marina 3335 W. Pacific Coast Highway, Newport Beach Basis of Rate: Slip length Rates per Night: Peak: 1/30th of monthly rate ($33 - $48 per night or $1.10 - $1.60 per slip foot per night) Off-peak: Same as Peak rates Range of Slip Length: 20' — 69' Slip Capacity: 51 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: Not specified Off-peak: Not specified Amenities: Electricity, water, pump -out station, laundry, showers, parking, and restrooms Comments: Transient slips are available only when there are vacancies. They do not rely upon transient market. Source: Joe Bergma of Harbor Tower Marina. Phone: 949-642-4644. 7/6/15. GEORGE HAMILTON JONES, INC. 17 7-48 Transient Slip Survey 6 Bayshore Marina 2572 Bayshore Drive, Newport Beach Basis of Rate: Boat length Rates per Night: Peak: $5.00 per foot Off-peak: Same as Peak rates Range of Slip Length: 20' — 83' Slip Capacity: 134 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: Minimum 5 days Off-peak: Same as Peak Amenities: Electricity, water, pump -out station, showers, parking, telephone, cable and restrooms Comments: Gated facility, mobile pump -out station, leases available. Source: Myra Zarate of Bayshore Marina. Phone: 949-721-0111. 6/24/15. GEORGE HAMILTON JONES, INC. 18 7-49 Transient Slip Survey 7 Villa Cove Marina 1099 Bayside Drive, Newport Beach Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Comments: Source: Boat length Peak: $5.00 per foot Off-peak: Same as Peak rates 22'— 60" 42 Based on availability Peak: Minimum 5 days Off-peak: Same as Peak Electricity, water, pump -out station, showers and restrooms. Minimum stay of 5 days, public ways, parking nearby Myra Zarate of Villa Cove Marina. Phone: 949-721-0111 6/24/15. GEORGE HAMILTON JONES, INC. 19 7-50 Transient Slip Survey S Bayside Marina 1137 Bayside Drive, Newport Beach Basis of Rate: Boat length Rates per Night: Peak: $5.00 per foot Off-peak: Same as Peak rates Range of Slip Length: 20' — 74' Slip Capacity: 101 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: Minimum 5 days Off-peak: Same as Peak Amenities: Electricity, water, pump -out station, showers, parking and restrooms. Comments: Minimum stay of 5 days, secured marina, mobile pump -out station. Source: Myra Zarate of Bayside Marina. Phone: 949-721-0111 6/24/15. GEORGE HAMILTON JONES, INC. 20 7-51 Transient Slip Survey 9 Balboa Marina 201 E. Coast Highway, Newport Beach Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Comments: Source: Boat length Peak: $5.00 per foot Off-peak: Same as Peak rates 20'— 100" 132 Based on availability Peak: Minimum 5 days Off-peak: Same as Peak Electricity, water, pump -out station, showers, parking, phone and restrooms. Minimum stay of 5 days, secured marina, mobile pump -out station. Myra Zarate of Villa Cove Marina. Phone: 949-721-0111. 6/24/15. GEORGE HAMILTON .JONES, INC. 21 7-52 Transient Slip Survey 10 Newport Dunes Marina 101 N. Bayside Drive, Newport Beach Basis of Rate: Slip length Rates per Night: Peak: Less than 31' - $50 per night Peak: 32'— 37' - $60 per night Peak: Greater than 38' - $70 per night Off-peak: Same as Peak rates Range of Slip Length: 22' — 46' Dedicated Transient Slips: 4 Maximum Length of Stay: Peak: 3 days Off-peak: 3 days Amenities: Electricity, water, pump -out station, laundry, showers, parking, pool, jacuzzi, fitness center, clubhouse with kitchen, T.V. lounge, telephone, and restrooms. Comments: 30 -day advanced reservations required Source: Wade Kerley of Newport Dunes Marina. Phone: 949-729-1100. 6/23/15. GEORGE HAMILTON JONES, INC. 22 7-53 Transient Slip Survey 12 Peter's Landing 16400 Pacific Coast Highway, Newport Beach Basis of Rate: Boat length Rates per Night: Peak: $0.75 per foot Off-peak: Same as Peak rates Range of Slip Length: 20' — 96" Slip Capacity: 325 Dedicated Transient Slips: Varies, usually 4 — 10 Maximum Length of Stay: Peak: Not established Off-peak: Not established Amenities: Electricity, water, pump -out station, showers, parking, and restrooms. Comments: Low price used to attract long-term tenancy. Source: Owner. Phone: 562-592-4441. 7/31/15. GEORGE HAMILTON JONES, INC. 24 7-55 Transient Slip Survey 13 Long Beach Marina — Rainbow Harbor 200 B. Aquarium Way, Long Beach Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Boat length Peak: $1.15 per foot Off-peak: Same as Peak rates 30' — 45' 87 Based on availability Peak: As available, up to 15 days in any 30 day period Off-peak: Same as Peak Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Comments: Adjacent to Long Beach Aquarium. Source: Karen of Long Beach Marina — Rainbow Harbor. Phone: 562-570-8636. 