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Home My WebLink AboutC-7252-4 - Grant Agreement - Certificate of Funding for Surrendered and Abandoned Vessel Exchange (SAVE-23)Exhibit A 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-23) GRANT AMOUNT: $175,000.00 GRANT NUMBER: C23 06 6 GRANT TERM: L� through September 30, 2025 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: Grace K. Leun9 Title of Authorized Representative: C 1h N1an69 a+r Date: 10/IZ / W-Z APPROVED AS TO FORM: CITY ATT"EY'SOFFI �Y'rney Agency: Department of Parks and Recreation Division of Boating and Waterways ATTN: Deborah Holmes Address: 4940 Lang Ave., Dock H, Administration, Floor 12 McClellan, CA 5652 Authorized Signature: Printed Name: Keren Dill Title Date: Attest: 10 Staff Services Manager II L.eiiani L. Brown, M C, City Clerk u Date: 10. ;� c\�FORN% Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 Page: 1 of 44 CERTIFICATE OF FUNDING (FOR STATE USE ONLY) GRANTEE: City of Newport Beach GRANT TITLE: FY 2023/24 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $175,000.00 GRANT NUMBER: C23SO606 END DATE: September 30, 2025 AGREEMENT NO AMENDMENT NO 10000035109 SUPPLIER ID PROJECT NO 137900THER C23SO606 AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO ENCUMBERED BY Surrendered and Abandoned Vessel Exchange (SAVE-23) 053706 THIS DOCUMENT $175,000.00 REPORTING Approp. Ref. Fund CHAPTER STATUTE FISCAL YEAR STRUCTURE 3790-101-0577 12 2023 2023/24 37900709 BUSINESS UNIT INDEX PROGRAM ACTIVITY CODE ACCOUNT 3790 INIA 12855023 169994 15432000 Contract # C23S0606. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 2 of 44 STATE OF CALIFORNIA Department of Parks and Recreation, Division of Boating and Waterways P.O. Box 942896, Floor 12 Sacramento CA 94296 SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE) FISCAL YEAR 2023/24 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: Deborah Holmes Grantee Representative*: Melanie Franceschini Title: Program Administrator Title: Administrative Analyst Address: 4940 Lang Ave., Dock H, Administration, Floor 12 McClellan, CA 95652 Mailing Address: 100 Civic Center Drive, Newport Beach, CA 92627 Remit to Address: Phone: (916) 902-8821 Phone: (949) 644-3028 Fax: Fax: Email: deborah.holmes@parks.ca.gov Email: mfranceschini@newportbeachca.gov * Grantee representative information may only be changed by giving 30 days written notice to DBW. Contract # C23S4606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/2012023 Page: 3 of 44 INDEX PAGE EXHIBIT B GRANT TERMS AND CONDITIONS 1. PURPOSE OF THE PROGRAM 6 2. RIGHT OF INSPECTION 7 3. ANNUAL MEETING 7 4. TIMELINES 7 5. HAZARDOUS MATERIALS 7 6. TITLES AND LIENS 7 7. GRANTEE CITATIONS - ABANDONED VESSELS 7 8. MEDIA 7 9. MEDIA MATERIALS RELEASE 8 10. PERMITS AND DOCUMENTATION 8 11. SECURING OF BIDS 9 12. CONTRACTS WITH SERVICE PROVIDERS 9 13. SUBCONTRACTORS 9 14. TRAFFIC CONTROL AND TRAFFIC SAFETY 9 15. AIR OR WATER POLLUTION VIOLATION 9 16. ENTIRE AGREEMENT 9 17. APPROVAL OF AGREEMENT AND AMENDMENT'S 9 DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION 18 10 REQUIREMENT 19. AUTHORITY TO CONTRACT 10 20. COMPLIANCE WITH LAW AND REGULATIONS 10 21. INDEPENDENT CONTRACTOR 10 22. INSURANCE REQUIREMENTS 10 23. TERMINATION 13 24. ASSIGNMENT 13 25. MATCHING 10% REQUIREMENT 13 26. BUDGET DETAIL AND PAYMENT PROVISIONS 14 27. BUDGET CONTINGENCY CLAUSE 16 28. INDEMNIFICATION 16 29. FUNDS ASSIST 17 30. FUNDS ASSIST INDEMNIFICATION 18 Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date - 0912012023 Page: 4 of 44 31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW 18 32. ANTI -CORRUPTION 18 EXHIBIT C GENERAL TERMS AND CONDITIONS 19 EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23 EXHIBIT E DARFUR CONTRACTING ACT 27 Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: M20l2023 Page: 5 of 44 EXHIBIT B - GRANT TERMS AND CONDITIONS SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM PURPOSE OF THE PROGRAM: a. 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: (1) 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." (2) 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." (3) 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. b. 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. C. 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. d. 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 Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09l2012023 Page: 6 of 44 vessels are eligible for SAVE funding. 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 AND GRANT MANAGEMENT WEBINAR Grantee's representative or alternate shall participate in an annual grant management and regional coordination 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. All Grantee staff and volunteers are required to view the SAVE Grant Management webinar available on the DBW website prior to performing work on the SAVE grant. 4. TIMELINESS Grantee agrees to complete the scope of work submitted in its application in a timely fashion. 5. 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. 6. 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. 7. 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. 