Loading...
HomeMy WebLinkAbout04 - Acceptance of the State of California Grant for Replacement of the City's Public Vessel Sewage Pumpout StationsQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 8, 2020 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Administrative Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Resolution No. 2020-77: Acceptance of the State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Replacement of the City's Public Vessel Sewage Pumpout Stations ABSTRACT: The City currently owns, operates and maintains five public vessel sewage pumpout stations at four publicly accessible docks throughout Newport Harbor. In an effort to promote water quality, the State of California Department of Parks and Recreation, Division of Boating and Waterways (State) offers grants which reimburse 75% of the cost for public vessel sewage pumpout stations. The State has approved the City's grant application and the City Council is requested to authorize acceptance of the grant terms and conditions. Nx0101LhI TT I=10117_111[a]►F a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Adopt Resolution No. 2020-77, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8963454 between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach For Seventy -Five Percent of the Replacement Cost for Five Public Vessel Sewage Pumpout Stations in Newport Harbor,- c) arbor, c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the replacement of the City's public vessel sewage pumpout stations throughout Newport Harbor; and d) Approve Budget Amendment No. 21-004 recognizing $79,705.57 in increased grant contributions in Account No. 13501-431385-20H13 and appropriates $79,705.57 in increased expenditures for the Vessel Sewage Pumpout Replacement improvement project (Account No. 13501-980000-20H13). 4-1 Resolution No. 2020-77: Acceptance of the State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Replacement of the City's Public Vessel Sewage Pumpout Stations September 8, 2020 Page 2 FUNDING REQUIREMENTS: Upon approval of the proposed budget amendment, sufficient funding is available within the Vessel Sewage Pumpout Replacement project. The proposed budget amendment recognizes $79,705.57 in increased grant contributions from the State of California Department of Parks and Recreation, Division of Boating and Waterways (Account No. 13501-431385-201-113) and appropriates $79,705.57 in increased expenditure appropriations (Account No. 13501-980000-201-113). This budget amendment has no impact on fund balance. The City's required matching funds will come from the Tidelands Capital Fund (Account No. 10101-980000-201-113). Tidelands funds are restricted for purposes consistent with the tidelands public trust including establishing, improving and operating a public harbor. DISCUSSION: The City currently owns, operates and maintains five public vessel sewage pumpout stations at four publicly accessible docks located at the Washington Street public dock (Fun Zone area), Fernando Street public dock, American Legion/15th Street public dock area (two stations), and the City's Balboa Yacht Basin marina at 829 Harbor Island Drive. (Attachment A). These vessel sewage pumpout stations are available to the public, free of charge, seven days a week, 24 hours a day. These stations are not attended by City staff, but they are inspected and maintained at least weekly, if not more during the boating season, and they are typically repaired within one to three days to minimize unnecessary downtime for the boater. The City's pumpout stations are very well used and appreciated by the boaters as a no - cost alternative for disposing vessel sewage waste. The current four locations are spaced throughout the harbor to accommodate as many users as possible with particular attention to the adjacent mooring fields. In addition, the harbor does have other private stations in various marinas to relieve some of the strain. And lastly, there are two private companies within the harbor who offer a fee-based mobile pumpout service which is popular for some of the City's live aboard permittees. Because these machines are highly used throughout the year and without direct staff supervision, they do experience significant wear and tear, and should be replaced on a regular schedule, thereby ultimately reducing boater frustration. The State's grant stipulates that the grantee must maintain the stations in operating condition for seven years before applying for replacement grant funds. To this extent, the City has been reapplying for grant funds every seven years for many cycles. The current seven-year cycle ends in September 2020, and pending City Council's approval of the grant, the State is poised to execute the agreement so that new pumpouts could be ordered and installed as soon as possible at all five City locations. As stated in the grant agreement, the State will reimburse the City 75% of the replacement cost and installation of five public vessel sewage pumpout stations. 4-2 Resolution No. 2020-77: Acceptance of the State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Replacement of the City's Public Vessel Sewage Pumpout Stations September 8, 2020 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guidelines Section 15301 (Class 1) applies to the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." Section 15302 (Class 2) applies to the "replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced[.]" The replacement public vessel sewage pumpout stations will be in the same location and will be substantially the same size and capacity as the existing pumpout stations. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A —Vicinity Map Attachment B — Resolution No. 2020-77 Attachment C — Budget Amendment 4-3 ATTACHMENT A ► F dj ' ' • All, ,r.. , P 0 hN E AVE 0 0 tl.rn i,.r'x Alil. ��1FF aR � hrii. n . 0 4�p k, STATE fiwX 1 Q7ff Ne - IIn An IJ. �9 1-SjD HcuEon �nitrr - I idr,l.l« EDR LLI G•a-boort Harbor SALBpq�.,,� a Q[v4 LY sAnon,clnna Lri,irr.•,,.— Ilalhnal sl•mA ealbwr<nni-tela 0 111,404 eC �D :Cc¢•frur! Hilr!!vr E MfRgM� DR � s.,ln�a Prnnina,la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4-4 ATTACHMENT B RESOLUTION NO. 2020- 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING ACCEPTANCE OF GRANT AGREEMENT C8963454 BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS AND THE CITY OF NEWPORT BEACH FOR SEVENTY-FIVE PERCENT OF THE REPLACEMENT COST FOR FIVE PUBLIC VESSEL SEWAGE PUMPOUT STATIONS IN NEWPORT HARBOR WHEREAS, the City of Newport Beach ("City") operates and maintains the public vessel sewage pumpout stations in Newport Harbor to meet the needs of boaters and to provide public access to these stations; WHEREAS, the State of California, Department of Parks and Recreation, Division of Boating and Waterways ("State") is authorized to provide grants to cities, counties, districts and other public agencies for the operation and maintenance of public vessel sewage pumpout stations; WHEREAS, the State grants provide reimbursement funding of up to 75% of the total costs for public vessel sewage pumpout stations; WHEREAS, the City has submitted a grant application to the State for funds to replace the City's existing five public vessel sewage pumpout stations at four locations throughout Newport Harbor; WHEREAS, the State has approved the City's application and submitted Grant Agreement Number C8963454 to the City for authorization and execution ("Grant Agreement"); WHEREAS, the City will provide the remaining 25% of the total funds for replacement of the City's five public vessel sewage pumpout stations; 4-5 Resolution No. 2020 - Page 2 of 3 WHEREAS, for all grants of thirty thousand dollars ($30,000) or more, City Council Policy F-3 and F-25 generally require that, prior to the acceptance of a grant, the City Council and City Manager approve the terms and conditions of the grant, approve budget appropriations for the grant expenditures and City matching expenditures unless previously appropriated through the budget adoption process, and approve and execute the grant contracts. Council expenditure appropriation is required for all new appropriations in excess of ten thousand dollars ($10,000) or as otherwise specified by City Council Policy F-3; and WHEREAS, the City will maintain and operate the equipment as required by the Grant terms. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach does hereby accept Grant Agreement Number C8963454, attached and incorporated herein as Exhibit 1, representing 75% of the total cost for five replacement vessel sewage pumpout stations which will be installed at four of the City's public docks facilities throughout Newport Harbor, subject to the terms and conditions contained in the Grant Agreement. Section 2: The City Manager is authorized to enter into, execute, and deliver on behalf of the City, the Grant Agreement for the amount of Seventy -Nine Thousand Seven Hundred Five Dollars and 57/100 ($79,705.57), and any and all other documents required or deemed necessary or appropriate to evidence and secure the Grant, the City's obligations related thereto, and all amendments thereto, approved as to form by the City Attorney. