The URL can be used to link to this page

Home My WebLink AboutC-5950 - Grant Agreement C7702208 (Surrendered and Abandoned Vessel Exchange)r in C- U) State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS AMENDMENT TO GRANT Grant No. C7702208 Amendment No.' THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the CITY OF NEWPORT BEACH The State and CITY OF NEWPORT BEACH in mutual consideration of the promises made herein and in the grant in which this is an amendment, do promise as follows: r The tens of this Agreement is extended to4WAIM or 'upon execution of this amendment. In all other respects, the grant of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. Grantee: CITY OF NEWPORT BEACH Agency: Department of Parks and Recreation, �exo vawe Division of Boating and Waterways 1 ATTN: Susan Sykes erne Address 100 Civic Center Drive Address: One Capitol Mall, Suite 500 °uwrrrcueoAroam Sacramento, CA 95814 It! NEWPORT BEACH CA 92680 4"�.�.0. MgeAMpINEFMfLer TN6 �t11 v•''` BY: BY: f)lepiFll to p I//wwa+xe°s�(ua're� (AUEwleed Sitdxew) 3690-101-0577 �ye'k& OAA j �Q{'1Q�e� rno V : C tofOoeratlons 2014/15 ft w TftdRmwo-n° w w) faire °ne �wr,dn aaw�w�a+.� Data riiL4j Date_ 1 Toruw.roureruavrwumro CERTIFICATE OF FUNDING owECEmoe orwc°oE (FOR STATE USE ONLY) pA1E 1706 eeAxrwo AwEnowelr.a �exo vawe C7702208 1 4000000107-03 erne wwmu A°o Vwa°mo °uwrrrcueoAroam 32021 Abandoned Watercraft Abatement Fund 110577 MgeAMpINEFMfLer TN6 rW f)lepiFll VANE RSGIrFNt °0°'BAENr 3690-101-0577 25 2014 2014/15 $125,700.00 Toruw.roureruavrwumro woEx owECEmoe orwc°oE veoiEcpriwewwE pA1E 1706 702 69003 $ 125-700-00 T1 w IL yarn%r upon nryownpenprwlkpwiedye that the EodgeRdfrp& aVfN1for Mtre�bw e.AN° ORt1A'S oAi State of California • Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION P.O. Box 942896 • Sacramento, CA 94296.0001 December 31, 2014 Ms. Shannon Levin City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: FULLY EXECUTED GRANT AGREEMENT: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) SAVE Grant: #C7702208 Fiscal Year: 2014-2015 Term: December 31, 2014 – October 1, 2016 Amount: $125,700.00 Dear Ms. Levin: Edmund G. Brown Jr., Governor Lisa Ann L. Mangat, Acting Director Enclosed is the fully executed grant agreement between the Division of Boating and Waterways (DBW) and your agency which sets forth the terms and conditions for this SAVE grant. This grant is fully executed as of the date of this letter and work associated with this agreement may begin. The funds provided under this agreement shall be used for the combined purposes of the Abandoned Watercraft Abatement Fund (AWAF) and Vessel Turn -In Program (VTIP) as described in the enclosed grant agreement, Exhibit B, #1 and #2 (page 2). In order to track the activity of abandoned or surrendered vessels in California, claim reporting must be separated according to the purpose each vessel or issue (marine debris, etc.) was processed. To request reimbursements for expenses incurred under this grant, the AWAF and VTIP reimbursement claim forms are available on our website. For abandoned vessels and marine debris, use the claim form at: http:/Idbw._parks.ca.gov/PDF/AWAF/AWAF-4ReimbursernentClaiin.pdf. For surrendered vessels, use the claim form at: http: //d bw.parks. ca. c ov/PDF/Fti nd i n g/VT I PRe im b u rsem en tC laim Form. pdf. The 10% grant match—cash or in-kind—may be claimed on each submission per the claim total. AWAF and VTIP combined claims submitted together will count as one submission. If your agency is using personnel hours for the 10% in-kind match contribution, a contribution statement form is available on our website at http://dbw.parks.ca.gov/PDF/itemized_10 in - Kind Contribution Statement.adf. Please use this form. –� Subvention agencies wishing to use the in-kind contribution may only claim services of support staff not receiving Subvention grant funds from DBW. Ms. Shannon Levin Page 2 December 31, 2014 Per the enclosed agreement, #27 Budget Detail and Payment Provisions (pages 10 and 11), your reimbursement claim must include copies of the following supporting documents: 1. Invoices from subcontractors and other service providers. Invoices must contain the following information: 1. Name and address of grantee 2. Contract or invoice number 3. Description of service performed 4. Date service was performed 5. Location of each service 6. Vessel name, CF# or HIN# if available; otherwise, description of vessel. Proof of payment for all invoices. The following acceptable forms of proof are: 1. Cancelled check (with bank's cancelled stamp on back of check copy) 2. Credit card statement with charge and payment posted, along with copy of original charge slip 3. Receipt from service provider showing payment received 4. Receipt from service provider stamped "Paid" with authorized signature 3. 10% in-kind match contribution statement detailing personnel hours used toward contribution. Use the form provided here: http:lldbw_parks.ca.gov/PDFlltemized 10 in -Kind_ Contribution_Statement.pdf. Subvention agencies may only claim services of support staff not receiving Subvention grant funds from DBW. 4. Photos of vessels with CF numbers (if available). Please number or name photos to correspond with the number or name listed on the claim form. 5. (VTIP ONLY) Statement of Vessel Release of Interest and Ownership completed and signed by owner(s). A sample of this release form is located on our website http:lldbw.parks.ca,_gov/PDFIFundinglSAMPLE Release Form.pdf 6. (VTIP ONLY) Department of Motor Vehicles (DMV) documents: Certificate of Ownership (pink slip) signed by owner or DMV Notice of Transfer and Release of Liability Form (Rea 138), completed and signed by owner. All requests for payment must be submitted to DBW no later than 45 days prior to the expiration date of the agreement. DBW is not obligated to make payment on any reimbursement request(s) received or for any services completed after this date. Invoices and reimbursement requests must be itemized, totaled and submitted in TRIPLICATE to: Division of Boating and Waterways One Capitol Mall, Suite 410 Sacramento, CA 95814 Attention: SUSAN SYKES — AWAF Enforcement Unit Ms. Shannon Levin Page 3 December 31, 2014 Reimbursement payments will be issued only to the agency name and address as stated on the contract. Only the authorized signer as stated in the contract may sign reimbursement claims submitted DBW. If you have any questions, please call me at (916) 327-1825, or email, susan.sykes@parks.ca.gov. Sincerely, Susan Sykes Derelict Vessel Programs Analyst Enclosures State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS GRANT AGREEMENT GRANTEE: CITY OF NEWPORT BEACH GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT AMOUNT: $125,700.00 GRANT NUMBER: C7702208 GRANT TERM: OCTOBER 1, 2014 THROUGH OCTOBER 1, 2016 The Grantee agrees to the terms and conditions of this contract, hereinafter referred to as Agreement, and the State of California, acting through Its Director of Parks and Recreation, pursuant to the State of California agrees to fund the total State grant amount Indicated below. The GRANTEE agrees to complete the SCOPE OF WORK as defined In the Agreement. The General and Special Provisions attached are made a part of and incorporated Into the Agreement. GRANTEE: CITY OF NEWPORT BEACH AGENCY: Department of Parks and Recreation Division of Boating and Waterw ATTN: Shannon Levin Attn: Susan Sykes ADDRESS: 829 Harbor Island Drive ADDRESS: One Capitol Mall, Suite Newport Beach, CA 92660 Sacramento, CA 9581 _ QEc 2 a 014 a TcX Authoriza gnature Authorized Si nture �f..0S� Davi, Diff, City Manager CHIEF -OF Printed Name and TRIe of Authorized Representative Printed flame and Title of Authorized Representative I�ee l b - N q �� 3� Apr "EAD AS O FORM: Date a ,AttestCERTIFICATE OF FUNDING 1City Attorney (AtAwlimit--1 —" (FOR STATE USE ONLY) CON'McTNO AMENDMENTNO CALWARS VENDOR No PROJECTNO 07702208 4000000107-02 AMOUNT ENCUMBERED BYTHIS fUNDTM1 AGENCY MLUNG CODE NO _J DOCUMENTAbandoned Watercraft Abatement Fund #0577 032011 $125700.00 PRIOR AMOUNT ENCUMBERED BETNIS REM CHAPTER STATUM FISCAL YEAH DOCUMENT 3790-101-0577 25 2014 2014/15 $0.00 lurAL AMOVIV EIICIi+MMD To CATE INDEX OBACrCODE PCACODE PROJEWWORK PHASE $125700.00 1 1706 702 69003 TZ A. NO I hateby Celbjy LfMn My DVM perSandr kf4w19d#8 that rhe btldgeted frAodf are GwJlidble jar thiE wc=blanCe. B.R.NO OFR 'SSIGNATURE DATE 77-1 ! O k/ LZ STATE OF CALIFORNIA Department of Parks and Recreation Division of Boating and Waterways One Capitol Mall, Suite 410 Sacramento, CA 95814 EXHIBIT A SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE) SCOPE OF WORK Grantee agrees to provide to the Division of Boating and Waterways (DBW) as described herein: See Letters of Intent/Cover Letters/Plan of Action Grant Applications, and Questionnaire of Exhibit A. The services shall be performed in the jurisdiction of: CITY OF NEWPORT BEACH State Agency: Division of Boating and Waterways Name: - - Susan Sykes Title: Derelict Vessel Programs Administrator Phone: _ 916- 327-1825 Fax: -- 916-327-1772 Email: — susan.sykes@parks.ca.gov Grantee (Agency Name): CITY OF NEWPORT BEACH Grantee Representative': f Shannon Levin Title: 0 AhnA ,'&' --r Phone:: . U44. ';'io+l Fax: 0i L0 • �12� • 05 1 Email: q/ * Grantee representative information may only be changed by giving 30 days written notice to DBW. 1 March 20, 2014 Department of Parks and Recreation Division of Boating and Waterways Attention: Susan Sykes One Capitol Mall - Suite 410 Sacramento, CA 95814 CITY OF NEWPORT BEACH Public Works Department Harbor Resources Division Subject: Letter of Intent for Abandoned Watercraft Abatement Fund Dear Ms. Sykes, (Letter of Intent): The City of Newport Beach (City) requests consideration for grant funding for participation in the Abandoned Watercraft Abatement Fund (AWAF). Newport Harbor is one of the largest, small -craft, recreational harbors on the California Coast. Home to more than 9,000 vessels, Newport Harbor is a welcome port to many boaters as they cruise the Pacific or stay within their home waters. The City encourages public access to the water and makes slips and moorings available to rent for visitors and locals alike, However, with accessi5ility to public amenities comes misuse in the form of abandonment, illegal berthing requiring impounding and subsequent legal action such as liens, junking, and demolition of subject vessels. Inheritance of derelict and abandoned vessels forces the individual's responsibility of disposal related fees upon the City. In 2013 the City junked and demolished more than ten vessels with disposal prices, not personnel or administrative costs, ranging from $1,200-$6,000 apiece. (Work Plan): The City of Newport Beach and the Orange County Sheriff's Department Marine Operations Bureau work together to address the abandoned watercraft in Newport Harbor. However, the Sheriff's Department resources are spread across the three Harbors under their jurisdiction: Dana Point Harbor, Newport Harbor, and Huntington Harbor. The City cannot rely on County coffers to address all the duties with abandoned vessels in Newport Harbor. Those duties include but aren't limited to: • relocation of problem vessels to City/County moorings; • securing vessels from sea lions hauling out on low freeboards and swim steps; • pumping out vessels that take on water; • processing DMV paperwork for liens, junking, etc.; and • coordination with local marine contractors and shipyards to relocate vessels for haul out and demolition. Additionally, City staff is exploring alternate mechanisms to reduce costs and improve the effectiveness of the abandoned vessel remediation in Newport Harbor. An alternative solution is to use City labor crews and equipment to haul out smaller vessels. 829 Harbor Island Drive, Newport Beach, CA 92660 www,newportbeachca.gov (949) 644-3034 Considering all the personnel time and material costs to remove abandoned vessels from the water, the process results in an expensive expenditure of public funds. Newport Harbor is a recreational resource for all people to enjoy and the City of Newport Beach respectfully requests grant funding from the Division of Boating and Waterways through AWAF to address the blight of abandoned vessels affecting our recreational waters. Kindest regards, Shannon Levin Harbor Supervisor State of California — California Natural Resources Agency DIVISION OF BOATING AND WATERWAYS ONE CAPITOL MALL, SUITE 500 SACRAMENTO, CA 95814 (916)327-1825 W W W.DBW.PARKS. CA.GOV Local Agency Name: Address: City: Phone: THE ABANDONED WATERCRAFT ABATEMENT FUND (AWAF) GRANT APPLICATION AND QUESTIONNAIRE Fiscal Year 2014115 City of Newport Beach 829 Harbor Island Drive Newport Beach 949-644-3041 State: CA Zip Code: 92660 Fax: 949-723-0589 Contact Person: Name: Shannon Levin Phone: 949-644-3041 Note: The contact person is the individual who will address ALL questions and 949-723-0589 concems on behalf of the Grantee. Fax: E,Mai!