HomeMy WebLinkAboutC-7252-3 - Grant Agreement - Certificate of Funding for Surrendered and Abandoned Vessel Exchange (SAVE-21)State of California — Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE: City of Newport Beach
GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE -21)
GRANTAMOUNT: $175,000.00V 3A
GRANT NUMBER: C21S06 4 \�
GRANT TERM: M through September 30, 2023
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as
Agreement, and the State of California, acting through its Director of the Department of Parks and
Recreation, and pursuant to the State of California agrees to fund the total State grant amount
indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A "Project
Representatives", Exhibit B "Grant Terms and Conditions", Exhibit C "General Terms and Conditions",
Exhibit D "Grantee Certification Clauses", Exhibit E "Darfur Contracting Act", Exhibit F
"Application/Scope of Work".
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature:
Printed Name: GYZCG Yi. Le"I
Title of Authorized
Representative: (' %,jij Ktr zgey
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APPROVED AS TO FORM:
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Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Karen Dill
Title: Staff Services Manager II
Date:
Attest:
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Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021!2022, Date: 09/10/2021 Page: 1 of 41
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: City of Newport Beach
GRANT TITLE: FY 2021/22 Surrendered and Abandoned Vessel Exchange (SAVE)
GRANT AMOUNT: $175,000.00
GRANT NUMBER: C21SO604
PO NUMBER:
GRANT TERM: Effective: Date Fully Executed* through September 30, 2023
AGREEMENT NO
AMENDMENT NO —J—
SUPPLIER ID
PROJECT NO
137900THER
C21 SO604
0000011771
AMOUNT
FUND DESCRIPTION
AGENCY BILLING CODE NO
ENCUMBERED BY
Abandoned Watercraft Abatement Fund (SAVE -20)
053706
THIS DOCUMENT
$175,000.00
REPORTING
Approp. Ref. Fund
CHAPTER
STATUTE
FISCAL YEAR
STRUCTURE
3790-101-0577
21
2021
2021/22
37900709
BUSINESS UNIT
INDEX
PROGRAM
ACTIVITY CODE
ACCOUNT
3790
N/A
2855023
169992 15432000
Contract # C21 50604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 2 of 41
STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways
4940 Lang Avenue H Dock
McClellan Park, CA 95652
SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2021/22
EXHIBIT A - PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Newport Beach
State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
City of Newport Beach
Name: Ron Kent
Grantee Representative*: Melanie Franceschini
Title: Program Administrator
Title: Administrative Analyst
Address:
One Capitol Mall, Suite 500
Sacramento, CA 95814
Mailing Address:
100 Civic Center Drive,
Newport Beach, CA 92627
Remit to Address:
{remit_add_str)
{remit _city_st_str)
Phone: (916) 327-1825
Phone: (949) 644-3028
Fax:
Fax:
Email: ron.kent@parks.ca.gov
Email: mfranceschini@newportbeachca.gov
* Grantee representative information may only be changed by giving 30 days written notice to DBW.
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EXHIBIT B - GRANT TERMS AND CONDITIONS
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM
1. PURPOSE OF THE PROGRAM:
Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and
disposal of:
a. Abandoned property as described in HNC 522 (below) within Grantee's jurisdiction as
listed in Exhibit A.
HNC Section 522: "Any hulk, derelict, wreck, or parts of any ship, vessel, or other
watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated
condition upon publicly owned submerged lands, salt marsh, or tidelands within the
corporate limits of any municipal corporation or other public corporation or entity
having jurisdiction or control over those lands, without its consent expressed by
resolution of its legislative body, for a period longer than 30 days without a watchman
or other person being maintained upon or near and in charge of the property, is
abandoned property."
b. Surrendered vessels as defined in HNC 526.1
HNC Section 526.1: "surrendered vessel" means a recreational vessel that the
verified titleholder has willingly surrendered to a willing public agency under both of
the following conditions:
(a) The public agency has determined, in its sole discretion, that the vessel is in
danger of being abandoned, and therefore has a likelihood of causing
environmental degradation or becoming a hazard to navigation.
(b) The decision to accept a vessel is based solely on the potential of the vessel
to likely be abandoned and cause environmental degradation or become a
hazard to navigation."
C. Wrecked or dismantled vessels, or parts thereof, or any other partially submerged
object that pose a substantial hazard to navigation, from navigable waterways or
adjacent public property, or private property with the landowner's consent.
d. The funds provided under this Agreement shall not be utilized for surrender,
abatement, removal, storage, or disposal of commercial vessels. Commercial vessels
include those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
e. If Grantee is reimbursed for the costs related to the surrender, abatement, removal,
storage, and/or disposal of an eligible water hazard by the registered or legal owner or
other person or entity known to have an interest in the water hazard, then the water
hazard shall no longer be eligible for funding under this Agreement. Grantee shall
notify DBW in writing of such reimbursement and shall return all funds disbursed by
DBW to Grantee with respect to such water hazard immediately.
f. Vessels listed in Exhibit F Application/Scope of Work are considered solely a
demonstration of the agency's need for funding, not an approval that the individual
vessels are eligible for SAVE funding.
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2. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to
inspect any site where Grantee or its subcontractors are performing work under this
Agreement.
3. ANNUAL MEETING
Grantee's representative or alternate shall participate in an annual one -day video or phone
conference conducted by DBW during the term of this agreement. Should the Grantee or
representative be unable to attend the meeting and cannot provide a substitute from the
agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend.
DBW must grant approval in writing in order for the Grantee not to be in breach of this
Agreement for failure to attend.
Grantee agrees to complete the scope of work submitted in its application in a timely fashion.
4. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or
authorizations associated with treatment, removal, storage, or any other handling of
hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos,
and similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement.
Grantee shall be responsible for the proper and lawful handling, abatement, removal,
storage, and/or disposal of any hazardous substances encountered in the execution of this
Agreement.
5. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the
Harbors and Navigation Code regarding notices, hearings and liens in the
performance of this Agreement. Grantee (in conjunction with local law enforcement)
shall conduct a title search for all vessels presumed to be abandoned, as provided by
Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
and Navigation Code section 526.1 in the performance of this Agreement, requiring
that a surrendered vessel be that of the "verified titleholder."
C. Grantee shall comply with all Department of Motor Vehicles notification requirements
related to the disposal of vessels and trailers.
6. GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall, in accordance with HNC 525(a—c), issue the last registered vessel owner a
citation for abandoning a vessel and impose a fine of not less than $1,000 nor more than
$3,000 for violation of this section.
7. MEDIA
Grantee agrees to acknowledge DBW's financial support whenever work funded by this
Agreement is publicized in any news media, brochures, or other type of promotional material.
8. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"),
the non-exclusive, royalty -free, perpetual and worldwide right and permission to use,
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reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs,
motion pictures, caption information, and/or written quotes (hereinafter referred to collectively
as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising,
marketing, trade, broadcast, print, educational programs, or any other lawful purpose
whatsoever, in any and all media. In connection with the foregoing license, the Grantee
agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in
a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants
(AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel
Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish
the image of the DBW's AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and
discharges DBW from any and all claims and demands arising out of or in connection with
the use of the Photographs, including without limitations, any and all claims for libel,
defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for
lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or
transfer all rights granted to it hereunder.
Grantee also grants DBW and its licensees the unrestricted right to use and disclose its
name in connection with use of the Photographs. The Grantee understands that it will not be
paid for any use or right granted herein.