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Emo Resolution No. 2020 - Page 3 of 3 Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQX) pursuant to Sections 15301, Class 1 (the project involves negligible or no expansion of use) and Section 15302, Class 2 (replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 8th day of September, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Exhibit 1 —Grant Agreement 4-7 EXHIBIT 1 State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS GRANT AGREEMENT GRANTEE: City of Newport Beach GRANT AGREEMENT PERFORMANCE PERIOD Is from: September 13, 2020 and continues to February 1, 2021 - GRANT AGREEMENT PERIOD is from: September 13, 2020 and continues 7 years from Date of Acceptance of Project. PROJECT TITLE: City of Newport Beach Public Pumpouts (#1171) GRANT NUMBER: C8963454 The Grantee agrees to the terns and conditions of this grant, 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 of $79,705.57, identified in Exhibit B which is a part of the GRANT AGREEMENT consisting of: Exhibit A "Vessel Pumpout Facility Installation, Vessel Pumpout and Floating Restroom Operation and Maintenance Grant Agreement', page 1-23. Exhibit B "City of Newport Beach FY 2018/19 CVA Pump -out Grant Scope and Cost Estimate', page 1-2. Exhibit C "GTC 04/2017 General Terms and Conditions", page 1-4, and Exhibit D "California State Parks Division of Boating and Waterways Clean Vessel Act Grant Application", page 1-22. This Grant is funded by the U.S. Fish and Wildlife & Sport Fish Restoration Program, administered by California Department of Parks and Recreation, Division of Boating and Waterways. Total Federal FY18 award, F18AP00295 Coastal Clean Vessel Grant, to California is: $972,000.00. Grantee: City of Newport Beach Agency: Department of Parks and Recreation Division of Boating and Waterways Address: 100 Civic Center Dr. Address: One Capitol Mall, Suite 500 Newport Beach, CA 92660 Sacramento, CA 95814 BY: BY: (Aulhonzod Signature) (Authanzed SlgnelUre) GRACE LEUNG, CITY MANAGER KEREN DILL, STAFF SERVICES MANAGER II (Arinted Name and Tile IK Authonzed RWeswuatve) Ipnnted Name end Tale of Authorized RepresematJve) Date Atter CERTIFICATE OF FUNDING City Clark (FOR STATE USE ONLY) GRANT AMENDMENT NO FISCAL SUPPUER NO PROGRAM C8963454 0000011771 2855015 AMOUNT ENCUMBERED BY TTIIS FUND TITLE AGENCY BILLING CODE NO DOCUMENT 053709 $79,705.57 FEDERAL TRUST FUND-{F18AP00295) (Coastal) PRIOR AMOUNT ENCUMBERED RV THIS GL / APPROP REF / FUND CNAPTER STATUTE (ENY) FISCAL YEAR DOCUMENT 3790-101-0890 29 2018 2019/20 $0.00 TOTALAMOUNT ENCUMBERED TO RPTGSTRDCTURE ACCOUNT ACTIVITY PROJECT DATE 37900709 5432000 379068800200 $79,705.57 0000000000 68441 T.B.A. NO I hereby certify upon my own personal knowiedge that the budgeted funds are ovoitdb)e for this encumbrance. 9.R.NO ACCOUNTING OFFICER'S$IGNATURE DATE APPROVED AS TO FORM: CITY A FWEYFS OFFICE Aaron G Harp, City M Grant Agreement #C8963454 Exhibit A VESSEL PUMPOUT FACILITY INSTALLATION, VESSEL PUMPOUT AND FLOATING RESTROOM OPERATION AND MAINTENANCE GRANT AGREEMENT TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS.....................................................................................3 ARTICLE 2 - TERM OF AGREEMENT..................................................................4 ARTICLE3 - GRANT...............................................................................................4 ARTICLE 4 - COMPLIANCE WITH LAW, REGULATION, AND POLICY...............4 ARTICLE 5 - USER FEES (50 CFR 85.44)............................................................ 5 ARTICLE 6 - PROJECT COMPLETION DATE ...................................................... 5 ARTICLE 7 - DISBURSEMENT OF GRANT........................................................... 5 ARTICLE 8 - SPECIAL PROVISIONS...................................................................6 ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306) ......................10 ARTICLE 10 -CONSTRUCTION OF PROJECT..................................................11 ARTICLE 11 - WAIVER OF RIGHTS.....................................................................12 ARTICLE 12 - PROJECT REPRESENTATIVES.................................................12 ARTICLE 13 - REMEDIES NOT EXCLUSIVE.......................................................12 ARTICLE 14 - OPINIONS AND DETERMINATIONS............................................12 ARTICLE 15 - ASSIGNMENT, SALE, OR TRANSFER........................................13 ARTICLE 16 - SUCCESSORS AND ASSIGNS OBLIGATED...............................13 ARTICLE 17 - TERMINATION...............................................................................13 ARTICLE 18 - LIABILITY.......................................................................................14 ARTICLE19 - WAIVERS.......................................................................................14 ARTICLE 20 - DISPUTE RESOLUTION...............................................................15 ARTICLE 21 - WAIVER OF THE STATUTE OF LIMITATIONS ........................... 15 ARTICLE22 - NOTICES........................................................................................15 ARTICLE 23 - PRIOR TERMINATION..................................................................15 ARTICLE24 - AUDIT.............................................................................................16 ARTICLE 25 - IMPLEMENTATION OF PROJECT...............................................16 1 2.29.20 final CV Install, Op and Maint FRR Op and Maint Grant Agreement #C8963454 Exhibit A ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS .....................16 ARTICLE 27 - OUTSIDE SERVICES (NON-EXCLUSIVITY)...............................16 ARTICLE 28 - STATUS REPORTS......................................................................16 ARTICLE29 - MEETINGS....................................................................................16 ARTICLE 30 - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308)........................................................................................17 ARTICLE 31 - TERMS AND CONDITIONS.........................................................17 ARTICLE 32 - MANDATORY DISCLOSURES....................................................17 ARTICLE 33 - GRANTEE IDENTIFICATION NUMBER.......................................18 ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION........................................................................18 ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION ........ 18 ARTICLE 36 - INCORPORATION OF NONDISCRIMINATION CLAUSE ............18 ARTICLE 37 - STATEMENT OF COMPLIANCE...................................................18 ARTICLE 38 - NONDISCRIMINATION CLAUSE..................................................19 ARTICLE 39 - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION ........................19 ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE................................................20 ARTICLE 41 - SUPERSEDING GENERAL TERMS AND CONDITIONS.............23 2 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-10 Grant Agreement #C8963454 Exhibit A ARTICLE 1 - DEFINITIONS A. ALLOWABLE PROJECT COSTS means those permitting, planning, signage, labor, design, material and construction costs which are necessarily incurred by the Grantee for the purpose of completing the Project and are covered by the Grant as eligible Grant activities; such Project Costs shall not include any expenses incurred prior to the Effective Date of this Agreement nor any expenses incurred for ineligible activities unless otherwise noted in the Project Scope and Cost Estimate (Exhibit B). B. DATE OF ACCEPTANCE, for Installation Agreements, means the date specified on the Project Completion Certification and which denotes the beginning of the seven (7) year portion of the grant term in accordance with Article 2 of this Exhibit. C. DEPARTMENT means the Department of Parks and Recreation, Division of Boating and Waterways. D. EFFECTIVE DATE means either the mutually agreed upon Project 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 signature. No work shall commence until the Effective Date. E. GRANT means the funds provided pursuant to Harbors and Navigation Code Section 72.75 and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part of the Project Costs. F. GRANT AGREEMENT means the agreement to which these standard terms and conditions are appended. G. GRANTEE means the person or entity identified as the Grantee on the face page of the Agreement. H. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have the same full and reasonable access to the facilities for the purpose of sewage disposal. PROJECT means the Project Scope attached and made part of the Agreement as Exhibit B. 3 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-11 Grant Agreement #C8963454 Exhibit A J. PROJECT AREA means the area described in Exhibit B within which the Project will be undertaken. K. PROJECT COMPLETION CERTIFICATION, for Installation Agreements, means a fully executed Notice of Completion, or equivalent, which states the Grantee has accepted the Project as complete on a specific date (Date of Acceptance). ARTICLE 2 - TERM OF AGREEMENT A. For Installation projects, the term of this Agreement, subject to the provisions for prior termination, shall begin on the Effective Date of the Agreement and shall continue for seven (7) years from the date that the Project is accepted by the Department. B. This Agreement may be extended, amended, or canceled upon written agreement of both the Department and the Grantee. ARTICLE 3 - GRANT A. The Department hereby grants up to SEVENTY NINE THOUSAND SEVEN HUNDRED FIVE DOLLARS AND FIFTY SEVEN CENTS, $79,705.57, to the Grantee, for installation of the pumpout facilities at Newport Beach Marina in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85). B. The Grant shall not exceed SEVENTY FIVE PERCENT (75%) of the allowable Project Costs. The Grantee shall contribute the remaining TWENTY FIVE PERCENT (25%). C. The Grant provides for reimbursement with Federal Funds [FED CATALOG 15.616]. D. The Project work shall be in accordance with the approved Project Scope and Cost Estimate, attached as Exhibit B which is made part of this Grant Agreement. ARTICLE 4 - COMPLIANCE WITH LAW, REGULATION, AND POLICY A. Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50 CFR 85), Equal Opportunity (41 CFR 60-1.4(b)), Copeland "Anti -Kickback" Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 4 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-12 Grant Agreement #C8963454 Exhibit A 3701-3708), "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401-7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti - Lobbying amendment (31 U.S.C. 1352). Updated regulations are available at the U. S. Fish and Wildlife website http://www.fws.gov/grants/resources.html. ARTICLE 5 - USER FEES (50 CFR 85.44) A. The Grantee may not charge a fee for the use of any floating restroom facilities covered by this Grant. B. The Grantee may charge a fee for the use of the pumpout facility constructed, operated, or maintained with the Grant: however; those fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel pumpout facility. The Grantee may not charge a total fee in excess of $5.00 for the use of the pumpout facility constructed without prior written approval of the Department. The $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993 (436.8) as the base for any adjustment. Fees shall be equal for all users. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. ARTICLE 6 - PROJECT COMPLETION DATE For all Installation projects, the Grantee shall complete the vessel pumpout facility project as described in the Project Scope, Exhibit B and hereinafter referred to as "Project" no later than February 1, 2021. ARTICLE 7 - DISBURSEMENT OF GRANT The Department shall provide a Grant to the Grantee up to the maximum amount stated on the face page of the Agreement, however: No funds shall be disbursed for work performed prior to the Effective Date of this Agreement. The Department shall have no s 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-13 Grant Agreement #C8963454 Exhibit A obligation to disburse any of the Grant to cover construction costs unless and until the Grantee demonstrates that it has acquired all permits necessary to construct and operate the Project. The Department shall have no obligation to disburse any of the Grant unless and until the Grantee provides the Department with copies of fully executed contracts for which it seeks reimbursement. Grant disbursements to cover Project Costs shall be made in arrears as follows: A. Grantee shall request a Grant disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing. Paid invoices or other evidence of Grantee's payment of Project Costs must accompany Grant disbursement requests. When Grantee's staff completes work, Grantee shall submit clearly identified signed time sheets noting hours worked towards this project, direct pay rates, including benefits are required, for each installer to substantiate that the minimum match requirement has been met. B. Grant disbursement requests shall be submitted in duplicate hardcopy to the Department in a form satisfactory to the Department. In the event no reimbursable expenses were incurred during a quarter, the Grantee shall report to the Department of any progress made on the Project, or explanation of no progress made on the Project, at least monthly. C. Grantee shall request final Grant disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Grantee. D. The Department may withhold any Grant disbursement if the Grantee fails to comply with any of the provisions of this Agreement. ARTICLE 8 - SPECIAL PROVISIONS A. The pumpout facility constructed under this Grant shall be operated, maintained, and be open and available to the public for the full term of this Agreement. 1. Operation of the pumpout facility shall be during normal business hours each day and availability shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems, or other means. 2. The pumpout facility constructed under this Agreement shall be z 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-14 Grant Agreement #C8963454 Exhibit A equipped with an hour meter to record its usage. 3. All pumpout systems shall be provided with a wireless, real time monitoring, data collection, and reporting system. The monitoring system shall be factory installed by the pumpout manufacturer. The monitoring system shall be either of the following: a) MarineSync [(888) 988 -SYNC (7962)], Model MSI -Plug & Play Package w/2 -Year Data Plan (p/nMS0101.002), b) PumpWatcher Co. [(727) 641-1936] Monitoring System #PW- RS1 w/2 -Year Data Plan or equal approved by the Department. 4. The Grantee shall maintain the monitoring system and data plan for the full term of this Agreement. The Department shall also be provided full access to the data collected by the monitoring system upon request. B. The floating restroom(s) operated and maintained under this grant shall be open and available to the public for the full term of this Agreement. 1. The floating restroom(s) shall not be moored, tied to, or located within or immediately adjacent to any marina. The intention of the floating restrooms is to provide sanitary facilities in locations that would not otherwise be available due to remote location, limited or no landside access, or rough topography. C. For vessel pumpout facility, the Grant recipient shall install signage that shall: 1. Indicate the presence of a pumpout facility. (State supplied sign), 2. Acknowledge that the facility was constructed or improved with funds from the Clean Vessel Act. (State supplied sign), 3. Provide appropriate information at the pumpout facility that indicates fees, restrictions, operation instructions, and a contact name and number if the facility is inoperable, and 4. Provide notice on the pumpout facility that identifies the local city, county, local public health officer, or boating law enforcement officer responsible forenforcing the pumpout regulations in the local area. D. For floating restroom facility, the Grant recipient shall install signage that shall: 1. Acknowledge that the facility was constructed with funds from the Clean 7 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-15 Grant Agreement #C8963454 Exhibit A Vessel Act. (State supplied sign) E. Operation and Maintenance of Project 1. Because the Department has invested public funds in this facility, the Department has a vested interest in its success. The Grantee therefore shall ensure that the facilities are operated and maintained in a manner that will prevent discharge of any sewage to the waters of the State. The facilities shall be maintained in good working order, and they shall be regularly cleaned for the entire term of this Agreement. 2. Facilities shall be subject to periodic die testing for the term of the grant agreement. This testing may be performed by representatives of DBW and/or marina staff. The purpose of the testing is to identify any previously undetected issues in the pumpout system and related plumbing to shoreline facilities so they can be addressed promptly as to prevent waterbody pollution and possible fines that may be imposed by environmental agencies. 3. The Grantee shall be responsible for all costs of maintenance, management, control, and operation of the Project Area. 4. The Department and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area for purposes of inspecting the facilities to determine if the facility is being maintained according to the terms of this Agreement and the Maintenance Guidelines listed below. 5. The Grantee hereby authorizes the Department and its agents to periodically at all reasonable times enter the Project Area to inspect the grant funded improvements and publish the results as a part of its ongoing monitoring of California's sewage disposal network. 6. Failure by Grantee to maintain the facility according to this section is a breach of this Agreement and may subject the Grantee to Termination of this Agreement. 7. The Department and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area. 8 2.29.20 final CV Install, Op and Maint FRR Op and Maint 0 Grant Agreement #C8963454 Exhibit A 8. The Department and its agents may install upon the facilities equipment a monitoring device to record the operation and reliability of the Project under this Agreement. 9. The Grantee shall at a minimum maintain the facility in accordance with the Maintenance Guidelines below: a) Vessel pumpout facilities shall be inspected daily for cleanliness, suction hose and nozzle conditions, discharge pipe condition, and general pump operating condition. All repairs shall be completed within 72 hours of identifying a need. Perform cleanup and maintenance as required. b) Floating restroom facilities shall be inspected weekly for cleanliness, and general operating condition. All repairs shall be completed within 72 hours of identifying a need. Perform cleanup and maintenance as required. c) As recommended by the equipment manufacturer, perform preventative maintenance for all equipment according to the manufacturer's recommended schedule. 10. All Contracts issued by grantee for work related to this award shall comply with Federal requirements 2 CRF identified in section §§200.318 General procurement standards through 200.326 Contract provisions. F. Upon expiration of the Agreement, all improvements made by the Grantee shall become property of the Grantee. G. Grantee shall each year provide information about the use and reliability of the facilities in the form of a post -implementation evaluation report (PIER) provided by the Department and shall provide the results of the PIER to the Department no later than 30 days after receipt of the PIER. H. Notices required between the parties shall be deemed to have been given on the date they are mailed to the respective party's address herein, first-class postage fully prepaid thereon. :J 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-17 Grant Agreement #C8963454 Exhibit A ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306) A. All shared costs, matching funds, and contributions, including cash and third party in-kind contributions, shall meet all of the following criteria: 1. Shall be clearly and specifically detailed in writing, and verified by Grantee, 2. Shall not be included as contributions for any other Federal award, 3. Shall be necessary and reasonable for accomplishment of Project or program objectives, 4. Shall be allowable under Subpart E below, 5. Shall not be paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for that program may be applied to matching or cost sharing requirements of other Federal programs, 6. Shall be provided for in the approved budget when required by the Federal awarding agency, and 7. Shall conform to other provisions of this part, as applicable. B. Unrecovered indirect costs, including indirect costs on cost sharing or matching, may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the non -Federal entity's approved negotiated indirect cost rate. C. Volunteer services furnished by third -party professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved Project or program. Rates for third -party volunteer services must be consistent with those paid for similar work by the non -Federal entity. In those instances, in which the required skills are not found in the non -Federal entity, rates must be consistent with those paid for similar work in the labor market in which the non - Federal entity competes for the kind of services involved. In either case, paid 10 2.29.20 final CV Install, Op and Maint FRR Op and Maint W. Grant Agreement #C8963454 Exhibit A fringe benefits that are reasonable, necessary, allocable, and otherwise allowable may be included in the valuation. D. When a third -party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable and otherwise allowable, and indirect costs at either the third party organization's approved federally negotiated indirect cost rate or, a rate in accordance with §200.414. Indirect (F & A) costs, paragraph (d), provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. E. Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in the cost sharing or matching share must not exceed the fair market value of the property at the time of the donation. F. The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality. G. The value of loaned equipment must not exceed its fair rental value. For third -party in-kind contributions, the fair market value of goods and services must be documented and to the extent feasible supported by the same methods used internally by the non -Federal entity. 2. For Institutes of Higher Education, see also OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs. ARTICLE 10 - CONSTRUCTION OF PROJECT A. All contracts for the Project shall: 1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding, 2. Contain the following clause: "Representatives of the Department shall 2.29.20 final be allowed access to all parts of the construction work.", CV Install, Op and Maint FRR Op and Maint 4-19 Grant Agreement #C8963454 Exhibit A 3. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the Project and any work performed pursuant to the contract, and 4. Contain a clause that requires the contractors to ensure the structural integrity and safety of the Project. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the Department personnel, and all request for copies of such reports and data shall be provided to the Department by the Grantee. ARTICLE 11 - WAIVER OF RIGHTS Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with the Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter. ARTICLE 12 - PROJECT REPRESENTATIVES The Grantee and the Department shall each designate, in writing, specific staff representatives for the purposes of communication between parties. Grantee's representative shall be confirmed by delegation of authority, signed by the person designated by Resolution to sign the Agreement or any amendments, and to make decisions concerning the Agreement. ARTICLE 13 - REMEDIES NOT EXCLUSIVE The use by either the Department or the Grantee of any remedy specified in this Agreement for the enforcement of this Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE 14 - OPINIONS AND DETERMINATIONS Where the terms of this Agreement provide for action to be based upon the opinion judgment, approval, review, or determination of either the Department or Grantee, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 12 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-20 Grant Agreement #C8963454 Exhibit A ARTICLE 15 - ASSIGNMENT, SALE, OR TRANSFER A. No assignment, sale, or transfer of this Agreement or any part hereof, rights hereunder, or interest herein by Grantee shall be valid unless and until it is approved in writing by the Department and made subject to such reasonable terms and conditions as the Department may impose. B. Grantee shall require, as a condition of assignment, sale or transfer of the property on which the Project is constructed, that the assignee, purchaser or transferee of the property assume, in writing, in such manner as shall be satisfactory to the Department, the obligations of this Agreement. Failure to comply with this provision shall constitute a default and shall be grounds for Department to terminate this Agreement. ARTICLE 16 - SUCCESSORS AND ASSIGNS OBLIGATED This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties to this Agreement. ARTICLE 17 - TERMINATION A. TERMINATION FOR CONVENIENCE 1. The Department may terminate this Agreement at any time for the convenience of the State upon thirty (30) days prior written notice, delivered by certified mail or in person to Grantee. Upon notice of such termination, Grantee shall, within thirty (30) days, return by check payable to the Department all unexpended Grant funds not previously approved for expenditure by the Department. 2. Grantee may terminate this Agreement at any time upon thirty (30) days prior written notice, delivered by certified mail or in person to the Department, provided, however, that upon any such termination of the Agreement Grantee shall, within thirty (30) days of such termination, reimburse by check payable to the Department all funds contributed by the Department to the Project on a prorated basis as determined by the Department. B. TERMINATION FOR DEFAULT The Department may at any time upon ninety (90) days prior written notice of 13 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-21 Grant Agreement #C8963454 Exhibit A default, and, when applicable, after having afforded Grantee an opportunity to cure any breach pursuant to Article 13 of this Exhibit, terminate this Agreement if the Grantee has failed to abide by any applicable provision of this Agreement. In such case, Grantee shall, within ninety (90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the Department to the Project on a prorated basis as determined by the Department. ARTICLE 18 - LIABILITY A. The Grantee waives all claims and recourse against the Department including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this Agreement. B. The Grantee agrees to indemnify, defend and hold harmless, the Department, 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, entity 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, entity or corporation who may be injured or damaged in the performance of this Agreement or by any aspect of the Project during the term of this Agreement. C. The Grantee shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses and liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project. D. If the Department is named as a co-defendant, the Grantee shall notify the Department and represent it unless the Department elects to represent itself. If the Department undertakes its own defense, it shall bear its own litigation costs, expenses, and attorney's fees. ARTICLE 19 - WAIVERS No delay on the part of any party in exercising any right, power or privilege under 14 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-22 Grant Agreement #C8963454 Exhibit A this Agreement shall operate as a waiver of that right, power, or privilege, nor shall any written waiver on the part of any party of any right, power or privilege under this Agreement, nor any single or partial exercise of any right, power or privilege under this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. A written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of the same kind. ARTICLE 20 - DISPUTE RESOLUTION Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the Grantee and Department representatives normally responsible for the administration of this Agreement shall be brought to the attention of the Deputy Director of the Division of Boating and Waterways or the Deputy Director's designee. At the request of either party, the Department shall provide a forum for the discussion of the disputed matter(s). If agreement cannot be reached, either party may assert its other rights and remedies within this Agreement in a court of competent jurisdiction. ARTICLE 21 - WAIVER OF THE STATUTE OF LIMITATIONS Grantee waives the benefit of any statute of limitations affecting its liability under this Agreement or the enforcement of this Agreement to the extent permitted by law. ARTICLE 22 - NOTICES Notices required between the parties shall be deemed to have been given when mailed to the respective addresses listed in this Agreement, first class postage fully prepaid thereon, unless otherwise required by law. ARTICLE 23 - PRIOR TERMINATION The Agreement shall terminate on the date specified in Article 6 of this Agreement if by such date (1) the Grantee has not met all conditions precedent to disbursement under this Agreement or (2) if the Department has disbursed no part of the Grant funds. 15 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-23 Grant Agreement #C8963454 Exhibit A ARTICLE 24 - AUDIT In addition to the audit requirements specified in other sections of this Agreement, Grantee understands and agrees that, as a recipient of Federal Funds, it must comply with all applicable audit requirements imposed by federal law, regulations or policy, including but not limited to the Single Audit Act and the reporting requirements set forth in 2CFR200, Subpart F. ARTICLE 25 - IMPLEMENTATION OF PROJECT All contracts for the Project shall be awarded in accordance with all applicable laws and regulations. ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS Grantee shall comply with all applicable Federal laws, regulations, and policies, including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth. ARTICLE 27 - OUTSIDE SERVICES (NON -EXCLUSIVITY) DBW shall, at its sole discretion, have the right to obtain services relating to the subject and objectives of this Agreement outside the terms of this Agreement. ARTICLE 28 - STATUS REPORTS A. Brief, monthly status reports shall be submitted by the Grantee describing work carried out during the previous month and discussing progress toward the objective of the Project. Discussion of any problems, delays or other difficulties encountered in the Project progress shall also be included in the status reports. B. Status reports shall be submitted by email or letter as closely as possible to the first working day of each calendar month. ARTICLE 29 - MEETINGS Upon the request of DBW, the Grantee shall participate in joint meetings with representatives of DBW to review the Project status. These meetings shall be held at the Grantee's premises or in Sacramento at DBW headquarters at the discretion of the 16 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-24 Grant Agreement #C8963454 Exhibit A DBW Project Representative. ARTICLE 30 - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308) A. The approved budget for the Federal award summarizes the financial aspects of the Project or program as approved during the Federal Award process. It may include either the Federal and non -Federal share (see §200.43 Federal share) or only the Federal share, depending upon Federal awarding agency requirements. It must be related to performance for program evaluation purposes whenever appropriate. B. Recipients are required to report deviations from budget or Project Scope or objective and request prior approvals from Federal awarding agencies for budget and program plan revisions, in accordance with this section. C. Grantees must request prior written approval from DBW for any of the following deviations of the proposed workplan; as described in attached Exhibit B. 1. Change in the scope or the objective of the Project (even if there is no associated budget revision requiring prior written approval). 2. Change in a key person specified in the application. 3. The disengagement from the Project for more than three months, or a 25 percent reduction in time devoted to the Project. 4. The transfer of funds budgeted for tasks defined in the workplan budget. 5. Changes in the approved cost sharing or matching provided by the Grantee. 6. Need arises for additional funds to complete the Project. ARTICLE 31 - TERMS AND CONDITIONS This Agreement is subject to the terms and conditions in this Agreement and in Exhibits A, B, C, and D of this Agreement. ARTICLE 32 - MANDATORY DISCLOSURES The non -Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the 17 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-25 Grant Agreement #C8963454 Exhibit A remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321). ARTICLE 33 - GRANTEE IDENTIFICATION NUMBER Each Grantee who enters into an Agreement with the State of California must provide their Federal Employee Identification Number (FEIN), or Social Security Number (SSN), whichever is applicable. ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION Grantee shall comply with State and Federal Reportable Payment Identification and Classification Requirements by fully completing the "Vendor Data Record" Std. 204. By signing this Agreement, Grantee understands and agrees that if Grantee does not fully complete the "Vendor Data Record" the State shall reduce the total Grant amount by twenty-one percent (21 %) for federal backup withholding, and seven percent (7%) for state income tax withholding. ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing this Agreement, the Grantee affirms under penalty of perjury, that no more than one (1) final, unappealable finding of contempt of court by a federal court has been issued against the Grantee or any of its contractors within the immediately preceding two year period because of Grantee's failure to comply with an order of a federal court which ordered the Grantee to comply with an order of the National Labor Relations Board (California Public Contract Code §10296). ARTICLE 36 - INCORPORATION OF NONDISCRIMINATION CLAUSE The Grantee shall include the nondiscrimination clause and its compliance provisions into all contracts and subcontracts to perform work under this Agreement. ARTICLE 37 - STATEMENT OF COMPLIANCE By signing this Agreement, the Grantee certifies under penalty of perjury under the laws of the State of California, unless specifically exempted, that it has complied with California Government Code §12990 and the California Code of Regulations, Title 2, Division 4, Chapter 5, in matters relating to the development, implementation, and maintenance of a nondiscrimination program. 18 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-26 Grant Agreement #C8963454 Exhibit A ARTICLE 38 - NONDISCRIMINATION CLAUSE A. During the performance of this Agreement, the Grantee and all of its contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religion, national origin, physical handicap, disability (including, but not limited to HIV and AIDS), cancer related medical condition, age, or marital status. Grantee and all of its contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employees and applicants for employment are free from such discrimination and harassment. B. Grantee and all of its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code §12900, et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code §12990 (a -f) set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by reference, and made a part hereof as if set forth in full. Grantee and all of its contractors and subcontractors shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining or other Agreement. ARTICLE 39 - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award and related subawards and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712. B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712. m 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-27 Grant Agreement #C8963454 Exhibit A C. The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award. ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE Federally assisted construction Grants. The applicant (Grantee) hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a Grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such Grant, contract, loan, insurance, or guarantee, the following equal opportunity clauses: The Grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Granting officer setting forth the provisions of this nondiscrimination clause. 2. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 20 2.29.20 final CV Install, Op and Maint FRR Op and Maint Grant Agreement #C8963454 Exhibit A understanding, a notice to be provided by the agency Granting officer, advising the labor union or workers' representative of the Grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Grantee's non-compliance with the nondiscrimination clauses of this Grant or with any of such rules, regulations, or orders, this Grant may be canceled, terminated or suspended in whole or in part and the Grantee may be declared ineligible for further Government Grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Grantee will include the provisions of paragraphs (1) through (7) in every contract, subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor, subcontractor or vendor. The Grantee will take such action with respect to any contract, subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for 2] 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-29 Grant Agreement #C8963454 Exhibit A noncompliance: Provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. A. The applicant (Grantee) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant (Grantee) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Grant. B. The applicant (Grantee) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency (Department) in the discharge of the agency's primary responsibility for securing compliance. C. The applicant (Grantee) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction Grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant (Grantee) agrees that if it fails or refuses to comply with these undertakings, the administering agency (Department) may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the 22 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-30 Grant Agreement #C8963454 Exhibit A applicant (Grantee) under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant (Grantee); and refer the case to the Department of Justice for appropriate legal proceedings. Subcontracts. Each of Grantee's nonexempt prime contractors or subcontractors shall include the equal opportunity clause in each of its nonexempt subcontracts. A. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. B. Other incorporation, The equal opportunity clause shall be considered to be a part of every one of Grantee's contracts and subcontracts and all such contracts and subcontracts shall be deemed to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ARTICLE 41 - SUPERSEDING GENERAL TERMS AND CONDITIONS A. The reference to the Contractor in Exhibit C is the Grantee in this Agreement. B. Notwithstanding Paragraph 13 in Exhibit C, payment to Grantee for expenses shall be limited as specified in Article 7 of this Agreement. C. Paragraph 5 in Exhibit C is replaced by Article 18 of this Exhibit. 23 2.29.20 final CV Install, Op and Maint FRR Op and Maint 4-31 EXHIBIT B Grant Agreement #C8963454 City of Newport Beach FY2018/2019 CVA Pump -out Grant Scope and Cost Estimate Grantee: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Chris Miller, Public Works Director Ph: 949/644-3043 Site Details: The City of Newport Beach (City) owns, operates, and maintains five free public sewage pumpouts in Newport Harbor (Harbor). This area is a designated "NO -Discharge Zone" in Orange County. The Harbor contains 1200 residential docks, 1208 moorings, and approximately 2,300 slips in commercial recreational marinas. The publically accessible pumpouts are strategically located along routes to/from the Harbor entrance. Pumpouts are not manned and there are no fees. The City does not know the number of usages per pumpout, however, the City states that the five pumpouts cumulatively have logged 78 hours of use the last quarter (a non -busy boating quarter). The pumpouts are available 24 -hours a day, 7 -days a week. Current Status: All five pumpouts were installed with CVA funds over 7 years ago, reaching their expected useful life. The City states that all the pumpouts are showing signs of wear and strain despite replacing parts and continuous maintenance. The pumpouts are located on the public docks at the following locations: Location Qty Washington Street Public Pier 1 Fernando Street Public Pier 1 Balboa Yacht Basin 1 15th Street Pumpout Pier/American Legion 2 Each pumpout is connected to a public wastewater collection system Permits: Replacement only, none required Pump -Out Fees: None Project Scope: The Marina is requesting a replacement grant agreement in the amount of $79,705.57. The grant will partially pay for five new Peristaltic Pumping Systems, labor, installation, parts, and five Pumpout Monitoring Devices. Total estimated project cost is $106,274.10. The Marina states that no commercial or live - aboard vessels use the pumpouts; therefore, there is no proration. The total eligible project cost is $106,274.10. The labor costs of $5,651.50 plus an additional $20.917.03 cash match will satisfy the required 25% project match. Invoices, proof of payment, and signed time sheets noting hours worked toward this project and 4-32 EXHIBIT B Grant Agreement #08963454 direct pay rates including benefits are required to substantiate labor costs used toward the match requirement. Management, supervision, or administration by the grantee are not eligible costs for reimbursement. Each grant reimbursement request is subject to the 25% minimum match requirement. Cost Estimate Description Estimate 5 Replacement pumpouts, parts, 2 -year pumpout electronic monitoring 100,622.60 Installation costs labor and material 5,651.50 Total Project Costs 106,274.10 Less 0% proration for commercial use 0.00 Eligible Total Project Cost $106,274.10 Less required match 25% of Eligible Total Project Cost $26,568.53 Total Maximum Grant: $79,705.57 4-33 GTC 04/2017 EXHIBIT C GENERAL TERMS AND CONDITIONS Grant Agreement C8963454 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. Contractor may not commence performance until such approval has been obtained. 