HomeMy WebLinkAbout12 - Award of On -Call Vessel Removal, Storage and Disposal Services AgreementsQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 25, 2021
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Carol Jacobs, Assistant City Manager - 949-644-3313,
cjacobs@newportbeachca.gov
PREPARED BY: Melanie Franceschini, Administrative Analyst
mfranceschini@newportbeachca.gov
PHONE: 949-644-3028
TITLE: Award of On -Call Vessel Removal, Storage and Disposal Services
Agreements with Newport Dredging Company, Inc., Pacific Towing,
LLC, and Perry's Truck & Equipment Repair, LLC
ABSTRACT:
At the January 28, 2020 Council Meeting, the City Council accepted a grant from the State
of California (State) Division of Boating and Waterways for the Surrendered and
Abandoned Vessel Exchange (SAVE) Program. The funding provided by the grant
supplements existing City of Newport Beach (City) funds dedicated toward the removal
of abandoned or surrendered nuisance vessels in Newport Harbor. Staff recently issued
a Request for Proposals for the professional service of removing, storing and disposing
of these vessels and is requesting the City Council's approval to enter into three separate
on-call Professional Services Agreements with Newport Dredging Company, Inc., Pacific
Towing, LLC, and Perry's Truck & Equipment Repair, LLC.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve three separate on-call Professional Services Agreements with Newport
Dredging Company, Inc., Pacific Towing, LLC, and Perry's Truck & Equipment Repair,
LLC for vessel removal, storage and disposal services at a not -to -exceed amount of
$120,000 per agreement, and authorize the Mayor and City Clerk to execute the
agreements.
DISCUSSION:
The Surrendered and Abandoned Vessel Exchange (SAVE) grant is a combination of
State grant funds for the Abandoned Watercraft Abatement Fund (AWAF) and the Vessel
Turn -In Program (VTIP). This program is administered by the State's Department of Parks
and Recreation's Division of Boating and Waterways.
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Award of On -Call Vessel Removal, Storage and Disposal Services Agreements with
Newport Dredging Company, Inc., Pacific Towing, LLC, and
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May 25, 2021
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The City currently has an active SAVE Grant award, totaling $175,000. This grant is set
to expire on September 30, 2021. The City has recently applied for a new grant for an
additional $175,000. Awards are expected to be announced toward the end of this
calendar year. A new requirement of the award calls for the City to submit copies of its
contracts for vessel removal, storage and disposal services to the State.
The SAVE Grant supplements current Capital Improvement Program (CIP) funds for
abandoned vessel abatement and allows for the City to process and demolish vessels.
The grant reimburses the City 90 percent of the invoiced amount for the removal and
destruction of abandoned and surrendered vessels. Per the agreement, the City must
contribute the remaining 10 percent of the invoiced amount.
The City currently has over 25 vessels on a waiting list under the VTIP component of this
grant. No longer desired by their owners, these vessels are in line to be removed from
the harbor and demolished. The City does not have the capability to perform the removal
and demolition of these vessels. This service is provided through on-call agreements with
vessel removal and demolition providers. Staff has already expended most of the
not -to -exceed limits for each of these agreements due to the vessel destructions
requested through the prior SAVE Grant, which concluded in August of 2019, and the
current SAVE Grant. Therefore, in order to continue expeditiously processing and
demolishing vessels, staff is requesting approval of three separate on-call Professional
Services Agreements with Newport Dredging Company, Inc., Pacific Towing, LLC, and
Perry's Truck & Equipment Repair, LLC for vessel removal, storage and disposal services
at a not -to -exceed amount of $120,000 per agreement. The requested term for each of
these agreements is a little over three years, with an expiration date of September 30,
2023, which aligns with the State's SAVE Grant expiration date, should the City be
awarded additional funding.
The City's existing practice is to informally receive a letter proposal or quote for each
vessel's removal and demolition from the vendors under contract. The lowest cost
proposal is awarded the demolition. Each demolition varies in price due to vessel size
and the materials that need to be destroyed. By awarding the three separate on-call
Professional Services Agreements, the City can continue bidding out each vessel for
demolition and spending the lowest amount possible for the destruction of each vessel.
This ensures the State's SAVE Grant funds are spent in a fiscally responsible manner.
RFP No. 21-21 was published on October 28, 2020 and closed on November 19, 2020.
Three proposals were received and evaluated based on the following criteria:
• The contractor's qualifications, experience, subject matter expertise and ability to
provide vessel removal, storage and disposal services, particularly for government
agencies and/or maritime clients; and
• Proposed project costs.
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An evaluation panel, consisting of three staff members, reviewed and rated each
proposer's technical qualifications using the metrics described above. All three of the
proposals earned the minimum of 70% of the Technical Score in order to advance in the
selection process to have their costs reviewed, as described in the RFP. The following
table illustrates the results of the evaluation process:
Proposer
Technical
Cost Ratio
Total
Overall
Score 60
Score 40
Score
Rank
Newport Dredging
51.67
40
91.67
1
Company, Inc.
Pacific Towing, LLC
51.67
40
91.67
1
Perry's Truck & Equipment
45
40
85
2
Repair, LLC
Upon completion of these evaluations and rankings, the Harbor Department requests
approval to enter into three separate On -Call Vessel Removal, Storage and Disposal
Services Agreements. The first agreement will be with Newport Dredging Company, Inc.
dba South Mooring Company (Attachment A), the second agreement will be with Pacific
Towing, LLC dba Vessel Assist Newport (Attachment B), and the third agreement will be
with Perry's Truck & Equipment Repair, LLC dba Ravenbear Disposal (Attachment C).
FISCAL IMPACT:
The adopted budget includes sufficient funding for these on-call agreements. Services
provided by these agreements will be expensed to the Tidelands Capital Fund 18H11 (the
City's 10% contribution) and the State's SAVE Grant project account 20H11 (90% grant
contribution).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
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Award of On -Call Vessel Removal, Storage and Disposal Services Agreements with
Newport Dredging Company, Inc., Pacific Towing, LLC, and
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May 25, 2021
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ATTACHMENTS:
Attachment A — Professional Services Agreement with Newport Dredging Company, Inc.
Attachment B — Professional Services Agreement with Pacific Towing, LLC
Attachment C — Professional Services Agreement with Perry's Truck & Equipment
Repair, LLC
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ATTACHMENT A
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH NEWPORT DREDGING COMPANY INC. DBA SOUTH MOORING CO FOR
VESSEL REMOVAL, STORAGE AND DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 25th day of May, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and NEWPORT DREDGING COMPANY INC., a California corporation doing
business as SOUTH MOORING CO ("Consultant"), whose address is 1730 Pomona
Avenue, Suite 11, Costa Mesa, California 92627, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide vessel removal, storage, and disposal
services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided,
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2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
2.3 All Services shall be provided in accordance with the terms and conditions
set forth in the State of California — Natural Resources Agency Department of Parks and
Recreation Division of Boating and Waterways Grant Agreement, Surrendered and
Abandoned Vessel Exchange (SAVE -19), Grant No. C1 9S0608, with an effective date of
February 19, 2020, or any supplement or amendment thereto, as administered by the City
("Grant Agreement"). A copy of the Grant Agreement is incorporated herewith by
reference and attached hereto as Exhibit D.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
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4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charles South to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
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5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless the State of California, the County of Orange, the City, their respective
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legislative bodies, councils, supervisors, departments, boards, committees, and
commissions, divisions, subdivisions, grantees, and subgrantees, officers, agents,
volunteers, employees and any person or entity acting on behalf thereof on in concert
therewith (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City, the County of Orange, or the State
of California. The manner and means of conducting the Work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. No civil service status or other right of employment
shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Consultant or any of Consultant's employees or agents, to be
the agents or employees of City. Consultant shall have the responsibility for and control
over the means of performing the Work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance of the Work or to exercise
a measure of control over Consultant shall mean only that Consultant shall follow the
desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
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under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Charles South
Newport Dredging Company Inc. DBA South Mooring Co
1730 Pomona Avenue, Suite 11
Costa Mesa, CA 92627
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. MEDIA MATERIALS RELEASE
28.1 Consultant agrees to irrevocably grant to California State Parks, Division of
Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred
to as "DBW'), the non- exclusive, royalty -free, perpetual and worldwide right and
permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display
the photographs, motion pictures, caption information, and/or written quotes (hereinafter
referred to collectively as "Photographs"), that the Consultant or City has submitted to
DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational
programs, or any other lawful purpose whatsoever, in any and all media. In connection
with the foregoing license, the Consultant and City agree not to use, reproduce, adapt, or
display the Photographs, or allow others to do so, in a manner that tends to subject DBW
or its AWAF, VTIP and/ or SAVE programs to ridicule, disparagement, mockery, satire,
or that could tarnish the image of the DBWs AWAF, VTIP, and/ or SAVE programs.
Consultant hereby releases and discharges DBW from any and all claims and demands
arising out of or in connection with the use of the Photographs, including without
limitations, any and all claims for libel, defamation, invasion of privacy, and/ or publicity
rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of
same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.
28.2 Consultant also grants DBW and its licensees the unrestricted right to use
and disclose its name in connection with use of the Photographs. Consultant understands
that it will not be paid for any use or right granted herein.
28.3 Consultant understands and agrees that the Photographs may be used in
whole or in part, at any time. The license granted herein to DBW includes the right and
permission to conduct or have conducted such alterations to the Photographs as DBW
deems necessary. Consultant releases and discharges DBW and agrees to indemnify
and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration,
optical illusion or use in composite form, loss or damage, whether intentional or otherwise,
that may occur in the use of the Photographs. Consultant waives any right to inspect or
approve any finished product, advertising or other copy that may be used in connection
therewith or the use to which it may be applied.
Newport Dredging Company Inc. DBA South Mooring Co Page 10
12-14
28.4 Consultant declares and avows that any Photographs it is submitting to
DBW, if any, are its own original work in all respects. Consultant is the sole and exclusive
owner of said Photographs; they are free, clear, and unencumbered. No part of them is
taken from or based on any other work; no part infringes the copyright or any other right
of any person; and the reproduction, publication, exhibition, or any other use by DBW of
said Photographs in any form whatever will not in any way, directly or indirectly, infringe
on the rights of any person. Consultant agrees to indemnify and hold DBW harmless from
and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments,
amounts paid in settlement, penalties, and expenses that may be obtained against,
imposed on, or suffered by DBW by reason of (1) any violation or infringement of any
proprietary right or copyright; or (2) any libelous or unlawful matter contained in the
Photographs. Consultant also agrees to indemnify and hold DBW harmless for any such
amounts arising from its breach of any covenant, representation, or warranty of this
agreement.
29. ANTITRUST CLAIMS
29.1 Consultant, by signing this Agreement hereby certifies that if its services or
goods are obtained by means of a competitive bid, the Consultant shall comply with the
requirements of the Government Codes Sections set out below.
29.1.1 The Government Code Chapter on Antitrust claims contains the
following definitions:
29.1.1.1 "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.
29.1.1.2 "Public purchasing body" means the State or the
subdivision or agency making a public purchase. Government Code
Section 4550.
29.1.2 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.
29.1.3 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
Newport Dredging Company Inc. DBA South Mooring Co Page 11
12-15
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.
29.1.4 In the case that Consultant assigns to the City, 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.
30. CHILD SUPPORT COMPLIANCE ACT
30.1 Consultant acknowledges in accordance with Public Contract Code 7110,
that:
30.1.1 The Consultant recognizes the importance of child and family
support obligations and shall fully comply with all applicable state and federal laws relating
to child and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
30.1.2 The Consultant, 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.
31. LOSS LEADER
31.1 If this Agreement involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss leader"
as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
32. AIR OR WATER POLLUTION VIOLATION
32.1 Consultant warrants that it is not: (1) in violation of any order or resolution
not subject to review promulgated by the State Air Resources Board or an air pollution
control district; (2) subject to cease and desist order not subject to review issued pursuant
to Section 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or (3) finally determined to be in violation of provisions of federal
law relating to air or water pollution.
33. STANDARD PROVISIONS
33.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
Newport Dredging Company Inc. DBA South Mooring Co Page 12
12-16
33.2 Compliance with all Laws.
33.2.1 Consultant shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted. In
addition, all Work prepared by Consultant shall conform to applicable City, county, state
and federal laws, rules, regulations and permit requirements and be subject to approval
of the Project Administrator and City.
33.2.2 Consultant and its subcontractor(s) shall comply with all applicable
laws and regulations of the State of California for all work to be performed under this
Agreement. By signing this Agreement, Consultant certifies its compliance and the
compliance of all subcontractors with: (a) applicable provisions of the California
Environmental Quality Act; (b) Nondiscrimination Program requirements of Government
Code section 12990 (a -f) and Title 2, California Code of Regulations, section 8103 (and
section 8113 in contracts over $ 5,000) along with section 7285 et. seq. of the Fair
Employment and Housing Act; (c) Drug -Free Workplace requirement of Government
Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public
Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and, (f) Americans with Disabilities Act regulations issued pursuant to 42
U. S. C. section 12101 et seq.
33.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
33.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
33.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
33.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
33.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
Newport Dredging Company Inc. DBA South Mooring Co Page 13
12-17
33.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
33.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
33.10 Equal Opportunity Employment.
33.10.1 Consultant represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee or applicant for
employment because race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, sexual orientation, age or any other
impermissible basis under law.
33.10.2 Consultant warrants that it complies with the Americans with
Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U. S. C.
12101 et seq.)
33.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
33.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Newport Dredging Company Inc. DBA South Mooring Co Page 14
12-18
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i Z t
A on C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Newport Dredging
Company Inc., a California corporation
doing business as South Mooring Co
Date-
By-
Charles
ate:
By:Charles South
Chief Executive Officer 1 Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D - Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE -19), Grant No. C19S0608, with an effective date
of February 19, 2020
Newport Dredging Company Inc. DBA South Mooring Co Page 16
12-19
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide services related to the removal and disposal of
surrendered and abandoned vessels. Consultant shall be responsible for deploying and
storing any vessels or equipment related to the delivery of these services.
Services in the performance of removal and/or disposal of vessels may include, but
are not necessarily limited to:
1. Raising of submerged vessels and/or hazardous marine debris;
2. Vessel and/or hazardous marine debris removal from accessible locations;
3. Hazardous materials ("Hazmat") removal and disposal;
4. Towing; and
5. Salvage and demolition.
All vessel removals and/or disposals of vessels shall be in accordance with the terms
and conditions set forth in the State of California — Natural Resources Agency Department
of Parks and Recreation Division of Boating and Waterways Grant Agreement,
Surrendered and Abandoned Vessel Exchange (SAVE -19), Grant No. C19S0608, with
an effective date of February 19, 2020, as administered by the City, attached to this
Agreement as Exhibit D.
Consultant shall comply with all local, state and federal laws and provisions in the
proper removal and/or disposal of vessels. Consultant shall be responsible for ensuring
that all rules and regulations pertaining to the salvage and demolition of all materials
resulting from the Consultant's disposal of a vessel (or hazardous marine debris) are
followed.
Pursuant to Section 6 of the Grant Agreement, as defined herein, Consultant shall be
responsible for securing any necessary or prudent studies, permits, or authorizations
associated with treatment, removal, storage, or any other handling of hazardous
substances including, but not limited to, toxic waste, petroleum waste, asbestos, and
similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement. Consultant shall be responsible for the proper and lawful handling,
abatement, removal, storage, and/or disposal of any hazardous substances encountered
in the execution of this Agreement.
The location of work to be performed shall be designated by the City and may vary
with each service request.