Grantee understands and agrees that the Photographs may be used in whole or in part, at
any time. The license granted herein to DBW includes the right and permission to conduct or
have conducted such alterations to the Photographs as DBW deems necessary. Grantee
releases and discharges DBW and agrees to indemnify and hold DBW harmless from any
liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form,
loss or damage, whether intentional or otherwise, that may occur in the use of the
Photographs. Grantee waives any right to inspect or approve any finished product,
advertising or other copy that may be used in connection therewith or the use to which it may
be applied.
Grantee declares and avows that the Photographs it is submitting to DBW are its own original
work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are
free, clear, and unencumbered. No part of them is taken from or based on any other work;
no part infringes the copyright or any other right of any person; and the reproduction,
publication, exhibition, or any other use by DBW of the Photographs in any form whatever will
not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to
indemnify and hold DBW harmless from and against any and all loss, damage, costs,
charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and
expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1)
any violation or infringement of any proprietary right or copyright; or (2) any libelous or
unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold
DBW harmless for any such amounts arising from its breach of any covenant, representation,
or warranty of this agreement.
9. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel,
Grantee shall obtain all necessary permits, authorizations, and documentation necessitated
by any applicable provision of law.
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10. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive
bidding process when awarding subcontracts under this Agreement. Grantee, upon request,
must make available to DBW procurement documents such as requests for proposal,
invitations for bid and independent cost estimates,
11. CONTRACTS WITH SERVICE PROVIDERS
All contracts/executed agreements with service providers for which grantee will seek
reimbursement must be in writing and shall be executed (signed) prior to commencement of
any and all work completed. Grantee will provide to DBW copies of all executed agreements
with service providers who are performing work funded by this SAVE grant. Grantee shall
provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior
to the commencement of any work under this Agreement. Grantee's agreement number
(C21 SXXXX) must appear on the certificate of insurance.
12. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all
of its contractors and subcontractors hold a valid business license and carry general
commercial liability insurance coverage sufficient to fully insure against any and all risks of
hazardous activities associated with the work to be performed under this Agreement; and
Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these
requirements, that Grantee itself carries general commercial liability insurance coverage
sufficient to fully insure against any and all risks of hazardous activities associated with the
work to be performed under this Agreement, whether performed by the Grantee, Grantee's
contractor(s), or Grantee's subcontractor(s). Grantee shall provide DBW with a certificate of
insurance from any contractor(s) and subcontractor(s) prior to the commencement of any
work under this Agreement. Grantee's agreement number (C21 SXXXX) must appear on the
certificate of insurance.
13. TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shall provide for adequate traffic control and safety measures at any site where
Grantee and its subcontractors will perform any work under this Agreement.
14. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject
to any cease and desist order not subject to review issued pursuant to Water Code section
13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
15. ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are
expressly incorporated herein. No amendment or variation of the terms of this Agreement
shall be valid unless made in writing, signed by the parties and approved as required.
16. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Commencement of
performance prior to approval of this Agreement will be at the Grantee's own risk.
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17. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT
There are no Disabled Veteran Business Enterprise participation requirements with this
agreement.
18. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.
Grantee may provide a delegation of contracting authority from its local governing body that
by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution,
order, motion, or ordinance of its local governing body that by law has authority to contract,
authorizing execution of this Agreement.
19. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the
State of California for all work to be performed under this Agreement. By signing this
Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination
Program requirements of Government Code section 12990 (a -f) and Title 2, California Code
of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section
7285 et. seq. of the Fair Employment and Housing Act; (c) Drug -Free Workplace requirement
of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of
Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C.
section 12101 et seq.
20. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers
or employees of DBW or agents of the State of California.
21. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a
hazardous activity. Grantee therefore must maintain commercial general liability insurance in
an amount and of a type acceptable to DBW and to the Department of General Services/
Office of Risk and Insurance Management (ORIM).
GENERAL PROVISIONS APPLYING TO ALL POLICIES
Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If
insurance expires during the term of the grant, a new certificate must be
received by the DBW at least ten (10) days prior to the expiration of this
insurance. Any new insurance must still comply with the original terms of
the grant.
2. Policy cancellation or termination & notice of non -renewal
Insurance policies shall contain a provision stating coverage will not be
cancelled without 30 days prior written notice to the DBW. In the event
Grantee fails to keep in effect at all times the specified insurance coverage,
the DBW may, in addition to any other remedies it may have, terminate this
Agreement upon the occurrence of such event, subject to the provisions of
this Agreement.
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3. Deductible
Grantee is responsible for any deductible or self-insured retention
contained within their insurance program.
4. Primary clause
Any required insurance contained in this Agreement shall be primary, and
not excess or contributory, to any other insurance carried by the State.
5. Insurance carrier required rating
All insurance companies must carry a rating acceptable to GRIM. If the
Grantee is self-insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required by DBW or
ORIM.
6. Endorsements
Any required endorsements requested by the DBW must be physically
attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
7. Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee's obligations
under the Agreement.
8. Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of subcontractor's
insurance to the State when requested equal to policies, coverages, and
limits required of Grantee.
b. INSURANCE REQUIREMENTS
1. Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with
limits of not less than $1,000,000 per occurrence for bodily injury and
property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent subcontractors, products, completed
operations, personal and advertising injury, and liability assumed under an
insured agreement. This insurance shall apply separately to each insured
against whom claim is made or suit is brought subject to the Grantee's limit
of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
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insured's under Grantee's insurance or supply evidence of insurance to the
State equal to policies, coverages and limits required of Grantee.
2. Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than
$1,000,000 combined single limit per accident. Such insurance shall cover
liability arising out of a motor vehicle including owned, hired and non -
owned motor vehicles.
3. Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less
than $1,000,000 combined single limit per accident. Such insurance shall
cover liability arising out of the maintenance and use of any watercraft
(owned, hired or non -owned). The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed that is
connected with or related to the activities contemplated in this Agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
4. Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker's compensation and
employer's liability coverage for all its employees who will be engaged in
the performance of the Agreement. Employer's liability limits of $1,000,000
are required. The insurer waives any right of recovery the insurer may have
against the State because of payments the insurer makes for injury or
damage arising out of the work done under agreement with the State. A
Waiver of Subrogation or Right to Recover endorsement in favor of the
State must be attached to certificate.
If applicable, Grantee shall provide coverage for all its employees for any
injuries or claims under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act or under laws, regulations, or statutes
applicable to maritime employees. By signing this agreement, Grantee
acknowledges compliance with these regulations.
C. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000
occurrence covering the Grantee's liability for bodily injury, property damage and
environmental damage resulting from pollution and related cleanup costs incurred
arising out of the work or services to be performed under this agreement. The policy
must include:
"The State of California, its officers, agents, employees and servants as additional
insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and
Insurance Management.
Coverage shall be provided for both work performed on site and during transportation
as well as proper disposal of hazardous materials.
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d. SELF INSURANCE
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall
provide evidence of self-insurance when requested by DBW. Review of financial
information including a letter of credit may be required. The DBW reserves the right
to request financial information.
e. STATEMENT OF INSURANCE COVERAGE:
Grantee certifies and agrees that they have all required insurance coverages as
stated in the grant agreement, which will be in effect for the entire term of the
agreement.
22. TERMINATION
23.
24
Approver initials: 4_L_ Date: 1 d 15 /Z'
Name: Grzce Y-1. Leu -Al
Title: C,t,N tAvAeg env
a. DBW may terminate this Agreement for any reason upon thirty (30) days written
notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term
of this agreement, DBW may, in addition to other remedies it may have, terminate
this agreement upon two days written notice.
