HomeMy WebLinkAboutC-7703-3 - On-Call PSA for Vessel Removal, Storage and Disposal ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
Q WITH PERRY'S TRUCK AND EQUIPMENT REPAIR LLC FOR
r VESSEL REMOVAL, STORAGE AND DISPOSAL SERVICES
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THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
V made and entered into as of this 7th day of December, 2023 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and PERRY'S TRUCK AND EQUIPMENT REPAIR LLC, a California limited
liability company ("Consultant"), whose address is 11957 Locust Lane, Apple Valley, CA
92308, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide vessel removal, storage, and disposal
services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and,
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
2.3 All Services shall be provided in accordance with the terms and conditions
set forth in the State of California — Natural Resources Agency Department of Parks and
Recreation Division of Boating and Waterways Grant Agreement, Surrendered and
Abandoned Vessel Exchange (SAVE-23), Grant No. C23SO606, with an effective date of
October 24, 2023, or any supplement or amendment thereto, as administered by the City
("Grant Agreement"). A copy of the Grant Agreement is incorporated herewith by
reference and attached hereto as Exhibit D.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
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Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Ten Thousand Dollars and 00/100 ($210,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Edward A Perry to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster or designee shall be the Project Administrator and shall have the authority
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to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless the State of California, the County of Orange, the City, their respective
legislative bodies, councils, supervisors, departments, boards, committees, and
commissions, divisions, subdivisions, grantees, and subgrantees, officers, agents,
volunteers, employees and any person or entity acting on behalf thereof on in concert
therewith (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
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performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City, the County of Orange, or the State
of California. The manner and means of conducting the Work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. No civil service status or other right of employment
shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Consultant or any of Consultant's employees or agents, to be
the agents or employees of City. Consultant shall have the responsibility for and control
over the means of performing the Work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance of the Work or to exercise
a measure of control over Consultant shall mean only that Consultant shall follow the
desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Edward A Perry
Perry's Truck and Equipment Repair LLC
Post Office Box 400466
Hesperia, CA 92340
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. MEDIA MATERIALS RELEASE
28.1 Consultant 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
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referred to collectively as "Photographs"), that the Consultant or City 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 Consultant and City agree not to use, reproduce, adapt, or
display the Photographs, or allow others to do so, in a manner that tends to subject DBW
or its AWAF, VTIP and/ or SAVE programs to ridicule, disparagement, mockery, satire,
or that could tarnish the image of the DBW's AWAF, VTIP, and/ or SAVE programs.
Consultant 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.
28.2 Consultant also grants DBW and its licensees the unrestricted right to use
and disclose its name in connection with use of the Photographs. Consultant understands
that it will not be paid for any use or right granted herein.
28.3 Consultant 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. Consultant 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. Consultant 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.
28.4 Consultant declares and avows that any Photographs it is submitting to
DBW, if any, are its own original work in all respects. Consultant is the sole and exclusive
owner of said 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
said Photographs in any form whatever will not in any way, directly or indirectly, infringe
on the rights of any person. Consultant 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. Consultant 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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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29.2 Compliance with all Laws.
29.2.1 Consultant shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted. In
addition, all Work prepared by Consultant shall conform to applicable City, county, state
and federal laws, rules, regulations and permit requirements and be subject to approval
of the Project Administrator and City.
29.2.2 Consultant 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, Consultant certifies its compliance and the
compliance of all subcontractors with: (a) applicable provisions of the California
Environmental Quality Act; (b) Nondiscrimination Program requirements of Government
Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and
section 8113 in contracts over $ 5,000) along with section 7285 et. seq. of the Fair
Employment and Housing Act; (c) Drug -Free Workplace requirement of Government
Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public
Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and, (f) Americans with Disabilities Act regulations issued pursuant to 42
U. S. C. section 12101 et seq.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
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29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment.
29.10.1 Consultant represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee or applicant for
employment because race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, sexual orientation, age or any other
impermissible basis under law.