8/4/15. GEORGE HAMILTON JONES, INC. 25 7-56 Transient Slip Survey 14 Long Beach Marina — Shoreline 450 E. Shoreline Road, Long Beach Basis of Rate: Boat length Rates per Night: Peak: $1.15 per foot Off-peak: Same as Peak rates Range of Slip Length: 30' — 60' Slip Capacity: 1061 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: As available, up to 15 days in any 30 day period Off-peak: Same as Peak Amenities: Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Comments: Requires registration identification and liability insurance. Source: Janet of Long Beach Marina — Shoreline. Phone: 562-570-4950. 8/4/15. GEORGE HAMILTON JONES, INC. 26 7-57 40' AL 114i INA 4 Ice Ae 0, Transient Slip Survey 16 Kings Harbor Marina 208 Yacht Club Way, Redondo Beach Basis of Rate: Slip length Rates per Night: Peak: Less than 28' - $20 per night Peak: 29' — 35' - $30 per night Peak: 36' — 45' - $40 per night Peak: Greater than 46' - $50 per night Off-peak: Same as Peak rates Range of Slip Length: 20' — 83' Slip Capacity: 600+ Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: Based on availability Off-peak: Same as Peak Amenities: Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Source: Janessi of Kings Harbor Marina. Phone: 310-376-6926. 8/6/15. GEORGE HAMILTON JONES, INC. 28 7-59 Transient Slip Survey 17 Ventura West Marina 1198 Navigator Drive, Ventura Basis of Rate: Boat length Rates per Night: Peak: $1.50 per foot Off-peak: Same as Peak rates Range of Slip Length: 20' — 80' Slip Capacity: 554 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: 30 days Off-peak: Same as Peak Amenities: Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Comments: Club limits stay to 5 to 7 days, registration identification and liability insurance required. Source: Vicky of Ventura West Marine. Phone: 805-644-8260. 8/4/15. GEORGE HAMILTON JONES, INC. 29 7-60 Transient Slip Survey 18 Ventura Isle Marina 1363 Spinnaker Drive, Ventura Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Boat length Peak: $1.50 per foot Off-peak: Same as Peak rates 25' — 95' 580 Based on availability Peak: Two weeks Off-peak: Same as Peak Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Source: J. McCauley of Ventura Isle Marine. Phone: 805-644-5858. 7/20/15. GEORGE HAMILTON JONES, INC. 30 7-61 Transient Slip Survey 19 Dana Point Marina Company 34555 Casitas Drive, Dana Point Basis of Rate: Boat length Rates per Night: Peak: $1.00 per foot Off-peak: Same as Peak rates Range of Slip Length: 25' — 70' Slip Capacity: 42 Dedicated Transient Slips: 36 Maximum Length of Stay: Peak: 30 days Off-peak: 90 days Amenities: Electricity, water, pump -out station, laundry, showers, parking, cable, phone, and restrooms. Comments: Flexible with length of stay. Source: Sue Ferrari of Dana Point Marina. Phone: 949-496-6137. 6/22/15. GEORGE HAMILTON JONES, INC. R� 7-62 Transient Slip Survey 20 Oceanside Harbor 1540 Harbor Drive North, Oceanside Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Boat length Peak: $1.20 per foot Off-peak: $0.80 per foot 30' — 50' 24 plus side ties All Peak: 30 days Off-peak: Same as peak Electricity, water, pump -out station, laundry, showers, phone, and restrooms. Comments: Flexible with length of stay. Source: Website: www.marina.or Phone: 760-435-4000. 7/31/15. GEORGE HAMILTON JONES, INC. 32 7-63 Transient Slip Survey 21 California Yacht Marina — Glorietta Bay 1715 S. Strand Way, Coronado Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Comments: Source: Boat length Peak: $1.00 per foot Off-peak: Same as Peak rates 20'— 100' 100 Usually 4 to 5 available Peak: Two weeks Off-peak: Two weeks Electricity, water, pump -out station, laundry, showers, parking, cable, phone, and restrooms. Adjacent to Hotel Del Coronado. John of California Yacht Marina — Glorietta Bay. Phone: 619-435-5203. 