C. DBW may, by two-day written notice to Grantee and without any prejudice to its other
remedies, terminate this agreement because of failure of Grantee to fulfill any of the
requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately
discontinue all removal and disposal activities affected, unless the notice directs
otherwise. In such event, DBW shall pay Grantee only for removal and disposal
activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced
funds. At DBW's sole discretion, DBW may offer an opportunity to cure any breach
prior to terminating for default.
ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the
department pursuant to subparagraph (A) shall be matched by a 10% contribution
from the local agency receiving the grant."
b. The 10% contribution is in addition to funds awarded in the grant and may be made
by cash and/or in-kind contributions from agency's personnel hours (net hourly rate
only with no benefits included) for work completed directly toward SAVE program
items as listed below (Part 24, 1 (a - b). Other SAVE -related expenses may be used
with advance DBW approval in writing.
C. If using personnel hours for in-kind match, only net, raw hours will be accepted, and
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verification of in-kind contribution is required with reimbursement request(s). The
statement of in-kind hours must be on the form provided by DBW through the Online
Grants Application (OLGA), or available upon request, and must include:
I. Activity date
11. Vessel/issue name or description
III. Personnel name
IV. Description of SAVE program service provided
V. Number of hours provided by each person
VI. Hourly rate and total value
d. The burden of proof in complying with the 10 -percent contribution requirement is the
responsibility of the grantee. Funds will not be disbursed until the grantee has
provided DBW with acceptable documentation that it complied with the 10 -percent
contribution requirement for each disbursement.
25 BUDGET DETAIL AND PAYMENT PROVISIONS
1. Covered Expenses and Reimbursement Claims Processes
a. DBW will reimburse the following contract -negotiated rate expenditures
provided by Grantee's contracted service providers, contractors and/or
subcontractors, within the scope of the SAVE program for abandoned
vessels:
1. Raising of submerged vessels
2. Vessel removal from accessible locations
3. Hazardous materials (hazmat) removal and disposal
4. Towing
5. Storage
i. Without lien sale: 60 days maximum
ii. With lien sale: 90 days maximum with justification
iii. If stored onsite at Grantee's facility, 50% of the normal rate
of charge to the public will be reimbursed, and fee schedule
is required for verification.
6. Lien sale expenses: fees charged by lien sale service companies,
postage, DMV fees, and advertising costs
7. Public notice advertising
8. Vessel appraisal
9. Salvage and demolition
b. DBW will reimburse the following contract -negotiated rate expenditures
provided by Grantee's contracted service providers, contractors and/or
subcontractors, within the scope of the SAVE program for surrendered
vessels:
1. Vessel and/or hazardous material removal and disposal
2. Towing from grantee's facility to landfill
3. Demolition
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C. Ineligible expenses include hand tools, consumables, grantee direct staffing,
time and materials from subcontractors, etc. without prior written approval
from DBW.
d. Other expenses may be considered with advance written approval from
DBW.
2. Reimbursement claim forms:
Reimbursement claim forms are available in DBW's Online Grant Application System
(OLGA) or upon request. Grantee must sign and date each reimbursement claim form
in blue ink and submit with the following documents to DBW:
i. Invoices from service providers, contractors and/or subcontractors to
Grantee:
Invoices must contain the following:
a. Name and address of Grantee
b. Contract or invoice number
C. Description of service performed
d. Date the service was performed
e. Location of each service
f. Vessel name, CF# or HIN# if available; otherwise, description of vessel
ii. Proof of payment for all invoices.
The following acceptable forms of proof are:
a. Cancelled check (with bank's cancelled stamp on back of check copy)
b. Credit card statement with charge and payment posted, along with
copy of charge slip
C. Invoices from service provider showing zero balance.
d. Proof of Accounting Clearing House (ACH) or Electronic transfer
showing date, amount and transaction confirmation number.
10% in-kind match contribution statement:
a. If Grantee is matching the 10% requirement with in-kind services,
complete the DPR265 Itemized 10% In-kind Contribution Statement
located in OLGA or available upon request.
b. Only net hourly rates will be accepted. Grantee must include
verification of net rates with first claim and each time rates change.
iv. Photos of vessels (Required)
One photo showing CF number (if available). If the CF number is not
visible/available, photo must show description used on clam form.
V. For Surrendered Vessels ONLY:
Statement of Vessel Release of Interest and Ownership: to be completed
and signed by vessel owner(s) and SAVE agency representative (SAVE
AGENCY ONLY section). Grantee may use their own release form ONLY if
DBW approved the grantee's release form. DBW release form can be
downloaded from OLGA.
One proof of vessel ownership must be provided. This can be a copy of the
Certification of Ownership (title/pink slip or Coast Guard document) signed
by the owner, a pre-printed DMV form Reg 138 completed and signed by
vessel owner; DMV registration form; or a DMV issued junk slip. Power of
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Attorney or marina lien documents are also acceptable. Keep the originals
and provide DBW with copies.
NOTE: Vessel ownership verification is required; however, it is not required
that boat owners bring their registration up to date to surrender their vessel
through the VTIP.
Vi. DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as
incident reports, CLETS printouts, internal routing forms, accounting
journals, etc.
3. Submit one (1) hard copy and one (1) electronic copy of each reimbursement claim
form and all supporting document (as identified
Division of Boating and Waterways
4940 Lang Avenue H Block
McClellan Park, CA 95652
Attention: SAVE Unit
Email: ron.kent@parks.ca.gov
4. Submission of fraudulent invoices or other claim documentation is a breach of this
Agreement, which shall result in forfeiture o
5. All requests for payment must be submitted to DBW no later than 45 days after the
expiration date of the agreement. DBW is not o
26. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program; this Agreement shall be of no further force and effect. In this event, DBW
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform
any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, DBW shall have the option to either cancel this Agreement with no
liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the
reduced amount.
27. INDEMNIFICATION
Grantee shall be responsible for, and DPR shall not be answerable or accountable in any
manner for, any loss or expense by reason of any damage or injury to person or property, or
both, arising out of or related in any way to activities carried out by Grantee, its agents,
officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall
protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees
against any and all actions, claims, and damages to persons or property, penalties,
obligations and liabilities that may be asserted or claimed by any person, firm, association,
entity, corporation, political subdivision, or other organization or person arising out of or in
connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder,
whether or not there is concurrent passive negligence on the part of DPR, its agents, officers,
and/or employees.
28. FUNDS ASSIST
The Funds Assist process has been developed by DBW as a method for grantees with
Contract # C2150604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 14 of 41
excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is
a voluntary action (by both agencies) until within three (3) months of the expiration date of
the grant at which time it will become a required action of those agencies with remaining
grant balances, at DBW's discretion.
The Funds Assist process works as follows:
a. An introduction is made by DBW between the agency with excessive funds (Agency A)
and the agency in need (Agency B).
b. A deadline shall be imposed by DBW for the work to be completed by Agency B.
C. Agency B pays for all contractor invoices, as is required with the SAVE grant.
d. The 10% required match is the obligation of Agency B and may be met with cash, in-
kind services, or a combination of both.
e. To obtain reimbursement, Agency B will be required to supply the following to Agency
A:
i. A Tax Identification Form (W-9)
ii. All requirements/documents apply as outlined in this agreement under #24
iii. A statement on Agency B's letterhead invoicing Agency A for the total
reimbursement request.
iv. Copies of completed forms and support documents to DBW for pre -
approval.
f. Agency A completes the following actions:
i. Upon approval by DBW, pay Agency B the invoiced amount within 30 days
and record as a pass-through grant (or use your accounting method
preference).
ii. Complete DBW's Abandoned Vessel and/or Surrendered Vessel
Reimbursement Claim Form and attach all supporting documents as listed in
item b, c & d above, including the verification of payment to Agency B i.e.,
cancelled check or statement from Agency B of payment received.
iii. Email the documents to the DBW program administrator for review. Once
reviewed and approved, send finalized claim forms to DBW for payment
processing.