29.10.2 Consultant warrants 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.)
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:� #
on C. Harp
1ty, Attorney
ATTEST:
Date: o •��
Leila fl. B�bfn
City lerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Xz_-3 O2y
By: ,� G�:r
Will O'Neill
Mayor
CONSULTANT: PERRY'S TRUCK AND
EQUIPMENT REPAIR LLC
Date:
Signed in Counterpart
By:
Edward A Perry
Chief Executive Officer
Date:
Signed in Counterpart
By:
Noel Perry
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-23), Grant No. C23SO606, with an
effective date of October 24, 2023
Perry's Truck and Equipment Repair LLC Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: It' -I /z_y
By:
on C. Harp
T
itity Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: PERRY'S TRUCK AND
EQUIPMENT REPAIR LLC
Date: < 29 —Z j✓
By:
dward A erry
Chief Executive Officer
Date: ilzq 67L,
B eot
o Perry
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C. — Insurance Requirements
Exhibit D — Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-23), Grant No. C23SO606, with an
effective date of October 24, 2023
Perry's Truck and Equipment Repair LLC Page 13
EXHIBIT A
SCOPE OF SERVICES
Contractors shall provide services related to the removal and disposal of surrendered and
abandoned vessels. Contractors shall be responsible for deploying and storing any
vessels or equipment related to the delivery of these services.
Services requested by the City in the performance of the removal and/or disposal of
vessels may include, but are not necessarily limited to:
• Raising of submerged vessels and/or hazardous marine debris;
• Vessel and/or hazardous marine debris removal from accessible locations;
• Hazardous materials (hazmat) removal and disposal;
• Towing; and
• Salvage and demolition.
All vessel removals and/or disposals of vessels shall be in accordance with the terms and
conditions set forth in the Department of Parks and Recreation, Division of Boating and
Waterways (DBW) Grant Agreement for Surrendered and Abandoned Vessel Exchange
(SAVE-23), Grant No. C23SO606, with an effective date of October 24, 2023 ("Grant
Agreement"), as administered by the City.
Contractors shall comply with all local, state and federal laws and provisions in the proper
removal and/or disposals of vessels. Contractors shall be responsible for ensuring that
all rules and regulations pertaining to the salvage and demolition of all materials resulting
from the Contractors' disposal of vessels (or hazardous marine debris) are followed.
Location of work to be performed shall be designated by the City and may vary with each
service request.
PROJECT ADMINISTRATION
On -call contracts do not guarantee or imply any specific quantity of work over the
proposed contract period. When the need for services arises, the City shall request in
writing, the necessary services required in adequate detail. Contractor shall then provide
a detailed letter proposal for services as requested by the City (hereinafter referred to as
the "Letter Proposal"). This letter proposal shall provide the estimated time, rates and fees
for the services requested.
Invoices to the City must include the following:
• Name and Address of the City of Newport Beach
• Contract and Invoice Number
• Detailed Description of the Services Performed
• Date the Services was Performed
• Location of Service
Perry's Truck and Equipment Repair LLC Page A-1
• Vessel Name, CF/USCG Number or HIN, whichever is applicable
• Description of Vessel
The City will assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those provided. No services shall be provided until the City has
provided written acceptance of the Letter Proposal. Once authorized to proceed, the
contractor shall diligently perform the duties listed in the approved Letter Proposal.
Pursuant to Section 5 of the Grant Agreement, Consultant 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. Consultant
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.
Perry's Truck and Equipment Repair LLC Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
COST FILE
PROPOSED PRICING — ON -CALL VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
VESSEL SIZE/TYPE
BILLING RATE (Per Foot)
Vessels 10' — 25'
$1 00.00-S 150.00
Vessels 26' — 34'
$150.00- $250.00
Vessels 35' and up
$200.00- $300.00
Vessels - Wood
$250.00- $300.00
Vessels - Concrete
$250.00- $300.00
Vessels - Steel
$250.00- $300.00
Vessels of excessive size, weight and/ or height will be evaluated and may
incur extra charges. Vessel taking on water or sinking will generate an extra
charge per foot. Trailered vessels may generate an extra charge per foot due
to road worthiness of tires, bearings, hitch etc.
Perry's Truck and Equipment Repair LLC Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code. The insurer waives any right of recovery the insurer may
have against the State of California because of payments the insurer makes
for injury or damage arising out of the work done under any City contract
with the State of California (e.g.: the Grant Agreement, as defined herein).