8/2/15. GEORGE HAMILTON JONES, INC. 33 7-64 Transient Slip Survey 22 Loews Crown Isle Marina 4000 Coronado Bay Drive, Coronado Basis of Rate: Rates per Night: Range of Slip Length: Slip Capacity: Dedicated Transient Slips: Maximum Length of Stay: Amenities: Comments: Source: Boat length Peak: $2.50 per foot Off-peak: Same as Peak rates 20' — 70' 91 Usually 4-10 available Peak: Two — three weeks Off-peak: Same as peak Electricity, water, pump -out station, laundry, showers, parking, cable, phone, and restrooms. Adjacent to Silver Strand as part of the Loews Coronado Bay Resort Fred Clark of Loews Crown Isle Marina. Phone: 619-424-4455. 8/3/15. GEORGE HAMILTON JONES, INC. 34 7-65 Transient Slip Survey 23 California Yacht Marina 640 Marina Park Way, Chula Vista Basis of Rate: Boat length Rates per Night: Peak: Less than 55' - $1.00 per foot Peak: Greater than 56' - $1.50 per foot Off-peak: Same as Peak rates Range of Slip Length: 20'— 55" Slip Capacity: 350 Dedicated Transient Slips: Based on availability Maximum Length of Stay: Peak: 30 days Off-peak: 30 days Amenities: Electricity, water, pump -out station, laundry, showers, parking, and restrooms. Comments: Two hours to access ocean opening. Source: Caroline of California Yacht Marina. Phone: 619-422-2595. 8/2/15. GEORGE HAMILTON JONES, INC. 35 7-66 ATTACHMENT D RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORINA APPROVING A MODEL GUEST SLIP AGREEMENT FOR SHORT TERM SLIP RENTALS AT MARINA PARK WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City is the owner of that certain land located at 1600 West Balboa Boulevard, Newport Beach, California 92663 and commonly known as Marina Park ("Marina"); WHEREAS, the Marina adjoins Newport Harbor and includes twenty three (23) slips for the berthing of vessels ("Marina Slips"); WHEREAS, Section 1(b) of the Beacon Bay Bill and Section 17.60.060 of the Newport Beach Municipal Code ("NBMC") allow the City to authorize third parties to use tidelands located within the City's limits, including the Marina Slips; WHEREAS, NBMC Subsection 17.25.020(A) prohibits any person having charge of any vessel from berthing or anchoring such vessel in Newport Harbor except within designated areas; WHEREAS, the City intends to rent out the marina slips for short term periods of thirty (30) calendar days or less pursuant to a short term slip rental agreement ("Guest Slip Agreement") that incorporates the Marina's Rules and Regulations; and WHEREAS, the City Council has considered all documents, testimony and evidence in the record in connection with this resolution and the attached Guest Slip Agreement. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 2: The City Council finds that the Guest Slip Agreement for short term rentals of Marina Slips attached to this resolution, and incorporated by this reference, satisfies the requirement of NBMC Section 17.60.060(A) covering the City's permitting the use of the Marina Slips and NBMC Section 17.60.060(B) requiring that such permits be for a use of the tidelands consistent with the public trust and NBMC section -1- 7-67 17.05.080. The City Council further finds that the tidelands users subject to the attached Guest Slip Agreement are not subject to the open bid process found in City Council Policy F-7 because the City is prevented by the Beacon Bay Bill, Coastal Commission guidelines or other restrictions from selling the property or converting it to another use. Section 3: The City Council determines, even though it has discretion to make determinations regarding the form of the Guest Slip Agreement and rental provisions therein, that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this resolution, that the facts stated in this resolution are supported by substantial evidence in the record, including, without limit, testimony received at public meetings, the staff presentations and staff reports made in connection with this matter, all materials in project files, and the "Marina Park Guest Slip Study" prepared by George Hamilton Jones, Inc. and dated August 14, 2015. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it and determines that evidence presented that was contrary to the findings made in this resolution was not sufficient or substantial enough to outweigh the evidence supporting this resolution. Section 4: Pursuant to NBMC Section 17.60.060(A) and its power under the Beacon Bay Bill, the City Council approves the attached Guest Slip Agreement. Notwithstanding City Council Policy F-7, the City Council authorizes the City Manager or his/her designee to enter into the attached agreement, in a form that is substantially similar to the attached Guest Slip Agreement. At his/her discretion, the City Manager or his/her designee may refer any Guest Slip Agreement to the City Council for consideration. Section 5: The City Council finds the adoption of the attached Guest Slip Agreement is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the adoption of the Guest Slip Agreement for tidelands uses for the Marina Slips is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the Guest Slip Agreement contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, the City Council finds the setting of rent for tidelands uses of the Marina Slips and the adoption of the Guest Slip Agreement template to implement the rent is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent established by the City Council and implemented by the Guest Slip Agreement will be used to meet operating expenses within the tidelands. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall -2- 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 (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this day of , 2015. ATTEST: Leilani I. Brown, City Clerk Attachment: Guest Slip Agreement Edward D. Selich, Mayor -3- 7-69 GUEST SLIP AGREEMENT THIS GUEST SLIP AGREEMENT ("Agreement") is made as of this day of with respect to the marina located at 1600 West Balboa Boulevard, Newport Beach, California 92663 and commonly known as Marina Park ("Marina") by and between the City of Newport Beach, a California municipal corporation and charter city ("City"), and the vessel owner identified below ("Vessel Owner") with respect to the vessel/boat identified below ("Vessel"). Occupancy Start Date Occupancy End Date # Nights (Not to exceed 30) Marina Slip #: Size of Slip Vessel Owner Information: Vessel Owner's Name: Address: City: State: ZIP: Home Phone: Work Phone: Cell Phone: Email: Vessel Information: 40 55 Vessel Name: Vessel Registration #: Vessel Builder: Year Built: Hull # Length of Vessel: Width of Vessel: Draft of Vessel: Insurance Co.: Policy #: Policy Limits: Phone: Vehicle Information: Vehicle Make: Vehicle Model: License Plate #: Vehicle Color: CHECK OUT TIME: Check out time is 11:00 a.m. Vessels remaining in the above slip ("Slip") after the above occupancy end date and check out time are subject to removal. All fees as a result of the Vessel remaining in the Slip after such date and time, including but not limited to, towing and storage, are the sole responsibility of the Vessel Owner. By executing this Agreement, Vessel Owner hereby certifies that the foregoing information is true and correct and agrees as follows: • To pay deposit in advance a DAILY rate of 50.00 for the use of the assigned Slip. Payment shall be made by credit card: • To pay in advance a fee of $15 for each key. Payment shall be made by either cash or check. METHOD OF PAYMENT: AMOUNT: $ 7-70 Terms and Conditions 1. Use Conditions: Vessel Owner, and those acting on his or her behalf, will perform or abide by each and every condition of use contained in this Agreement, including the current Marina Rules and Regulations ("Marina Rules") attached hereto as Exhibit "A" and incorporated herein by this reference. City reserves the right to modify or amend the Marina Rules from time -to -time without notice and Vessel Owner agrees to comply with all modified and amended Marina Rules. Vessel Owner further agrees to comply with all laws, rules and regulations of federal, state, and local entities, including municipal codes, environmental laws and regulations and all regulations of the U.S. Coast Guard with respect to the Slip, the Marina or the harbor or with respect to use of any other City facilities. Vessel Owner shall not cause or allow the Slip to be used for any purpose other than the mooring or berthing of the specific Vessel, and for other uses consistent with this Agreement. City may add to or change the Marina Rules by posting new ones or by otherwise notifying Vessel Owner of the change. Should any fine be assessed against Vessel Owner and/or City due to any failure by Vessel Owner or its licensees, guests, employees or contractors to comply with the provisions of this Paragraph, Vessel Owner shall be solely responsible therefore and shall pay same within five (5) calendar days following demand. 