Newport Dredging Company Inc. DBA South Mooring Co Page A-1 12-20
PROJECT ADMINISTRATION
On-call agreements do not guarantee or imply any specific quantity of work over the
proposed contract period. When the need for services arises, the City shall request the
necessary services required in adequate detail. Contractor shall then provide a detailed
Letter Proposal for Services requested by the City, as set forth in Section 2 of this
Agreement.
Letter Proposals to the City shall include the following:
• Contact name and address of the City of Newport Beach
• Contract and Invoice Number
• Detailed description of the Service to be performed
• Date the Service shall be performed
• Location of each Service to be performed
• Vessel name, CF # or HIN# if available
• Description of Vessel
City shall assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those to be provided. No Services shall be provided until the City
has provided written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties listed in the approved Letter Proposal
Newport Dredging Company Inc. DBA South Mooring Co Page A-2 12-21
EXHIBIT B
SCHEDULE OF BILLING RATES
Marine Debris Cleanup
SERVICE
BILLING RATE
Barge and 2 personnel
$385
per hour
Extra personnel, each
$100
per hour
Trucking
$125
per hour
Dump fee
$150
perton
Vessels — Steel
$200
per foot
Boat Demolition
SERVICE
BILLING RATE
Barge and 2 personnel
$385
per hour
Extra personnel, each
$100
per hour
Fuel/oil disposal
$15 per gallon
Diver
$150
per hour
Trucking
$125
per hour
Dump fee
$150
per ton
Storage fee
$100
per da
Newport Dredging Company Inc. DBA South Mooring Co Page B-1 12-22
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code. The insurer waives any right of recovery the insurer may
have against the State of California because of payments the insurer makes
for injury or damage arising out of the work done under any City contract
with the State of California (e.g.: the Grant Agreement, as defined herein).
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement. A Waiver of Subrogation or Right to Recover endorsement in
favor of the State of California must be attached to the certificate.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury and property damage liability combined with a
two million dollars ($2,000,000) annual policy general aggregate. The
policy shall cover liability arising from premises, operations, independent
Newport Dredging Company Inc. DBA South Mooring Co Page C-1 12-23
subcontractors, products, completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business contract). This insurance shall
apply separately to each insured against whom claim is made or suit is
brought subject to the Consultant's limit of liability. The policy must include:
The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
Agreement.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Watercraft Liability Insurance. Consultant shall maintain watercraft
lability insurance with limits not less than $1,000,000 combined single limit
per accident. Such insurance shall cover liability arising out of the
maintenance and use of any watercraft (owned, hired, or non -owned). The
policy must include: The State of California, its officers, agents, employees,
and servants as additional insureds, but only with respect to work performed
that is connected with or related to the activities contemplated in this
Agreement.
E. U.S. Longshoremen's and Harbor Workers' Compensation Act Insurance.
Consultant shall provide coverage for all its employees for any injuries or
claims under the U.S. Longshoremen's and Harbor Workers' Compensation
Act, the Jones Act, or under laws, regulations, or statutes applicable to
maritime employees. By signing this Agreement, Consultant acknowledges
compliance with these regulations.
F. Environmental / Pollution Liability. Consultant shall maintain Pollution
Liability limits for not less than $1,000,000 per occurrence covering the
Consultant's liability for bodily injury, property damage and environmental
damage resulting from pollution and related cleanup costs incurred from or
arising out of the work or services to be performed under this Agreement.
The policy must include: The State of California, its officers, agents,
employees and servants as additional insureds, but only with respect to
work performed under the Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
Newport Dredging Company Inc. DBA South Mooring Cc Page C-2 12-24
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
Newport Dredging Company Inc. DBA South Mooring Co Page C-3 12-25
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
Newport Dredging Company Inc. DBA South Mooring Co Page C-4 12-26
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Newport Dredging Company Inc. DBA South Mooring Co Page C-5 12-27
EXHIBIT D
Surrendered and Abandoned Vessel Exchange (SAVE -19)
Grant No. C19S0608, February 19, 2020
Newport Dredging Company Inc. DBA South Mooring Co Page D-1 12.28
Department or Parks and Recreation
Accounting Sen•iees Section
CERTIFICATE OF FUNDING FEB 2 4 2020
(FOR STATE USE ONLY)
GRANTEE: City of Newport Beach
GRANT TITLE. FY 2019120 Surrendered and Abandoned Vessel Exchange (SAVE)
GRANT AMOUNT: $175,000.00
GRANT NUMBER: C19SO608
GRANT TERM: Effective: Date Fully Executed* through September 30, 2021
FULLY EXECUTED: To be advised
CONTRACT NO
AMENDMENT NO
SUPPLIER V
PROJECT NO
137900THER
C19SO608
0000011771
AMOUNT
FUND DESCRIPTION
AGENCY BILLING CODE NO
ENCUMBERED BY
Abandoned Watercraft Abatement Fund (SAVE -19)
053706
THIS DOCUMENT
$175,000.00
REPORTING
Approp. Ref. Fund
CHAPTER
STATUTE
FISCAL YEAR
STRUCTURE
3790-101-0577
23
2019
2019120
37900709
BUSINESS UNIT
INDEX
PROGRAM
ACTIVITY CODE
ACCOUNT
3790
tMA `l,7%TA'
2655023
69990
5432000
T_B,A. NO
t hereby certify upon my awn personal knowledge that the budgeted funds are available for this
encumbrance.
B.R.NO
ACCOUNTING OFFICER'S SI —
DATE
3 2,0
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vesset Exchange (SAVE) Fiscal Year 2019/2020. ❑ate: 1212012019 Page: 2 of 37
12-29
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D,
E. F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: 1--r
Printed Name: ur3Ce Yv Lp-unj
Trice of Authorized
Representative:
Date: Z -13 -ZOZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager It
Date Z! 1011-�p W
��
APPROVED AS TO FORM: C
CITY ATTORNFIETE5 FFICE
Attast;
Date: 02-1 's Za `' n �2 ..
Leilani 1. Brown;MMC, City Clerk
Fos: Aaron C. Harp, City Attorney Date_
wo z•IS•ty
Contract # C1930608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020. Date: 1212012019 Page: 1 of 37
12-30
State of California — Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE:
City of Newport Beach
GRANT TITLE:
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE -19)
GRANT AMOUNT:
$175,000.00
GRANT NUMBER:
C19SO608
GRANT TERM:
Effective: Date Fully Executed* through September 30, 2021
FULLY EXECUTED:
To be advised
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D,
E. F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: 1--r
Printed Name: ur3Ce Yv Lp-unj
Trice of Authorized
Representative:
Date: Z -13 -ZOZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager It
Date Z! 1011-�p W
��
APPROVED AS TO FORM: C
CITY ATTORNFIETE5 FFICE
Attast;
Date: 02-1 's Za `' n �2 ..
Leilani 1. Brown;MMC, City Clerk
Fos: Aaron C. Harp, City Attorney Date_
wo z•IS•ty
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STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
EXHIBIT A
SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2019120
AUTHORIZED GRANT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Newport Beach
State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
City of Newport Beach
Name: Ron Kent
Grantee Representative': Melanie Franceschini
Title: Program Administrator
Title: Administrative Analyst
Address:
One Capitol Mall, Suite 500
Sacramento, CA 95814
Address:
100 Civic Center Drive,
Newport Beach, CA 92627
Phone: (916) 327-1825
Phone: (949) 6443028
Fax:
Fax:
Email: ron.kent@parks.ca.gov
Email: mfranceschini@newportbeachca.gov
Grantee representative information may only be changed by giving 30 days written notice to DBW.
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EXHIBIT B
Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program
NEEDS AND OBJECTIVES OF DBW
Pursuant to its authority under Harbors and Navigation Code section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof,
or any other partially submerged objects (hereinafter "eligible water hazards") which
pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the
Questionnaire, found in Exhibit A.
b. Pursuant to its authority under Harbors and Navigation Code Section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of surrendered vessels, or parts thereof, which are in danger of
being abandoned and has a likelihood of causing environmental degradation or
becoming a hazard to navigation within Grantee's jurisdiction as specified according
to the Grantee's Work Plan, found in Exhibit A.
2_ WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL
The funds provided under this Agreement shall be used for the combined purposes of
Surrendered and Abandoned Vessels Exchange (SAVE) as follows:
a. Abatement, removal, storage and/or disposal of eligible Marine Debris. For
purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code
section 522(a):
"Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk,
beached, or allowed to remain in an unseaworthy or dilapidated condition upon
publicly owned submerged lands, salt marsh, or tidelands within the corporate limits
of any municipal corporation or other public corporation or entity having jurisdiction or
control over those lands, without its consent expressed by resolution of its legislative
body, for a period longer than 30 days without a watchman or other person being
maintained upon or near and in charge of the property, is abandoned property".
Harbors and Navigation Code, Section 525 (1)(A):
"...the Abandoned Watercraft Abatement Fund, which is hereby created as a special
fund. Moneys in the fund shall be used exclusively, upon appropriation by the
Legislature, for grants to be awarded by the department to local agencies for the
abatement, removal, storage, and disposal as public nuisances of any abandoned
property as described in Section 522 or for the disposal of surrendered vessels as
defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any
other partially submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property or private property with the
landowner's consent.
Harbors and Navigation Code, Section 550 (B):
" "Marine Debris" is a vessel or part of a vessel, including a derelict, wreck, hulk, or
part of any ship or other watercraft or dilapidated vessel. That is unseaworthy and not
reasonably fir or capable of being made fit to be used as a means of transportation
by water."
b. The funds provided under this Agreement shall not be utilized for abatement,
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removal, storage, or disposal of commercial vessels. Commercial vessels include
those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
C. If Grantee is reimbursed for the costs related to the abatement, removal, storage,
and/or disposal of an eligible water hazard by the registered or legal owner or other
person or entity known to have an interest in the water hazard, then the water hazard
shall no longer be eligible for funding under this Agreement. Grantee shall notify
DBW in writing of such reimbursement and shall return all funds disbursed by DBW
to Grantee with respect to such water hazard immediately.
d. Abatement, removal, storage and disposal of eligible surrendered vessels. For
purposes of this Agreement, "surrendered" is defined in Harbors and Navigation
Code section 526.1(a):
e. "'surrendered vessel' means a recreational vessel that the verified titleholder has
willingly surrendered to a willing agency under both of the following conditions:
(1) The public agency has determined in its sole discretion that the vessel is in
danger of being abandoned, and therefore has a likelihood of causing
environmental degradation or becoming a hazard to navigation.
(2) The decision to accept a vessel is based solely on the potential of the
vessel to likely be abandoned and cause environmental degradation or
become a hazard to navigation."
f. The funds provided under this Agreement shall not be utilized for surrender,
abatement, removal, storage, or disposal of commercial vessels. Commercial vessels
include those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
g. If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal
of a surrendered vessel by the registered or legal owner or other person or entity
known to have an interest in the vessel, then the vessel shall no longer be eligible for
funding under this Agreement. Grantee shall notify DBW in writing of such
reimbursement and shall return all funds disbursed by DBW to Grantee with respect
to such vessel immediately.
3. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to
inspect any site where Grantee or its subcontractors are performing work under this
Agreement.
4. ANNUAL MEETING
Grantee's representative or alternate shall participate in an annual one -day video or phone
conference conducted by DBW during the term of this agreement. Should the Grantee or
representative be unable to attend the meeting and cannot provide a substitute from the
agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend.
DBW must grant approval in writing in order for the Grantee not to be in breach of this
Agreement for failure to attend.
5. ACTIVITYMON ACTIVITY: REPORTING REQUIREMENTS
a. Grantee shall provide quarterly reports to DBW describing the status of existing
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issues known, pending, or in progress.
b. Lack of quarterly reporting and/or removal activity within any twelve month period
during the term of this agreement is subject to possible revocation of grant.
6. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or
authorizations associated with treatment, removal, storage, or any other handling of
hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos,
and similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement.
Grantee shall be responsible for the proper and lawful handling, abatement, removal,
storage, and/or disposal of any hazardous substances encountered in the execution of this
Agreement.
7_ TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the
Harbors and Navigation Code regarding notices, hearings and liens in the
performance of this Agreement. Grantee (in conjunction with local law enforcement)
shall conduct a title search for all vessels presumed to be abandoned, as provided by
Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
and Navigation Code section 526.1 in the performance of this Agreement, requiring
that a surrendered vessel be that of the "verified titleholder."
8. MEDIA
Grantee agrees to acknowledge DBW's financial support whenever work funded by this
Agreement is publicized in any news media, brochures, or other type of promotional material.
9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"),
the non-exclusive, royalty -free, perpetual and worldwide right and permission to use,
reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs,
motion pictures, caption information, and/or written quotes (hereinafter referred to collectively
as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising,
marketing, trade, broadcast, print, educational programs, or any other lawful purpose
whatsoever, in any and all media. In connection with the foregoing license, the Grantee
agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in
a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule,
disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP,
and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all
claims and demands arising out of or in connection with the use of the Photographs,
including without limitations, any and all claims for libel, defamation, invasion of privacy,
and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or
for the use of same. DBW may sell, assign, license, or transfer all rights granted to it
hereunder.
Grantee also grants DBW and its licensees the unrestricted right to use and disclose its
name in connection with use of the Photographs. The Grantee understands that it will not be
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paid for any use or right granted herein_
The Grantee understands and agrees that the Photographs may be used in whole or in part,
at any time. The license granted herein to DBW includes the right and permission to conduct
or have conducted such alterations to the Photographs as DBW deems necessary. Grantee
releases and discharges DBW and agrees to indemnify and hold DBW harmless from any
liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form,
loss or damage, whether intentional or otherwise, that may occur in the use of the
Photographs. The Grantee waives any right to inspect or approve any finished product,
advertising or other copy that may be used in connection therewith or the use to which it may
be applied.
The Grantee declares and avows that the Photographs it is submitting to DBW are its own
original work in all respects. The Grantee is the sole and exclusive owner of the
Photographs; they are free, clear, and unencumbered. No part of them is taken from or
based on any other work; no part infringes the copyright or any other right of any person; and
the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any
form whatever will not in any way, directly or indirectly, infringe on the rights of any person.
The Grantee agrees to indemnify and hold DBW harmless from and against any and all loss,
damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement,
penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by
reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any
libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify
and hold DBW harmless for any such amounts arising from its breach of any covenant,
representation, or warranty of this agreement_
10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel,
the Grantee shall obtain all necessary permits, authorizations, and documentation
necessitated by any applicable provision of law.
11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive
bidding process when awarding subcontracts to marine salvage companies under this
Agreement.
12. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all
of its contractors and subcontractors holds a valid business license and carries general
commercial liability insurance coverage sufficient to fully insure against any and all risks of
hazardous activities associated with the work to be performed under this Agreement; and
Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these
requirements, that Grantee itself carries general commercial liability insurance coverage
sufficient to fully insure against any and all risks of hazardous activities associated with the
work to be performed under this Agreement, whether performed by the Grantee, Grantee's
contractor(s), or Grantee's subcontractor(s). Grantee shall provide DBW with a certificate of
insurance from any contractor(s) and subcontractor(s) prior to the commencement of any
work under this Agreement.
13. TRAFFIC CONTROL AND TRAFFIC SAFETY
The Grantee shall provide for adequate traffic control and safety measures at any site where
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Grantee and its subcontractors will perform any work under this Agreement.
14. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject
to any cease and desist order not subject to review issued pursuant to Water Code section
13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
15 ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are
expressly incorporated herein. No amendment or variation of the terms of this Agreement
shall be valid unless made in writing, signed by the parties and approved as required.
16. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Commencement of
performance prior to approval of this Agreement will be at the Grantee's own risk.
17. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT
There are no Disabled Veteran Business Enterprise participation requirements with this
agreement.
18. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.
Grantee may provide a delegation of contracting authority from its local governing body that
by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution,
order, motion, or ordinance of its local governing body that by law has authority to contract,
authorizing execution of this Agreement.
19. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the
State of California for all work to be performed under this Agreement. By signing this
Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination
Program requirements of Government Code section 12990 (a -f) and Title 2, California Code
of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section
7285 et. seq. of the Fair Employment and Housing Act; (c) Drug -Free Workplace requirement
of Government Code section 8350 et seq_; (d) National Labor Relations Board Certification of
Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C.
section 12101 et seq.
20. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers
or employees of DBW or agents of the State of California.
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21. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a
hazardous activity. Grantee therefore must maintain commercial general liability insurance in
an amount and of a type acceptable to DBW and to the Department of General Services/
Office of Risk and Insurance Management (GRIM).
1. GENERAL PROVISIONS APPLYING TO ALL POLICIES
a. Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If
insurance expires during the term of the grant, a new certificate must be
received by the Division at least ten (10) days prior to the expiration of this
insurance. Any new insurance must still comply with the original terms of
the grant.
b. Policy cancellation or termination & notice of non -renewal
Insurance policies shall contain a provision stating coverage will not be
cancelled without 30 days prior written notice to the Division. In the event
Grantee fails to keep in effect at all times the specified insurance coverage,
the Division may, in addition to any other remedies it may have, terminate
this Agreement upon the occurrence of such event, subject to the
provisions of this Agreement.
C. Deductible
Grantee is responsible for any deductible or self-insured retention
contained within their insurance program.
d. Primary clause
Any required insurance contained in this Agreement shall be primary, and
not excess or contributory, to any other insurance carried by the State.
e. Insurance carrier required rating
All insurance companies must carry a rating acceptable to GRIM. If the
Grantee is self-insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required by DBW or
ORIM.
f. Endorsements
Any required endorsements requested by the Division must be physically
attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
g. Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee's obligations
under the Agreement.
h. Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of subcontractor's
insurance to the State when requested equal to policies, coverages, and
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limits required of Grantee.
2. INSURANCE REQUIREMENTS
a. Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with
limits of not less than $1,000,000 per occurrence for bodily injury and
property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent subcontractors, products, completed
operations, personal and advertising injury, and liability assumed under an
insured contract. This insurance shall apply separately to each insured
against whom claim is made or suit is brought subject to the Grantee's limit
of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of insurance to the
State equal to policies, coverages and limits required of Grantee.
b. Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than
$1,000,000 combined single limit per accident. Such insurance shall cover
liability arising out of a motor vehicle including owned, hired and non -
owned motor vehicles.
c. Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less
than $1,000,000 combined single limit per accident. Such insurance shall
cover liability arising out of the maintenance and use of any watercraft
(owned, hired or non -owned). The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed that is
connected with or related to the activities contemplated in this Agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
d. Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker's compensation and
employer's liability coverage for all its employees who will be engaged in
the performance of the Agreement. Employer's liability limits of $1,000,000
are required. The insurer waives any right of recovery the insurer may have
against the State because of payments the insurer makes for injury or
damage arising out of the work done under contract with the State. A
Waiver of Subrogation or Right to Recover endorsement in favor of the
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State must be attached to certificate.
If applicable, Grantee shall provide coverage for all its employees for any
injuries or claims under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act or under laws, regulations, or statutes
applicable to maritime employees. By signing this contract, Grantee
acknowledges compliance with these regulations.
e. Environmental/Pollution Liability
Grantee shall maintain Pollution Liability for limits not less than $1,000,000
occurrence covering the Grantee's liability for bodily injury, property
damage and environmental damage resulting from pollution and related
cleanup costs incurred arising out of the work or services to be performed
under this contract. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
Coverage shall be provided for both work performed on site and during
transportation as well as proper disposal of hazardous materials.
3. Self -Insurance
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall
provide evidence of self-insurance when requested by DBW. Review of financial
information including a letter of credit may be required. The Division reserves the
right to request financial information.
4. Statement of Insurance Coverage:
Grantee certifies and agrees that they have all required insurance coverages as
stated in the grant agreement, which will be in effect for the entire term of the
agreement.
Approver initials : L Date: Z / l 3/ ZOZz)
Name: cc,, 1<i .Lpe�tm9
Title:
22. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written
notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term
of this agreement, DBW may, in addition to other remedies it may have, terminate
this agreement upon two days written notice.
C. DBW may, by two-day written notice to Grantee and without any prejudice to its other
remedies, terminate this agreement because of failure of Grantee to fulfill any of the
requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately
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discontinue all removal and disposal activities affected, unless the notice directs
otherwise. In such event, DBW shall pay Grantee only for removal and disposal
activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced
funds. At DBW's sale discretion, DBW may offer an opportunity to cure any breach
prior to terminating for default.
23. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
24. MATCHING 10% REQUIREMENT
a. Section 525(0) of the Harbors and Navigation Code states, "A grant awarded by the
department pursuant to subparagraph (A) shall be matched by a 10 -percent
contribution from the local agency receiving the grant."
b. The 10 -percent contribution is in addition to funds awarded in the grant and may be
made by cash and/or in-kind contributions which may include personnel hours (net
hourly rate only with no benefits included) excessive removal and/or storage fees,
and other expenses with advance DBW approval.
C. If using personnel hours for in-kind match, only net, raw hours will be accepted and
verification of in-kind contribution is required with reimbursement request(s). The
statement of in-kind hours must include:
a. Activity date
b. Vessellissue name or description
c. Personnel name
d. Description of service provided
e. Number of hours provided by each person
Hourly rate and total value
Use the form provided on DBW's website at www,dbw.ca.gov under Grants & Loans,
or the online grant system, OLGA, available on DBW's website.
e. The burden of proof in complying with the 10 -percent contribution requirement is the
responsibility of the grantee. Grant funds will not be disbursed until the grantee has
provided DBW with acceptable documentation that it complied with the 10 -percent
contribution requirement for each disbursement.
25. BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
DBW will reimburse the Grantee for the following expenditures provided by
Grantee's service providers, contractors and/or subcontractors, within the
scope of the SAVE program for AWAF issues associated with:
i. Raising of submerged vessels and associated hazardous materials
Removal of Recreational Vessels and associated hazardous materials from
navigable waterways or adjacent shorelines
iii. Removal and disposal of hazardous materials from Recreational Vessels
iv. Towing
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V. Storage:
1) Without lien sale: 60 days maximum
2) With lien sale: 90 days maximum with justification
3) If stored onsite at Grantee's facility, 50% of the normal rate of
charge to the public will be reimbursed, and fee schedule is
required for verification.
Vi. Lien sale expenses: fees charged by lien sale service companies, postage,
DMV fees, and advertising costs
vii. Public notice advertising
Viii. Vessel appraisal
ix. Salvage and demolition
2. DBW will reimburse the Grantee for the following expenditures provided by Grantee's
Service providers, contractors and/or subcontractors, within the scope of the SAVE
program for VTIP issues:
i. Disposal of Surrendered Recreational Vessels
ii. Removal and Disposal of hazardous materials from Recreational Vessels
iii. Towing of Recreational Vessels from Agency to disposal site
3. Navigational hazard removal and destruction may be considered with advanced
written approval from DBW. Inquire in advance of completing work with
documentation, photos, and narrative as to why the item is a navigational hazard
4. Other items directly related to SAVE activities that could create long-term cost
efficiencies of vessel removal, disposal and turn -in may be considered for
reimbursement with pre -approval in writing from DBW.
b. Reimbursement claim forms:
Forms are available on DBW's website under the Grants & Loans tab under the
appropriate link for SAVE, AWAF and/or VTIP (until further notice, use the SAVE,
AWAF or VTIP reimbursement forms as needed for each specific type of removal):
Grantee must sign and date each reimbursement claim form in blue ink and submit
with the following documents to DBW:
C. Invoices from service providers, contractors and/or subcontractors to Grantee:
Invoices must contain the following:
1. Name and address of Grantee
2. Contract or invoice number
3. Description of service performed
4. Date the service was performed
5. Location of each service
6. Vessel name, CF# or HIN# if available; otherwise, description of vessel
7. Signature confirming the claim is accurate and true under penalty of perjury
d. Proof of payment for all invoices.
The following acceptable forms of proof are:
1. Cancelled check (with bank's cancelled stamp on back of check copy)
2. Credit card statement with charge and payment posted, along with copy of
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charge slip
3. Invoices from service provider showing zero balance
4. Proof of Accounting Clearing House (ACH) or electronic transfer showing
date, amount and transaction confirmation number.
e. 10% in-kind match contribution statement:
1. If Grantee is matching the 10% requirement with in-kind services, complete
the following form located on DBW's website and submit with each claim:
http://www.dbw.ca.gov/PDF/FundingIDPR265.pdf
2. Net, hourly rates only will be accepted. Grantee must include verification of
net rates with first claim and each time rates are changed.
f. Photos of vessels (Required)
-with CF numbers visible if available
g. (VTIP ONLY) Statement of Vessel Release of Interest and Ownership:
To be completed and signed by owner(s). Grantee may provide their own release
form to vessel owners for completion. A sample of this release form is located on our
website:
http:/Iwww.dbw.ca.gov/PDF/Funding/SAMPLE_Release_of Interest_and_Liability_F
orm. pdf
NOTE: (VTIP ONLY) Vessel ownership verification is required; however, it is not
required that boat owners bring their registration up to date in order to
surrender their vessel through the VTIP.
h. Reimbursement claims and support documents (as indicated above) are to be
submitted to DBW at:
Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
Attention: SAVE Unit
Submission of fraudulent invoices or other claim documentation is a breach of this
Agreement, which shall result in forfeiture of all funds advanced and provided under
this Agreement.
All requests for payment must be submitted to DBW no later than 30 days after the
expiration date of the agreement. DBW is not obligated to make payment on any
reimbursement request(s) received or for any services completed after this date.
Refer to "Fully Executed" letter for additional reimbursement request
requirements.
26. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program; this Agreement shall be of no further force and effect. In this event, DBW
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform
any provisions of this Agreement.
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B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, DBW shall have the option to either cancel this Agreement with no
liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the
reduced amount.
27. INDEMNIFICATION
Grantee shall be responsible for, and DPR shall not be answerable or accountable in any
manner for, any loss or expense by reason of any damage or injury to person or property, or
both, arising out of or related in any way to activities carried out by Grantee, its agents,
officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall
protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees
against any and all actions, claims, and damages to persons or property, penalties,
obligations and liabilities that may be asserted or claimed by any person, firm, association,
entity, corporation, political subdivision, or other organization or person arising out of or in
connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder,
whether or not there is concurrent passive negligence on the part of DPR, its agents, officers,
and/or employees.
2$. FUNDS ASSIST
a. PROCESS
The Funds Assist process has been developed by DBW as a method for grantees with
excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is
a voluntary action (by both agencies) until within three (3) months of the expiration date of the
grant at which time it will become a required action of those agencies with remaining grant
balances, at DBW's discretion.
The Funds Assist process works as follows:
1) An introduction is made by DBW between the agency with excessive funds (Agency A)
and the agency in need (Agency B).
2) A deadline shall be imposed by DBW for the work to be completed by Agency B.
3) Agency B pays for all contractor invoices, as is required with the SAVE grant.
4) The 10% required match is the obligation of Agency B and may be met with cash, in-
kind services, or a combination of both.
5) To obtain reimbursement, Agency B will required to supply the following to Agency A:
a. A Tax Identification Form (W-9)
b. All requirements/documents apply as outlined in this agreement under #26
C. A statement on Agency B's letterhead invoicing Agency A for the total
reimbursement request.
d. Copies of completed forms and support documents to DBW for pre -
approval.
6) Agency A completes the following actions:
a. Upon approval by DBW, pay Agency B the invoiced amount within 30 days
and record as a pass-through grant (or use your accounting method
preference).
b. Complete DBW's AWAF and/or VTIP Reimbursement Claim Form and
attach all supporting documents as listed in item b, c & d above, including
the verification of payment to Agency B i.e., cancelled check or statement
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from Agency B of payment received.
C. Email the documents to the DBW program administrator for review. Once
reviewed and approved, send finalized claim forms to DBW for payment
processing.
DBW will act as a courtesy liaison between the agencies to ensure (as much as possible)
that documents are correctly processed.
b. INDEMNIFICATION
Grantee and sub grantee (hereafter known an Agency A and Agency B) shall be responsible
for, and DPR shall not be answerable or accountable in any manner for, any loss or expense
by reason of any damage or injury to person or property, or both, arising out of or related in
any way to activities carried out by Agency A and B, its agents, officers, contractors,
subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold
harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and
all actions, claims, and damages to persons or property, penalties, obligations and liabilities
that may be asserted or claimed by any person, firm, association, entity, corporation, political
subdivision, or other organization or person arising out of or in connection with Agency A and
B's contractor's or subcontractor's activities hereunder, whether or not there is concurrent
passive negligence on the part of DPR, its agents, officers, and/or employees.
If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for
removal project, and receives assistance through the Funds Assist process, all provisions of
the SAVE grant applies.
Approver initials: GL, Date: Z 13 -ZOZO
Name: rme . 1 -Puna
Title: CtiW Mrn�T,a�ir-
29. 90 -DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90
days of the date of issuance according to the instructions issued by DBW with the grant
agreement. If extenuating circumstances prevent the ability of the agency to meet this
deadline, approval from DBW must be obtained in writing. DBW retains the right to determine
approval or denial of extensions.
30. ANTI -CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied
cases whereby a contractor, subcontractor or other service provider increases their fee(s) due
to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE
grant in order to increase their fee(s), for possible investigation of price gouging. A two year
history of charges applied to work of all known SAVE grant work by that contractor will be
required by DBW for review.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Grantee may not commence performance until
such approval has been obtained.
2. EFFECTIVE DATE:
Effective date means either the start date or the approval date by the Department of General
Services (DGS), whichever is later. In cases where DGS approval is not required, this
Agreement is of no force or effect until the date of the last DBW signature. No work shall
commence until the effective date.
3. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in the Agreement is binding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
5. AUDIT:
Grantee agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Grantee agrees to maintain such records for possible audit for a minimum
of three (3) years after final payment, unless a longer period of records retention is
stipulated. Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, Grantee agrees to include a similar right of the
State to audit records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1896).
6. INDEMNIFICATION:
Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by the subcontractor or
Grantee in the performance of this Agreement.
7. DISPUTES:
Grantee shall continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the
Grantee fail to perform the requirements of this Agreement at the time and in the manner
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herein provided. In the event of such termination the State may proceed with the work in any
manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee
upon demand.
9. RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of post consumer material as defined in the Public Contract Code Section 12200,
in products, materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209. With respect to
printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g_, cancer), age
(over 40), marital status, and denial of family care leave. Grantee and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.)
and the applicable regulations promulgated thereunder (California Code of Regulations, Title
2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Grantee and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 307 are hereby
incorporated by reference and made a part of this Agreement by this reference as if attached
hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of
Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1.
14. GOVERNING LAW:
This Agreement is governed by and shall be interpreted in accordance with the laws of the
State of California.