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement. A Waiver of Subrogation or Right to Recover endorsement in
favor of the State of California must be attached to the certificate.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury and property damage liability combined with a
two million dollars ($2,000,000) annual policy general aggregate. The
policy shall cover liability arising from premises, operations, independent
subcontractors, products, completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
Perry's Truck and Equipment Repair LLC Page C-1
liability of another assumed in a business contract). This insurance shall
apply separately to each insured against whom claim is made or suit is
brought subject to the Consultant'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.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Watercraft Liability Insurance. Consultant shall maintain watercraft
lability 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.
E. U.S. Longshoremen's and Harbor Workers' Compensation Act Insurance.
Consultant 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, Consultant acknowledges
compliance with these regulations.
F. Environmental / Pollution Liability. Consultant shall maintain Pollution
Liability limits for not less than $1,000,000 per occurrence covering the
Consultant's liability for bodily injury, property damage and environmental
damage resulting from pollution and related cleanup costs incurred from or
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.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
Perry's Truck and Equipment Repair LLC Page C-2
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
Perry's Truck and Equipment Repair LLC Page C-3
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
Perry's Truck and Equipment Repair LLC Page C-4
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Perry's Truck and Equipment Repair LLC Page C-5
EXHIBIT D
Surrendered and Abandoned Vessel Exchange (SAVE-23)
Grant No. C23SO606, October 24, 2023
Perry's Truck and Equipment Repair LLC Page D-1
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 6 6
GRANT TERM: ii Z 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: y_ -
Printed Name: Grace K. l.eunl
Title of Authorized
Representative: NJ Kaan6gty
Date: 10/12
APPROVED AS TO FORM:
CITY ATiOOvEY'S OFFIC
�C. � Aitomey
w
Attest:
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 95652
r
Authorized Signature:
Printed Name: Keren Dill
Title
Date
10
Staff Services Manager II
Leilani 1. Brown, M AC, City Clerk
Date: :-J------------ Cyc��o
Contract # C23S0606, 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
SUPPLIER ID
10000035109
PROJECT NO
C23SO606
37900THER
AMOUNT
FUND DESCRIPTION
AGENCY BILLING CODE NO
ENCUMBERED BY
Surrendered and Abandoned Vessel Exchange (SAVE-23)
053706
THIS DOCUMENT
S175,000.00
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
1 NIA
12855023
169994
5432000
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/2012023 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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 3 of 44
INDEX
mn,,^morinwi 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 AMENDMENTS
9
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
10
18.
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: 09/20/2023 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 2023/2024, Date: 09/20/2023 Page: 6 of 44
EXHIBIT B - GRANT TERMS AND CONDITIONS
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM
1. 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 09/20/2023 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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09120/2023 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.
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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 et seq.; (d) National Labor Relations Board Certification of
Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C.
section 12101 et seq.
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 /or disposal of vessels under this Agreement is a
hazardous activity. Grantee therefore must maintain commercial general liability insurance in
an amount and of a type acceptable to DBW and to the Department of General Services/
Office of Risk and Insurance Management (ORIM).
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
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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.
(4) Primary clause
Any required insurance contained in this Agreement shall be primary, and
not excess or contributory, to any other insurance carried by the State.
(5) insurance carrier required rating
All insurance companies must carry a rating acceptable to GRIM. If the
Grantee is self -insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required by DBW or
ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically
attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
(7) Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee's obligations
under the Agreement.
(8) Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of subcontractor's
insurance to the State when requested equal to policies, coverages, and
limits required of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with
limits of not less than $1,000,000 per occurrence for bodily injury and
property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent subcontractors, products, completed
operations, personal and advertising injury, and liability assumed under an
insured agreement. This insurance shall apply separately to each insured
against whom claim is made or suit is brought subject to the Grantee's limit
of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
agreement."