2. Change of Slip: Vessel shall be berthed only in the Slip assigned by City. The Slip is subject to change at the discretion of the City. Vessel Owner will promptly move the Vessel upon request from City. Failure to do so may result in the City moving or causing the moving of the Vessel and charging the Vessel Owner for that move and any other associated costs. 3. Indemnity: To the fullest extent permitted by law, Vessel Owner shall indemnify, defend (with counsel satisfactory to City) and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, administrative orders of any nature, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Vessel Owner, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, invitees, licensees, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them) and the following: (i) Vessel Owner's use, occupancy or possession of the Slip and Marina facilities, (ii) the entry by Vessel Owner, or any of its invitees on the Marina property, and (iii) Vessel Owner's breach or failure to comply with any provision of this Agreement or the law, or both. Vessel Owner shall be obligated under this indemnity regardless of any active or passive negligence or strict liability of obligations under this paragraph are joint and several with any person or entity owing any duty to indemnify, defend and hold harmless the Indemnified Parties, except as otherwise provided herein. Notwithstanding the foregoing, nothing herein shall be construed to require Vessel Owner to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity 7-71 shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vessel Owner. 4. Insurance: Vessel Owner agrees to obtain and maintain during the term of this Agreement a policy of complete marine insurance, including protection and indemnity liability coverage with limits not less than Five Hundred Thousand Dollars ($500,000) per occurrence. Vessel Owner shall also maintain a hull and general vessel protection policy covering at least one hundred percent (100%) of the actual cash value of the Vessel with endorsements for extended perils, damage by fire, electrolysis, stray current, corrosion, vandalism, theft and burglary, in accordance with the requirements herein this Agreement. Said insurance shall also provide for liability, workers' compensation and, if applicable, crew or longshoreman's coverage for any and all crew or other employees granted access to the docks and the Vessel at any time. The insurance required per this Agreement shall be in a form and substance satisfactory to City and shall be placed with responsible underwriters, having a Best financial rating of at least VIII and a Best policyholder rating of A- or better. Vessel Owner shall provide City with copies of the certificates of insurance evidencing the required coverage prior to the commencement of this Agreement, which evidence shall be a precondition to Vessel Owner's use of the Slip. Vessel Owner shall deliver new certificates evidencing the required coverage prior to the expiration or termination of any policy. All insurance policies shall expressly provide that they shall not be cancelled or materially amended for nonpayment of premium or any cause whatsoever unless City is given thirty (30) days advance written notice by the insurance company. The insurance shall name City together with its City Council, boards and commissions, officers, agents, volunteers, and employees as "additional insureds" (or comparable endorsement) for liability coverage, and shall provide that it fully insures the interests of the City regardless of any breach or violation by the Vessel Owner or any person of any warranties, declarations or conditions contained in such policy. The insurance shall provide that the City shall have no obligation to pay calls, assessments, premiums or any other charges in connection with any insurance. The insurance shall contain a waiver of subrogation in favor of City with respect to damage to the Vessel and any property of Vessel Owner situated thereon. Vessel Owner shall also be responsible to ensure that all contractors and others employed by the Vessel Owner comply with all Marina Rules, properly register with the Marina office prior to beginning any work, and provide proof of adequate workers' compensation and longshoreman's insurance coverage and general liability insurance coverage with a limit not less than $1,000,000, per occurrence, naming City together with its City Council, boards and commissions, officers, agents, volunteers, and employees as "additional insureds." 