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15. ANTITRUST CLAIMS:
The Grantee by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, the Grantee shall comply with the requirements of
the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. . If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter,
the assignor shall be entitled to receive reimbursement for actual legal costs incurred
and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor
but were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with
Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
The Grantee, to the best of its knowledge is fully complying with the earnings
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assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby_
18. PRIORITY HIRING CONSIDERATIONS:
If this Agreement includes services in excess of $200,000, the Grantee shall give priority
consideration in filling vacancies in positions funded by the agreement to qualified recipients
of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353-
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business
participation, then Grantee must within 60 days of receiving final payment under this
Agreement (or within such other time period as may be specified elsewhere in this
Agreement) report to the awarding department the actual percentage of small
business participation that was achieved. (Govt. Code § 14841.)
b. If for this Agreement Grantee made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Grantee must within 60 days of
receiving final payment under this Agreement (or within such other time period as
may be specified elsewhere in this Agreement) certify in a report to the awarding
department: (1) the total amount the prime Grantee received under the Agreement;
(2) the name and address of the DVBE(s) that participated in the performance of the
Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all
payments under the Agreement have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of
the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D
r.FRTIFICATION
I, the official named below, CERT[FY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the
laws of the State of California.
Grantee Agency Name (Printed)
Federal iD Number
City of Newport Beach
95-6000751
By (Authorized Signature)
Printed Name and Title of Per an Signing
Grace V\ Launq �
Date Executed
Executed in the County of
Z / 131
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements.
(Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and Grantee may be ineligible for award
of any future State agreements if the department determines that any of the following has
occurred: the Grantee has made false certification, or violated the certification by failing to
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carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by
a Federal court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court, which orders
Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of
the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro
bono legal services during each year of the agreement equal to the lessor of 30 multiplied by
the number of full time attorneys in the firm's offices in the State, with the number of hours
prorated on an actual day basis for any contract period of less than a full year or 10% of its
agreement with the State.
Failure to make a good faith effort may be cause for non -renewal of a state agreement for
legal services, and may be taken into account when determining the award of future
contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate
corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is
eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment,
materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor,
forced labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The Grantee further
declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at
www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the Grantee's
compliance with the requirements under paragraph (a).
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7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.3.
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EXHIBIT E
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state
employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (PCC 10410):
1) No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (PCC 10411):
1) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in any
of the negotiations, transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any capacity by any state
agency.
2) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she
was employed by that state agency in a policy-making position in the same general
subject area as the proposed contract within the 12 -month period prior to his or her
leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void_ (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission,
payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODEIWORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured
against liability for Workers Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon
receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment. Any changes of the Grantee's representative shall be notified to DBW within 30
days written notice on Grantee's letterhead.
S. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate Grantee performing
within the state not be subject to the franchise tax.
C. Both domestic and foreign corporations (those incorporated outside of California)
must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the
Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority
to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not
subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions: or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other
governmental entity.
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EXHIBIT F
Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or
services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract
Code sections 10475, et seq,; Stats. 2008, Ch. 272)_ The Act was passed by the California
Legislature and signed into law by the Governor to preclude State agencies generally from contracting
with `scrutinized" companies that do business in the African nation of Sudan (of which the Darfur
region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code
section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a
contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within
the previous three years has had) business activities or other operations outside of the United States
to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency.
(See # 1 on the sample Attachment).
A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency
for goods or services if the company first obtains permission from the Department of General Services
(DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the
sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification
requirements of bidders and proposers.
Contract # C 19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date. 12/20/2019 Page: 26 of 37
12-54
EXHIBIT F — DARFUR CONTRACTING ACT
Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the
previous three years has had business activities or other operations outside of the United States, it
must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476.
Therefore, to be eligible to submit a bid or proposal, please complete only one of the following
three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification
for Paragraph # 3): YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR
PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR
PARAGRAPH #3 INITIALED AND CERTIFIED.
We do not currently have, or we have not had within the previous three years, business
activities or other operations outside of the United States.
OR
We are a scrutinized company as defined in Public Contract Code section 10476, but we
have received written permission from the Department of General Services (DGS) to submit
a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written
permission from DGS is included with our bid or proposal.
OR
We currently have, or we have had within the previous three years, business activities or
other operations outside of the United States, but we certify below that we are not a
scrutinized company as defined in Public Contract Code section 10476.
CERTIFICATION For # 3.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is
made under the laws of the State of California.
Grantee Agency Name (Printed)
City of Newport Beach
Federal ID Number
95-6000751
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Orange
YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL
INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3
INITIALED AND CERTIFIED
Contract $1 01950608. Cdy of Newport Beach, surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019/2020. Date: 12/20/2019 Page: 27 of 37
12-55
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
General
1 Applicant Information
a.
Applicant Name
City of Newport Beach
b.
Organizational Unit
c.
Address
100 Civic Center Drive
d.
Address 2
e.
City
Newport Beach
State CA Zip 92660
f.
Federal ID Number
95-6000751
Reference No.
g.
Agency Type
C• City
r County
C Federally or State Recognized Native American Tribe
r District
2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year
2019/2020
b. Is implementing agency same as Applicant ro Yes No
c. Implementing Agency Name
d. Project Start Date Oct -01-2019 End Date Sep -30-2021
e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00
Contract 9 C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020. Date: 1212012019 Page: 28 of 37
12-56
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3 Contacts
a. Project Administrator
Name
Melanie Franceschini
Title
Administrative Analyst
Mailing Address
100 Civic Center Drive
City
Newport Beach State CA Zip 92660
Telephone
(949)644-3028 Fax
E-mail Address
mfranceschini@newportbeachca.gov
b. Project Administrator
Name Kurt Borsting
Title Harbormaster
Mailing Address 1600 W. Balboa Boulevard
City Newport Beach State CA Zip 92663
Telephone (949)270-8158 Fax
E-mail Address kborsting@newportbeachca.gov
Contract K C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201 912 02 0, Date: 12/20/2019 Page: 29 of 37
12-57
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Agency Type and Area of Responsibility (AOR)
Newport Harbor is one of the largest, small craft recreational harbors on the California Coast. Home to
approximately 4,500 vessels, Newport Harbor is a welcome port to many boaters as they cruise the Pacific or travel
within their home waters. The City of Newport Beach (City) manages many of the visitor -serving amenities within the
harbor. The goal of the City's Harbor Department is to provide information and services to harbor users whether
they are boating visitors, anchor their vessel year round or call the harbor home. The City also encourages public
access to the water, providing and maintaining slips and moorings available to rent for guests and locals alike. The
City operates five public pump outs, two marinas and twelve public docks. However, with the accessibility to these
public recreational amenities also comes abandonment, illegal berthing and derelict vessels. The City works with
vessel owners encouraging them to maintain their vessels in a seaworthy and operable manner. However, legal
action is sometimes required to handle impounds, liens, junking and demolition of vessels. Historically, the City has
assisted boaters in Newport Harbor, nearby harbors and even those with trailered boats, with the process of tuming
in derelict vessels and removing those that inhibit the enjoyment and safety of harbor waters.
2. Statement of Need
The City has demonstrated both the need to remediate problem vessels through Abandoned Watercraft Abatement
Fund (AWAF), as well as the ability to assist boaters with Vessel Tum in Program (VTIP). The City was the recipient
of the SAVE 2017/18 grant and is close to exhausting all funds. With the help of the SAVE grant during this most
recent cycle, the City was able to remove and demolish more than 25 vessels. In addition, through the City's Code
Enforcement efforts approximately 200 cases were managed associated with the vessels that were either
inoperable, unseaworthy or in some state of disrepair. Of those cases, approximately 30 could have resulted in
abandonment if not for the efforts of the City to work to have the vessel owner remediate their condition.
Interested parties from all over the county continue to inquire as to how the City's grant funding can be used to
assist them. We currently have a VTIP waitlist of 12 vessels, in addition to 16 other vessels owners that have
expressed interest of adding their boats to the list.
The City of Newport Beach works to address abandoned watercraft in Newport Harbor. Duties to mitigate vessels
include:
• Regular and focused communication with vessel owners;
• Relocation of problem vessels;
• Pumping out vessels that have taken on water;
• Processing DMV paperwork for liens, junking, etc.; and
• Coordination with local marine contractors and shipyards to relocate vessels for haul -out and demolition
a. List of ADV'slVTIP vessels
List of current Abandon Derelict Vessels (ADV)/\MP vessels and estimate of cost to remove them.
ADV / VTIP
Estimated Cost
Current ADV's 15 ea
44,130
Current VTIP 7 ea
23,200
Estimate of ADV s
46,335
Estimate of VTIP
61 335
TOTAL 175,000
Contract # C19S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019(2020, Date' 1212012019 Page: 30 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy
and Paste the URL (http://www.legislature.ca.govAegislators_and_districts/districts/distr cts.htm1) in your browser
to determine the State Senate district(s).
I-StateSenate 01
f State Senate 02
(- State Senate 03
f- State Senate 04
r State Senate 05
r State Senate 06
r State Senate 07
r State Senate 08
r- State Senate 09
r State Senate 10
r State Senate 11
r State Senate 12
f State Senate 13
F State Senate 14
(- State Senate 15
r State Senate 16
r State Senate 17
r State Senate 18
r State Senate 19
r State Senate 20
r- State Senate 21
r State Senate 22
r State Senate 23
r State Senate 24
r State Senate 25
r State Senate 26
r State Senate 27
r State Senate 28
r State Senate 29
r State Senate 30
r State Senate 31
r State Senate 32
r State Senate 33
r State Senate 34
r State Senate 35
r State Senate 36
I✓ State Senate 37
r State Senate 38
r State Senate 39
r State Senate 40
2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.
Copy and Paste the URL (http://www.legislature.ca.gov/tegislators_and_districts/districts/districts.html) in your
browser to determine the State Assembly district(s).
F State Assembly 01
r- State Assembly 05
r- State Assembly 09
r State Assembly 13
r- State Assembly 17
F State Assembly 21
r State Assembly 25
r State Assembly 29
r State Assembly 33
F State Assembly 37
r State Assembly 41
F State Assembly 45
r State Assembly 49
r State Assembly 53
r State Assembly 57
F State Assembly 61
r State Assembly 65
r State Assembly 69
F State Assembly 73
r State Assembly 77
F State Assembly 02
r State Assembly 06
r State Assembly 10
I- State Assembly 14
r State Assembly 18
r State Assembly 22
F State Assembly 26
r State Assembly 30
F tate Assembly 34
r State Assembly 38
F State Assembly 42
r State Assembly 46
F State Assembly 50
r State Assembly 54
r State Assembly 58
I- State Assembly 62
F State Assembly 66
F State Assembly 70
W State Assembly 74
r State Assembly 78
3. California Congressional Districts
r State Assembly 03
F State Assembly 07
F State Assembly 11
r State Assembly 15
r State Assembly 19
F State Assembly 23
r State Assembly 27
F State Assembly 31
r State Assembly 35
I- State Assembly 39
r State Assembly 43
r State Assembly 47
F State Assembly 51
r State Assembly 55
r State Assembly 59
r State Assembly 63
r State Assembly 67
I- State Assembly 71
F State Assembly 75
F State Assembly 79
r State Assembly 04
r State Assembly 08
F State Assembly 12
r" State Assembly 16
F State Assembly 20
r State Assembly 24
r State Assembly 28
r State Assembly 32
r State Assembly 36
r State Assembly 40
F State Assembly 44
r State Assembly 48
r State Assembly 52
r State Assembly 56
F State Assembly 60
r State Assembly 64
F State Assembly 68
r State Assembly 72
r State Assembly 76
r Stale Assembly 80
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (httpsJ/www.govtrack.us/congress/members/CA) in your browser to determine the
Congressional district(s).
r Congressional District 1
r Congressional District 4
F Congressional District 7
r Congressional District 10
r -Congressional District 13
r Congressional District 16
F Congressional District 19
F Congressional District 2
F Congressional District 5
r Congressional District 8
r Congressional District 11
r Congressional District 14
r Congressional District 17
F Congressional District 20
r Congressional District 3
F Congressional District 6
F Congressional District 9
F Congressional District 12
F Congressional District 15
r Congressional District 18
r Congressional District 21
Contract $$C19S0808. City of Newport Beach. Surrendered and Abandcnod Vessel Exchange (SAVE) Fiscal Year 2019!2020, Date: 1=012019 Page: 31 of 37
12-59
4.
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
r Congressional District 22
r- Congressional District 25
r Congressional District 28
f -Congressional District 31
17- Congressional District 34
r Congressional District 37
r Congressional District 40
r Congressional District 43
r Congressional District 46
r Congressional District 49
r Congressional District 52
r Congressional District 23
Congressional District 26
r Congressional District 29
r Congressional District 32
r Congressional District 35
1- Congressional District 38
r Congressional District 41
r Congressional District 44
r Congressional District 47
r Congressional District 50
I- Congressional District 53
r Congressional District 24
I- Congressional District 27
F- Congressional District 30
r Congressional District 33
r- District 36
F Congressional District 39
r Congressional District 42
[-Congressional District 45
r Congressional District 48
F- Congressional District 51
County
Select one or more of the California
Counties where the proposed project
activities will occur.
r Alameda
r Alpine
r Amador
r Butte
I- Calaveras
r Contra Costa
r Del Norte
r EI Dorado
r Fresno
r Glenn
r Imperial
r" Inyo
r Kern
r Kings
r Lake
r Los Angeles
r Madera
r Marin
r Mariposa
r Mendocino
r Modoc
r Mono
r Monterey
r Napa
r Nevada
r Placer
r Plumas
r Riverside
r Sacramento
r San Benito
rSan Diego r San Francisco I- San Joaquin
r Santa Clara r Santa Cruz r Shasta
r- Sonoma r Stanislaus r Sutter
r Tuolumne r Ventura r Yolo
r San Luis
Obispo
r Sierra
r Tehama
r Yuba
r San Mateo
r Siskiyou
I- Trinity
r Colusa
r Humboldt
r Lassen
I- Merced
i✓ Orange
r San
Bernardino
r Santa Barbara
r Solano
r Tulare
Contract tt C1950608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date: 1 2/2 01201 9 Page: 32 of 37
12-60
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Legal authority to remove abandoned vessels
The City of Newport Beach is the lead agency in Newport Harbor, according to State of California Tidelands Grant
Section 1, Chapter 74, Statutes of 1978, and partners with the Orange County Sheriffs Department to enforce
boating safety. The O.C. Sheriffs Department Harbor Patrol has jurisdiction in Newport Harbor according to Harbors
and Navigation Code 510.
2. Agency Experience
As one of the largest small craft recreational harbors on the west coast, Newport Harbor welcomes and serves
transient and local boaters alike. However, over the years, some boaters have found themselves financially unable
to maintain their vessels, opting to tum in their vessel or simply letting the vessel become derelict andlor
abandoned. Transient boaters frequently abandon vessels in Newport Harbor with the idea that the local agencies
will remediate the blight.
The City of Newport Beach has previously received funding for VTIP and AWAF through multiple grant cycles. In FY
2014-2016, the City received $125,700. In FY 2017 - 2019, the City received $125,000 in SAVE Grant aid. Apart
from serving the needs of the Newport Harbor, the City works with the County of Orange to abate vessels from
coastal waterways and receive tum -ins from the local inland areas and other counties. The City is seeking an
increase in funds in order to further assist the many boat owners who are unable to financially maintain their boats
and are currently on a waitlist for VTIP. Current remaining SAVE Grant funds only suffice for at risk Abandoned and
Derelict Vessels (ADV) that have the potential to sink and are currently occupying space on City moorings and dingy
racks, inhibiting further public use of moorings and dingy racks.
City of Newport Beach staff has extensive experience working with boaters as they request assistance turning in
vessels. Due to the cost of hauling out and maintenance, some boaters resort to abandoning their vessels. In those
cases, the City of Newport Beach takes action to relocate, investigate the case and ultimately demolish the vessels.
The current SAVE agreement between the City and the State is nearly exhausted_ At this time, there are
approximately 10 impounded and abandoned boats that the City will demolish pending a new grant agreement. In
addition, there are numerous parties on waitlist who have expressed interest in taking advantage of the VTIP
program should the City receive additional funding.