2. 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. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor 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. Contractor 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. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor 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). 5. INDEMNIFICATION: Contractor 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 Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor 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 Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 4-34 Grant Agreement C8963454 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § l 1105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 2 4-35 Grant Agreement C8963454 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor 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 3 4-36 Grant Agreement C8963454 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 contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract 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 Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract 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 contract 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).) 4 4-37 December 23, 2019 California State Parks Division of Boating and Waterways Boating Facilities Development and Financing Unit One Capitol Mall, Suite 500 Sacramento, CA 95814 Dear Mr. Kent and Ms. Fowler, Exhibit D C8963454 CITY OF NEWkRT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644.3311 1949 644-3020 FAX newport beach ca. gov Enclosed, you will find the City of Newport Beach's application for the Clean Vessel Act Grant. Below, you will find supplemental information in response to certain application questions: 13. Newport Harbor is one of the largest recreational harbors in Southern California, encompassing approx. 900 acres. Within the harbor there are: • 1,200 residential docks, which can accommodate vessels of varying sizes, 30 feet to 90 feet. • 1,208 moorings, which can accommodate vessels of varying sizes, 25 feet to 90 feet (average of 45 feet). * 60 commercial marinas with approximately 2,300 slips combined. Occupancy can be hard to calculate, given the number of slips, moorings and docks within Newport Harbor. However, we do have waiting lists for some of our slips and off -shore moorings. 14. Within the mooring and slip category mentioned previously, slips and moorings range between the following sizes: • 4 slips for a 20' — 25' vessel 219 slips/moorings for a 26' — 39' vessel 470 slips/moorings for a 40' — 64' vessel 31 slips/moorings for vessels over 65' 15. Given the size of Newport Harbor, it is very hard to calculate the amount of transient vessels. We have no metric to count the amount of visiting vessels to our harbor. MM Page 2 19. The following are the NOAA coordinates for the five City owned pumpout stations in Newport Harbor, which we seek financial assistance to replace. Attached, you shall find a map depicting the locations. • 15th Street Pumpout Pier/American Legion (Two pumpout stations) 0 33° 36' 30.15" N and 117' 55' 13.28" W • Fernando Street Public Pier D 33° 36' 18.88" N and 117° 54'08.93" W • Washington Street Public Pier o 33'36'11.76"N and 117'53'57.89"W • Balboa Yacht Basin (City of Newport Beach Marina) c:. 33036'34.44"N and 117"53'47.84"W 20. All five of our pumpouts are free to use and are open for use 24 hours a day, 365 days a year. We do not have a metric to calculate the number of users of each of our pumpouts, however, we do have hour meter readings that are submitted to us from our maintenance contractor after every quarterly inspection. Our 2019 quarterly average are as follows: • 15t41 Street Pumpout Pier/American Legion #1: 31 hours • 151h Street Pumpout Pier/American Legion #2: 19 hours • Fernando Street Public Pier Pumpout: 10 hours • Washington Street Public Pier Pumpout: 4 hours • Balboa Yacht Basin Pumpout: 14 hours Thank you for your time and consideration. Please contact me at cmiller : newportbeachca.gov or 949-644-3043 if you have any questions. Chris Miller Public Works Manager 4-39 ons `�� Newport Beach - Pump Out Stati•sr r` December 13, 2019 <{per OR, 4 �� STAP BEACH S 9L H1GHw4 Ar �� 5fi a�� is 4 o a z BASIN Q p yrA "°o OR f � NEWPORT DUNES LINDA eta - ti HARBOR LIDO - iSLAJVO PENINSULA H 414�1r O �NpORT LIDO} SAY 1..9CAN0 ISLE ISLAND NE W?oH / y PIER x r_ n y PACIFIC © 15th Street Pumpour Pier/American Legion (Two pumpout stations) © Balboa Yacht Basin (City of Newport Beach Marina) 0 Fernando Street Public Pier 0 Washington Street Public Pier OCEAN 0 09 sr B."Caur4 !S� J.& Lu �q�, "dR c� W PARI{ AVE z ¢ r 3 BALBOA ISLAND C%�'ANNE{ 6[ 1'O EAST 47, r FASHION 3 ISLAND �w P gyp` s O 40 O 0 p Gy O rn. Gtr �\O p THE z 4 wECcf m 9!G la CORONA � y m y H { CORO NBGiS 4-40 CALIFORNIA STATE PARKS DIVISION OF BOATING AND WATERWAYS (DBW) CLEAN VESSEL ACT GRANT APPLICATION Please provide the following information about your facility. The more complete and accurate the information, the stronger your application will be. Complete all sections and check all items that apply. This application may be used for pump out installation or operations and maintenance, dump stations, and operations and maintenance of floating restrooms. Return two full sets of the completed application to: California State Parks, Division of Boating and Waterways (DBW), Attn: Ron Kent, One Capitol Mall, Suite 500, Sacramento, CA 95814. This application must be approved by DBW with a fully executed grant agreementrip or to the purchase of any parts or work performed for which grantee may seek reimbursement. 2. 4. 6. 7. Applicant: City of Newport Beach Authorized Representative for Application Submission: Melanie Franceschini - Admin Analyst Name of Contact person: Chris Miller - Administrative Manager Telephone No :(949)144-3043 Fax No :( ) Email: cmiller@newportbeachca.gov Facility Name: City of Newport Beach - Marina Park Facility Address: 1600 W. Balboa Boulevard Newport Beach, CA 92663 Mailing Address (If Different): City of Newport Beach - Public Works Department 100 Civic Center Drive - Bay 2D, Newport Beach, CA 92660 Facility Ownership: Private Commercial Private Non -Profit X Public Agency Other: Facility Owner: City of Newport Beach Owner Address: 100 Civic Center Drive, Newport Beach, CA 92660 Water body facility is located on: (name of harbor, river, etc.) Newport Harbor County: Orange M 9. Facility's NOAA chart coordinates: Latitude: 33.607310 Longitude: -117.922141 10. Type of project: (check all that apply) Replacement/ New Construction ✓ Renovation Operation and Maintenance 11. Type of Facility: _Marina _Boatyard _Yacht Club Other: (describe) Public Pumpout Station 12. Describe this facility: ✓ Home Port ✓ Destination ✓ Stop -off for Tourists Off -Shore & On -Shore Residential 13. Number of: 184 Slips 1208 Moorings 1200 Bry Docks Up to 965 Guest Moorings (City managed) Occupancy rate See supplemental information 14. Number of boats by size: See supplemental information 201 to 25'-11" 261 to 39-11" 401 to 64'-11" over 65' visiting/ See supplemental 15. Estimate the average number of transient boats that use your facility each month: information 16. Number of live -aboard vessels (residential boats). 51 17. Pumpout service now at this site: V YES NO How Many? 5 existing pumpouts 18. Dump Station now at this site: —YES ✓ NO How Many? (for vessel "Porta Potties") 19. If you answered yes to Questions 17 or 18, give NOAA coordinates for each pumpout/dump station and check whether it is a pumpout (PO) or dump station (DS). If more than two, attach information on a separate sheet: See supplemental information (l.) Latitude: (2.) Latitude: Longitude: Longitude: PO DS PO DS — -----` 20. if you have a pumpout or dump station, estimate the number of users per month: Pumpout Station: see supplemental information Dump Station: N/A 21. Is this facility in a "No Discharge Zone"? (See Page 9) V/ YES NO Name of Zone: Newport Bay - 22. is this facility in the following areas (Check all that apply): N/A Shellfish Harvest Area Sheltered Waters Waters of National Significance Waters of Significant Recreational Value Waters that do not meet State Designated Usage State and Federal Designated Nursery Areas of Indigenous Aquatic Life 23. Are restrooms available on-site: YES V NO There are public restrooms available within 300 ft of our Washington Street Public Pier and within 800 ft of our 15th Street Pumpout Pier. 121 4-42 PROJECT PROFILE Please provide the following information on your proposed project. The more complete and accurate the information, the stronger your proposal will be. Complete all sections and check all items that apply. Describe the proposed project: The City of Newport Beach is seeking assistance to replace all of its aging pump -outs. Despite replacing aging parts and continual maintenance, the pumps are showing signs of wear and strain. This is also due in part to the constant use of the pumps, which are open and free for public use 24 hours a day, seven days a week. The City of Newport Beach wishes to maintain high water quality standards in Newport Harbor and improve the recreational boaters' ability to easily and properly discharge vessel waste. This is particularly important since Newport Harbor is host to a large amount of permanent and visitor vessels. The total approximate cost for replacing our five pumpouts is $106,274.10. The City of Newport Beach requests that the Department of Boating and Waterway award the Clean Vessel Act Grant for a pumpout replacement reimbursement in the amount of approximately $79,705.57, whereas the City will be responsible for approximately $26,568.53. 