8. MEDIA Grantee agrees to acknowledge DBW's financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material. Contract 1a C235e606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09120/2023 Page: 7 of 44 9. MEDIA MATERIALS RELEASE Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"), the non-exclusive, royalty -free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its 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. 10. PERMITS AND DOCUMENTATION Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, Contract N C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024. Date- 0912012023 Page: 8 of 44 Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law. 11. SECURING OF BIDS Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts 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. 12. 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 (C23SXXXX) must appear on the certificate of insurance. 13. 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 (C23SXXXX) must appear on the certificate of insurance. 14. 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. 15. 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. 16. 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. Failure by the Grantee to comply with the terms of any Department of Parks and Recreation grant agreement may jeopardize the grantee's ability to be awarded funding in future funding opportunities offered by the Department of Parks and Recreation. Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09120/2023 Page: 9 of 44 17. 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. 18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this agreement. 19. 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. 20. 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 of 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. 21. 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. 22. INSURANCE REQUIREMENTS The abatement, removal, storage, and for 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). a. GENERAL PROVISIONS APPLYING TO ALL POLICIES (1) 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 Contract k C23SO606. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE} Fiscal Year 202312024, Date- 09120J2023 Page: 10 of 44 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. (3) Deductible Grantee is responsible for any deductible or self -insured retention contained within their insurance program. (A) 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 rati All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self -insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or GRIM. (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. H Use of Subcontractors In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of subcontractor's insurance to the State when requested equal to policies, coverages, and 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." Contract # CM0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023)2024, Cate: 09/20/2023 Page: 11 of 44 This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. (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 Liabil 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 Contract # CM0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09f20/2023 Page: 12 of 44 Insurance Management. Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials. 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. Approver initials : (;rL, Date: Jo I ,VU2-5 Name: Gace K. Len vr I Title: CtE) Mtn24 23. TERMINATION a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee. b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days written notice. C. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement. d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately 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. 24. 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. 25. 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 Contract # C235O606, City of Newport Beach, surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, pate 0912012023 Page: 13 of 44 only with no benefits included) for work completed directly toward SAVE program objectives. 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 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: (1) Activity date (2) Vessel/issue name or description (3) Personnel name (4) Description of SAVE program service provided (5) Number of hours provided by each person (may not exceed more than 8 hours per person per day.) (6) 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. 26 BUDGET DETAIL AND PAYMENT PROVISIONS a. Covered Expenses and Reimbursement Claims Processes (1) 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: (a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feet at low water are not eligible without prior DBW approval. (b) Mast and/or rigging removal if vessel is in waters greater than 15 feet deep at low water. (c) Vessel removal from accessible locations (d) Hazardous materials (hazmat) removal and disposal (e) Towing (f) 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. (g) Lien sale expenses: fees charged by lien sale service companies, postage, DMV fees, and advertising costs (h) Public notice advertising (i) Vessel appraisal Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange {SAVE) Fiscal Year 202312024, Date: 09120l2023 Page: 14 of 44 0) Salvage and demolition (2) 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: (a) Vessel and/or hazardous material removal and disposal (b) Towing from grantee's facility to landfill (c) Demolition (3) Other expenses may be considered with advance written approval from DBW. (4) Ineligible expenses include hand tools, consumables, grantee direct staffing, time and materials from subcontractors, etc. without prior written approval from DBW. b. 