3a. Adjudication Procedures -identifying ADV's
The City of Newport Beach's Harbor Department along with the OC Sheriffs Department Harbor Patrol work to
identify problem vessels and make contact with the vessel owners. Staff will determine whether the vessel can be
brought into compliance and vessel owners are encouraged to work on their vessels. Other vessels that are
inoperable and not seaworthy are also solicited for the VTIP program.
City Harbor Department staff patrol the waters of Newport Harbor and identify vessel condition and ownership. The
City Harbor Department staff enforce Newport Beach Municipal Code Chapter 17, also known as the Harbor Code.
Since using the SAVE grant, the intensity of abandoned vessels have decreased due to the VTIP option. Staff
encourages owners of derelict and neglected vessels to turn in their vessels, and make the process as easy as
possible for those owners. However, there are instances when vessels are abandoned in the public anchorage,
piers and mooring fields.
3 b. Adjudication Procedures - Removal Process
Large vessels that are abandoned or impounded are secured and locked to an offshore mooring. Small crafts are
hauled into dry storage. Staff attempts notification to the last owner for all vessels with identification markings (CF
Numbers or federal registration), especially those valued over $1,500. Small crafts such as dinghies, rowboats,
kayaks and other non -registered craft are auctioned to the public on a regular basis.
3c. Adjudication Procedures -Lien proceedures
The City follows a multi -step adjudication process. The process begins by requesting vessel information from the
Contract # C79S0608. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date: 12/2012019 Page: 33 of 37
12-61
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Police Department's DMV information log, in attempts to identify the registered owner of the vessel. Once the City
obtains the registered owners name and address, the City notifies the owner, via certified mail, that their vessel has
been impounded due to code enforcement violations or for abandonment- After at least 30 days and up to 90 days,
if the registered owner has not contacted the City, the vessel is prepared for a lien sale. For vessels with a value
over $1,500, the City submits a DMV Application for Lien Sale Authorization. In addition, the City notified the owner
and any interested parties of a pending Lien Sale, in addition to outlining how the vessel may be claimed before the
auction. The City then advertises the upcoming auction on the City's website and in local newspapers. On the
auction date, if the vessel is sold, the City holds the property for 10 days before releasing it to the buyer. If the
vessel is not sold, then bids are collected from our contractors for its destruction and removal.
3 d. Adjudication Procedures - Destruction of Vessels
The City's grant funding is used specifically for the destruction and removal of larger vessels that are costly and
have had DMV or USCG documentation records. Following the auction, if a vessel is not sold and has a Gear title,
the City requests bids from qualified contractors for the vessel's destruction. The City then moves forward with the
lowest qualifying bid and authorizes the destruction.
4 a. Vessel Registration
Does your agency regularly check vessels in your AOR for current registrations? f. Yes r No
4 b. Agency prevention efforts of abandoned vessels
The City of Newport Beach Harbor Department staff works with the boating community to keep vessels seaworthy
and operable. Harbor Department staff conducts patrols of the offshore mooring field, anchorage, public piers and
marinas, actively inspecting vessel conditions. Staff investigates reports of distressed vessels and when issues of
concern are discovered, they make contact with owner on record. All mooring permittees are required to submit
proof of vessel insurance. All short-term mooring renters and marina slip tenants are also required to demonstrate
proof of insurance. Annually, mooring five-aboards are required to demonstrate vessel operability and
seaworthiness, as well as showing that the holding tank is in good working order and free of leaks. The Newport
Beach Harbor Commission supports staff in the identification and remediation of problem vessels.
Contract k C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 20192020, Date: 1220/2019 Page: 34 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3. Application Questionnaire
Does your agency have an active local enforcement program tasked with Yes r' No
addressing abandoned vessels in your jurisdiction?
If yes, explain in detail. If no, elaborate on
City Harbor Department staff works with the City Code
your agency's efforts to create a program
Enforcement staff to identify vessels that may be a potential or
or if you utilize enforcement services from
existing problem. Owners are notified to bring vessels into
another agency and how.
compliance or utilize VTIP. Owners may be issued a Notice of
Violation if they fail to bring vessels into compliance. Other
vessels that are abandoned or have no identifiable owner are
put in line for AWAF. Vessel condition is taken into
I Image
t— age
19 apdi-
consideration when prioritizing enforcement and use of SAVE
funds for demolition. Those vessels at risk of sinking or which
represent other hazardous conditions are always given priority.
2. Does your agency have a submerged navigational hazard abatement plan (; Yes r- No
(SNHAP)? This may include: 1) An established internal process outlining
procedures to prevent, mitigate and process abandoned vessels; 2) Bylaws,
regulations, or ordinances that help prevent or mitigate abandoned vessels.
If Yes, provide plan documentation_ Upload Submerged Navigational Hazard Abatement Plan (SNHAP)
documents here.
SNHAP Documentation Title
Attachment
City of Newport Beach Municipal Code - Harbor
22550_0_NB Municipal Code
le
If No, explain your agency's efforts to
create a SNHAP and anticipated date of
effect.
3. List by name and size the bodies of water or waterways in your agency's area of responsibility_ If you wish
to add maps or photos, please dick on the BLUE arrow below to upload.
Name
Size
Attachment
Newport Harbor Resources Map
800 Acres
22555 0 MAP
T-�
Newport Harbor Main Map
22 55
Newport Harbor Satellite Image
22555 2 Salel
I Image
t— age
19 apdi-
4. To provide additional information, please click on the Blue
Arrow to add an attachment
Contract 9 C1950808. City of Newport Beach, surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2 01 912 0 20. Date: 12!2012019 Page: 35 of 37
12-63
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
I. Outreach ! Advertising plan for implementing and ! or increase the Vessel Tum -In Program
The Newport Beach City Council and Harbor Commission have an active interest in the condition of
vessels in Newport Harbor. Staff regularly reports to Council and Commission on the progress or
remediating derelict vessels from the Harbor and those either trailered or towed for disposal. Interested
parties contact staff directly. The DBW SAVE Grant webpage directs people to contact the City on the
webpage. In the coming year, along with additional funding, the City would like to set aside a portion of the
SAVE Grant to specifically service VTIP vessels. The City has prepared a webpage and Flyers for further
outreach. The City will also order VTIP flyers from the Division of Boating and Waterways.
Newport Harbor is home to 1,240 moorings, 1,200 residential piers, dry storage and 60 marinas. There is
a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problem
vessels clears the mooring field, marinas and docks, creating more open space for recreation and
providing more availability for new boaters to store vessels in Newport harbor. The City certainly works to
remediate issues specific to Newport Harbor, yet accepts vessels from the surrounding area. City staff
understands that the grant funding should not only be used in our Harbor, but also assist the boating
community in our county's region, as a whole.
Attachments:
2. Administrative Information
Screenshot of Unpublished VTIP Webpage
DRAFT City VT[P Flyer
1. Please state if you will accept surrendered vessels only within Area of Responsibility (ACR) or if you will
accept outside Area of Responsibility requests
r— Within AOR ]✓ Within and Outside
AOR
2. Identify schedule for accepting surrendered vessels
r Daily r—Weekly r Monthly r As Needed
3. Location where vessels will be accepted
"Agency Office r` Local Landfill r Pickup by Agency or f<As Needed [Agency
Salvager Offlce[Pickup by
Agency or Salvager]
4. Storage area: Does your agency have a storage area for surrendered C Yes r' No
vessels pending destruction?
If Yes, identify the type of storage area
r Water i✓ Land
Contract i$ Ci9S0608. City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020. ❑ate, 1 212 01213 9 Page: 36 of 37
12-64
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Applicant Certification
Per Harbors and Navigation Code 525 (C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10% contribution from the local agency receiving the grant." This matching fund may be
rendered in cash, or through in-kind contributions which must be vefiFed, and are at the discretion of DBW.
These contributions may include (but are not limited to) the following: administrative costs, personnel hours,
removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% of each reimbursement claim is met.
a. Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s),
and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the
information contained herein is true, accurate, correct, and complete.
b. F I certify that I am the person authorized to submit this application on behalf of the applicant.
Prepared by: Name: Melanie Franceschini Date: 04/12/2019
Reviewed by: Name: Kurt Borsting Date: 04/12/2019
Approving Officer. Name: Carol Jacobs Date: 04/12/2019
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date: 12/2012019 Page: 37 of 37
12-65
ATTACHMENT B
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC TOWING, LLC DBA TOWBOATUS NEWPORT BEACH FOR
VESSEL REMOVAL, STORAGE AND DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 25th day of May, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PACIFIC TOWING, LLC, a California limited liability company doing business
as TOWBOATUS NEWPORT BEACH ("Consultant'), whose address is 31321 Brooks
Street, Laguna Beach, California 92651, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide vessel removal, storage, and disposal
services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
12-66
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
2.3 All Services shall be provided in accordance with the terms and conditions
set forth in the State of California — Natural Resources Agency Department of Parks and
Recreation Division of Boating and Waterways Grant Agreement, Surrendered and
Abandoned Vessel Exchange (SAVE -19), Grant No. C1 9S0608, with an effective date of
February 19, 2020, or any supplement or amendment thereto, as administered by the City
("Grant Agreement"). A copy of the Grant Agreement is incorporated herewith by
reference and attached hereto as Exhibit D.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
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4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 001100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David LaMontagne to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
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5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless the State of California, the County of Orange, the City, their respective
legislative bodies, councils, supervisors, departments, boards, committees, and
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commissions, divisions, subdivisions, grantees, and subgrantees, officers, agents,
volunteers, employees and any person or entity acting on behalf thereof on in concert
therewith (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City, the County of Orange, or the State
of California. The manner and means of conducting the Work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. No civil service status or other right of employment
shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Consultant or any of Consultant's employees or agents, to be
the agents or employees of City. Consultant shall have the responsibility for and control
over the means of performing the Work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance of the Work or to exercise
a measure of control over Consultant shall mean only that Consultant shall follow the
desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
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under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David LaMontagne
Pacific Towing, LLC DBA
31321 Brooks Street
Laguna Beach, CA 92651
26. CLAIMS
TOWBOATUS Newport Beach
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. MEDIA MATERIALS RELEASE
28.1 Consultant agrees to irrevocably grant to California State Parks, Division of
Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred
to as "DBW'), the non- exclusive, royalty -free, perpetual and worldwide right and
permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display
the photographs, motion pictures, caption information, and/or written quotes (hereinafter
referred to collectively as "Photographs"), that the Consultant or City has submitted to
DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational
programs, or any other lawful purpose whatsoever, in any and all media. In connection
with the foregoing license, the Consultant and City agree not to use, reproduce, adapt, or
display the Photographs, or allow others to do so, in a manner that tends to subject DBW
or its AWAF, VTIP and/ or SAVE programs to ridicule, disparagement, mockery, satire,
or that could tarnish the image of the DBW's AWAF, VTIP, and/ or SAVE programs.
Consultant hereby releases and discharges DBW from any and all claims and demands
arising out of or in connection with the use of the Photographs, including without
limitations, any and all claims for libel, defamation, invasion of privacy, and/ or publicity
rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of
same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.
28.2 Consultant also grants DBW and its licensees the unrestricted right to use
and disclose its name in connection with use of the Photographs. Consultant understands
that it will not be paid for any use or right granted herein.
28.3 Consultant understands and agrees that the Photographs may be used in
whole or in part, at any time. The license granted herein to DBW includes the right and
permission to conduct or have conducted such alterations to the Photographs as DBW
deems necessary. Consultant releases and discharges DBW and agrees to indemnify
and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration,
optical illusion or use in composite form, loss or damage, whether intentional or otherwise,
that may occur in the use of the Photographs. Consultant waives any right to inspect or
approve any finished product, advertising or other copy that may be used in connection
therewith or the use to which it may be applied.
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28.4 Consultant declares and avows that any Photographs it is submitting to
DBW, if any, are its own original work in all respects. Consultant is the sole and exclusive
owner of said Photographs; they are free, clear, and unencumbered. No part of them is
taken from or based on any other work; no part infringes the copyright or any other right
of any person; and the reproduction, publication, exhibition, or any other use by DBW of
said Photographs in any form whatever will not in any way, directly or indirectly, infringe
on the rights of any person. Consultant agrees to indemnify and hold DBW harmless from
and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments,
amounts paid in settlement, penalties, and expenses that may be obtained against,
imposed on, or suffered by DBW by reason of (1) any violation or infringement of any
proprietary right or copyright; or (2) any libelous or unlawful matter contained in the
Photographs. Consultant also agrees to indemnify and hold DBW harmless for any such
amounts arising from its breach of any covenant, representation, or warranty of this
agreement.
29. ANTITRUST CLAIMS
29.1 Consultant, by signing this Agreement hereby certifies that if its services or
goods are obtained by means of a competitive bid, the Consultant shall comply with the
requirements of the Government Codes Sections set out below.
29.1.1 The Government Code Chapter on Antitrust claims contains the
following definitions:
29.1.1.1 "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.
29.1.1.2 "Public purchasing body" means the State or the
subdivision or agency making a public purchase. Government Code
Section 4550.
29.1.2 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.
29.1.3 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
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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.
29.1.4 In the case that Consultant assigns to the City, 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.
30. CHILD SUPPORT COMPLIANCE ACT
30.1 Consultant acknowledges in accordance with Public Contract Code 7110,
that:
30.1.1 The Consultant recognizes the importance of child and family
support obligations and shall fully comply with all applicable state and federal laws relating
to child and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code, and
30.1.2 The Consultant, 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.
31. LOSS LEADER
31.1 If this Agreement involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss leader"
as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
32. AIR OR WATER POLLUTION VIOLATION
32.1 Consultant warrants that it is not: (1) in violation of any order or resolution
not subject to review promulgated by the State Air Resources Board or an air pollution
control district; (2) subject to cease and desist order not subject to review issued pursuant
to Section 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or (3) finally determined to be in violation of provisions of federal
law relating to air or water pollution.
33. STANDARD PROVISIONS
33.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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33.2 Compliance with all Laws.
33.2.1 Consultant shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted. In
addition, all Work prepared by Consultant shall conform to applicable City, county, state
and federal laws, rules, regulations and permit requirements and be subject to approval
of the Project Administrator and City.
33.2.2 Consultant and its subcontractor(s) shall comply with all applicable
laws and regulations of the State of California for all work to be performed under this
Agreement. By signing this Agreement, Consultant certifies its compliance and the
compliance of all subcontractors with: (a) applicable provisions of the California
Environmental Quality Act; (b) Nondiscrimination Program requirements of Government
Code section 12990 (a -f) and Title 2, California Code of Regulations, section 8103 (and
section 8113 in contracts over $ 5,000) along with section 7285 et. seq. of the Fair
Employment and Housing Act; (c) Drug -Free Workplace requirement of Government
Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public
Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and, (f) Americans with Disabilities Act regulations issued pursuant to 42
U. S. C. section 12101 et seq.
33.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
33.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
33.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
33.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
33.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
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33.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
33.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
33.10 Equal Opportunity Employment.
33.10.1 Consultant represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee or applicant for
employment because race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, sexual orientation, age or any other
impermissible basis under law.
33.10.2 Consultant warrants that it complies with the Americans with
Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U. S. C.
12101 et seq.)
33.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
33.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:�
ron C. Harp
qty Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Brad Avery
Mayor
CONSULTANT: Pacific Towing, LLC, a
California limited liability company doing
business as TOWBOATUS NEWPORT
BEACH
Date:
Bv:
David LaMontagne
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D - Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE -19), Grant No. C19S0608, with an effective date
of February 19, 2020
Pacific Towing, LLC Page 15
12-80
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide services related to the removal and disposal of
surrendered and abandoned vessels. Consultant shall be responsible for deploying and
storing any vessels or equipment related to the delivery of these services.