DBW will act as a courtesy liaison between the agencies to ensure (as much as possible)
that documents are correctly processed.
29. FUNDS ASSIST INDEMNIFICATION
Grantee and sub grantee (hereafter known an Agency A and Agency B respectively) shall be
responsible for, and DPR shall not be answerable or accountable in any manner for, any loss
or expense by reason of any damage or injury to person or property, or both, arising out of or
related in any way to activities carried out by Agency A and B, its agents, officers,
contractors, subcontractors and/or employees, under this Agreement Agency A and B shall
protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees
against any and all actions, claims, and damages to persons or property, penalties,
obligations and liabilities that may be asserted or claimed by any person, firm, association,
entity, corporation, political subdivision, or other organization or person arising out of or in
connection with Agency A and B's contractor's or subcontractor's activities hereunder,
whether or not there is concurrent passive negligence on the part of DPR, its agents, officers,
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and/or employees.
If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for
removal project, and receives assistance through the Funds Assist process, all provisions of
the SAVE grant applies.
Approver initials: 11-L, Date: N1512,1
Name: Czyba Y1. L.yaq
Title: Mvinow
30. 90 -DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90
days of the date of issuance according to the instructions issued by DBW with the grant
agreement. If extenuating circumstances prevent the ability of the agency to meet this
deadline, approval from DBW must be obtained in writing. DBW retains the right to determine
approval or denial of extensions.
31. ANTI -CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied
cases whereby a contractor, subcontractor or other service provider increases their fee(s) due
to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE
grant in order to increase their fee(s), for possible investigation of price gouging. A two year
history of charges applied to work of all known SAVE grant work by that contractor will be
required by DBW for review.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Grantee may not commence performance until
such approval has been obtained.
2. EFFECTIVE DATE:
Effective date means either the start date or the approval date by the Department of General
Services (DGS), whichever is later. In cases where DGS approval is not required, this
Agreement is of no force or effect until the date of the last DBW signature. No work shall
commence until the effective date.
3. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in the Agreement is binding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
5. AUDIT:
Grantee agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Grantee agrees to maintain such records for possible audit for a minimum
of three (3) years after final payment, unless a longer period of records retention is
stipulated. Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, Grantee agrees to include a similar right of the
State to audit records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1896).
6. INDEMNIFICATION:
Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by the subcontractor or
Grantee in the performance of this Agreement.
7. DISPUTES:
Grantee shall continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the
Grantee fail to perform the requirements of this Agreement at the time and in the manner
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herein provided. In the event of such termination the State may proceed with the work in any
manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee
upon demand.
9. RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of post consumer material as defined in the Public Contract Code Section 12200,
in products, materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209. With respect to
printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Grantee and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and
the applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of
the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. GRANTEE shall permit
access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours,
but in no case less than 24 hours' notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Grantee and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.)
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are
hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of
Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.
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14. GOVERNING LAW:
This Agreement is governed by and shall be interpreted in accordance with the laws of the
State of California.
15. ANTITRUST CLAIMS:
The Grantee by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, the Grantee shall comply with the requirements of
the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section
4552.
If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter,
the assignor shall be entitled to receive reimbursement for actual legal costs incurred
and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor
but were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code Section 4553.
Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with
Public Contract Code 7110, that:
The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
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compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Agreement includes services in excess of $200,000, the Grantee shall give priority
consideration in filling vacancies in positions funded by the agreement to qualified recipients
of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business
participation, then Grantee must within 60 days of receiving final payment under this
Agreement (or within such other time period as may be specified elsewhere in this
Agreement) report to the awarding department the actual percentage of small
business participation that was achieved. (Govt. Code § 14841.)
b. If for this Agreement Grantee made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Grantee must within 60 days of
receiving final payment under this Agreement (or within such other time period as
may be specified elsewhere in this Agreement) certify in a report to the awarding
department: (1) the total amount the prime Grantee received under the Agreement;
(2) the name and address of the DVBE(s) that participated in the performance of the
Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all
payments under the Agreement have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of
the Business and Professions Code. (PCC 10344(e).)
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_=E/:11=1riI]
GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the
laws of the State of California.
Grantee Agency Name (Printed)
Federal ID Number
City of Newport Beach
95-6000751
By (Authorized Signature)
Printed Name and Title of P son Signing
Gre-ce. YA. Lem.
- C � M anaq eA-
Date Executed
Executed in the County of
10/,57/1.,j
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements.
(Gov. Code §12990 (a -f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and Grantee may be ineligible for award
of any future State agreements if the department determines that any of the following has
occurred: the Grantee has made false certification, or violated the certification by failing to
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carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by
a Federal court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court, which orders
Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of
the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro
bono legal services during each year of the agreement equal to the lessor of 30 multiplied by
the number of full time attorneys in the firm's offices in the State, with the number of hours
prorated on an actual day basis for any contract period of less than a full year or 10% of its
agreement with the State.
Failure to make a good faith effort may be cause for non -renewal of a state agreement for
legal services, and may be taken into account when determining the award of future
contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate
corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is
eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment,
materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor,
forced labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The Grantee further
declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at
www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the Grantee's
compliance with the requirements under paragraph (a).
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7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with
Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
I. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state
employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (PCC 10410):
No officer or employee shall engage in any employment, activity or enterprise from which the
officer or employee receives compensation or has a financial interest and which is sponsored
or funded by any state agency, unless the employment, activity or enterprise is required as a
condition of regular state employment.
No officer or employee shall contract on his or her own behalf as an independent contractor
with any state agency to provide goods or services.
Former State Employees (PCC 10411):
For the two-year period from the date he or she left state employment, no former state officer
or employee may enter into a contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-making process relevant to
the contract while employed in any capacity by any state agency.
For the twelve-month period from the date he or she left state employment, no former state
officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject area
as the proposed contract within the 12 -month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render
this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured
against liability for Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
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3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon
receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment. Any changes of the Grantee's representative shall be notified to DBW within 30
days written notice on Grantee's letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
"Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate Grantee performing
within the state not be subject to the franchise tax.
C. Both domestic and foreign corporations (those incorporated outside of California)
must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the
Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority
to enter into an agreement, authorizing execution of the agreement.
AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not
subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other
governmental entity.
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EXHIBIT E — DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and
sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur
Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded
from the California Department of General Services website.
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or
services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract
Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature
and signed into law by the Governor to preclude State agencies generally from contracting with
"scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is
a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code
section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a
contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within
the previous three years has had) business activities or other operations outside of the United States
to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency.
(See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or
RFP to satisfy the Act's certification requirements of bidders
and proposers.
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 25 of 41
EXHIBIT E — DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the
previous three years has had business activities or other operations outside of the United States.
For such a company to bid on or submit a proposal for a State of California contract, the company
must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been
granted permission by the Department of General Services to submit a proposal.
If your company has not, within the previous three years, had any business activities or other
operations outside of the United States, you do not need to complete this form.
OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations
outside of the United States, in order to be eligible to submit a bid or proposal, please insert your
company name and Federal ID Number and complete the certification below.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective
proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I
am duly authorized to legally bind the prospective proposer/bidder named below. This certification is
made under the laws of the State of California.