2. Intended Placement and Location of Pumpout/Dump Station Equipment (provide area map): Fuel Dock V Other Dock On Bulkhead Mobile Other (specify): Public Docks: Washington Street, Fernando Street Balboa Yacht Basin and two pumpouts at 15th Street/ American Legion 3. How many hours per day will the pumpout facilities be available to the public? 24 hours/day 4. Minimum water depth at proposed pumpout location. (Average minimum depth during boat season): 10 ft. Contents from boat holding tanks shall be discharged to: (>0 A public wastewater collection system. ( ) A holding tank whereby sewage may be safely stored until it is taken in an authorized manner to an approved treatment facility. ( ) Directly to an on-site septic system. Required: Submit documentation of approval from local health official certifying that sufficient sewage disposal capacity is available for the pumpout facility(ies). 6. Do you plan to charge for pumpout/dump station use? YES NO 7. If yes to Question 6, how much will you charge (note: Federal funding limits the fee to $5 maximum? $ N/A i;l 4-43 PARTNERSHIPS Partnerships with others such as a local government, private sector, or other community based organizations are encouraged. List all organizations who will be participating with you on the project, their contact person, address, phone number, and their role in the project. (Partnerships are groups/individuals who are providing financial assistance to the project either in cash, labor, or materials necessary to complete the proiect.) N/A l4 1 ME PERMITS The applicant is responsible for obtaining all necessary State and local permits associated with their proposed project. All necessary permits must be issued prior to beginning of construction and a copy of each permit must be on file with the DBW before any request for reimbursement will be approved. List those permits required for your project: 1. None. Pumpouts are already permited and the public docks are constructed and in use. 2. 3. 4. 5. 6. [51 4-45 Total $ 106,274.10 B. REQUIRED MATCH: Grant applicants must provide a minimum of 25% of the total project cost for the new construction, rehabilitation, or operation and maintenance of the pumpout and/or dump station facilities. The 25% match can be cash, labor (as demonstrated with invoices or signed time sheets), materials provided, or a combination thereof. S. Cash Amount $ 9. Value of any labor or materials you will provide. (Attach a detailed breakdown) $ 10. Other (Specify) $ 11. Total Match (Min of 25% of total project costs required) $ $26,56$.53 Total Project Cost $ 106,274.10 C. ATTACHMENTS: Attach a copy of all bids, estimates, and a description and value for any in-kind match (See #9 above) for this proposal. *Estimates are subject to change D. CERTIFICATION: I certify that I am the authorized representative for this organization, the above is true and correct, and I hereby submit this application for consideration for federal funding: re [61 ESTIMATED COSTS AND FUNDING A. ESTIMATED COSTS 1. Cost of Pumpout/Dump Station $ 100,622.60 2. installation Costs $ 5,651.50 3. Construction Costs $ 0 4. Engineering Costs $ 0 5. Permit Fees $ 0 6. Other Costs (Specify) $ 0 Total $ 106,274.10 B. REQUIRED MATCH: Grant applicants must provide a minimum of 25% of the total project cost for the new construction, rehabilitation, or operation and maintenance of the pumpout and/or dump station facilities. The 25% match can be cash, labor (as demonstrated with invoices or signed time sheets), materials provided, or a combination thereof. S. Cash Amount $ 9. Value of any labor or materials you will provide. (Attach a detailed breakdown) $ 10. Other (Specify) $ 11. Total Match (Min of 25% of total project costs required) $ $26,56$.53 Total Project Cost $ 106,274.10 C. ATTACHMENTS: Attach a copy of all bids, estimates, and a description and value for any in-kind match (See #9 above) for this proposal. *Estimates are subject to change D. CERTIFICATION: I certify that I am the authorized representative for this organization, the above is true and correct, and I hereby submit this application for consideration for federal funding: re [61 BEST MARINE SOLUTIONS CLEAN I GREEN 15AFE f SMART rtl 7v 9h'v 7a Newport Beach, City of Newport Beach, City of 3335 West Coastal Hwy. 3335 West Coastal Hwy. Newport Beach, CA, 92663 Newport Beach, CA, 92663 Quote Sales Person Date Created Valid until: Quote 71 Larry Elias 2019-10-22 16:20:37 2020-03-27 'IM . 1330 2otl St South 5.00 PWU PumpWatcher $2,632.00 $13,160.00 5.00 H-301-30 Hose assembly 30'Hose Assembly $395.00 $1,975.00 Website: www.bestmadnesoludons,com Total 30 - Includes 30 Foot 1 112 Inch suction hose & noala assembly 2.00 ST8201 Remote stanchion w/ push buttons $797.00 $1,594.00 SanlSailor Remote Stanchion-On/OFF push buttons Hose connection hose hanger 5.00 X4130 X490 pump -out systemSaniSailor $13,737.00 $68,685.00 Sentinel X 400 Permanent Pump -out System/ 40 GPM Motor 5 HP 5.00 X-400 KIT X-400 Rebuild Kit $1,135.00 $5,675.00 1.00 SHIP Shipping $1.520.00 $1,520.00 EMP Industries 1330 2otl St South St. Petersburg FL 33701 Subtotal: $92.609.00 Phone: 800-355-7867 Tax; $8,01160 Email: sales@empind.met Shipping: $0.00 Website: www.bestmadnesoludons,com Total $100,622.60 Terms: 50% Deposit, Balance Prior to Shipping,! Shipping is an estimate only. 1 ! L 4-47 Website: www.5outhMooring.com License # 957414 email; ablesouth@yahoo.com Harbor Department Attn. Chris Miller 100 Civic Center Dr. Newport Beach, CA 92660 Dear Chris South Mooring Company a division of Newport dredging Co. Inc. This is an estimate to install a new pump Washington Street Noel $ 800.00 2 helpers $ 280.00 Travel time S 40.00 Parts S 172.50 Total $1,292.50 Job will be out of service 1 days Sincerely, 7 Chuck South 949-645-0334 P.O. Box 528 Newport Beath, CA 92661 Direct: 949,645.0334 Fax: 949.645. 1041 Billing: 949.423.9823 August 28, 2019 IrV -.-'i Iii-W117�S''_St 1 Received by 1.8 i Office of the City Manager _' so Website: www_5outhMooring.com License # 957414 email: abiesouth@yahoo,com Harbor Department Attn. Chris Miller 100 Civic Center Dr. Newport Beach, CA 92660 Dear Chris A. L Irl South Mooring Company a dlvt5ion of Newport Dredging Co. Inc. This is an estimate to install a new pump Fernando Street Noel $ 800.00 2 helpers $ 280.00 Travel time $ 40.00 Parts S 172.50 Total $1,292.50 Job will be out of service l days Sincerely, Chuck South 949-645-0334 P0, Box 528 Newport Beach, CA 92661 Direct: 949.645.0334 Fax: 949.645.1041 Billing: 949.423.9823 August 28, 2019 ;lF NEwi'�I 3CZ"%CIri "Weium; 17y ) d *$ee ai the tNy M11t;t9pr a • i4Ht..i4 w wala.Sourh&loorfng.coi r F i I gnarl: aaiescuthkilyahoo.com Harbor Department Atte. Chris Miller 100 Civic Center Dr, Newport Beach, CA 92660 Dear Chris ;Outfi Mooring c �rrrpn�� This is an estimate to install a new pump at 15`h Street North pump Noel $ 600.00 2 helpers $ 280.00 Travel time $ 40.00 Parts T 92.00 Total $1,012.00 Job will be out of service 1 days Sincerely, ' Chuck South 949-645-0334 August 23, 2019 4-50 Website: www-5outhMooring.com License # 957414 arnail: ablesouth@yahoo.com Harbor Department Atte. Chris Miller 100 Civic Center Dr, Newport Beach, CA 92660 Dear Chris I 17' South Mooring Company a division or Newport Dredging Co. hic. This is an estimate to install a new pump at 15'h Street South pump Noel $ 600.00 2 helpers $ 280.00 Travel time $ 40.00 Pam 92.00 Total $1,012.00 Job will be out of service 1 days Sincerely, Chuck South 949-645-0334 P.O. Box 528 Newport Beach, CA 92661 Direct: 949.645.0334 Fax: 949.645.1041 Bifling: 949.423.9823 August 28, 2019 CITY OF NEWPORT BEACH Received try J.9 Office of the City Manager 4-51 Website - WIN. jouthiWormg.com 4 -J5 ',t' f Harbor depw went Attn. Chris Miller 100 Civic Center Dr. Newport Beach, CA 92660 Dear Chris i' South Mooring Company e '.livistun or Newport Dredging Co. Inc This is an estimate to install a new pump Balboa Basin Marina Noel $ 600.00 2 helpers $ 280.00 Travel time $ 70.00 Parts It 92.00 Total $ I,042.50 Job will be out of service l days Sincerely,,,,-. Chuck South 949-645-0334 fax: 9.49.515.1041 '01 i nc3: 944-423-4823 August 28, 2019 4-52 APPENDIX A TERMS AND CONDITIONS IN SUBMITTING THIS PROJECT PROPOSAL, THE APPLICANT HEREBY ACCEPTS THE TERMS AND CONDITIONS SET FORTH AS FOLLOWS: A. No construction of additional slips or additional on -shore facilities is authorized by this grant. B. The marine pumpout/dump station shall be used for the collection of boat sewage only. No bilge or oily waste shall be collected in the marine pumpout/dump station. C. Plans and specifications for the pumpout/dump facilities shall be submitted and approved (as required) to the local Health Department or Building Department prior to construction of the marine sewage pumpout/dump station and proof of such submission shall be submitted to DBW. D. Specifications for the pumpout equipment to be purchased under the grant must be submitted to the DBW for review and approval prior to construction start-up. E. The design of the project is the responsibility of the applicant. All necessary permits must be secured by said applicant, who is responsible for compliance with all permit requirements, state and local codes, and the inspection of the project to insure compliance of materials, products, and workmanship with the approved plans and specifications. Periodic inspections and a final acceptance visit shall be made by the DBW to insure funds are properly spent. These visits will not include design/engineering adequacy nor State and Local code compliance as these items are the responsibility of the installer. F'. Any changes to the approved grant work must be approved by the DBW prior to construction to be eligible for reimbursement. G. Three complete sets of the following documents must be supplied to the DBW before a request for reimbursement can be processed: I . A wet -signed reimbursement request (cover letter) on company letter head identifying the grant agreement number, reimbursement amount requested, match provided, time period and description of work performed, and project status. ?. An itemized statement of all project costs listing the amount spent on all permits, equipment, labor, or contractor or subcontractor. 