5. Compliance with Laws: Vessel Owner agrees to comply with all Marina Rules and applicable local, State and Federal laws and ordinances and understands that failure to do so may result in immediate termination of this Agreement. A copy of the Marina Rules is attached hereto as "Exhibit A" and Vessel Owner hereby acknowledges receipt and review of same. 6. Condition of Slip: 7-72 Vessel Owner hereby acknowledges that the Vessel Owner has inspected the Slip and those portions of the Marina associated with the Slip, including without limitation, the gates, floats, walks, gangways, ramps and utilities, and knows the condition of the same, and hereby accepts the same in their existing condition "AS IS" and agrees that no statement, representation or warranty as to their condition has been made by the City or any of its representatives, agents or employees. City does not warrant that the utility services will be compatible with the utility service requirements of the Vessel, including electrical interconnection and polarity or the effect of electrolytic action on the Vessel. 7. Discharge of Waste and Hazardous Materials: No waste matter from sinks, toilets, marine heads, holding tanks bilges or any other receptacles shall be discharged into the waters of the Marina. If the Vessel is equipped with a toilet, a marine head, or any other permanent or temporary receptacle for human or other wastes, then the Vessel must also be equipped with a holding tank designed to retain all wastes deposited in the receptacles until such time as the wastes can be discharged into a sanitary sewer system or discharged otherwise in accordance with the law. Vessel Owner agrees to permit City to inspect such holding tanks from time to time upon demand by City. 8. Term: The allowable stay in the Marina is 30 consecutive days under the terms of this Agreement. Maximum rental is 30 days in a 180 -day period. The 180 -day period shall being on the first day's rental. Vessels arriving between midnight and sunrise will be charged in full for the previous day. 9. Vehicles: Vessel Owner is allowed to park one (1) vehicle at the Marina parking lot during his/her stay at the Marina. Additional vehicle parking permits may be available for purchase through the City at the current parking rate. 7-73 EXHIBIT "A" Marina Rules and Regulations The staff and management of the marina commonly referred to as Marina Park ("Marina") want you to enjoy your boat and your recreation time at the Marina and its related facilities. These Marina Rules and Regulations ("Marina Rules") are intended to enhance your experience and enjoyment of the Marina and its related facilities by providing guidelines for boating and environmental practices in the Marina. Violation of these Marina Rules may result in the immediate expulsion of the Vessel, the Vessel Owner and guests from the Marina and may also subject the Vessel Owner to fines or penalties or both, as indicated below. All capitalized terms have the meaning set out in the Slip Rental Agreement, unless otherwise defined here. All Vessels docked at the Marina are required to have the following documentation on file at the marina office: • A current and complete Guest Slip Agreement ("Agreement"), as applicable; Proof of current and valid registration or documentation. Current Vessel registration or documentation must be displayed on the hull of the Vessel according to applicable local, state, and federal regulations; and Proof of current Vessel insurance coverage (as required by the Agreement) providing a minimum of $500,000 in liability protection and naming City together with its City Council, boards and commissions, officers, agents, volunteers, and employees as an additional insured as set out in the Agreement. Check in time is 1:00 p.m. and check out time is 11:00 a.m. Reservations may be canceled by giving 72 hours notice. Cancelation processing fee is $10.00. City may change or amend your slip assignment at any time. Only City is authorized to assign slips. Parking. Designated Marina parking is expressly for the use of Vessel Owners and their guests. If a parking permit is required, the permit must be displayed per the parking requirements. Permits are not transferable and must be returned to the City upon termination of the