Company/Vendor Name (Printed)
Federal ID Number
{grantee_name}
{fed_id}
By (Authorized Signature)
Date
{agy_sign_name}
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General
Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal
for a contract with a state agency for goods or services, if it is in the best interests of the state. If you
are a scrutinized company that has obtained written permission from the DGS to submit a bid or
proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have
received written permission from the Department of General Services to submit a bid or proposal
pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is
included with our bid or proposal.
Company/Vendor Name (Printed)
Federal ID Number
{grantee_name}
{fed_id}
By (Authorized Signature)
Date
{agy_sign_name}
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 26 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
General
1 Applicant Information
a.
Applicant Name
City of Newport Beach
b.
Organizational Unit
c.
Address
100 Civic Center Drive
d.
Address 2
e.
City
Newport Beach
State CA Zip 92660
f.
Federal ID Number
95-6000751
Reference No.
g.
Agency Type
�: City
r County
r Federally or State Recognized Native American Tribe
r' District
2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year
2021/2022
b. Is implementing agency same as Applicant: Yes r No
c. Implementing Agency Name
d. Project Start Date Oct -01-2021 End Date Sep -30-2023
e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 27 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
3 Contacts
a. Project Administrator
Name
Melanie Franceschini
Title
Administrative Analyst
Mailing Address
100 Civic Center Drive
City
Newport Beach State CA Zip 92660
Telephone
(949)644-3028 Fax
E-mail Address
mfranceschini@newportbeachca.gov
b. Project Administrator
Name Carol Jacobs
Title
Mailing Address 1600 W. Balboa Boulevard
City Newport Beach State CA Zip 92663
Telephone (949)644-3001 Fax
E-mail Address cjacobs@newportbeachca.gov
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 28 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Minimum Qualifications
1, Does your agency have an enforcement program to address abandoned boats? f: Yes r No
If Yes, describe Harbor Code Enforcement Officers are out on the water daily. They patrol
Newport Harbor as a whole, including private slips and anchorage areas.
City Harbor Department staff works with the Harbor Code Enforcement staff
to identify vessels that may be a potential or existing problem. Owners are
notified to bring vessels into compliance or utilize VTIP. Owners may be
issued a Notice of Violation if they fail to bring vessels into compliance.
Other vessels that are abandoned or have no identifiable owner are put in
line for AWAF. Vessel condition is taken into consideration when prioritizing
enforcement and use of SAVE funds for destruction. Those vessels at risk
of sinking or which represent other hazardous conditions are always given
priority.
2. Attach ordinance, resolution, or municipal code authorizing your agency's 29337_0_990_City of
involvement and its jurisdiction for prevention and removal of abandoned vessels ewpo eac - I e
/.Pdt
and accepting surrendered vessels.
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 29 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy
and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser
to determine the State Senate district(s).
r State Senate 01
r State Senate 02 r State Senate 03 r State Senate 04 r State Senate 05
r State Senate 06
r State Senate 07 r State Senate 08 F State Senate 09 r State Senate 10
r State Senate 11
r State Senate 12 r State Senate 13 F State Senate 14 r State Senate 15
r State Senate 16
F State Senate 17 r State Senate 18 r State Senate 19 F State Senate 20
r State Senate 21
r State Senate 22 r State Senate 23 r State Senate 24 r State Senate 25
r State Senate 26
r State Senate 27 F State Senate 28 r State Senate 29 r State Senate 30
r State Senate 31
F State Senate 32 F State Senate 33 F State Senate 34 F State Senate 35
r State Senate 36
r State Senate 37 r State Senate 38 r State Senate 39 F State Senate 40
2. California State Assembly
Districts
Select one or more of
Copy and Paste the URL
the California State Assembly Districts where the proposed project activities will occur.
(http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your
browser to determine
the State Assembly district(s).
F State Assembly 01
r State Assembly 02 r State Assembly 03 r State Assembly 04
r State Assembly 05
r State Assembly 06 r State Assembly 07 r State Assembly 08
r State Assembly 09
r State Assembly 10 r State Assembly 11 F State Assembly 12
r State Assembly 13
r State Assembly 14 r State Assembly 15 F State Assembly 16
r State Assembly 17
r State Assembly 18 r State Assembly 19 r State Assembly 20
r State Assembly 21
r State Assembly 22 r State Assembly 23 r State Assembly 24
r State Assembly 25
r State Assembly 26 r State Assembly 27 r State Assembly 28
r State Assembly 29
r State Assembly 30 r State Assembly 31 r State Assembly 32
r State Assembly 33
F State Assembly 34 r State Assembly 35 F State Assembly 36
r State Assembly 37
r State Assembly 38 r State Assembly 39 r State Assembly 40
r State Assembly 41
r State Assembly 42 r State Assembly 43 r State Assembly 44
r State Assembly 45
F State Assembly 46 r State Assembly 47 F State Assembly 48
r State Assembly 49
r State Assembly 50 r State Assembly 51 r State Assembly 52
r State Assembly 53
r State Assembly 54 r State Assembly 55 r State Assembly 56
r State Assembly 57
r State Assembly 58 r State Assembly 59 F State Assembly 60
r State Assembly 61
r State Assembly 62 r State Assembly 63 r State Assembly 64
r State Assembly 65
r State Assembly 66 r State Assembly 67 F State Assembly 68
r State Assembly 69
r State Assembly 70 r State Assembly 71 r State Assembly 72
F State Assembly 73
r State Assembly 74 r State Assembly 75 r State Assembly 76
r State Assembly 77
r State Assembly 78 r State Assembly 79 r State Assembly 80
3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the
Congressional district(s).
r Congressional District 1 r Congressional District 2 F Congressional District 3
r Congressional District 4 F Congressional District 5 F Congressional District 6
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 30 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
r Congressional District 7
r Congressional District 10
r Congressional District 13
r Congressional District 16
r Congressional District 19
r Congressional District 22
r Congressional District 25
r Congressional District 28
r Congressional District 31
r Congressional District 34
r Congressional District 37
r Congressional District 40
r Congressional District 43
r Congressional District 46
r Congressional District 49
r Congressional District 52
4. County
r Congressional District 8
r Congressional District 11
r Congressional District 14
r Congressional District 17
r Congressional District 20
r Congressional District 23
r Congressional District 26
r Congressional District 29
r Congressional District 32
r Congressional District 35
r Congressional District 38
r Congressional District 41
F- Congressional District 44
r Congressional District 47
r Congressional District 50
r Congressional District 53
r Congressional District 9
r Congressional District 12
r Congressional District 15
r Congressional District 18
r Congressional District 21
r Congressional District 24
r Congressional District 27
r Congressional District 30
r Congressional District 33
r Congressional District 36
r Congressional District 39
r Congressional District 42
r Congressional District 45
R- Congressional District 48
r Congressional District 51
Select one or more of the California Counties where the proposed project activities will occur.