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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 Liability
The Grantee shall maintain watercraft liability insurance with limits not less
than $1,000,000 combined single limit per accident. Such insurance shall
cover liability arising out of the maintenance and use of any watercraft
(owned, hired or non -owned). The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed that is
connected with or related to the activities contemplated in this Agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
(4) Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker's compensation and
employer's liability coverage for all its employees who will be engaged in
the performance of the Agreement. Employer's liability limits of $1,000,000
are required. The insurer waives any right of recovery the insurer may have
against the State because of payments the insurer makes for injury or
damage arising out of the work done under agreement with the State. A
Waiver of Subrogation or Right to Recover endorsement in favor of the
State must be attached to certificate.
if applicable, Grantee shall provide coverage for all its employees for any
injuries or claims under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act or under laws, regulations, or statutes
applicable to maritime employees. By signing this agreement, Grantee
acknowledges compliance with these regulations.
c. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000
occurrence covering the Grantee's liability for bodily injury, property damage and
environmental damage resulting from pollution and related cleanup costs incurred
arising out of the work or services to be performed under this agreement. The policy
must include:
"The State of California, its officers, agents, employees and servants as additional
insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 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 : - Date: jp/ 12,/7,on
Name: Grace s. Len
Title: CiFy Man2jw
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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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
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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 CIF 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date! 09,'20/2023 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
4944 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
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.
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.
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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) Fiscal Year 202312024, Date: 09/20/2023 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.
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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: IQ % J Z/ LU?Z�i
Name: Grace Ih l.eu�
Title: —�&Q RmtpX
31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90
days of the date of issuance according to the instructions issued by DBW with the grant
agreement. If extenuating circumstances prevent the ability of the agency to meet this
deadline, approval from DBW must be obtained in writing. DBW retains the right to determine
approval or denial of extensions.
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 amountibalance of a SAVE
grant in order to increase their fee(s), for possible investigation of price gouging. A two year
history of charges applied to work of all known SAVE grant work by that contractor will be
required by DBW for review.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
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.
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 ail
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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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
due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee
upon demand.
9. RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of post consumer material as defined in the Public Contract Code Section 12200,
in products, materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209. With respect to
printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Grantee and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and
the applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of
the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. GRANTEE shall permit
access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours,
but in no case less than 24 hours' notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Grantee and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.)
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are
hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of
Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024. Date: 09/20/2023 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:
(1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter,
the assignor shall be entitled to receive reimbursement for actual legal costs incurred
and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor
but were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with
Public Contract Code 7110, that:
The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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
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:
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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 09/20/2023 Page: 23 of 44
Co�12IR11u1�
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
lo,u of tha Ctnta of r':alifnrnia.
Grantee Agency Name (Printed)
Federal ID Number
City of Newport Beach
95-6000751
By (Authorized Signature)
Printed Name and Title of PiWon Signing
un - CL KbnaCl&r
Date Executed
Executed in the County of
I Q 12 W Z3
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements.
(Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG -FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will
provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the person's or organization's policy of maintaining a drug -free workplace;
(3) any available counseling, rehabilitation and employee assistance programs;
and,
(4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
(1) receive a copy of the company's drug -free workplace policy statement; and,
(2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and Grantee may be ineligible for award
of any future State agreements if the department determines that any of the following has
occurred: the Grantee has made false certification, or violated the certification by failing to
carry out the requirements as noted above. (Gov. Code §8350 et seq.)
Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024. 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:
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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024, Date: 0912012023 Page: 25 of 44
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)
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3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon
receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment. Any changes of the Grantee's representative shall be notified to DBW within 30
days written notice on Grantee's letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
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.
AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not
subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other
governmental entity.
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EXHIBIT E — DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and
sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur
Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded
from the California Department of General Services website.
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or
services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract
Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature
and signed into law by the Governor to preclude State agencies generally from contracting with
"scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is
a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code
section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a
contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within
the previous three years has had) business activities or other operations outside of the United States
to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency.
(See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or
RFP to satisfy the Act's certification requirements of bidders
and proposers.
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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 proposer/bidder named below. This certification is
made under the laws of the State of California.