Agreement. For your safety and the safety of others, there is no parking on Marina property for longer than 72 consecutive hours without prior written permission from the City. Vehicles and other personal property may not be washed or serviced in the Marina parking lots. No person may sleep overnight in any vehicle while on Marina property. Violators are subject to tow and fines at violator's expense. For your protection, City personnel may question any person to ascertain whether an individual is authorized to be aboard any vessel or on the Marina property and may ask unauthorized or unknown persons to leave the Marina. Vessel Owners must contact the City in advance if they anticipate any visitor or guest to be aboard their Vessel in their absence. Animals. For everyone's well-being and safety, pets must be on a leash at all times while on Marina property except while on a Vessel. To support a clean and attractive 7-74 environment, pet owners must pick up after their pets immediately and no pet may be left unattended on Marina property at any time. The conduct of each pet is the responsibility of the pet owner at all times and all pets must be controlled per applicable law. Personal Items. Please remember that for safety and environmental reasons, bicycles, motor scooters and motor bikes are not permitted on the docks. No skateboarding or rollerblading is permitted on Marina property, including in parking lots or on walkways and docks. As a courtesy to your neighbors, and for safe emergency access, personal gear, including dinghies, lawn furniture, potted plants, etc., may not be stored on deck or left on the dock fingers or walkways at any time. Walkways must be kept clear at all times. Only approved dock boxes and boat stairs are allowed on the docks. Dinghies are not permitted to be tied to your Vessel or stored in slips without written City authorization. Vessel Requirements. For safety and dock security reasons, no portion of any vessel may protrude over the headwalk. To protect the integrity of the docks and the security of all vessels, oversized vessels will not be allowed to occupy any slip. Oversized vessels are those vessels longer than 110% of the Slip length and wider than 90% of the Slip width. Your Vessel must be maintained in a sound and seaworthy condition. City may perform periodic vessel inspections to determine compliance with environmental guidelines and the seaworthiness of your Vessel. Any findings that your Vessel is not in seaworthy or environmentally sound condition or presents any other potential hazard shall be corrected immediately in an appropriate manner at the expense of the Vessel Owner or Vessel Owner will be subject to fines and possible expulsion from the Marina. Electrical. All connections made to Marina power must be made with UL Approved plugs and cords with the appropriate amperage capacity. No modifications to any electrical outlet or power receptacles may be made. Maintenance. No maintenance or repair work may be conducted on your Vessel while in the Marina. Vessels may only be washed with non-toxic biodegradable soaps and the amount of soap must be kept to a minimum. Vessel Owner shall not release or permit to be released into the water or upon the docks or land, by action or inaction, any hazardous waste or environmentally objectionable substances, including soap, oil, paint, gasoline, or sewage. Bilges must be checked for contaminants before activating the bilge pump and oil absorbent socks and pads must be used in all bilges to eliminate all potential pollution. Spills. Vessel Owner shall immediately report any release of hazardous waste or similar discharge to all appropriate local, state and federal government agencies and to City. In addition, Vessel Owner shall immediately implement necessary clean up and disposal of any hazardous spills and materials. Use of emulsifiers and detergents on fuel or oil spills is specifically prohibited. 