r Alameda
r Alpine
r Amador
r Butte
r Calaveras
r Colusa
r Contra Costa
r Del Norte
r EI Dorado
r Fresno
r Glenn
r Humboldt
r Imperial
r Inyo
r Kern
r Kings
r Lake
r Lassen
r Los Angeles
r Madera
r Marin
r Mariposa
r Mendocino
r Merced
r Modoc
r Mono
r Monterey
r Napa
r Nevada
r Orange
r Placer
r Plumas
r Riverside
r Sacramento
r San Benito
r San
Bernardino
r San Diego
r San Francisco
r San Joaquin
r San Luis
r San Mateo
r Santa Barbara
Obispo
r Santa Clara
r Santa Cruz
r Shasta
r Sierra
r Siskiyou
r Solano
r Sonoma
r Stanislaus
r Sutter
r Tehama
r Trinity
r Tulare
r Tuolumne
r Ventura
r Yolo
r Yuba
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 31 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
3. Jurisdictional Control
List All Waterbodies That Are In Your Jurisdictional Control and Fill in the Chart for Each - Objective 4:
Existence of an active enforcement program
4. Staff Dedicated to Abandoned and Surrendered Vessel Activities
Staff Dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active
enforcement program
Total
Identify which
number of
Total
Hours Per
agency has lead
Week
hours Per
jurisdiction for
dedicated
Week
Acres or
What are the
to removal
removing
square
corporate limits
List the other
abandoned
abandoned
of turned in
miles in
of your
agencies who
vessels and
Per Week
Harbormaster
this
agency's
share
accepting
How often does
5.00
waterbody
jurisdictional
jurisdictional
surrendered
your agency
Waterbody
that is your
control in each
control in this
vessels in this
monitor this
Name
jurisdiction
waterbod ?
waterbod .
waterbod .
area?
Newport Harbor
800 Acres
The City has
Orange County
City of Newport
Several times a
jurisdiction of the
Sheriff
Beach - Harbor
day, 7 days a
whole harbor. It is
Department
Department
week
the lead agency in
Harbor Patrol
regards to code
(Emergencies
enforcement,
Only)
unless there is an
emergency, which
becomes the
Orange County
Sheriffs
jurisdiction.
4. Staff Dedicated to Abandoned and Surrendered Vessel Activities
Staff Dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active
enforcement program
Objective 1: Prevention
5. Does your agency participate in the Vessel Turn -in Program ro Yes r No
(VTIP)?
g, How does your agency actively promote, self -turn in, end -of -life and VTIP? Select all that apply. (Answer only if
you selected 'Yes' to Q 5.)
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 32 of 41
Total
number of
Total
Hours Per
number of
Week
hours Per
dedicated
Week
to removal
dedicated
of
to receipt
List staff assigned in their job duties to the removal of
abandoned
of turned in
Total hours
abandoned vessels receipt of surrendered vessels.
vessels
I vessels
Per Week
Harbormaster
5.00
5.00
10.00
Code Enforcement Supervisor
5.00
5.00
10.00
Code Enforcement Officer Trainee 3
15.00
15.00
30.00
Department Assistant
5.00
5.00
10.00
Administrative Analyst
1 1.00
1.00
2.00
Objective 1: Prevention
5. Does your agency participate in the Vessel Turn -in Program ro Yes r No
(VTIP)?
g, How does your agency actively promote, self -turn in, end -of -life and VTIP? Select all that apply. (Answer only if
you selected 'Yes' to Q 5.)
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 32 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
Number of brochures distributed Per Year at:
F Events
F Marinas (list) [emailed 78 marinas]
W Boat owners [900+ emails to registered owners]
r Other [Brochures are available year round at the Harbor Department Office]
Publicity Efforts:
P_ Advertised on your website
Agency newsletters
r PSAs, billboards
F Social media
P_ Other [Email Campaign]
What is your agency's plan for increasing the number of turned in vessels the next calendar year? (Answer
only if you selected 'Yes' to Q 5.)
• The Newport Beach City Council and Harbor Commission have an active interest in the condition of
vessels in Newport Harbor. Staff regularly reports to Council and Commission on the progress of re-
mediating derelict vessels from the Harbor and those either trailered or towed for disposal. Our Code
Enforcement officers often recommend the VTIP to eligible candidates. In addition, the City has a web
page, flyers and email campaigns for VTIP outreach. The City plans to advertise the VTIP more on social
media and traditional media in the coming year, placing out a true "call to action" to our community and the
surrounding areas. So far, most program participants have contacted staff directly, through our existing
advertising efforts and the DBW SAVE Grant web page. In the coming year, the City would like to continue
setting aside a portion of the SAVE Grant to specifically service VTIP vessels in Orange County and the
surrounding counties.
• Newport Harbor is home to 1,200 moorings, 1,200 residential piers, dry storage and 60 marinas. There is
a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problem
vessels clears the mooring Feld, marinas and docks, creating more open space for recreation and
providing more availability for new boaters to store vessels in Newport Harbor. The City certainly works to
remediate issues specific to Newport Harbor, yet accepts vessels from the surrounding area. City staff
understands that the grant funding should not only be used in our Harbor, but also assist the boating
community in our county's region, as a whole.
8. How often does your agency coordinate with local boating groups or marinas to inform them of the vessel
turn -in program? Describe activities and identify groups/marina's contacted in the last calendar year.
(Answer only if you selected 'Yes' to Q 5.)
The City of Newport Beach has an ongoing waiting list of individuals who have reached out to the City with an
interest in turning in their vessel. As the City makes its way down the waiting list of eligible vessels for the VTIP
program, the City also sends out periodic email campaigns/notifications to local boating groups and marina to inform
and remind them of the VTIP program. In the past year, the following groups have been contacted: American Legion
Post 291; Bahia Corinthian Yacht Club, Balboa Bay Club, Balboa Boat Yard, Balboa Yacht Club, Balboa Yacht Club
Marina, Villa Cove Marina, 28th Street Marina, Antibes Marina, Lido Resort/Moana Marina, Lido Peninsula Yacht
Anchorage, Newport Harbor Yacht Club, South Coast Shipyard, Vallely Marina, Vikings Port Marina.
Objective 1: Prevention
9, Do you accept VTIP surrendered vessels from boaters outside (o Yes r' No
your jurisdiction?
If so, how many surrendered vessels have you received in the last
calendar year?
Contract # C2150604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 33 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
If not, identify why?
10. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply.
r Routine patrol of jurisdiction
Wo Visit marinas/dockwalks
r Direct contact with boat owners
W Check vessel registration
P Check seaworthiness (listing, occupancy, trash, bilge running, operable lights)
rAbandoned vessel mapping and tracking
Multi -agency coordination
r Utilize NASA data
11. Describe additional methodologies, if any
The City of Newport Beach Harbor Department staff works with
(besides participation in VTIP) your agency
the boating community to keep vessels seaworthy and operable.
use to prevent abandoned vessels in its
Harbor Department staff conducts patrols of the offshore
jurisdiction?
mooring field, anchorage, public piers, private docks and
marinas, actively inspecting vessel conditions. Staff investigates
reports of distressed vessels and when issues of concern are
discovered, they make contact with owner on record. All mooring
permittees are required to submit proof of vessel insurance and
registration. All short-term mooring renters and marina slip
tenants are also required to demonstrate proof of insurance and
registration. Annually, mooring live-aboards are required to
demonstrate vessel operability and seaworthiness, as well as
showing that the holding tank is in good working order and free
of leaks. The Newport Beach Harbor Commission supports staff
in the identification and remediation of problem vessels.
Objective 2: Control
12, Describe methodologies, if any, you have The City of Newport Beach's Harbor Department staff works to
implemented to control and prevent identify problem vessels during their daily patrols and make
abandoned vessels from entering your contact with the vessel owners. Staff will determine whether the
jurisdiction from other areas. vessel can be brought into compliance and vessel owners are
encouraged to work on their vessels. Other vessels that are
inoperable and not seaworthy are solicited for the VTIP program.
The City Harbor Department staff enforce Newport Beach
Municipal Code Chapter 17, also known as the Harbor Code.