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 in blue ink and submit with the following documents to DBW: (1) 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 (GPS if possible) (f) Vessel name, CF# or HIN# if available; otherwise, description of vessel (2) 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) Copy of credit card statement 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. (3) 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. (4) Photos of vessels (Required) (a) One photo showing the vessel where it was abandoned and the CIF or HIN number (if available). If the CF number is not visible/available, photo must show description used on clam form. Photos of surrendered vessels need to show the CIF or HIN number, if Contract # C2350606, G4 of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 0912012023 Page: 15 of 44 available. (5) 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). 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, DMV registration form; or a DMV issued junk slip. Power of Attorney or DMV issued marina lien documents the marina has legal interest 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. (6) DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incident reports, CLETS printouts, internal routing forms, accounting journals, etc. C. Submit one (1) hard copy and one (1) electronic copy of each reimbursement claim form and all supporting document to: Division of Boating and Waterways 4940 Lang Avenue H Dock McClellan Park, CA 95652 Attention: SAVE Program Manager Email: deborah.holmes@parks.ca.gov d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shall result in forfeiture of all funds advanced and provided under this agreement. e. The Grantee shall maintain accounting records in accordance with Generally Accepted Accounting Principles. f. All requests for payment must be submitted to DBW no later than 45 days after the expiration date of the agreement. DBW is not obligated to make any payment on any reimbursement request(s) received or for any services completed after this date. 27. 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. Contract N C2350606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09I20a023 Page: 16 of 44 28. 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. 29. FUNDS ASSIST The Funds Assist process has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within three (3) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW's discretion. The Funds Assist process works as follows: 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: (1) A Tax Identification Form (W-9) (2) All requirements/documents apply as outlined in this agreement under #24 (3) A statement on Agency B's letterhead invoicing Agency A for the total reimbursement request. (4) Copies of completed forms and support documents to DBW for pre - approval. Agency A completes the following actions: (1) 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). (2) 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. (3) Email the documents to the DBW program administrator for review. Once reviewed and approved, send finalized claim forms to DBW for payment processing. Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange {SAVE} Fscal Year 2023/2024, Date: 09/2012023 Page: 17 of 44 DBW will act as a courtesy liaison between the agencies to ensure (as much as possible) that documents are correctly processed. Contract # C235O606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVF) Fiscal Year 202312024, Date: 0912012023 Page: 18 of 44 30. 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, 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: Date: IU J I ZI/ ZOZ') Name: a le Title: LN R mrRerr 31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW Grant agreements issued to the awarded agency must be completed and returned within 94 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. 32. ANTI -CORRUPTION SAVE grantees are required to report to DBW any written, suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE grant in order to increase their fee(s), for possible investigation of price gouging. A two year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review. Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date, 09120/2023 Page: 19 of 44 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained. 2. EFFECTIVE DATE: Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not required, this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date. 3. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 4. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. 5. AUDIT: Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 6. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement. 7. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. 8. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09)2012023 Page: 20 of 44 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 duo 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 of 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 0412017 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. Contract # C2350606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 0912012023 Page: 21 of 44 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: "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with ail applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and Contract # C2350606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, [late: 0912012023 Page: 22 of 44 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).) Contract q C2350606, City of Newport Beach, surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/2012023 Page: 23 of 44 EXHIBIT D 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) A!5� Printed Name and Title of P on Signing Gyegce K. L un bM or Date Executed Executed in the County of 10 IZ 7i0Z5 Orange GRANTEE CERTIFICATION CLAUSES STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 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 carry Gut the requirements as noted above. (Gov. Code §8350 et seq.) Contract # C2350606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 24 of 44 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State. Failure to make a good faith effort may be cause for non -renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a). Contract 9 C2350606, City of Newport Beach, Surrendered and Ahandoned Vessel Exchange (SAVE) Fiscal Year 202M024, Date: 09120l2023 Page: 25 of 44 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. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 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 CODEIWORKERS' 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) Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 26 of 44 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. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. Contract # C23S0606. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 0912012023 Page: 27 of 44 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 # C23SO606, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202W2O24, pate- 09l2012023 Page: 28 of 44 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 proposerlbidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed) Federal ID Number {grantee_name) {fed_l 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. CompanyNendor 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09120/2023 Page: 29 of 44 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 Unique Entity Id. g. Agency Type f: City - County f- Federally or State Recognized Native American Tribe District Goals and Objectives Based on an agencies application, DBW will prioritize funding according to agencies with the most need, cost efficient methods, and effective prevention strategies. Additionally, points are awarded for agencies that work with their local private marina owners in the prevention of abandoned vessels. 2 Project Information a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024 b. Is implementing agency same as Applicant f. Yes + No c. Implementing Agency Name d. Project Start Date Oct-01-2023 End Date Sep-30-2025 e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00 3. Billing Address If billing address is different than Applicant an&or Contact, please provide a. Billing Agency Name: Address: City: Phone: State: Zip: Contract # C2350606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date, 0912012023 Page: 30 of 44 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 Paul Blank Title Harbormaster !Nailing Address 1600 W. Balboa Boulevard City Newport Beach State CA Zip 92663 Telephone (949) 270-8158 Fax E-mail Address pblank@newportbeachca.gov Contract # C23So606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Rate: 09/20/2023 Page: 31 of 44 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? i± Yes 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 anchorages areas. City Harbor Department staff work 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 37448_0_106 NB involvement and its jurisdiction for prevention and removal of abandoned vessels u.pclt a o e Ile and accepting surrendered vessels. 3. Has your agency been out of compliance with the terms of any other Department of r Yes r* No Parks and Recreation contract or grant agreements within the past 3 years? Contract 9 C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024. date: 09/M2023 Page: 32 of 44 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 (httpalwww.legislature.ca.govllegislators_and_districts/districts/districts.htmi) in your browser to determine the State Senate district(s). r State Senate 01 r State Senate 02 State Senate 03 f- State Senate 04 State Senate 05 r State Senate 06 r State Senate 07 State Senate 08 i- State Senate 09 State Senate 10 r State Senate 11 r State Senate 12 r State Senate 13 i State Senate 14 r State Senate 15 r State Senate 16 r State Senate 17 r State Senate 18 State Senate 19 r State Senate 20 State Senate 21 r State Senate 22 r State Senate 23 State