Services in the performance of removal and/or disposal of vessels may include, but
are not necessarily limited to:
1. Raising of submerged vessels and/or hazardous marine debris;
2. Vessel and/or hazardous marine debris removal from accessible locations;
3. Hazardous materials ("Hazmat") removal and disposal;
4. Towing; and
5. Salvage and demolition.
All vessel removals and/or disposals of vessels shall be in accordance with the terms
and conditions set forth in the State of California — Natural Resources Agency Department
of Parks and Recreation Division of Boating and Waterways Grant Agreement,
Surrendered and Abandoned Vessel Exchange (SAVE -19), Grant No. C19S0608, with
an effective date of February 19, 2020, as administered by the City, attached to this
Agreement as Exhibit D.
Consultant shall comply with all local, state and federal laws and provisions in the
proper removal and/or disposal of vessels. Consultant shall be responsible for ensuring
that all rules and regulations pertaining to the salvage and demolition of all materials
resulting from the Consultant's disposal of a vessel (or hazardous marine debris) are
followed.
Pursuant to Section 6 of the Grant Agreement, as defined herein, Consultant shall be
responsible for securing any necessary or prudent studies, permits, or authorizations
associated with treatment, removal, storage, or any other handling of hazardous
substances including, but not limited to, toxic waste, petroleum waste, asbestos, and
similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement. Consultant shall be responsible for the proper and lawful handling,
abatement, removal, storage, and/or disposal of any hazardous substances encountered
in the execution of this Agreement.
The location of work to be performed shall be designated by the City and may vary
with each service request.
Pacific Towing, LLC Page A-1 12-81
PROJECT ADMINISTRATION
On-call agreements do not guarantee or imply any specific quantity of work over the
proposed contract period. When the need for services arises, the City shall request the
necessary services required in adequate detail. Contractor shall then provide a detailed
Letter Proposal for Services requested by the City, as set forth in Section 2 of this
Agreement.
Letter Proposals to the City shall include the following:
• Contact name and address of the City of Newport Beach
• Contract and Invoice Number
• Detailed description of the Service to be performed
• Date the Service shall be performed
• Location of each Service to be performed
• Vessel name, CF # or HIN# if available
• Description of Vessel
City shall assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those to be provided. No Services shall be provided until the City
has provided written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties listed in the approved Letter Proposal.
Pacific Towing, LLC Page A-2 12-82
EXHIBIT B
SCHEDULE OF BILLING RATES
SERVICE
BILLING RATE
Boat Salvage (Day Rate
$250 per foot
Boat Salvage (Night Rate
$300 per foot
Boat Towing Da Rate
$250 per hour
Boat Towing (Night Rate
$300 per hour
De -watering / Pump Out
$18.00/ t. + hourly rate
Soft Un -groundings
$18.00/ft. + hourly rate
Diver / Dive Assignment
$200/hr. + boat hourly rate (day rate);
$300/hr. + boat hourly rate (night
rate
Fuel / Oil Spill Response Charges
Oil Boom / Pad - Deploy/Retrieve -
$1,500 flat (up to 65' boat);
Oil Boom per day in excess of 24
hours - $2/ft. per da
Small Craft Advisory
$50.00/hr. + boat hourly rate
Deckhand
$50/hr. (day rate);
$60/hr. (night rate
Crane Bare
$375 per hour
Pollution Disposal Fee
Actual fees paid
Boat Demolition — Up to 18'
$4,500
Boat Demolition — 19' to 30'
$6,000
Boat Demolition — 30' to 40'
$8,500
Boat Demolition — Over 40'
$12,000
Pacific Towing, LLC Page B-1 12-83
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code. The insurer waives any right of recovery the insurer may
have against the State of California because of payments the insurer makes
for injury or damage arising out of the work done under any City contract
with the State of California (e.g.: the Grant Agreement, as defined herein).
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement. A Waiver of Subrogation or Right to Recover endorsement in
favor of the State of California must be attached to the certificate.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury and property damage liability combined with a
two million dollars ($2,000,000) annual policy general aggregate. The
policy shall cover liability arising from premises, operations, independent
subcontractors, products, completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
Pacific Towing, LLC Page C-1 12-84
liability of another assumed in a business contract). This insurance shall
apply separately to each insured against whom claim is made or suit is
brought subject to the Consultant's limit of liability. The policy must include:
The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
Agreement.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Watercraft Liability Insurance. Consultant shall maintain watercraft
lability insurance with limits not less than $1,000,000 combined single limit
per accident. Such insurance shall cover liability arising out of the
maintenance and use of any watercraft (owned, hired, or non -owned). The
policy must include: The State of California, its officers, agents, employees,
and servants as additional insureds, but only with respect to work performed
that is connected with or related to the activities contemplated in this
Agreement.
E. U.S. Longshoremen's and Harbor Workers' Compensation Act Insurance.
Consultant shall provide coverage for all its employees for any injuries or
claims under the U.S. Longshoremen's and Harbor Workers' Compensation
Act, the Jones Act, or under laws, regulations, or statutes applicable to
maritime employees. By signing this Agreement, Consultant acknowledges
compliance with these regulations.
F. Environmental / Pollution Liability. Consultant shall maintain Pollution
Liability limits for not less than $1,000,000 per occurrence covering the
Consultant's liability for bodily injury, property damage and environmental
damage resulting from pollution and related cleanup costs incurred from or
arising out of the work or services to be performed under this Agreement.
The policy must include: The State of California, its officers, agents,
employees and servants as additional insureds, but only with respect to
work performed under the Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
Pacific Towing, LLC Page C-2 12-85
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
Pacific Towing, LLC Page C-3 12-86
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
Pacific Towing, LLC Page C-4 12-87
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Pacific Towing, LLC Page C-5 12-88
EXHIBIT D
Surrendered and Abandoned Vessel Exchange (SAVE -19)
Grant No. C19S0608, February 19, 2020
Pacific Towing, LLC Page D-1 12-89
GRANTEE:
GRANT TITLE:
GRANT AMOUNT:
GRANT NUMBER:
GRANT TERM:
FULLY EXECUTED:
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
City of Newport Beach
Department of Pads and Recreation
Accounting Sen•ices Section
FEB 2 4 2020
FY 2019120 Surrendered and Abandoned Vessel Exchange (SAVE)
$175,000.00
C19S0608
Effective: Date Fully Executed" through September 30, 2021
To be advised
CONTRACT NO
AMENDMENT NOSUPPLIER
ID
10000011771
PROJECT NO
137900THER
C19S0606
AMOUNT
FUND DESCRIPTION
AGENCY BILLING CODF NO
ENCUMBERED BY
Abandoned Watercraft Abatement Fund (SAVE -19)
053706
THIS DOCUMENT
$175,000.00
REPORTING
Approp. Ref. Fund
CHAPTER
STATUTE
FISCAL YEAR
STRUCTURE
3790-101-0577
23
2019
2019120
37900709
BUSINESS UNIT
INDEX
PROGRAM
ACTIVITY CODE
ACCOUNT
3790
AZ
f" ``%VA
2855023
69990
5432000
T.B.A. NO
1 hereby certify upon my own personal knowledge that the budgeted funds are available for this
encumbrance.
B.R.NO
ACCOUNTING OFFICER'SSI ---
DATE
-3/\-1 2.p
Contract # C19SOWS, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019!2020, Date- 12120!2019 Page: 2 of 37
12-90
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D,
E, F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: ��— --r
Printed Name: Yv Lwnj
Title of Authorized
Representative: Kibbe Y
Date: Z -13 - ZDZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ran Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager II
Date: `'I 1 I t ?A Ulf
�EWPO
APPROVED AS TO FORM:
CITY ATTORN QFfICE Attest:
Date•2 13 ZD 41R3rowjn.AMCG;,
Leilani 1. &CItyZierk 111ioRN
By.-
Fob; Aaron C. Harp, City Attorney Date: I AC2
µ,ur•ti5 W
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912420, Date: 1212012419 Page: 1 of 37
12-91
State of California – Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE:
City of Newport Beach
GRANT TITLE:
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE -19)
GRANT AMOUNT:
$175,000,00
GRANT NUMBER:
C19SO608
GRANT TERM:
Effective: Date Fully Executed` through September 30, 2021
FULLY EXECUTED:
To be advised
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C, D,
E, F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: ��— --r
Printed Name: Yv Lwnj
Title of Authorized
Representative: Kibbe Y
Date: Z -13 - ZDZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ran Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager II
Date: `'I 1 I t ?A Ulf
�EWPO
APPROVED AS TO FORM:
CITY ATTORN QFfICE Attest:
Date•2 13 ZD 41R3rowjn.AMCG;,
Leilani 1. &CItyZierk 111ioRN
By.-
Fob; Aaron C. Harp, City Attorney Date: I AC2
µ,ur•ti5 W
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912420, Date: 1212012419 Page: 1 of 37
12-91
STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
EXHIBIT A
SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2019/20
AUTHORIZED GRANT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Newport Beach
State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
City of Newport Beach
Name: Ron Kent
Grantee Representative*: Melanie Franceschini
Title: Program Administrator
Title: Administrative Analyst
Address:
One Capitol Mall, Suite 500
Sacramento, CA 95814
Address:
100 Civic Center Drive,
Newport Beach, CA 92627
Phone: (916) 327-1825
Phone: (949) 6443028
Fax:
Fax:
Email: ron.kent@parks.ca.gov
Email: mfranceschini@newportbeachca.gov
* Grantee representative information may only be changed by giving 30 days written notice to DBW.
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12-92
EXHIBIT B
Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program
1. NEEDS AND OBJECTIVES OF DBW
a. Pursuant to its authority under Harbors and Navigation Code section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof,
or any other partially submerged objects (hereinafter "eligible water hazards") which
pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the
Questionnaire, found in Exhibit A.
b. Pursuant to its authority under Harbors and Navigation Code Section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of surrendered vessels, or parts thereof, which are in danger of
being abandoned and has a likelihood of causing environmental degradation or
becoming a hazard to navigation within Grantee's jurisdiction as specified according
to the Grantee's Work Plan, found in Exhibit A.
2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL
The funds provided under this Agreement shall be used for the combined purposes of
Surrendered and Abandoned Vessels Exchange (SAVE) as follows:
a. Abatement, removal, storage andlor disposal of eligible Marine Debris. For
purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code
section 522(a):
"Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk,
beached, or allowed to remain in an unseaworthy or dilapidated condition upon
publicly owned submerged lands, salt marsh, or tidelands within the corporate limits
of any municipal corporation or other public corporation or entity having jurisdiction or
control over those lands, without its consent expressed by resolution of its legislative
body, for a period longer than 30 days without a watchman or other person being
maintained upon or near and in charge of the property, is abandoned property".
Harbors and Navigation Code, Section 525 (1)(A):
"...the Abandoned Watercraft Abatement Fund, which is hereby created as a special
fund. Moneys in the fund shall be used exclusively, upon appropriation by the
Legislature, for grants to be awarded by the department to local agencies for the
abatement, removal, storage, and disposal as public nuisances of any abandoned
property as described in Section 522 or for the disposal of surrendered vessels as
defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any
other partially submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property or private property with the
landowner's consent_
Harbors and Navigation Code, Section 550 (B):
" "Marine Debris" is a vessel or part of a vessel, including a derelict, wreck, hulk, or
part of any ship or other watercraft or dilapidated vessel. That is unseaworthy and not
reasonably fir or capable of being made fit to be used as a means of transportation
by water."
b. The funds provided under this Agreement shall not be utilized for abatement,
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12-93
removal, storage, or disposal of commercial vessels. Commercial vessels include
those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
C. If Grantee is reimbursed for the costs related to the abatement, removal, storage,
and/or disposal of an eligible water hazard by the registered or legal owner or other
person or entity known to have an interest in the water hazard, then the water hazard
shall no longer be eligible for funding under this Agreement. Grantee shall notify
DBW in writing of such reimbursement and shall return all funds disbursed by DBW
to Grantee with respect to such water hazard immediately.
d. Abatement, removal, storage and disposal of eligible surrendered vessels. For
purposes of this Agreement, "surrendered" is defined in Harbors and Navigation
Code section 526.1(a):
e. "'surrendered vessel' means a recreational vessel that the verified titleholder has
willingly surrendered to a willing agency under both of the following conditions:
(1) The public agency has determined in its sole discretion that the vessel is in
danger of being abandoned, and therefore has a likelihood of causing
environmental degradation or becoming a hazard to navigation.
(2) The decision to accept a vessel is based solely on the potential of the
vessel to likely be abandoned and cause environmental degradation or
become a hazard to navigation."
f. The funds provided under this Agreement shall not be utilized for surrender,
abatement, removal, storage, or disposal of commercial vessels. Commercial vessels
include those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
g. If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal
of a surrendered vessel by the registered or legal owner or other person or entity
known to have an interest in the vessel, then the vessel shall no longer be eligible for
funding under this Agreement. Grantee shall notify DBW in writing of such
reimbursement and shall return all funds disbursed by DBW to Grantee with respect
to such vessel immediately.
3. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to
inspect any site where Grantee or its subcontractors are performing work under this
Agreement.
4. ANNUAL MEETING
Grantee's representative or alternate shall participate in an annual one -day video or phone
conference conducted by DBW during the term of this agreement. Should the Grantee or
representative be unable to attend the meeting and cannot provide a substitute from the
agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend.
DBW must grant approval in writing in order for the Grantee not to be in breach of this
Agreement for failure to attend.
5. ACTIVITY/NON ACTIVITY: REPORTING REQUIREMENTS
a. Grantee shall provide quarterly reports to DBW describing the status of existing
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange jSAVE) Fiscal Year 201912020. Date: 12/20/2019 Page: 5 of 37
12-94
issues known, pending, or in progress.
b. Lack of quarterly reporting and/or removal activity within any twelve month period
during the term of this agreement is subject to possible revocation of grant.
6. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or
authorizations associated with treatment, removal, storage, or any other handling of
hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos,
and similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement.
Grantee shall be responsible for the proper and lawful handling, abatement, removal,
storage, and/or disposal of any hazardous substances encountered in the execution of this
Agreement.
7. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the
Harbors and Navigation Code regarding notices, hearings and liens in the
performance of this Agreement. Grantee (in conjunction with local law enforcement)
shall conduct a title search for all vessels presumed to be abandoned, as provided by
Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
and Navigation Code section 526.1 in the performance of this Agreement, requiring
that a surrendered vessel be that of the "verified titleholder."
F�,, �IL1
Grantee agrees to acknowledge DBW's financial support whenever work funded by this
Agreement is publicized in any news media, brochures, or other type of promotional material.
9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"),
the non-exclusive, royalty -free, perpetual and worldwide right and permission to use,
reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs,
motion pictures, caption information, and/or written quotes (hereinafter referred to collectively
as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising,
marketing, trade, broadcast, print, educational programs, or any other lawful purpose
whatsoever, in any and all media. In connection with the foregoing license, the Grantee
agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in
a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule,
disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP,
and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all
claims and demands arising out of or in connection with the use of the Photographs,
including without limitations, any and all claims for libel, defamation, invasion of privacy,
and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or
for the use of same. DBW may sell, assign, license, or transfer all rights granted to it
hereunder.
Grantee also grants DBW and its licensees the unrestricted right to use and disclose its
name in connection with use of the Photographs. The Grantee understands that it will not be
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paid for any use or right granted herein.