Since using the SAVE grant, the intensity of abandoned vessels
have decreased due to the VTIP option. Staff encourages
owners of derelict and neglected vessels to turn in their vessels,
and make the process as easy as possible for those owners.
However, there are instances when vessels are abandoned in
the public anchorage, piers and mooring fields.
13. Does your agency collaborate with neighboring SAVE grantees manage abandoned (e Yes r- No
and surrendered vessels?
If yes, list agencies and describe collaboration.
The City of Newport Beach's Harbor Department works collaboratively with the O.C. Sheriffs
Department - Harbor Patrol to make contact with certain problem vessels. If a certain problem
vessel is not interested in the VTIP and opts to leave Newport Harbor, the Harbor Department's
Code Enforcement staff will engage with other jurisdictions to advise them about the vessel and the
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 34 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
potential for abandonment in their bodies of water. Our Harbor Department has previously worked
with the cities of Huntington Beach and San Diego.
14. Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels
in your jurisdiction? Explain circumstances/conditions.
As one of the largest small craft recreational harbors on the west coast, Newport Harbor welcomes and serves
transient and local boaters alike. However, over the years, some boaters have found themselves financially unable
to maintain their vessels, opting to turn in their vessel or simply letting the vessel become derelict and/or
abandoned. Transient boaters frequently abandon vessels in Newport Harbor with the idea that the local agencies
will remediate the blight.
City of Newport Beach staff has extensive experience working with boaters as they request assistance turning in
vessels. Due to the cost of hauling out and maintenance, some boaters resort to abandoning their vessels. In those
cases, the City of Newport Beach takes action to relocate, investigate the case and ultimately destroy the vessels.
Objective 5: SNHAP
15. Does your agency have a Submerged Navigational Hazard Abatement Plan (; Yes (- No
(SNHAP)?
If Yes, attach copy. 29351_0 450_City of Newport Beach - Title 17.pdf
16. Identify the detailed process in your SNHAP
Title 17.70.030
for the control and abatement of submerged,
The Harbormaster may authorize the impound of a vessel or
wrecked or abandoned vessels. Identify the
structure located in or over the waters of Newport Harbor or the
detailed process in your SNHAP for the
Pacific Ocean under any of the following circumstances:
abatement of navigational hazards.
A. Unless otherwise permitted under this title, the vessel or
structure is attached to a mooring that is not the vessel or
structure identified on the mooring permit.
B. An unpermitted vessel or structure is attached to a public
mooring, dock, or slip.
C. A vessel or structure is in violation of the anchorage or
berthing requirements of this title.
D. The vessel or structure is left unattended and is moored,
docked, beached, or made fast to land in a position that
obstructs the normal movement of traffic or in a condition that
creates a hazard to other vessels using the waterway, to public
safety, or to the property of another.
E. The vessel or structure interferes with, or otherwise poses a
danger to, navigation or to the public health, safety, or welfare.
17, Identify the SNHAP's detailed process and funding source for the control/abatement of non -vessel related water
hazards, hazardous floating debris (such as logs), submerged objects, and abandoned piers and pilings.
17.20.040 Abandoned or Unattended Vessels and Property: All stray, unattended or abandoned
vessels, timber or any other personal property found in the water or on the shore of Newport Harbor
or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately
reported to the Harbormaster. Any such vessel or property shall be 1.20 and 17.70, or Section 510
et seq. of the California Harbors and Navigation Code, as the same now read or may hereafter be
amended. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be
stray, unattended and abandoned if the vessel is unoccupied by a person during:
A. Any nighttime hours (sunset to sunrise);
Contract # C21S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 35 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
B. Any time period when a small craft advisory or greater has been issued by the National
Oceanic and Atmospheric Administration; or
C. Daylight hours for more than three hours.
Title 17.45.030 D. Refuse and Vessels on Shoreline. No person shall place or allow abandoned
vessels or boats, materials, garbage, refuse, debris, litter, timber or other waste matter of any
description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport
Harbor within the City. The City may remove the same with or without notice, and the cost thereof
may be recovered from any person owning the same, or placing or causing it to be placed on the
shoreline.
Title 17.70.030
The Harbormaster may authorize the impound of a vessel or structure located in or over the waters
of Newport Harbor or the Pacific Ocean under any of the following circumstances:
A. Unless otherwise permitted under this title, the vessel or structure is attached to a mooring that
is not the vessel or structure identified on the mooring permit.
B. An unpermitted vessel or structure is attached to a public mooring, dock, or slip.
C. A vessel or structure is in violation of the anchorage or berthing requirements of this title.
D. The vessel or structure is left unattended and is moored, docked, beached, or made fast to
land in a position that obstructs the normal movement of traffic or in a condition that creates a
hazard to other vessels using the waterway, to public safety, or to the property of another.
E. The vessel or structure interferes with, or otherwise poses a danger to, navigation or to the
public health, safety, or welfare.
F. The vessel or structure poses a threat to adjacent wetlands, levees, sensitive habitat, any
protected wildlife species, or water quality.
G. A vessel or structure is found or operated upon a waterway with a registration expiration date in
excess of one year before the date on which it is found or operated on the waterway.
H. The vessel or mooring permittee does not have proper insurance or owes a debt to the City.
I. Federal or State law permits the City or any peace officer, lifeguard, or marine safety officer
employed by the City to remove, and, if necessary, store a vessel removed from a public waterway.
The City may charge or bring action in the courts of this state to recover any costs pursuant to
impounding a vessel or structure.
Additionally, the City partners with a coalition of Orange County based environmental groups to
further clean-up and identify non -vessel related hazards in Newport Harbor. Over 300 scuba divers
and above -water volunteers on duff ies spend the day checking on problem areas in the harbor and
collecting trash, plastics and other discarded water pollutants. Objects that are too difficult to
retrieve during the day are marked and the appropraite professionals are brought in to assist in the
retrieval of the object. Last year over 4,000 pounds of non -vessel related debris was removed from
Newport Harbor.
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 36 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
Questions 18 - 21 a
Has your agency been involved in abatement activities during the past 3 calendar (; Yes r No
years?
If so, answer the following:
Yearly average number of abandoned vessels removed and destroyed over 4
the past 3 calendar years.
18, What was the average cost to remove and destroy abandoned vessels of 30' or less 0.00
last calendar year?
18 a. What was the average cost to remove and destroy abandoned vessels 30' or less in 3,100.00
the past 3 calendar years?
19, What was the average cost to remove and destroy abandoned vessels 31' or more 9,000.00
last calendar year?
19 a. What was the average cost of disposal to remove and destroy abandoned vessels 8,600.00
31' or more in the past 3 calendar years.
Has your agency been involved in surrendered vessel activities during the past 3 (: Yes r No
calendar years?
If so, answer the following:
Yearly average number of surrendered vessels removed and destroyed over 6
the past 3 calendar years.
20, What was the average cost to receive and destroy surrendered vessels 30' or less 1,900.00
over the past 3 calendar years?
20 a. What was the average cost to receive and destroy surrendered vessels 30' or less 1,500.00
last calendar year?
21. What was the average cost to receive and destroy surrendered vessels 31' or more 6,000.00
in the past 3 calendar years?
21 a. What was the average cost to receive and destroy surrendered vessels 31' or more 6,750.00
last calendar year?
Contract # C21 50604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 37 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
Questions 22 - 30
22, Identify the last three SAVE grants awarded and the percentage of unspent funding that was left in each grant.
ONLY LIST CLOSED GRANTS
23. Identify the number of personnel currently working in the program with more than 2 years' 3
experience managing the SAVE program.