Company/Vendor Name (Printed)
Federal ID Number
{grantee_name}
{fed_id}
By (Authorized Signature)
Date
{agy_sign_name}
(agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
OPTION #2 -WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General
Services may permit a scrutinized company, on a case -by -case basis, to bid on or submit a proposal
for a contract with a state agency for goods or services, if it is in the best interests of the state. If you
are a scrutinized company that has obtained written permission from the DGS to submit a bid or
proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have
received written permission from the Department of General Services to submit a bid or proposal
pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is
included with our bid or proposal.
Company/Vendor Name (Printed)
Federal ID Number
{grantee —name}
{fed_id}
By (Authorized Signature)
Date
{agy_sig n_name}
f agy_sign_dt}
Printed Name and Title of Person Signing
::1
{agy_sign_name}, {agy_sign_dsg}
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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
t% City
r`' County
r Federally or State Recognized Native American Tribe
r' 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 t< Yes r 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 and/or Contact, please provide
a. Billing Agency Name:
Address:
City:
Phone:
State. Zip:
Contract # C23S0606. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date 09/20/2023 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
Mailing 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 202312024, Date! 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? {: Yes r No
If Yes, describe Harbor Code Enforcement officers are out on the water daily. They patrol
Newport Harbor as a whole, including private slips and 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
Municipal Uouu I Ile
involvement and its jurisdiction for prevention and removal of abandoned vessels I I.pdt
and accepting surrendered vessels.
3. Has your agency been out of compliance with the terms of any other Department of r Yes >: No
Parks and Recreation contract or grant agreements within the past 3 years?
Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024. Date: 09/20/2023 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 (http://www.legislature.ca.gov/legislators_and_districts/districts/disthcts.htmi) in your browser
to determine the State
Senate district(s).
State Senate 01
l State Senate 02 r State Senate 03 State Senate 04 r State Senate 05
r State Senate 06
r State Senate 07 r State Senate 08 r State Senate 09 r State Senate 10
r State Senate 11
r State Senate 12 r State Senate 13 State Senate 14 f` State Senate 15
r State Senate 16
r State Senate 17 r State Senate 18 r State Senate 19 r State Senate 20
r State Senate 21
r State Senate 22 r State Senate 23 State Senate 24 r: State Senate 25
r State Senate 26
r State Senate 27 r State Senate 28 r State Senate 29 r State Senate 30
r State Senate 31
r State Senate 32 r State Senate 33 r State Senate 34 r State Senate 35
State Senate 36
P State Senate 37 r 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://www,legislature.ca.gov/legislators_and_districts/districts/districts.htmi) in your
browser to determine the State Assembly district(s).
r State Assembly 01
r State Assembly 02 r State Assembly 03 r State Assembly 04
r State Assembly 05
r State Assembly 06 r State Assembly 07 r State Assembly 08
r State Assembly 09
r State Assembly 10 r State Assembly 11 r State Assembly 12
r State Assembly 13
r State Assembly 14 r State Assembly 15 r State Assembly 16
r State Assembly 17
f State Assembly 18 I" State Assembly 19 1• State Assembly 20
r State Assembly 21
r State Assembly 22 r State Assembly 23 r State Assembly 24
r State Assembly 25
r' State Assembly 26 r State Assembly 27 r State Assembly 28
r State Assembly 29
r State Assembly 30 1—'State Assembly 31 r' 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 Assembly 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
r State Assembly 53
r State Assembly 54 r State Assembly 55 r State Assembly 56
r State Assembly 57
r State Assembly 58 r State Assembly 59 r State Assembly 60
r State Assembly 61
r State Assembly 62 r State Assembly 63 r State Assembly 64
r State Assembly 65
r State Assembly 66 r State Assembly 67 r State Assembly 68
r State Assembly 69
r State Assembly 70 r State Assembly 71 i✓ State Assembly 72
r State Assembly 73
ly State Assembly 74 i State Assembly 75 r State Assembly 76
r State Assembly 77
f State Assembly 78 r State Assembly 79 r State Assembly 80
3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the
Congressional district(s).