Senate 24 r State Senate 25 r State Senate 26 State Senate 27 r State Senate 28 State Senate 29 r State Senate 30 r State Senate 31 r State Senate 32 r State Senate 33 r State Senate 34 r State Senate 35 r State Senate 36 State Senate 37 f State Senate 38 r State Senate 39 r State Senate 40 2. California State Assembly Districts Select one or more of the California State Assembly Districts where the proposed project activities will occur. Copy and Paste the URL (http:llwww.legislature.ca.gov/legislators_and_distri(;tsldistriotsldistricts.html) in your browser to determine the State Assembly district(s). r State Assembly 01 r State Assembly 02 I- State Assembly 03 r State Assembly 04 r State Assembly 05 r State Assembly 06 1- 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 1` 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 !- State Assembly 23 r State Assembly 24 r State Assembly 25 f State Assembly 26 r State Assembly 27 r State Assembly 28 r State Assembly 29 State Assembly 30 I- State Assembly 31 1- State Assembly 32 r State Assembly 33 r State Assembly 34 r State Assembly 35 r 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 Assembiy 43 r State Assembly 44 r State Assembly 45 r State Assembly 46 r State Assembly 47 r State Assembly 48 r State Assembly 49 r State Assembly 50 r State Assembly 51 r State Assembly 52 i State Assembly 53 r State Assembly 54 1- State Assembly 55 r State Assembly 56 r State Assembly 57 (" State Assembly 58 r State Assembly 59 r State Assembly 60 r State Assembly 61 C State Assembly 62 r State Assembly 63 r State Assembly 64 r State Assembly 65 r State Assembly 66 r State Assembly 67 r State Assembly 68 f- State Assembly 69 r State Assembly 70 r State Assembly 71 r State Assembly 72 r State Assembly 73 f State Assembly 74 f- State Assembly 75 r State Assembly 76 r State Assembly 77 l` State Assembly 78 i- State Assembly 79 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:llwww.govtrack.ustcongress/members/CA) in your browser to determine the Congressional district(s). r Congressional District 1 r Congressional District 2 r Congressional District 3 r Congressional District 4 r Congressional District 5 C- Congressional District 6 Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date- 09/2012023 Page: 33 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan r Congressional District 7 r Congressional District 10 f" Congressional District 13 r Congressional District 16 r Congressional District 19 r Congressional District 22 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 r Congressional District 8 r Congressional District 11 Congressional District 14 r Congressional District 17 f Congressional District 20 r Congressional District 23 Congressional District 26 r Congressional District 29 r Congressional District 32 r Congressional District 35 r Congressional District 38 r Congressional District 41 r Congressional District 44 Congressional District 47 r Congressional District 50 r Congressional District 53 r Congressional District 9 Congressional District 12 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 4. county 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 Contra Costa r Del Norte r El Dorado r Fresno r Glenn r Imperial 1` Inyo r Kern r Kings r Lake r Los Angeles r Madera r Marin r Mariposa r Mendocino r Modoc r Mono r Monterey r Napa r Nevada r Placer r Plumas r Riverside r Sacramento r San Benito r San Diego r San Francisco r San Joaquin r Santa Clara i Santa Cruz r Shasta r Sonoma r Stanislaus r Sutter r Tuolumne r Ventura r Yolo r San Luis Obispo r Sierra r Tehama r Yuba r San Mateo r Siskiyou i" Trinity r Colusa r Humboldt r Lassen r Merced ro Orange r San Bernardino r Santa Barbara r Solano r Tulare Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09t2012023 Page: 34 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan Jurisdictional Control List all waterbodies that are in your jurisdictional control and fill in the chart for each - What are your Primary Responsibilities in your AOR - Objective 4: Existence of an Active Enforcement Program Identify which agency has lead jurisdiction for Acres or removing square abandoned miles of What are the List all other vessels and Identify this corporate limits agencies who accepting How often your waterbod of your agency's share surrendere does your primary y in your jurisdictional jurisdictional d vessels in agency responsibili Waterbody jurisdicti control in each control of this this monitor this ties in this Name on waterbod ? waterbod . waterbod . area? waterbod Newport 800 Acres The City has Orange County City of Several times Code Harbor jurisdiction of the Sheriff Department Newport a day, 7 days Enforcement, whole harbor. It is Harbor Patrol Beach- a week Patrol the lead agency in (Emergencies Harbor regards to code Only) Department enforcement, unless there is an emergency, which becomes the Orange County Sheriff's 'urisdiction. 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 Total number of number of Hours Per hours Per Week Week dedicated dedicated to removal to receipt of of List staff assigned in their job duties to the removal of abandoned surrendere Total hours abandoned vessels and receipt of surrendered vessels. vessels d vessels I Per Week Harbormaster 5,001 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 10.00 15.00 Management Analyst 1.00 3.00 4.00 Objective 1: Prevention Does your agency participate in the Surrendered Vessel Program? 