24. What process/method/practice have you
implemented in the last 24 months to reduce
the cost of removal and destruction of
abandoned or surrendered vessels?
Large vessels that are abandoned or impounded are secured
and locked to an offshore mooring. Small crafts are hauled into
dry storage. Staff attempts notification to the last owner for all
vessels with identification markings (CF Numbers or federal
registration), especially those valued over $1,500. Small crafts
such as dinghies, rowboats, kayaks and other non -registered
craft are auctioned to the public on a regular basis. If a vessel
does need to be destroyed, the City requests bids from qualified
contractors for the vessel's destruction and moves forward with
the lowest cost bid.
25. Does your agency have additional funding sources (other than SAVE) for disposal r Yes r+ No
of abandoned vessels in the event you run out of grant funding or are not awarded
the full grant request?
If yes, list
26. Do you or a partner agency have abandoned vessel storage capabilities that can be (; Yes r' No
used by your agency at no cost to SAVE?
27, Does your agency have access/ability to dispose of vessels at a local or r Yes (o No
neighboring landfill?
28. Number of current abandoned vessels in your jurisdiction ready to be destroyed? 1
How were these vessels identified? Impounded due to several code violations. Owner is
unreachable.
29, Number of current surrendered vessels in your jurisdiction ready to be destroyed? 25
How were these vessels identified? Individuals contacted the City of Newport Beach with interest in
participating in the VTIP.
30. Did you collaborate with marinas in your jurisdiction to identify the existing f; Yes r No
abandoned or number of potential surrendered vessels listed in your budget?
If yes, list marinas. American Legion Post 291; Bahia Corinthian Yacht Club, Balboa
Bay Club, Balboa Boat Yard, Balboa Yacht Club, Balboa Yacht
Club Marina, Villa Cove Marina, 28th Street Marina, Antibes
Marina, Lido Resort/Moana Marina, Lido Peninsula Yacht
Anchorage, Newport Harbor Yacht Club, South Coast Shipyard,
Vallely Marina, Vikings Port Marina
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 38 of 41
Percentage of
Year
Amount
funding left
Name of SAVE grants awarded
Awarded
Awarded
over
C17SO608
2017/18
125 000.00
0.00
23. Identify the number of personnel currently working in the program with more than 2 years' 3
experience managing the SAVE program.
24. What process/method/practice have you
implemented in the last 24 months to reduce
the cost of removal and destruction of
abandoned or surrendered vessels?
Large vessels that are abandoned or impounded are secured
and locked to an offshore mooring. Small crafts are hauled into
dry storage. Staff attempts notification to the last owner for all
vessels with identification markings (CF Numbers or federal
registration), especially those valued over $1,500. Small crafts
such as dinghies, rowboats, kayaks and other non -registered
craft are auctioned to the public on a regular basis. If a vessel
does need to be destroyed, the City requests bids from qualified
contractors for the vessel's destruction and moves forward with
the lowest cost bid.
25. Does your agency have additional funding sources (other than SAVE) for disposal r Yes r+ No
of abandoned vessels in the event you run out of grant funding or are not awarded
the full grant request?
If yes, list
26. Do you or a partner agency have abandoned vessel storage capabilities that can be (; Yes r' No
used by your agency at no cost to SAVE?
27, Does your agency have access/ability to dispose of vessels at a local or r Yes (o No
neighboring landfill?
28. Number of current abandoned vessels in your jurisdiction ready to be destroyed? 1
How were these vessels identified? Impounded due to several code violations. Owner is
unreachable.
29, Number of current surrendered vessels in your jurisdiction ready to be destroyed? 25
How were these vessels identified? Individuals contacted the City of Newport Beach with interest in
participating in the VTIP.
30. Did you collaborate with marinas in your jurisdiction to identify the existing f; Yes r No
abandoned or number of potential surrendered vessels listed in your budget?
If yes, list marinas. American Legion Post 291; Bahia Corinthian Yacht Club, Balboa
Bay Club, Balboa Boat Yard, Balboa Yacht Club, Balboa Yacht
Club Marina, Villa Cove Marina, 28th Street Marina, Antibes
Marina, Lido Resort/Moana Marina, Lido Peninsula Yacht
Anchorage, Newport Harbor Yacht Club, South Coast Shipyard,
Vallely Marina, Vikings Port Marina
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 38 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
Budget
List Identified Abandoned Vessels CF #s
VESSEL
LENGTH
ESTIMATED
COST
Pescaholic - Hull ID: VKY48478G788
49
17,000.00
Total
1 17,000
List Identified Surrendered Vessels CF #s
VESSEL
LENGTH
ESTIMATED
COST
1993 Champion - CF 7845 NC
18
2,700.00
1984 Sunrunner - CF 8143 TP
28
4,000.00
Sea Ra - CF 8739 EX
24
3,800.00
1967 Schuster Tahiti - CF 3422 ES
18
3,200.00
1999 Force 4 - CF 8415 SV
9
750.00
Cabin Cruiser - Unknown CF; Identified Owner
27
4,000.00
Sailboat - Unknown CF• Identified Owner
21
3,400.00
Ba liner - Unknown CF; Identified Owner
17
2,500.00
Catalina - Unknown CF; Identified Owner
27
3,900.00
Sailboat Victoria - Unknown CF• Identified Owner
18
3,200.00
1984 Bavara Sailboat - Unknown CF• Identified Owner
27
4,000.00
Ba liner - Unknown CF• Identified Owner
18
3,200.00
Ranger - Unknown CF; Identified Owner
19
3,300.00
Pearson Commander - Unknown CF; Identified Owner
26
3,900.00
1975 Ericson - Unknown CF• Identified Owner
35
8,700.00
1980 Sloop Guess - Unknown CF; Identified Owner
45
10,000.00
1970s Glastron Ski Boat
17
2,500.00
Saint Ma - CF 9223 FV
46
23,000.00
Total 1
90,050.00
Estimate Additional Abandoned Vessels
VESSEL
LENGTH
ESTIMATED
COST
Estimate about 4 vessels being abandoned over the 2 years
9-50
14 250.00
Total
14,250.00
Justification: Abandoned vessels tend to be on the larger side, so we anticipate 2 vessels being
abandoned a year, for two years, for a total of 4 vessels with an average destruction
cost of $3,750.
Estimate Additional Surrendered Vessels
VESSEL
LENGTH
ESTIMATED
COST
Antici atin 18-20 vessels to be surrendered over the 2 years
9-50
53 700.00
Total
53,700.00
Justification: With an intensified VTIP campaign, we anticipate a minimum of 10 vessels to be
turned it per year, for two years, for a total of 20 vessels to be surrender, with an
average destruction cost of $2,750.
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 39 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
TOTAL REQUEST 175,000
PLUS 10% MATCH 17,500
TOTAL PROJECT COST 192,500
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 40 of 41
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Applicant Certification
Per Harbors and Navigation Code 525 (C) `A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10% contribution from the local agency receiving the grant." Matching fund may be
rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW.
These contributions may include (but are not limited to) the following: administrative costs, personnel hours,
removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met.
a. r Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s),
and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the
information contained herein is true, accurate, correct, and complete.
b. r I certify that I am the person authorized to submit this application on behalf of the applicant.
Prepared by: Name: Melanie Franceschini Date: 04/29/2021
Reviewed by: Name: Matt Cosylion Date: 04/29/2021
Approving Officer: Name: Carol Jacobs Date: 04/29/2021
Contract # C21 S0604, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2021/2022, Date: 09/10/2021 Page: 41 of 41