3. One (1) copy of any permits required by applicable State and Local agencies. 4. Copies of all invoices, cancelled checks (proof of payment), and signed time sheets which identify work performed. [7] 4-53 H. The applicant will post signage that includes: 1. a standardized logo Pumpout/Dump Station sign which credits the U.S. Fish and Wildlife Service and the DBW; and 2. fees, restrictions, hours of operation, operating instructions, and a contact name and telephone number to call if the facility is inoperable. Unless otherwise stipulated in the grant agreement a maximum $5.00 fee may be charged for the use of the pumpout and dump stations constructed with grant funds. All fees collected for the use of grant funded pumpout or dump stations shall be used solely for the operation and maintenance costs of the equipment. J. The applicant agrees to operate and maintain the proposed project in good working order, inclusive of necessary supervision for the full term of the agreement. The minimum term shall be seven (7) years from the date of DBW acceptance or as otherwise stipulated in the vessel pumpout contract agreement, whichever is greater. K. If the applicant ceases to operate and maintain the completed project as pumpout/dump facility, or changes the integrity of the facility, grant funds paid by DBW shall be reimbursed to DBW by the applicant on a prorated basis. L. The applicant will: I. Hold the State of California and its officers and agents free from damages that may result from the construction of the project and use of the facility; Accomplish, without liability to the State of California, any alterations or relocations, as required for sewer, water supply, or any other utility facilities. M. All recreational vessels must have reasonable access to pumpout and dump station facilities funded under this grant program. Grant funded facilities shall continue to be accessible for the full term of the grant period. N. All pumpout and dump station facilities funded under this grant shall be OPEN AND AVArLABLE TO THE PUBLIC. OPEN AND AVAILABLE TO THE PUBLIC means that all recreational users shall have full and reasonable access to the pumpout/dump station for the purpose of sewage disposal. Fees shall be equal for all recreational pumpout users at a facility open and available to the public. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. C). All new and replacement pumpout systems shall be provided with a wireless, real time monitoring, data collection and reporting system. The monitoring system shall be factory installed by the pumpout manufacturer. The monitoring system shall be a (1) MarineSync [(888) 988 -SYNC (7962)], Model MS I - Plug & Play Package w/2 -Year Data Plan (p/n MSO 101.002); (2) PumpWatcher Co. [(727) 641-1936] Monitoring System #PW -RSI w/2 - Year Data Plan or approved equal. [8l 4-54 P. All new construction, renovation, and operation and maintenance grants shall be subject to periodic die testing for the term of the grant agreement. This testing may be performed by representatives of DBW and/or marina staff. The purpose of the testing is to identify any previously undetected issues in the pumpout system and related plumbing to shoreline facilities so they can be addressed promptly as to prevent waterbody pollution and possible fines that may be imposed by environmental agencies. PI 4-55 Appendix B "NO DISCHARGE AREAS" IN THE STATE OF CALIFORNIA Federal law prohibits the discharge of any vessel waste into the following waters: 1. LAKE TAHOE - PLACER AND EL DORADO COUNTY'S OF CALIFORNIA, WASHOE, STOREY, AND DOUGLAS COUNTY'S OF NEVADA 2. MISSION BAY - SAN DIEGO COUNTY 3. SAN DIEGO BAY - SAN DIEGO COUNTY (Less than 30 feet mean lower low water) 4. OCEANSIDE HARBOR - SAN DIEGO COUNTY 5. DANA POINT HARBOR - ORANGE COUNTY 6. UPPER AND LOWER NEWPORT BAY - ORANGE COUNTY 7. SUNSET AQUATIC PARK (SUNSET BAY) - ORANGE COUNTY (Inland of Pacific Coast Highway Bridge) 8. HUNTINGTON HARBOR - ORANGE COUNTY 9. CHANNEL ISLANDS HARBOR - VENTURA COUNTY 10. AVALON BAY HARBOR - LOS ANGELES COUNTY 11. RICHARDSON BAY HARBOR - MARIN COUNTY [ 10] 4-56 Appendix C Risk Assessment Questionnaire 1. History - List previous federally funded projects at your facility. Due to the nature of this grant application, we are only listing federally funded project regarding the Harbor: -Federal Channels Dredging Project with the U.S. Army Corps of Engineers -Department of Boating & Waterway: SAVE Grant, Clean Vessel Act Installation, Boating Infrastructure Grant 2. Staff - Describe level and qualifications of key staff that will be managing the federally funded project. Project will be overseen by City of Newport Beach Public Works Manager Chris Miller and will have the support of several administrative analysts. The City has extensive experience in the management of federally funded projects. After the completion of the projects, the pumpouts themselves will be managed by the Harbor Department personnel and will be inspected weekly by City staff and a 3rd party contractor. 3. Performance - Describe results of past federally funded projects. Include outcome of deliverables, if schedules were met and if scope items were completed as planned. Although the City of Newport Beach and the U.S. Army Corps of Engineers worked as partner for the Federal Channels Dredging Project, the Corps maintained management responsibility of the overall project. The City has successfully managed all DBW Grants. All projects have been completed successfully. 4. Reporting - Describe your agencies experience in providing project status reports to DBW in a timely manner. The City has received grants from the Department of Boating and Waterways in the past for Clean Vessel Act Installations, Boating Infrastructure Grant and the SAVE Grant program. The City complies with the reporting as required by each grant. 5. Audit History - Describe any adverse/disclaimer audit findings of your agency. Has your agency been found to have internal control issues or been found to be non-compliant with federally funded programs regulations. Include any requirement to submit an A-133 report to the Single Audit Clearing House. The City of Newport Beach has not been found to have any internal control issues not been found to be non-compliant with federally funded program regulations. 4-57 Appendix D Debarment and Suspension Certification Title 49, Code of Federal Regulations, Part 29 The Code of Federal Regulations requires that any recipient of federal funding (grantee, vendor, etc), must be free from department or suspension by any federal agency. Therefore, both the grantee and its vendors/supplies must certify as such. This certification must be provided by grantee when submitting the application for funding. Certification by vendors/suppliers is required prior to execution of grant agreement. Provide a signed statement on grantee letterhead certifying the following: "(Applicants Name and Title), under penalty of perjury, 1 certify that, except as noted below, (owner) or any other person associated therewith in the capacity of owner, partner, director, ogicer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntary excluded or determined ineligible by any federal agency within the past three (3) years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Signature Date " If there are any exceptions to this certification, attach to certification letter. For any exception noted in the attachment, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in the denial of award, but will be considered in determining bidder responsibility. The signed letter will become part of the Application. [12] December 23, 2019 California State Parks Division of Boating and Waterways Boating Facilities Development and Financing Unit One Capitol Mall, Suite 500 Sacramento, CA 95814 CITY OF !NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3001 f 949 644-3020 FAX newportbeachca.gov Grace Leung — City Manager, under penalty of perjury, certifies that the City or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: Is nor currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntary excluded or determined ineligible by any federal agency within the past three (3) years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Sign re Date 4-59 Department: Public Works Requestor: Angela Crespi City of Newport Beach BUDGET AMENDMENT 2020-21 ❑ CITY MANAGER'S APPROVAL ONLY 2 COUNCIL APPROVAL REQUIRED ONE TIME: ❑J Yes ❑ No BA#: 21-004 ATTACHMENT C Prepared by: WALID H46RPING Finance Director: Date O City Clerk: Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations for the Vessel Sewage Pumpouts Replacement ❑ from existing budget appropriations project from increased contributions from the State of California, Department of Parks and Recreation, Division of 0 from additional estimated revenues Boating and Waterways. ❑ from unappropriated fund balance Fund # Ora Ohient Prniact nacrrintinn Inrranca nr (narraaca) 1135 13501 431385 20H13_ CONTRIBUTIONS FUND CIP -DEPT OF BOATING & WATERW 79 705 57 I Y � 79,705.57 i : Fund # Or __ _ Object 4-60 Subtotal; $ 79,705.57 i EXPENDITURES Fund # Or __ _ Object Pro ect Description_ Increase or (Decrease) $ 13511 r-_- 3501 1980000 20H13 !CONTRIBUTIONS FUND CIP - CIP EXPENDITURES FOR GL 79 705.57 1 : i ....... .. L._.. Subtotal) $ - 79,705.57J; 4-60