1: Yes No Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Hate: 09/20/2023 Page: 35 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan 6. Select activities, enter number of brochures and info on how your agency promotes vessel surrendering efforts Number of brochures distributed per year at: # of Brochures List names of Events 100 Monthly Harbor Commission Meetings 80 CommunityMeetings and Presentations # of Brochures List names of Marinas 20 Ba side Village Marina 20 Balboa BayGlub 201 Newport Dunes Waterfront 20 California Recreational Marina # of Brochures List names of Other Activities 1,348 Web a e visits 50 Brochures Available in Office Publicity Efforts: F Advertised on your website r Agency newsletters PSAs, billboards Social media 10 Other {Email Campaign] Question 7 Did your agency have a plan to increase the number of surrendered vessels accepted over the last calendar year? If so, what was the plan and what were the results?. Additionally, what is your plan to increase the number of surrendered vessels you accept this year? • The Newport Beach City Council and Harbor Commission have an active interest in the condition of vessels in Newport Harbor. Staff regularly reports to the City Council and the Harbor Commission on the progress of remediating derelict vessels from the Harbor and those traileredltowed for disposal. The Code Enforcement officers often recommend the VTIP to eligible candidates. In addition, the City has a web page, flyers, social media posts and email campaigned for VTIP outreach. Most program participants contact staff directly, through 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 a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problematic vessels clears the mooring fields, 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 in Newport Harbor, but accepts vessels from the surrounding cities and counties. City staff understands that the grant funding should assist the boating community in the Southern California region, as a whole. Contract # C235D606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Dates 09/2012023 Page: 36 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan Question 8 g. How often does your agency coordinate with local boating groups or marinas to inform them of the vessel surrendered 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, social media blasts, notifications, and ads to local marina and boating groups to inform them and remind them of the VTIP program. Objective 1: Prevention g, Do you accept surrendered vessels from boaters outside your r? Yes F" No jurisdiction? If so, how many surrendered vessels have you received in the last 12 calendar year? If not, identify why? 10. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply. Routine patrol of jurisdiction r Visit marinasldockwalks r Direct contact with boat owners Check vessel registration r Check seaworthiness (listing, occupancy, trash, bilge running, operable lights) r Abandoned vessel mapping and tracking Cw Multi -agency coordination r Utilize NASA data 11. Describe additional methodologies, if any, (besides participation in SAVE) your agency use to prevent abandoned vessels within its jurisdiction? Objective 2: Control The City of Newport Beach Harbor Department staff works with the boating community to keep vessels seaworthy and operable. Harbor Department staff conducts patrols of the offshore mooring field, anchorage, public piers, private docks and marinas, actively inspecting vessel conditions. Staff investigates reports of distressed vessels and when issues of concern are discovered, making contact with the 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. 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 makes abandoned vessels from entering your contact with vessel owners. Staff will determine whether the jurisdiction from other areas. vessel can be brought into compliance and vessel owners are contract 9 C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 37 of 44 EXHIBIT F - Grant Application: Letter of intent, Scope of Work and Work Plan 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 enforces Newport Beach Municipal Code Chapter 17, also known as the Harbor Code. Since obtaining the SAVE Grant, the amount of abandoned vessels have decreased due to the VTIP. Staff encourages owners of derelict and neglected vessels to turn in their vessels, making the process as streamlined as possible for the vessel owners. However, there are instances when vessels are abandoned in the public anchorage, piers and mooring fie#ds in Newport Beach or neighboring jurisdictions. 13, Does your agency collaborate with neighboring SAVE grantees that manage Yes r- No abandoned 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 problematic 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 potential for abandonment in their bodies of water. This past year, the City also worked with the City of Long Beach to remove a vessel that was evicted from a Long Beach marina, but the owner was interested and qualified for VTIP. The agency to agency partnership and cooperation made this particular vessel turn -in as smooth as possible for the owner. 