7-75 Vessel Waste Pumpout. Vessel Owners are encouraged to use the designated pump - out stations and mobile pump -out services to dispose of all sewage and gray water. Emptying or cleaning portable boat heads (port -o -potties) in the Marina restrooms is prohibited. Violators will be subject to fine or expulsion from the Marina or both. Hazardous Materials. Storage of hazardous or flammable materials is not allowed on or about the docks or in dock boxes. Toxic chemicals, batteries, petroleum, etc. may not be placed in trash receptacles. Abandonment of hazardous or toxic material on Marina property is a violation of local, state and federal laws. Proper disposal of all hazardous materials is the sole responsibility of the Vessel Owner. No Swimming. For your safety, swimming and/or diving in the slip areas or from the docks, walkway, bulkheads, gangways and any other structure or your Vessel is not permitted. Fires. Fires and BBQ's are not permitted anywhere on or about the docks for the safety reasons. Propane -fueled covered BBQ's may be used on board your Vessel only. Briquettes and other open fuel fires are strictly prohibited. No ashes or other heated material may be emptied into the Marina, harbor or any trash container. Fuel. Personal fueling of boats (carrying fuel cans, etc.) is not allowed on the docks. Certified in -slip fueling services are permitted if the service provider is properly registered with City. Storage of gasoline, diesel or other combustibles on or about the docks is strictly forbidden. As a courtesy to your neighbors: The restrooms and laundry are locked and access is restricted to registered Vessel Owners and their guests only. Key cards are distributed for your safety and security and the safety and security of other Vessel Owners. Please do not provide keys or access to others - doing so may subject you to liability due to their actions. Access to the docks and restrooms is allowed ONLY with the authorized use of the appropriate Marina key. Please be sure that all doors are closed firmly behind you. Climbing over or around fences or gates, blocking of doors or gates, and other means of unauthorized entry is strictly prohibited and may subject you to fines and eviction from the Marina. An adult must accompany all children under the age of 12 at all times. City highly recommends that all children wear an approved personal flotation device at all times while onboard the Vessel and on the docks. Drying or airing of laundry or apparel on the docks or the riggings of your Vessel is prohibited. No Fishinq. Fishing from the docks, gangways or bulkheads is prohibited. Fish cleaning is also strictly prohibited in the Marina. Please dispose of all excess bait while at sea to reduce potential pollution of the Marina waters. Social gatherings must remain on your Vessel and not on the docks or gangways. Loud music is not welcome at any time. Vessel Owner is responsible for ensuring that all such gatherings comply with City's laws, rules, and regulations, including but not limited to those provisions regarding time of day and decibel restrictions on noise. 7-76 No commercial activity may be conducted anywhere at the Marina. Generators. Generators may not be run at any time while your Vessel is in the Slip. Main engines may be run in the Slip only during arrival and departure of the Vessel. Please observe all Marina and harbor speed limits and "no wake" laws. Vessel Owners are responsible for damages caused by their Vessel wake regardless of compliance with posted speed limits. Dock Carts. Dock carts are to be used to transport personal items to and from your Vessel and as a courtesy to your fellow boaters should be returned to the entrance gate area when not in use. Please do not use them to transport heavy gear or dirty waste. In case of fire or other emergency, call 911 immediately. Please contact the City if you would like information on local, state or federal environmental and other boater -related laws and regulations. City has a comprehensive list of local environmental and hazardous materials handling and disposal companies for your reference. City also has a complete list of registered and insured Marina service providers. All Vessel Owners and their guests are subject to these Marina Rules and any changes hereto. Failure to comply with all Marina Rules and the terms of your Agreement may result in fines as described below and can result in the termination of your Agreement and expulsion from the Marina. Schedule of fines for violation of Newport Beach Municipal Code and Slip Rental Agreement terms: 1 st violation $100 2nd violation $200 and forfeiture of all deposits and expulsion from the Marina 3rd violation $500 Marina Rules may be amended or changed by City at any time without notice. 7-77