—.shann-newPortbeachra.gw Grant request amount: DBW 2113 Page 1 of 2 $ 100,000.00 ABANDONED WATERCRAFT ABATEMENT FUND GRANT APPLICATION AND UESON AIRE 1. Does your agency have a local marine law Yes, the City of Newport Beach partners with the County of enforcement detail tasked with addressing Orange operate under a Joint Powers Agreement for specific abandoned vessels in your jurisdiction? If yes, services within the Harbor. The Orange County Sheriffs Dept explain in detail. If no, elaborate on your agency's provides at least one deputy to address abandoned efforts to create a program. watercraft. OCSD assists the City in lien notices, junking, and storage. The City is responsible for all fees incurred processing and demolishing abandoned vessels. 2. Does your agency have a submerged If a vessel sinks the City will rely on the OCSD Dive Team or navigational hazard abatement plan? Please a local marine contractor to assist in raising the abandoned explain. boat. There are two A frame barges between the two local marine contractors that can be used to raise a vessel. OCSD would assist the contractor in moving that vessel to a safe location out of the Harbor. 3. List by name and size the bodies of water Newport Beach has 9 miles of ocean coastline and 25 miles or waterways your agency is responsible for of Harbor coastline. Ocean and Harbor acreage accounts for in its jurisdiction. 25 square miles. The City of Newport Beach is responsible for these waterways, yet relies on Orange County Sheriffs Department as the law enforcement arm in the coastal waters. 4. Local agencies are required to make a 10 Yes, the City of Newport Beach is able to match the 10% percent match by cash, or in-kind. Is your contribution through in kind services for watercraft agency able to comply with the 10 percent abatement, dedicating personnel and time to abatement, match in advance before any grant money is and/or payment of vendors to execute abatement services. reimbursed? Per Harbors and Navigation Code 525 (C) A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant." This matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW. These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage. Grant monies WILL NOT be reimbursed by DBW unless 10% of each ciao is met. Prepared by: Name: Shannon Levin Signature: �--� Date: 3/18/2014 Ghr' �✓ f�� Date;-3l�ar'I`i Reviewed by: Name: Signature: Approving Officer: Name: Olt" �'Signature: /Y Date:3 Title of Approving Officer: Floibor Mana9-e/ Phone: 949-644-3041 Page 2 of 2 DBW 2113 �,�wrPoR� CITY OF NEWPORT BEACH Public Works Department XT - Harbor Resources Division March 20, 2014 Department of Parks and Recreation Division of Boating and Waterways Attention: Susan Sykes One Capitol Mall - Suite 410 Sacramento, CA 95814 Subject: Letter of Intent for Vessel Turn -In Program. Dear Ms. Sykes, (Letter of Intent): The City of Newport Beach (City) requests consideration for grant funding for participation in the Vessel Turn -in Program (VTIP). Newport Harbor is one of the largest, small -craft, recreational harbors on the California Coast with 9,000 vessels calling Newport Harbor home port. Newport Harbor has more than 60 commercial marinas, roughly 1,000 residential docks, and the City administers 1,200 annual mooring --permits including -both offshore --and.. onshore moorings --Moorings are less-expensive than slip rental as an option to keep a boat on the water while still providing public access to Newport Harbor. Various factors have led to the decline in upkeep of various vessels in Newport Harbor. Notably the rise in economic impacts to the boating community has hindered owners from properly maintaining vessels. Also some boaters are no longer able to physically or financially tend to their vessels. In some cases we are seeing the cost of upkeep of vessels outweigh their value. (Work Plan): The City of Newport Beach and the Orange County Sheriffs Department Marine Operations Bureau work together to address the derelict watercraft in Newport Harbor. However, the Sheriffs Department resources are spread across the three harbors under their jurisdiction: Dana Point Harbor, Newport Harbor, and Huntington Harbor. The City cannot rely on County coffers to address all the duties with derelict vessels in Newport Harbor. The City works directly with the vessel owner to address the derelict condition. The owner is noticed with an email describing the violation of the Newport Beach Municipal Code including a photograph of the vessel, and is given an opportunity to correct the situation. Yet there are some instances that warrant a different approach. In these circumstances having an option to turn in the vessel to the City could remove the burden of an otherwise unmanageable disposal option. The work plan for vessel turn -in shall include but may not be limited to: • directly contacting owners with "problem vessels" • presenting an overview of the program to both the Newport Beach Harbor Commission and the Newport Beach City Council; • press release in a local newspaper; City Hall 100 Civic Center Drive Post Office Box 1768 Newport Beach, California 92658-8915 www,newporlbecichco.gov (949) 644-3001 • securing vessels from sea lions hauling out on low freeboards and swim steps; • processing DMV paperwork for junking, etc.; and • coordination with local marine contractors, shipyards, and City crews to relocate vessels for haul out and demolition. Considering all the personnel, time and material costs involved to address derelictiproblem vessels, the process results in an expensive expenditure of public funds. The City of Newport Beach respectfully requests grant funding from the Division of Boating and Waterways through VTIP to address the blight of vessels affecting our recreational waters. The results of VTIP will improve the recreational experience for all those enjoying Newport Harbor by providing more open water for fishing, boating, and sightseeing. Kindest regards, Shannon Levin Harbor Supervisor State of California - California Natural Resources Agencyii- DIVISION OF BOATING AND WATERWAYS ll� , ONE CAPITOL MALL, SUITE 5001 " SACRAMENTO, CA 95814 r j (916) 327-1825 c WWW.DBW.PARKS.CA.GOV VESSEL TURN IN PROGRAM (VTIP) GRANT APPLICATION Fiscal Year 2014/15 Local Agency Name: City of Newport Beach _ Address: 829 Harbor Island Drive City: Newport Beach State: CA zip Code:92660 Phone: 949-6443041 Fax: Contact Person: Name: Shannon Levin Phone: 949-644-3041 ote: The contact person is the individual who will address ALL questions and Fax: 949-723-0589 concerns on behalf of the Grantee. --E--mail. shannen@newportbeac-hea.gov Grant request amount: $ 100,000.00 Note. 