The Grantee understands and agrees that the Photographs may be used in whole or in part,
at any time. The license granted herein to DBW includes the right and permission to conduct
or have conducted such alterations to the Photographs as DBW deems necessary. Grantee
releases and discharges DBW and agrees to indemnify and hold DBW harmless from any
liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form,
loss or damage, whether intentional or otherwise, that may occur in the use of the
Photographs. The Grantee waives any right to inspect or approve any finished product,
advertising or other copy that may be used in connection therewith or the use to which it may
be applied.
The Grantee declares and avows that the Photographs it is submitting to DBW are its own
original work in all respects. The Grantee is the sole and exclusive owner of the
Photographs; they are free, clear, and unencumbered. No part of them is taken from or
based on any other work; no part infringes the copyright or any other right of any person; and
the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any
form whatever will not in any way, directly or indirectly, infringe on the rights of any person.
The Grantee agrees to indemnify and hold DBW harmless from and against any and all loss,
damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement,
penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by
reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any
libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify
and hold DBW harmless for any such amounts arising from its breach of any covenant,
representation, or warranty of this agreement.
10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel,
the Grantee shall obtain all necessary permits, authorizations, and documentation
necessitated by any applicable provision of law.
11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive
bidding process when awarding subcontracts to marine salvage companies under this
Agreement.
12. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all
of its contractors and subcontractors holds a valid business license and carries general
commercial liability insurance coverage sufficient to fully insure against any and all risks of
hazardous activities associated with the work to be performed under this Agreement; and
Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these
requirements, that Grantee itself carries general commercial liability insurance coverage
sufficient to fully insure against any and all risks of hazardous activities associated with the
work to be performed under this Agreement, whether performed by the Grantee, Grantee's
contractor(s), or Grantee's subcontractor(s). Grantee shall provide DBW with a certificate of
insurance from any contractor(s) and subcontractor(s) prior to the commencement of any
work under this Agreement.
13. TRAFFIC CONTROL AND TRAFFIC SAFETY
The Grantee shall provide for adequate traffic control and safety measures at any site where
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Grantee and its subcontractors will perform any work under this Agreement.
14. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject
to any cease and desist order not subject to review issued pursuant to Water Code section
13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
15 ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are
expressly incorporated herein. No amendment or variation of the terms of this Agreement
shall be valid unless made in writing, signed by the parties and approved as required.
16. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Commencement of
performance prior to approval of this Agreement will be at the Grantee's own risk.
17. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT
There are no Disabled Veteran Business Enterprise participation requirements with this
agreement.
18. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.
Grantee may provide a delegation of contracting authority from its local governing body that
by law has authority to contract. Altemabvely, Grantee shall provide DBW with a resolution,
order, motion, or ordinance of its local governing body that by law has authority to contract,
authorizing execution of this Agreement.
19. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the
State of California for all work to be performed under this Agreement_ By signing this
Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination
Program requirements of Government Code section 12990 (a -f) and Title 2, California Code
of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section
7285 et. seq. of the Fair Employment and Housing Act; (c) Drug -Free Workplace requirement
of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of
Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C.
section 12101 et seq.
20. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers
or employees of DBW or agents of the State of California.
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21. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a
hazardous activity. Grantee therefore must maintain commercial general liability insurance in
an amount and of a type acceptable to DBW and to the Department of General Services/
Office of Risk and Insurance Management (ORIM).
GENERAL PROVISIONS APPLYING TO ALL POLICIES
a. Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If
insurance expires during the term of the grant, a new certificate must be
received by the Division at least ten (10) days prior to the expiration of this
insurance. Any new insurance must still comply with the original terms of
the grant.
b. Policy cancellation or termination & notice of non -renewal
Insurance policies shall contain a provision stating coverage will not be
cancelled without 30 days prior written notice to the Division. In the event
Grantee fails to keep in effect at all times the specified insurance coverage,
the Division may, in addition to any other remedies it may have, terminate
this Agreement upon the occurrence of such event, subject to the
provisions of this Agreement.
C. Deductible
Grantee is responsible for any deductible or self-insured retention
contained within their insurance program.
d. Primary clause
Any required insurance contained in this Agreement shall be primary, and
not excess or contributory, to any other insurance carried by the State.
e. Insurance carrier required rating
All insurance companies must carry a rating acceptable to ORIM. If the
Grantee is self-insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required by DBW or
ORIM.
f. Endorsements
Any required endorsements requested by the Division must be physically
attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
g. Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee's obligations
under the Agreement.
h. Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of subcontractor's
insurance to the State when requested equal to policies, coverages, and
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limits required of Grantee.
2. INSURANCE REQUIREMENTS
a. Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with
limits of not less than $1,000,000 per occurrence for bodily injury and
property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent subcontractors, products, completed
operations, personal and advertising injury, and liability assumed under an
insured contract. This insurance shall apply separately to each insured
against whom claim is made or suit is brought subject to the Grantee's limit
of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of insurance to the
State equal to policies, coverages and limits required of Grantee.
b. Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than
$1,000,000 combined single limit per accident. Such insurance shall cover
liability arising out of a motor vehicle including owned, hired and non -
owned motor vehicles.
C. Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less
than $1,000,000 combined single limit per accident. Such insurance shall
cover liability arising out of the maintenance and use of any watercraft
(owned, hired or non -owned). The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed that is
connected with or related to the activities contemplated in this Agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
d. Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker's compensation and
employer's liability coverage for all its employees who will be engaged in
the performance of the Agreement. Employer's liability limits of $1,000,000
are required. The insurer waives any right of recovery the insurer may have
against the State because of payments the insurer makes for injury or
damage arising out of the work done under contract with the State. A
Waiver of Subrogation or Right to Recover endorsement in favor of the
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State must be attached to certificate.
If applicable, Grantee shall provide coverage for all its employees for any
injuries or claims under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act or under laws, regulations, or statutes
applicable to maritime employees. By signing this contract, Grantee
acknowledges compliance with these regulations.
e. Environmental/Pollution Liability
Grantee shall maintain Pollution Liability for limits not less than $1,000,000
occurrence covering the Grantee's liability for bodily injury, property
damage and environmental damage resulting from pollution and related
cleanup costs incurred arising out of the work or services to be performed
under this contract. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
Coverage shall be provided for both work performed on site and during
transportation as well as proper disposal of hazardous materials.
3. Self -Insurance
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall
provide evidence of self-insurance when requested by DBW. Review of financial
information including a letter of credit may be required. The Division reserves the
right to request financial information.
4. Statement of Insurance Coverage:
Grantee certifies and agrees that they have all required insurance coverages as
stated in the grant agreement, which will be in effect for the entire term of the
agreement.
Approver initials : (; L Date: Z / l 3/ ZOZa
Name: Gt-,c,, A . Levnq
Title: C I � V M zynik ✓
22. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written
notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term
of this agreement, DBW may, in addition to other remedies it may have, terminate
this agreement upon two days written notice.
C. DBW may, by two-day written notice to Grantee and without any prejudice to its other
remedies, terminate this agreement because of failure of Grantee to fulfill any of the
requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately
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discontinue all removal and disposal activities affected, unless the notice directs
otherwise. In such event, DBW shall pay Grantee only for removal and disposal
activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced
funds. At DBW's sole discretion, DBW may offer an opportunity to cure any breach
prior to terminating for default.
23. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
24. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the
department pursuant to subparagraph (A) shall be matched by a 10 -percent
contribution from the local agency receiving the grant."
b. The 10 -percent contribution is in addition to funds awarded in the grant and may be
made by cash and/or in-kind contributions which may include personnel hours (net
hourly rate only with no benefits included) excessive removal and/or storage fees,
and other expenses with advance DBW approval.
C. if using personnel hours for in-kind match, only net, raw hours will be accepted and
verification of in-kind contribution is required with reimbursement request(s). The
statement of in-kind hours must include:
a. Activity date
b. Vessellissue name or description
C. Personnel name
d. Description of service provided
e. Number of hours provided by each person
Hourly rate and total value
Use the form provided on DBW's website at www.dbw.ca.gov under Grants & Loans,
or the online grant system, OLGA, available on DBW's website.
e. The burden of proof in complying with the 10 -percent contribution requirement is the
responsibility of the grantee. Grant funds will not be disbursed until the grantee has
provided DBW with acceptable documentation that it complied with the 10 -percent
contribution requirement for each disbursement.
25. BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
DBW will reimburse the Grantee for the following expenditures provided by
Grantee's service providers, contractors and/or subcontractors, within the
scope of the SAVE program for AWAF issues associated with:
i. Raising of submerged vessels and associated hazardous materials
ii. Removal of Recreational Vessels and associated hazardous materials from
navigable waterways or adjacent shorelines
iii. Removal and disposal of hazardous materials from Recreational Vessels
iv. Towing
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V. Storage:
1) Without lien sale: 60 days maximum
2) With lien sale: 90 days maximum with justification
3) If stored onsite at Grantee's facility, 50% of the normal rate of
charge to the public will be reimbursed, and fee schedule is
required for verification.
vi. Lien sale expenses: fees charged by lien sale service companies, postage,
DMV fees, and advertising costs
vii. Public notice adverbsing
viii. Vessel appraisal
ix. Salvage and demolition
2. DBW will reimburse the Grantee for the following expenditures provided by Grantee's
Service providers, contractors and/or subcontractors, within the scope of the SAVE
program for VTIP issues:
i. Disposal of Surrendered Recreational Vessels
ii. Removal and Disposal of hazardous materials from Recreational Vessels
iii. Towing of Recreational Vessels from Agency to disposal site
3. Navigational hazard removal and destruction may be considered with advanced
written approval from DBW. Inquire in advance of completing work with
documentation, photos, and narrative as to why the item is a navigational hazard
4. Other items directly related to SAVE activities that could create long-term cost
efficiencies of vessel removal, disposal and turn -in may be considered for
reimbursement with pre -approval in writing from DBW.
b. Reimbursement claim forms:
Forms are available on DBW's website under the Grants & Loans tab under the
appropriate link for SAVE, AWAF and/or VTIP (until further notice, use the SAVE,
AWAF or VTIP reimbursement forms as needed for each specific type of removal):
Grantee must sign and date each reimbursement claim form in blue ink and submit
with the following documents to DBW:
C. Invoices from service providers, contractors and/or subcontractors to Grantee:
Invoices must contain the following:
1. Name and address of Grantee
2.
Contract or invoice number
3.
Description of service performed
4.
Date the service was performed
5.
Location of each service
6.
Vessel name, CF# or HIN# if available; otherwise, description of vessel
7.
Signature confirming the claim is accurate and true under penalty of perjury
d. Proof
of payment for all invoices.
The following acceptable forms of proof are:
1.
Cancelled check (with bank's cancelled stamp on back of check copy)
2.
Credit card statement with charge and payment posted, along with copy of
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charge slip
3. Invoices from service provider showing zero balance
4. Proof of Accounting Clearing House (ACH) or electronic transfer showing
date, amount and transaction confirmation number.
e. 10% in-kind match contribution statement:
1. If Grantee is matching the 10% requirement with in-kind services, complete
the following form located on DBW's website and submit with each claim:
http://www.dbw.ca.gov/PDF/Funding/DPR265.pdf
2. Net, hourly rates only will be accepted. Grantee must include verification of
net rates with first claim and each time rates are changed.
f. Photos of vessels (Required)
-with CF numbers visible if available
g. (VTIP ONLY) Statement of Vessel Release of Interest and Ownership:
To be completed and signed by owner(s). Grantee may provide their own release
form to vessel owners for completion. A sample of this release form is located on our
website:
http://www.dbw.ca.gov/PDF/Funding/SAMPLE_Release_of Interest_and_LiabilRy_F
orm.pdf
NOTE: (VTIP ONLY) Vessel ownership verification is required; however, it is not
required that boat owners bring their registration up to date in order to
surrender their vessel through the VTIP.
h. Reimbursement claims and support documents (as indicated above) are to be
submitted to DBW at:
Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
Attention: SAVE Unit
Submission of fraudulent invoices or other claim documentation is a breach of this
Agreement, which shall result in forfeiture of all funds advanced and provided under
this Agreement.
j. All requests for payment must be submitted to DBW no later than 30 days after the
expiration date of the agreement. DBW is not obligated to make payment on any
reimbursement request(s) received or for any services completed after this date.
Refer to "Fully Executed" letter for additional reimbursement request
requirements.
26. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program; this Agreement shall be of no further force and effect. In this event, DBW
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform
any provisions of this Agreement_
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B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, DBW shall have the option to either cancel this Agreement with no
liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the
reduced amount.
27. INDEMNIFICATION
Grantee shall be responsible for, and DPR shall not be answerable or accountable in any
manner for, any loss or expense by reason of any damage or injury to person or property, or
both, arising out of or related in any way to activities carried out by Grantee, its agents,
officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall
protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees
against any and all actions, claims, and damages to persons or property, penalties,
obligations and liabilities that may be asserted or claimed by any person, firm, association,
entity, corporation, political subdivision, or other organization or person arising out of or in
connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder,
whether or not there is concurrent passive negligence on the part of DPR, its agents, officers,
and/or employees.
28. FUNDS ASSIST
a. PROCESS
The Funds Assist process has been developed by DBW as a method for grantees with
excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is
a voluntary action (by both agencies) until within three (3) months of the expiration date of the
grant at which time it will become a required action of those agencies with remaining grant
balances, at DBW's discretion.
The Funds Assist process works as follows:
1) An introduction is made by DBW between the agency with excessive funds (Agency A)
and the agency in need (Agency B).
2) A deadline shall be imposed by DBW for the work to be completed by Agency B.
3) Agency B pays for all contractor invoices, as is required with the SAVE grant.
4) The 10% required match is the obligation of Agency B and may be met with cash, in-
kind services, or a combination of both.
5) To obtain reimbursement, Agency B will required to supply the following to Agency A:
a. A Tax Identification Form (W -g)
b. All requirements/documents apply as outlined in this agreement under #26
C. A statement on Agency B's letterhead invoicing Agency A for the total
reimbursement request.
d. Copies of completed forms and support documents to DBW for pre -
approval.
6) Agency A completes the following actions:
a. Upon approval by DBW, pay Agency B the invoiced amount within 30 days
and record as a pass-through grant (or use your accounting method
preference).
b. Complete DBW's AWAF and/or VTIP Reimbursement Claim Form and
attach all supporting documents as listed in item b, c & d above, including
the verification of payment to Agency B i.e., cancelled check or statement
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from Agency B of payment received.
C. Email the documents to the DBW program administrator for review. Once
reviewed and approved, send finalized claim forms to DBW for payment
processing.
DBW will act as a courtesy liaison between the agencies to ensure (as much as possible)
that documents are correctly processed.
b. INDEMNIFICATION
Grantee and sub grantee (hereafter known an Agency A and Agency B) shall be responsible
for, and DPR shall not be answerable or accountable in any manner for, any loss or expense
by reason of any damage or injury to person or property, or both, arising out of or related in
any way to activities carried out by Agency A and B, its agents, officers, contractors,
subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold
harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and
all actions, claims, and damages to persons or property, penalties, obligations and liabilities
that may be asserted or claimed by any person, firm, association, entity, corporation, political
subdivision, or other organization or person arising out of or in connection with Agency A and
B's contractor's or subcontractor's activities hereunder, whether or not there is concurrent
passive negligence on the part of DPR, its agents, officers, and/or employees.
If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for
removal project, and receives assistance through the Funds Assist process, all provisions of
the SAVE grant applies.
Approver initials: & L- Date: Z' 13 - ZOZO
Name: Grace
Title: C~hl Mvnrctc�
29. 90 -DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90
days of the date of issuance according to the instructions issued by DBW with the grant
agreement. If extenuating circumstances prevent the ability of the agency to meet this
deadline, approval from DBW must be obtained in writing. DBW retains the right to determine
approval or denial of extensions.