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 services transient and local boaters alike. However, over the years, some boaters have found themselves financially unable to maintain their vessels, opting to turn in the 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 Harbor Department 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 f Yes No (SNHAP)? If Yes, attach copy. 37469_0_629_NB Municipal Code Title 17.pdf 16. Summarize the detailed process in your 17.70.030 - impound of Vessels or Structures: The SNHAP for the abatement of non -vessel Harbormaster may authorized the impound of a vessel or related navigational hazards and commercial structure located in or over the waters of Newport Harbor or the vessels. 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. 0. The vessel or structure is left unattended and is moored, Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023)2024, late, 09120/2023 Page: 38 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan 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. 17. Identify the SNHAP's funding source for the controllabatement of non -vessel related water hazards, hazardous Floating debris (such as logs), submerged objects and abandoned piers and pilings 17.20.040 - 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 int he lawful possession or control of some person, shall be immediately reported to the Harbormster. Any such vessel or property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 and 17.70, or Section 510 et seq. of the California Harbor 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); B. Any time period when a small craft advisroy or greater has been issued by the National Oceanic and Atmospheric Administration; or C. Daylight hours for more than three hours. 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 waster 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. 17.70.030 - Impound of Vessels or Structures: The Harbormaster may authorized 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. Contract # C23SC606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09f2012023 Page: 39 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan 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 didentify non -vessel related hazars in Newport Harbor. Over 300 scube divers and above -water volunteers on duffies 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 retreieve during the day are marked and the appropriate professionals are brought in to assist in the retrieval of the object. Last year, over 5,000 pounds of non -vessel related debris was removed from Newport Harbor. Contract # 023SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024. Date: 09/2012023 Page: 40 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan Questions 18 - 21a Has your agency been involved in abatement activities during the past 3 calendar Yes - No years? If so, answer the following: Yearly average number of abandoned vessels removed and destroyed over 3 the past 3 calendar years. 18. What was the average cost to remove and destroy abandoned vessels of 30' or 0.00 less in the last calendar year? 18 a. What was the average cost to remove and destroy abandoned vessels 30' or less 4,600.00 in the past 3 calendar years? 19. What was the average cost to remove and destroy abandoned vessels 31' or more 19,500.00 in the last calendar year? 19 a. What was the average cost of disposal to remove and destroy abandoned vessels 14,250.00 31' or more in the past 3 calendar years. Has your agency been involved in surrendered vessel activities during the past 3 Yes - No calendar years? If so, answer the following: Yearly average number of surrendered vessels removed and destroyed over 20 the past 3 calendar years. 20. What was the average cost to receive and destroy surrendered vessels 30' or less 2,200.00 last calendar year? 20 a. What was the average cost to receive and destroy surrendered vessels 30' or less 2,100A0 over the past 3 calendar years? 21. What was the average cost to receive and destroy surrendered vessels 31' or 11,800.00 more last calendar year? 21 a. What was the average cost to receive and destroy surrendered vessels 31' or 9,700.00 more in the past 3 calendar years? Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAW-:) Fiscal Year 202312u24, uate: UWLU12uZ3 rage: 4 1 01 44 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 Percentage of Year Amount funding left Name of SAVE grants awarded Awarded Awarded over C17SO608 2017/18 125,000.00 0 C19SO608 2019120 175 000.04 6 23. Identify the number of personnel currently working in the program with more than 2 years' 4 experience managing the SAVE program. 24. What process/method/practice have you Large vessels that are abandoned or impounded are secured implemented in the last 24 months to reduce and locked to an offshore mooring. Small crafts are hauled into the cost of removal and destruction of dry storage. Staff attempts notification to the last owner for all abandoned or surrendered vessels? 