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 " Grant monies WILL NOT be reimbursed by the Department of Boating and Waterways until the 10 contribution is met. Prepared by: Shannon Levin Date: 3/18/2014 Signature of Officer: Date: 1717-0114 Title of Officer: OBW 3112 EXHIBIT B Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program 1. NEEDS AND OBJECTIVES OF DBW a. Pursuant to its authority under Harbors and Navigation Code section 525, the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects (hereinafter "eligible water hazards") which pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the Questionnaire, found in Exhibit A. b. Pursuant to its authority under Harbors and Navigation Code Section 525, the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of surrendered vessels, or parts thereof, which are in danger of being abandoned and has a likelihood of causing environmental degradation or becoming a hazard to navigation within Grantee's jurisdiction as specified according to the Grantee's Work Plan, found in Exhibit A. 2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL The funds provided under this Agreement shall be used for the combined purposes of Surrendered and Abandoned Vessels Exchange (SAVE) as follows: a. Abatement, removal, storage and/or disposal of eligible water hazards. For purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code section 522(a): nA y hul", ere is , wreck; yr parts of any ship, vel, or bier weft -surf cl`, - beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property". b. The funds provided under this Agreement shall not be utilized for 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 abatement, removal, storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard, then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Abatement, removal, storage and disposal of eligible surrendered vessels. For purposes of this Agreement, "surrendered" is defined in Harbors and Navigation Code section 526.1(a): e "`surrendered vessel' means a recreational vessel that the verified titleholder has willingly surrendered to a willing agency under both of the following conditions: 2 (1) The public agency has determined in its sole discretion that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation. (2) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation." f. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. g. If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal of a surrendered vessel by the registered or legal owner or other person or entity known to have an interest in the vessel, then the vessel shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such vessel immediately. 3. RIGHT OF INSPECTION Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement. 4. ANNUAL MEETING Grantee's representative or alternate shall participate in an annual one -day video or phone - Inference can ucted by-UBW during-ft-terrrr of tFiis agreement Should th--Grantee or representative be unable to attend the meeting and cannot provide a substitute from the agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. DBW must grant approval in writing in order for the Grantee not to be in breach of this Agreement for failure to attend. 5. ACTIVITY/NON ACTIVITY: REPORTING REQUIREMENTS a. Grantee shall provide quarterly reports to DBW describing the status of existing issues known, pending, or in progress. b. Lack of quarterly reporting and/or removal activity within any twelve month period during the term of this agreement is subject to possible revocation of grant. 6. OVERLAPPING ANNUAL GRANT AWARDS A minimum of fifty percent (50%) of an existing AWAF grant must be utilized and reported for reimbursement to DBW to qualify for a new fiscal year grant. 7. 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. 3 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. 8. 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." 9. 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. 10. 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, -n nt, educational -prams; -or any other [awful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder. Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be paid for any use or right granted herein. The Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. The Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied. The Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. The Grantee is the sole and exclusive owner of the 4 Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. The Grantee agrees to indemnify and hold DBW harmless from and against -any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement. 11. OUTSIDE SERVICES It is understood and agreed that, at its discretion, DBW reserves the right to obtain marine salvage services outside the terms of this Agreement. 12. PERMITS AND DOCUMENTATION Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, the Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law. 13. SECURING OF BIDS Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts to marine salvage companies under this Agreement. 14. SUBCONTRACTORS The Grantee warrants that any marine salvage company performing work under this Agreement holds a valid business license and carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement. Grantee shall provide DBW with a certificate of insurance from any subcontractor prior to the commencement of any work under this Agreement. 15. TRAFFIC CONTROL AND TRAFFIC SAFETY The 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. 16. 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. 17. 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 5 be valid unless made in writing, signed by the parties and approved as required. 18. 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. 19. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION There are no Disabled Veteran Business Enterprise participation requirements with this agreement. 20. 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 taw 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. 21. 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 secfrvn 12990 {a -f) afic Title 2; Fa- Californode 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. 22. 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. 23. INSURANCE REQUIREMENTS The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general. Iiability 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). 1. General provisions applying to all policies a. Coverage Term Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the Division at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with G the original terms of the grant. b. Policy cancellation or termination & notice of non -renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the Division. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the Division may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. c. Deductible Grantee is responsible for any deductible or self-insured retention contained within their insurance program. d. Primary clause Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. e. Insurance carrier required ratino All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. 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. f. Endorsements nyrequired endorsements requested by the Division must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. In the case of the Grantee's utilization of subcontractors to complete the scope of work, the Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of insurance to the Division equal to policies, coverages and limits required of Grantee. Any proposed change in this status shall be reported to the Division prior to the change and may result in restrictions being imposed on the usage of the monies or equipment. g. Inadequate Insurance Inadequate or lack of insurance does not negate the Grantee's obligations under the Agreement. h. Use of Subcontractors In the case of Contractor's utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insured's under Contractor's insurance or supply evidence of subcontractor's insurance to The State equal to policies, coverages, and limits required of Contractor. 7 . - - - .- ---I.i 2. Insurance Requirements i a. 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 contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability. The policy must include the State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract. This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Grantee. b. Automobile 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. c. Watercraft Liability The Grantee shall maintain watercraft liability with limits not_IessAhw-MOO MO -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). d. Workers Compensation and Emolovers Liability The Grantee shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate. If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this contract, Grantee acknowledges compliance with these regulations. e. Environmental/Pollution Liability } Grantee, or in the case of Grantee's utilization of subcontractors to complete the contracted scope of work, shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this contract. The policy must include 8 The State of California, its officers, agents, employees and servants as additional insured, but only with respect to work performed under the contract. This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials. Proof of Pollution during transportation shall be provided on an MCS -90 form or equivalent. 3. Self -Insurance If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance. Review of financial information including a letter of credit may be required. The Division reserves the right to request financial information 24. TERMINATION A. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to G rantee. 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 receip -of any notice e�nali—no this Agreement, Grantee s a Iimm�teTy - 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. 25. 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. 26. MATCHING REQUIREMENT a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10 -percent contribution from the local agency receiving the grant." b. The 10 -percent contribution is in addition to funds awarded in the grant. c. The burden of proof in complying with the 10 -percent contribution requirement is the responsibility of the grantee. Grant funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10 -percent contribution requirement for each disbursement. E 27. BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment a. DBW will reimburse the grantee for actual expenditures within the scope of the AWAF program upon written request by Grantee. b. Invoices from service providers and subcontractors to Grantee, submitted by Grantee to DBW for reimbursement, must contain the following: 1. AWAF Claim Requests to Include: 1. Name and address of Grantee 2. Contract or invoice number 3. Description of service performed 4. Date the service was performed 5. Location of each service 6. Vessel name, CF# or HIN# if available; otherwise, description of vessel. a. Documents to submit with reimbursement claims: 1. 2. 3. 4. 5. Invoices from subcontractors Proof of payment from Grantee to subcontractors for services received Statement of 10% match contribution with supporting verification of in- kind contribution: personnel hours, purpose or action, date provided, or other as requested by DBW. Photos of vessels with CF numbers (if available) Department of Motor Vehicles (DMV) documents (if available) 2. VTIP Claim Requests to Include: 1. Name and address of Grantee 2. Contract or invoice number 3. Description of service performed 4. Date the service was performed 5. Location of each service 6. Vessel name, CF# or HIN# a. Documents to submit with reimbursement claims: 1. Invoices from subcontractors to Grantee 2. Proof of payment by Grantee to subcontractors for services received 3. Statement of 10% match contribution with supporting verification of in- kind contribution: personnel hours, purpose or action, date provided, or other as requested by DBW. 4. Photos of vessels (if available) 5. Statement of Release completed and signed by owner(s) 6. Department of Motor Vehicles (DMV) documents: Certificate of Ownership signed by owner, or DMV Notice of Transfer and Release of Liability Form, completed and signed by owner(s). 10 3. Invoices and reimbursement requests must be itemized, extended, totaled and mailed in triplicate to: Division of Boating and Waterways One Capitol Mall, Suite 410 Sacramento, CA 95814 Attention: S. SYKES — AWAF Enforcement Unit c. 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. d. All requests for payment must be submitted to DBW no later than 45 days prior to the expiration date of the agreement. DBW is not obligated to make payment on any reimbursement request(s) received or for any services completed after this date. 28. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program; this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the reduced amount. 11 GTC 610 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained. 2. EFFECTIVE DATE: Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not required, this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date. 3. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 4. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. 5. AUDIT: Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of -any -employees who -might -reasonably have information related to suct",eeords---- Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 6. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement. 7. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. 8. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner 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 12 Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1. 14. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 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 13 become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry -maintained -by the California-Employment-Deve"ment-Department: 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that 14 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).) 15 CCC -307 EXHIBIT D CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California. Grantee Agency Name (Printed) -^ City of Newport Beach %Whod Printed Name and Title of Person Signing Dave Kiff, City Manager Date Executed Executed in the County of Orange GRANTEE CERTIFICATION CLAUSES Federal ID Number 95-6000751 1. STATEMENT OF COMPLIANCE, -Grantee has—,unlass-exempted, complied-With-th-e— nondiscrimination program requirements. (Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 16 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.) 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 SSRVICES $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 contractslagreements with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a). 17 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3. 18 EXHIBIT E DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions; -planning, -arrangements or -any -part-of-the decision-rnaking.process relevant-te-the - contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODEIWORKEAS' COMPENSATION; Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 19 4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee's representative shall be notified to DBW within 30 days written notice on Grantee's letterhead. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or ars allrpollutiar1 control -district,. (2) sub ec 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. 20 EXHIBIT F Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, of seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)). Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment). A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the sample Attachment). The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification requirements of bidders and proposers. 21 Nov 17 14 12:30p p.2 EXHIBIT F — DARFUR CONTRACTING ACT Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the Purse previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, initials for Paragraph # 3): or via and certification 1 We do not currently have, or we have not had within the previous In 1 three years, business activities or other operations outside of the United States. OR 2• We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. 3. OR We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476. CERTIFICATION For # 3. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that i am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the Stale of California. YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED 22 RESOLUTION NO. 2014-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA'S DEPARTMENT OF PARKS AND RECREATION'S DIVISION OF BOATING AND WATERWAYS FOR THE SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM, THE ABANDONED WATERCRAFT ABATEMENT FUND, AND THE VESSEL TURN -IN PROGRAM WHEREAS, the City of Newport Beach ("City") is desirous of preserving and promoting uses that contribute to the charm and character of Newport Harbor; WHEREAS, the City utilizes local, county, state, and federal regulations to remove derelict, abandoned, and unseaworthy vessels from City controlled areas of Newport Harbor; WHEREAS, the State of California's Department of Parks and Recreation's Division of Boating and Waterways ("Division") is authorized to provide grants to cities, marinas, or other agencies for the removal of derelict WHEREAS, the City submitted two grant applications to the Division seeking funds for the City's derelict vessel removal program in Newport Harbor; and WHEREAS, the Division reviewed and approved the City's grant applications and authorized the award of grant funds. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Division, through the Surrendered and Abandoned Vessel Exchange (SAVE) program has authorized a grant award of One Hundred Twenty -Five Thousand Seven Hundred Dollars and No Cents ($125;700.00) to partially fund the City's mitigation and removal of abandoned and nuisance vessels from Newport Harbor. The SAVE grant funds are comprised of a combination of grant funds for the Division's Abandoned Watercraft Abatement Fund (AWAF) and the Vessel Turn -In Program (VTIP), and the grant funds may be used by the City for either purpose. Section 2: The City Manager is authorized to execute any and all agreements and documents necessary to allow the City to accept the grant funds awarded by the Division. Section 3: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: The recitals provided in this resolution are true and correct and are hereby incorporated into the substantive portion of this resolution. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of October, 2014. ATTEST: Leilani I. Brown City Clerk Rush N. Hill, II`b Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani L Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014-86 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of October, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of October, 2014. -- — — CiFy"Clete -- Newport Beach, California (Seal) CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) WC -2065 CERTIFICATE OF COVERAGE 1 12/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO SAC Excess Insurance RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE Authority ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER C/O ALLIANT INSURANCE SERVICES, INC. IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the PO BOX 6450 NEWPORT BEACH CA 92658-6450 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 COVERAGE LICENSE #OC36861 AFFORDED BY: A -See attached Schedule Of insurers Member: COVERAGE CITY OF NEWPORT BEACH AFFORDED BY: B ATTN: SHERI ANDERSON COVERAGE 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 AFFORDED BY: C COVERAGE AFFORDED BY: D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES. CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A EXCESS WORKERS' See attached 07/01/2014 07/01/2015 WORKERS' COMPENSATION: COMPENSATION & Schedule of Difference between EMPLOYER'S LIABILITY Insurers for policy Statutory and Member's numbers $500,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Member's Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/Locations/Vehicles/Special Items: AS RESPECTS EVIDENCE OF COVERAGE FOR GRANT AGREEMENT NUMBER C7702208 BETWEEN CITY OF NEWPORT BEACH AND STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) PROGRAM. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST STATE OF CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS PURSUANT TO ENDORSEMENT NUMBER U-4 Cancellation Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. STATE OF CALIFORNIA AUTHORIZED REPRESENTATIVE DEPARTMENT OF PARKS AND RECREATION ATTN: DIVISION OF BOATING AND WATERWAYS ONE CAPITOL MALL, SUITE 410 SACRAMENTO, CA 95814 CSAC EXCESS INSURANCE AUTHORITY Page 1 of 2 CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION PROGRAM 2014/2015 SCHEDULE OF INSURERS City of Newport Beach PROVIDER MEMORANDUM/POLICY NUMBER LIMIT CSAC Excess Insurance Authority EIA -PE 14 EWC-133 Workers' Compensation: $50,000,000 each accident/each employee for disease $50,000,000 each accident/each employee for communicable disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each Accident $5,000,000 each Employee for Disease (Difference between $5,000,000 and the individual member's retention National Union Fire Insurance Co. of 91-0613 Statutory each accident/ each employee Pittsburgh, PA (AIG) for disease excess of excess insurance policy $50,000,000 EWC above $1 MIL PAGE 2 of 2 ENDORSEMENT NO. U-4 CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION WAIVER OF SUBROGATION ENDORSEMENT It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following: VIII. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and the Authority in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof shall be borne by the Authority. However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss. It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity. This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: EIA 14 EWC-00 Issued to: ALL MEMBERS Issue Date: June 24, 2014 Authorized Repres ntative CSAC Excess Insur thority CERTIFICATE NO. ISSUE DATE IMMIDDIYYYYI GL1-7146 Al CERTIFICATE OF COVERAGE 12/03/2014 rHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CSAC Excess Insurance CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A Authority CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. C/O ALLIANT INSURANCE SERVICES, INC. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF PO BOX 6450 NEWPORT BEACH, CA 92658-6450 'SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 COVERAGE A - CSAC Excess Insurance Authority Y LICENSE #OC36861 Member: COVERAGE CITY OF NEWPORT BEACH AFFORDED B ATTN: SHERI ANDERSON COVERAGE 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 AFFORDED C COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A ® Excess General Liability EIA -PE 14 EL -89 07/01/2014 07/01/2015 Difference between $1,000,000 ® Excess Auto Liability and the Member's Self -Insured Excess Errors &Omissions Retention of $500,000 Completed Operations Aggregate Applies Description of Operations/Locations/Vehicles/Special Items: AS RESPECTS GRANT AGREEMENT NUMBER C7702208 BETWEEN CITY OF NEWPORT BEACH AND STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) PROGRAM FROM OCTOBER 1, 2014 THROUGH OCTOBER 1, 2016. STATE OF CALIFORNIA, ITS OFFICERS, AGENTS, EMPLOYEES AND SERVANTS ARE INCLUDED AS AN ADDITIONAL COVERED PARTIES BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. THIS COVERAGE SHALL BE PRIMARY AND NO OTHER COVERAGE SHALL CONTRIBUTE. PURSUANT TO ENDORSEMENT NUMBER U-10. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AUTHORIZED REPRESENTATIVE ATTN: DIVISION OF BOATING AND WATERWAYS ONE CAPITOL MALL, SUITE 410 SACRAMENTO, CA 95814: - CSAC EXCESS INSURANCE AUTHORITY PAGE 1 OF 2 ENDORSEMENT NO. U-1 CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY I ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the `Covered Party, Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY: NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase the Authority's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: PER ATTACHED CERTIFICATE OF COVERAGE Issue Date: June 27. 2014 Authorized Representati CSAC Excess Insurance thority PAGE 2 OF 2 ENDORSEMENT NO: U-10 CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY I AMENDATORY ENDORSEMENT-PRIMARY/NON-CONTRIBUTORY It is understood and agreed that Condition 7. OTHER COVERAGE, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 7. OTHER COVERAGE If collectible insurance with an insurer is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such insurance; provided that this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations. However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement. Notwithstanding the foregoing paragraph, if, because of liability arising out of or in connection with the operation of any clinic or established health care facility, coverage for damages is available under this Memorandum and under the Authority's Medical Malpractice Program, it shall be conclusively presumed that the coverage afforded under the Medical Malpractice Program shall be primary and any coverage available under this Memorandum shall be excess only. For claims to which this provision applies, the exhaustion of the Authority's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum. Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum. It is further agreed that nothing herein shall act to increase the Authority's limit of liability. Page 1 of 2 This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: EIA 14 EL -00 Issued to: ALL MEMBERS Issue Date: June 24, 2014 Authorized Repres ntative CSAC Excess Insur ority Page 2 of 2 COVERAGES- r.FRT]rtr'_GTF NIIMRFR• AFIIICIYSAI All IYufRCG• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE OF LIABILITY INSURANCE 12/03/20141 rna a.cnrlrn,nlc IJ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ALLIANT INSURANCE SERVICES, INC. P.O. Box 6450 Newport Beach, CA 92658-6450 Ph (949) 756-0271 - Fax (949) 756-2713 - License No. OC36861 INSURED: CONTACT PHONE: FAX WC, No. Ext): R'C. lin:) n o less: PROIiucER: clTsroMEn In■ INSURER(S) AFFORDING COVERAGE NAIC # CITY OF NEWPORT BEACH INSURERA: Navigators Insurance Company P.O. BOX 1768 INSURER B: Navigators Insurance Company NEWPORT BEACH, CA 92658 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES- r.FRT]rtr'_GTF NIIMRFR• AFIIICIYSAI All IYufRCG• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE ADDL 1NSR SUER WVD POLICY NUMBERPOLICY E" MM/DD/.YY POLICY EXP MM/p LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGET PREM ISES Ea Occurrence MED EXP (Any one person) CLAIMS MADE = OCCUR PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO- LOC PRODUCTS-COMP/OP AGG. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Accident BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) ALL OWNED AUTOS PROPERTY DAMAGE SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIABOCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION: $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS LIABILITY YIN ANY PROPRIETORY/PARTNER / EXECUTIVE OFFICER/ MEMBER EXCLUDED? NIA STATUTE ER E.L. EACH ACCIDENT (MANDATORY IN NH) IF YES. DESCRIBE UNDER E.L. DISEASE - EA EMPLOYEE UNDER DESCRIPTION OFOPERATIONS BELOW _ E.L. DISEASE - POLICY LIMIT _ _ A OTHER SF13CFT504742 WATERCRAFT 1 1 0 /15 1) L $750,000 BLANKET LIMIT B SF13LIA00504701 03/01/13 03/01/15 2) PROTECTION & INDEMNITY $1,000,000 LIMIT EXCESS PROTECTION & INDEMNITY $9,000,000 EXCESS $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLES (Attach Acord 101, Additional Remarks Schedules, If more space is required) ISSUED FOR PURPOSES OF EVIDENCING COVERAGE AS RESPECTS SURENDERED AND ABANDONED VESSEL EXCHANGE (SAVE), ABANDONED WATERCRFT ABATEMENT FUND (AWAF), VESSEL TURN -IN PROGRAM (VTIP). CERTIFICATE HOLDER r.ANr..FI I ATInN DEPARTMENT OF PARKS AND RECREATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DIVISON OF BOATING AND WATERWAYS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE ONE CAPITOL MALL, STE. 410 SACRAMENTO, CA 95814 WITH THE POLICY PROVISIONS. AUTHORIZED REPRES IVE W 1888-2010 AGORD CORPORATION. All rights reserved. ACORD 25 (2014-01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE SSUEDATE c12/22/2014 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ALLIANT INSURANCE SERVICES, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1301 Dove St., Suite 200 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Newport Beach, CA 92660 COMPANIES AFFORDING COVERAGE Phone 949 660-8119 /Fax 619 699-0906 INSURED COMPANY LETTER A Illinois Union Insurance Company COMPANY B City of Newport Beach LETTER 100 Civic Center Drive COMPANY LETTER C Newport Beach, CA 92663 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY LTR DATE (MM/DD/YY) EXPIRATION LIMITS DATE MM/DD GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL PRODUCTS-COMP701P LIABILITY_ AGG. CLAIMS r i OCCUR PERSONAL&ADV. INJURY MADE u OWNER'S &CONTRACTOR'S EACH OCCURRENCE PROT. FIRE DAMAGE (Any one fire MED. EXPENSE (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT AND DISEASE -POLICY LIMIT EMPLOYER'S LIABILITY I DISEASE -EACH OTHER I Per Pollution Condition $15,000,000 Pollution Liability A Retro Date: None PPE G27410790 001 07/01/2014 07/01/2015 Aggregate Limit $18,000,000 Retention $50,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Pollution Liability coverage for the State of California, its officers, agents, employees and servants, but only with respect to work performed under the contract #C7702208 with the City of Newport Beach. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE State of California - Natural Resources Agency EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Department of Parks and Recreation "30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Division of Boating and Waterways BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1 Capitol Mall, Suite 410 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Sacramento, CA 95814 "EXCEPT 10 DAYS FOR NON-PAYMENT AUTHORIZED REPRESENTATIVE (/)r dc', 162,, G:\ENVIRONMENTAL\4 - HELP-HOSPITALS\1 - CLIENTS\GOOD SAMARITAN\LIABILITY - POLLUTION - ALLIANT SL\2012-2013\7. CERTIFICATES\12-13 PRIMARY CERT.DOC SCHEDULE OF ADDITIONAL INSUREDS ENDORSEMENT Named Insured Endorsement Number City of Newport Beach 29 Policy Symbol Policy NumberPolicy Period Effective Date of Endorsement PPE G27410790 001 07/01/2014 to 07/01/2017 12/03/2014 Issued By (Name of Insurance Company) Illinois Union Insurance Company Insert the policy numWr. The remainder of She information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The "insured" and the Insurer hereby agree to the following changes to this Policy: The entities identified below shall be considered an "additional insured" under this Policy, but only with respect to their vicarious liability arising out of the "first named insured's" or any "named insured's" "covered operations". Schedule of Additional Insureds 1. The State of California, its officers, agents, employees, and servants, but only with respect to work performed under Grant Number: C7702208. All other terms and conditions of this Policy remain unchanged. Authorized Representative MANU (12/14) ©2009 ® Page 1 of 1 Sykes, Susan@Parks From: Levin, Shannon <SLLevin@newportbeachca.gov> Sent: Monday, December 22, 2014 2:30 PM To: Sykes, Susan@Parks Subject: RE: NEWPORT BEACH: SAVE grant agreement review and approval request Susan, The City has no intention to tow any vessels, especially those containing hazardous materials. If my vendor(s) does this activity he will be responsible for the MCS -90. Our plan is to have any hazardous parts removed at local shipyards prior to haul out and towing. Best, Shannon Levin Harbor Analyst City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 www.Newr)oriBeachCA.aov/HarborResources 949-644-3041 From: Sykes, Susan@Parks [mailto:susan.sykesCa parks.ca.gov] Sent: Monday, December 22, 2014 1:28 PM To: Levin, Shannon Subject: FW: NEWPORT BEACH: SAVE grant agreement review and approval request Importance: High Hi Shannon, We are almost done! If true, I just need a statement of fact from you (email or on letterhead) that your agency will not be towing any vessel or container containing hazmat on public roads, and that your vendor/subcontractor will be doing this particular activity. In that case, the vendor will need to provide the MCS -90. I believe this statement is all I need to obtain the final approvals here. Please let me know if you have any questions. Susy Sykes CA State Parks Division of Boating and Waterways (916)327-1825 From: Sykes, Susan@Parks Sent: Wednesday, December 17, 2014 3:14 PM To: sha n non (a) newportbeachca.gov Subject: FW: NEWPORT BEACH: SAVE grant agreement review and approval request Importance: High Hi Shannon,