r' Congressional District 1 r Congressional District 2 I Congressional District 3
r Congressional District 4 r Congressional District 5 r Congressional District 6
Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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
r Congressional District 13
r Congressional District 16
r Congressional District 19
Congressional District 22
r Congressional District 25
r Congressional District 28
r Congressional District 31
r Congressional District 34
r Congressional District 37
r Congressional District 40
r Congressional District 43
r Congressional District 46
r' Congressional District 49
r Congressional District 52
r Congressional District 8
r Congressional District 11
r Congressional District 14
r Congressional District 17
r Congressional District 20
I Congressional District 23
r Congressional District 26
r Congressional District 29
r Congressional District 32
r Congressional District 35
r Congressional District 38
r Congressional District 41
r Congressional District 44
Congressional District 47
r Congressional District 50
r Congressional District 53
r Congressional District 9
r Congressional District 12
r Congressional District 15
r Congressional District 18
r Congressional District 21
r Congressional District 24
r Congressional District 27
r Congressional District 30
r Congressional District 33
r Congressional District 36
r Congressional District 39
r Congressional District 42
r Congressional District 45
r Congressional District 48
r Congressional District 51
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
r Inyo
r Kern
r Kings
r Lake
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 r Santa Cruz tN Shasta
Sonoma r Stanislaus r Sutter
rTuolumne r Ventura r Yolo
r San Luis
Obispo
i Sierra
r Tehama
r Yuba
r San Mateo
r Siskiyou
r Trinity
r Colusa
(- Humboldt
r Lassen
r Merced
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: 09/20/2023 Page: 34 of 44
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
3. Jurisdictional Control
List all waterbodies that are in your jurisdictional control and fill in the chart for each - 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
Ion
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
Sheriffs
urisdiction.
4. Staff Dedicated to Abandoned and Surrendered Vessel Activities
Staff Dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active
enforrement mmnrAm
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
Per Week
Harbormaster
5.00
5.00
10.00
Code Enforcement Supervisor
5.00
5.00
10.00
Code Enforcement Officer Trainee 3
15.00
15.00
30.00
Department Assistant
5.00
10.00
15.00
Management Analyst
1.00
3.00
4.00
Objective 1: Prevention
5. Does your agency participate in the Surrendered Vessel Program? (:` Yes C No
Contract # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 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 Other Activities
1 348 Web a e visits
50 Brochures Available in Office
Publicity Efforts.
F Advertised on your website
r Agency newsletters
r PSAs, billboards
r Social media
l✓ 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 trailered/towed 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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 t* Yes r 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.
I✓ Routine patrol of jurisdiction
r Visit marinas/dockwalks
r Direct contact with boat owners
I✓ Check vessel registration
r Check seaworthiness (listing, occupancy, trash, bilge running, operable lights)
Abandoned vessel mapping and tracking
X Multi -agency coordination
i 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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, 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 fields in
Newport Beach or neighboring jurisdictions.
13. Does your agency collaborate with neighboring SAVE grantees that manage (: Yes i'" 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 {: 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.
D. The vessel or structure is left unattended and is moored,
Contract # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023,12024, Date: 09/20/2023 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 control/abatement 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 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 # C23SO606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 Page: 40 of 44
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan
Questions 18 -21 a
Has your agency been involved in abatement activities during the past 3 calendar t. Yes t- 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 t Yes r 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
2,100.00
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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 Page: 41 of 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.
nK11 v I ICT RI n-q;:) r.PANT3
Percentage of
Year
Amount
funding left
Name of SAVE grants awarded
Awarded
Awarded
over
C17SO608
2017/18
125,000.00
0
C19SO608
2019/20
175,000.00
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 r Yes r; No
of abandoned vessels in the event you run out of grant funding or are not awarded
the full grant request?
If yes, list
26. Do you or a partner agency have abandoned vessel storage capabilities that can be r. Yes r No
used by your agency at no cost to SAVE?
27. Does your agency have access/ability to dispose of vessels at a local or f Yes (T. No
neighboring landfill?
28. Number of current abandoned vessels in your jurisdiction ready to be destroyed?
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 }: Yes t' 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 2023/2024. 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
1
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
1.34
6,000.0
Total
10
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
31
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
201
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 # C23S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202312024. Date: 09/20/2023 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. I✓ Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s),
and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the
information contained herein is true, accurate, correct, and complete.
b. I✓ 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 202312024, Date: 09/20/2023 Page: 44 of 44
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