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 auction to the public twice a year. if a vessel does need to be destroyed, the City requests bids from qualified contractors or 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 i-- Yes 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 is Yes T No used by your agency at no cost to SAVE? 27. Does your agency have accessiability to dispose of vessels at a local or Yes f 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? 10 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 number of f. Yes r- No 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; Valley Marina; Vikings Port Marina Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date- 09/20/2023 Page: 42 of 44 EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan Budget List Identified Abandoned Vessels CF #s Total number of vessels VESSEL LENGTH ESTIMATED COST USCG 1094604 1 41 15 000.00 Total 15,000 List Identified Surrendered Vessels CF #s Total number of vessels VESSEL LENGTH ESTIMATED COST CF 3262 FL 1 27 6,000.00 CF 6060 CW 1 30 6,000.00 CF 6782 TT 1 22 3,000.00 CF 9044 UX 1 16 1,500.00 CF 9981 HX 1 19 1,500.00 USCG 1082501 1 41 15 000.00 USCG 682311 1 40 15,000.00 CF 3251 FD 1 38 15,000.00 CF 6936 ZD 1 14 1,000,00 CF 3366 GJ 1134 1 6,000.00 Total 10 1 70,000.00 Total number VESSEL ESTIMATED Estimate Future Abandoned Vessels of vessels LENGTH COST Estimate about 4 vessels being abandoned over the two 3 9-50 30,000.00 ears Total 1 3 30,000.00 Justification: Abandoned vessels tend to be on the larger side, so we anticipate 3 vessels being abandoned a year, with an average destruction cost of $10,000. Total number VESSEL ESTIMATED Estimate Future Surrendered Vessels of vessels LENGTH COST Anticipating 18-20 vessels to be surrendered over the 2 20 9-50 60,000.00 ears Total 20 60,000.00 Justification: With the demand for VTIP in the region, we anticipate a minimum of 10 vessels to be turned in per year, for two years, for a total of 15 vessels to be surrendered, with an average destruction cost of $4,000. TOTAL REQUEST 175,000 PLUS 10% MATCH 17,500 TOTAL PROJECT COST 192,500 Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 0W2012023 Page: 43 of 44 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. Under penalty of perjury, I certify that I have examined this application and the document(s), proposa€(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. I certify that I am the person authorized to submit this application on behalf of the applicant. Prepared by: Name: Melanie Franceschini Date: 04/28/2023 Reviewed by: Name: Cynthia Shintaku Date: 04/28/2023 Approving Officer: Name: Paul Blank Date: 04/28/2023 Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023f2024, Date: 09/2012023 Page: 44 of 44 RESOLUTION NO. 2023-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS FOR THE SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM (SAVE) WHEREAS, the City of Newport Beach ("City") is desirous of preserving and promoting uses that contribute to the charm and character of Newport Harbor; WHEREAS, the City removes abandoned and surrendered vessels from Newport Harbor and the greater Southern California region pursuant to local, county, state and federal regulations; WHEREAS, the Division of Boating and Waterways of the California Department of Parks and Recreation ("State") is authorized to distribute grants, through the Surrendered and Abandoned Vessel Exchange Program ("SAVE") to local public agencies that have jurisdiction over navigable waterways in California for the removal of abandoned and surrendered vessels; WHEREAS, the City submitted a grant application seeking funds from SAVE for the City's vessel removal program in Newport Harbor; WHEREAS, the State reviewed and approved the City's grant application and awarded One Hundred Seventy -Five Thousand Dollars and 001100 ($175,000.00) for the City's removal of abandoned and surrendered vessels from Newport Harbor ("Grant"), subject to the terms and conditions of the grant agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, in accordance with City Council Policy F-25 "Grant Administration," the City Council hereby intends to approve and accept the Grant. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves and accepts the Grant, made available through SAVE and administered by the State, subject to the terms and conditions of the grant agreement. Resolution No. 2023-59 Page 2 of 3 Section 2: The City Manager is hereby authorized to execute the grant agreement and any documents necessary for the City to secure payment of the Grant funds and effectuate the purposes for which the Grant was awarded. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-59 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10111 day of October, 2023. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ," c Aa,(od C. Harp City Attorney Attachment; Exhibit A — Grant Agreement STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-59 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 101" day of October, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Councilmember Grad Avery, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None ABSENT: Mayor Pro Tern Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 111h day of October, 2023. AaW4. ��_ Leilani 1, Brown City Clerk Newport Beach, California L'�i-rFa¢