30. ANTI -CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied
cases whereby a contractor, subcontractor or other service provider increases their fee(s) due
to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE
grant in order to increase their fee(s), for possible investigation of price gouging. A two year
history of charges applied to work of all known SAVE grant work by that contractor will be
required by DBW for review.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Grantee may not commence performance until
such approval has been obtained.
2. EFFECTIVE DATE:
Effective date means either the start date or the approval date by the Department of General
Services (DGS), whichever is later. In cases where DGS approval is not required, this
Agreement is of no force or effect until the date of the last DBW signature. No work shall
commence until the effective date.
3. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in the Agreement is binding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
5. AUDIT:
Grantee agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Grantee agrees to maintain such records for possible audit for a minimum
of three (3) years after final payment, unless a longer period of records retention is
stipulated. Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, Grantee agrees to include a similar right of the
State to audit records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1896).
6. INDEMNIFICATION:
Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by the subcontractor or
Grantee in the performance of this Agreement.
DISPUTES:
Grantee shall continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the
Grantee fail to perform the requirements of this Agreement at the time and in the manner
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herein provided. In the event of such termination the State may proceed with the work in any
manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee
upon demand.
9_ RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of post consumer material as defined in the Public Contract Code Section 12200,
in products, materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209_ With respect to
printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Grantee and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.)
and the applicable regulations promulgated thereunder (California Code of Regulations, Title
2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Grantee and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 307 are hereby
incorporated by reference and made a part of this Agreement by this reference as if attached
hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of
Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1.
14. GOVERNING LAW:
This Agreement is governed by and shall be interpreted in accordance with the laws of the
State of Califomia.
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15. ANTITRUST CLAIMS:
The Grantee by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, the Grantee shall comply with the requirements of
the Government Codes Sections set out below.
The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section
4552.
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.
Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with
Public Contract Code 7110, that:
The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
The Grantee, to the best of its knowledge is fully complying with the earnings
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assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Agreement includes services in excess of $200,000, the Grantee shall give priority
consideration in filling vacancies in positions funded by the agreement to qualified recipients
of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business
participation, then Grantee must within 60 days of receiving final payment under this
Agreement (or within such other time period as may be specified elsewhere in this
Agreement) report to the awarding department the actual percentage of small
business participation that was achieved. (Govt. Code § 14841.)
b. If for this Agreement Grantee made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Grantee must within 60 days of
receiving final payment under this Agreement (or within such other time period as
may be specified elsewhere in this Agreement) certify in a report to the awarding
department: (1) the total amount the prime Grantee received under the Agreement;
(2) the name and address of the DVBE(s) that participated in the performance of the
Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all
payments under the Agreement have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader' as defined in Section 17030 of
the Business and Professions Code. (PCC 10344(e).)
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Ali
EXHIBIT D
rFRTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the
laws of the State of California.
Grantee Agency Name (Printed)
Federal ID Number
City of Newport Beach
95-6000751
By (Authorized Signature)
Printed Name and Title of Per on Signing
r aCe V\ Leunq n -i,-9 em,
Date Executed
Executed in the County of
Z /)'5 / ZdZD
Orange
GRANTEE CERTIFICATION CLAUSES
1_ STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements.
(Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -tree workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and Grantee may be ineligible for award
of any future State agreements if the department determines that any of the following has
occurred: the Grantee has made false certification, or violated the certification by failing to
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carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by
a Federal court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court, which orders
Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10286) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of
the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro
bono legal services during each year of the agreement equal to the lessor of 30 multiplied by
the number of full time attorneys in the firm's offices in the State, with the number of hours
prorated on an actual day basis for any contract period of less than a full year or 10% of its
agreement with the State.
Failure to make a good faith effort may be cause for non -renewal of a state agreement for
legal services, and may be taken into account when determining the award of future
contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate
corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is
eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment,
materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor,
forced labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The Grantee further
declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at
www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the Grantee's
compliance with the requirements under paragraph (a).
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7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.3.
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EXHIBIT E
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
I. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state
employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (PCC 10410):
1) No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (PCC 10411):
1) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in any
of the negotiations, transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any capacity by any state
agency.
2) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she
was employed by that state agency in a policy-making position in the same general
subject area as the proposed contract within the 12 -month period prior to his or her
leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission,
payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODEIWORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured
against liability for Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon
receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment. Any changes of the Grantee's representative shall be notified to DBW within 30
days written notice on Grantee's letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate Grantee performing
within the state not be subject to the franchise tax.
C. Both domestic and foreign corporations (those incorporated outside of Califomia)
must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the
Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local goveming body which by law has authority
to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not
subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other
governmental entity.
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EXHIBIT F
Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or
services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract
Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California
Legislature and signed into law by the Governor to preclude State agencies generally from contracting
with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur
region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code
section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a
contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within
the previous three years has had) business activities or other operations outside of the United States
to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency.
(See # 1 on the sample Attachment).
A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency
for goods or services if the company first obtains permission from the Department of General Services
(DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the
sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification
requirements of bidders and proposers.
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EXHIBIT F — DARFUR CONTRACTING ACT
Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the
previous three years has had business activities or other operations outside of the United States, it
must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476.
Therefore, to be eligible to submit a bid or proposal, please complete only one of the following
three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification
for Paragraph # 3): YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR
PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR
PARAGRAPH #3 INITIALED AND CERTIFIED.
PeLl We do not currently have, or we have not had within the previous three years, business
activities or other operations outside of the United States.
OR
2. We are a scrutinized company as defined in Public Contract Code section 10476, but we
have received written permission from the Department of General Services (DGS) to submit
a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written
permission from DGS is included with our bid or proposal.
OR
3. We currently have, or we have had within the previous three years, business activities or
other operations outside of the United States, but we certify below that we are not a
scrutinized company as defined in Public Contract Code section 10476.
CERTIFICATION For # 3.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective proposeribidder to the clause listed above in # 3. This certification is
made under the laws of the State of California.
Grantee Agency Name (Printed)
City of Newport Beach
Federal ID Number
95-6000751
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Orange
YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL
INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3
INITIALED AND CERTIFIED
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
General
1 Applicant information
a.
Applicant Name
City of Newport Beach
b.
Organizational Unit
c.
Address
100 Civic Center Drive
d.
Address 2
e.
City
Newport Beach
State CA Zip 92660
f.
Federal ID Number
95-6000751
Reference No.
g.
Agency Type
(. City
r County
r Federally or State Recognized Native American Tribe
r District
2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year
2019/2020
b. Is implementing agency same as Applicant r Yes r No
c. Implementing Agency Name
d. Project Start Date Oct -01-2019 End Date Sep -30-2021
e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3 Contacts
a. Project Administrator
Name Melanie Franceschini
Title Administrative Analyst
Mailing Address 100 Civic Center Drive
City Newport Beach State CA Zip 92660
Telephone (949) 644-3028 Fax
E-mail Address mfranceschini@newportbeachca.gov
b. Project Administrator
Name Kurt Borsting
Title Harbormaster
Mailing Address 1600 W. Balboa Boulevard
City Newport Beach State CA Zip 92663
Telephone (949)270-8158 Fax
E-mail Address kborsdng@newportbeachca.gov
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Agency Type and Area of Responsibility (AOR)
Newport Harbor is one of the largest, small craft recreational harbors on the California Coast. Home to
approximately 4,500 vessels, Newport Harbor is a welcome port to many boaters as they cruise the Pacific or travel
within their home waters. The City of Newport Beach (City) manages many of the visitor -serving amenities within the
harbor. The goal of the City's Harbor Department is to provide information and services to harbor users whether
they are boating visitors, anchor their vessel year round or call the harbor home. The City also encourages public
access to the water, providing and maintaining slips and moorings available to rent for guests and locals alike. The
City operates five public pump outs, two marinas and twelve public docks. However, with the accessibility to these
public recreational amenities also comes abandonment, illegal berthing and derelict vessels. The City works with
vessel owners encouraging them to maintain their vessels in a seaworthy and operable manner. However, legal
action is sometimes required to handle impounds, liens, junking and demolition of vessels. Historically, the City has
assisted boaters in Newport Harbor, nearby harbors and even those with trailered boats, with the process of turning
in derelict vessels and removing those that inhibit the enjoyment and safety of harbor waters.
2. Statement of Need
The City has demonstrated both the need to remediate problem vessels through Abandoned Watercraft Abatement
Fund (AWAF), as well as the ability to assist boaters with Vessel Tum in Program (VTIP). The City was the recipient
of the SAVE 2017/18 grant and is close to exhausting ail funds. With the help of the SAVE grant during this most
recent cycle, the City was able to remove and demolish more than 25 vessels. In addition, through the City's Code
Enforcement efforts approximately 200 cases were managed associated with the vessels that were either
inoperable, unseaworthy or in some state of disrepair. Of those cases, approximately 30 could have resulted in
abandonment if not for the efforts of the City to work to have the vessel owner remediate their condition.
Interested parties from all over the county continue to inquire as to how the City's grant funding can be used to
assist them. We currently have a VTIP waitlist of 12 vessels, in addition to 16 other vessels owners that have
expressed interest of adding their boats to the list.
The City of Newport Beach works to address abandoned watercraft in Newport Harbor. Duties to mitigate vessels
include:
• Regular and focused communication with vessel owners;
• Relocation of problem vessels;
• Pumping out vessels that have taken on water;
• Processing DMV paperwork for liens, junking, etc.; and
• Coordination with local marine contractors and shipyards to relocate vessels for haul -out and demolition
a. List of ADV's/VTIP vessels
List of current Abandon Derelict Vessels (ADV)/VTIP vessels and estimate of cost to remove them.
ADV / VTiP
Estimated Cost
Current ADV's 15 ea
44,130
Current \MP 7 ea
23,200
Estimate of ADV's
46,335
Estimate of VTIP
61,335
TOTAL 175,000
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy
and Paste the URL (http:/Iwww.legislature.Ga.gov/legislators_and_districts/districts/districts.html) in your browser
to determine the State Senate district(s).
r State Senate 01
r State Senate 02
r State Senate 03
r State Senate 04
r State Senate 05
r State Senate 06
r State Senate 07
r State Senate 08
r State Senate 09
r State Senate 10
r State Senate 11
r State Senate 12
r State Senate 13
r State Senate 14
r State Senate 15
r State Senate 16
r State Senate 17
r State Senate 18
r State Senate 19
r State Senate 20
r- State Senate 21
r State Senate 22
r State Senate 23
r State Senate 24
r State Senate 25
r State Senate 26
r State Senate 27
r State Senate 28
r State Senate 29
r state Senate 30
r State Senate 31
r State Senate 32
r State Senate 33
r State Senate 34
r State Senate 35
r State Senate 36
I✓ State Senate 37
r State Senate 38
r State Senate 39
r State Senate 40
2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.
Copy and Paste the URL (http://www.legislature.ca.govAegislators_and districtsidistricWdistricts.html) in your
browser to determine the State Assembly district(s).
F State Assembly 01
r- State Assembly 05
r State Assembly 09
r State Assembly 13
r State Assembly 17
r State Assembly 21
rState Assembly 25
r Slate Assembly 29
F State Assembly 33
r State Assembly 37
F State Assembly 41
r State Assembly 45
r State Assembly 49
r State Assembly 53
r State Assembly 57
F State Assembly 61
r State Assembly 65
r State Assembly 69
r State Assembly 73
F State Assembly 77
I- State Assembly 02
r State Assembly 06
T- State Assembly 10
r State Assembly 14
F State Assembly 18
I- State Assembly 22
r State Assembly 26
r State Assembly 30
r— State Assembly 34
r State Assembly 38
r State Assembly 42
r State Assembly 46
r State Assembly 50
r State Assembly 54
r State Assembly 5B
r State Assembly 62
F State Assembly 66
r State Assembly 70
F State Assembly 74
F- State Assembly 78
3. California Congressional Districts
r State Assembly 03
r State Assembly 07
r State Assembly 11
I- State Assembly 15
r State Assembly 19
r State Assembly 23
r State Assembly 27
F State Assembly 31
r State Assembly 35
I- State Assembly 39
I- State Assembly 43
r State Assembly 47
r State Assembly 51
r State Assembly 55
r State Assembly 59
r State Assembly 63
F State Assembly 67
r State Assembly 71
r State Assembly 75
r State Assembly 79
F State Assembly 04
r State Assembly 08
I- State Assembly 12
r State Assembly 16
r State Assembly 20
r State Assembly 24
r State Assembly 28
r State Assembly 32
r State Assembly 36
r State Assembly 40
r State Assembly 44
r State Assembly 48
r State Assembly 52
r State Assembly 56
F State Assembly 60
r State Assembly 64
r State Assembly 68
r State Assembly 72
F State Assembly 76
r State Assembly 80
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the
Congressional district(s).
r Congressional District 1
r Congressional District 4
r Congressional District 7
!Congressional District 10
!Congressional District 13
r Congressional District 16
F Congressional District 19
r Congressional District 2
F Congressional District 5
r Congressional District 8
r Congressional District 11
r Congressional District 14
r Congressional District 17
r Congressional District 20
r Congressional District 3
r Congressional District 6
r Congressional District 9
r- Congressional District 12
r Congressional District 15
r Congressional District 18
r Congressional District 21
Contract # C19S0608, City or Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2019!2020, Date: 12/20/2019 Page: 31 of 37
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4.
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
F Congressional District 22
r -Congressional District 25
r- Congressional District 28
r Congressional District 31
[-Congressional District 34
r Congressional District 37
r- Congressional District 40
r Congressional District 43
r Congressional District 46
r Congressional District 49
F Congressional District 52
I- Congressional District 23
r Congressional District 26
r Congressional District 29
r Congressional District 32
r Congressional District 35
F Congressional District 38
F Congressional District 41
F Congressional District 44
I- Congressional District 47
f- Congressional District 50
f Congressional District 53
I- Congressional District 24
r Congressional District 27
r Congressional District 30
F Congressional District 33
r Congressional District 36
F Congressional District 39
F Congressional District 42
f- Congressional District 45
I7%.' Congressional District 48
I- Congressional District 51
County
Select one or more of the California Counties where the proposed project
activities will occur.
r Alameda
F Alpine
r- Amador
r Butte
F Calaveras
r-ContraCosta
F Del Norte
r- Dorado
r Fresno
r" Glenn
r-
r Inyo
r Kern
(- Kings
r- Lake
F Los Angeles
r Madera
r Marin
F Mariposa
F Mendocino
F Modoc
r Mono
r Monterey
F Napa
F Nevada
r Placer
F Plumas
r Riverside
r Sacramento
r San Benito
r San Diego r San Francisco F San Joaquin
17- Santa Clara r Santa Cruz r Shasta
r Sonoma r Stanislaus r Sutter
F Tuolumne r Ventura F Yolo
r- San Luis
Obispo
F Sierra
F Tehama
F Yuba
r San Mateo
r Siskiyou
F Trinity
F Colusa
I- Humboldt
r Lassen
r Merced
ry Orange
r San
Bernardino
r Santa Barbara
r Solano
F Tulare
Contract # C19S0608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date: 12!2012019 Page: 32 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Legal authority to remove abandoned vessels
The City of Newport Beach is the lead agency in Newport Harbor, according to State of California Tidelands Grant
Section 1, Chapter 74, Statutes of 1978, and partners with the Orange County Sheriffs Department to enforce
boating safety. The O.C. Sheriffs Department Harbor Patrol has jurisdiction in Newport Harbor according to Harbors
and Navigation Code 510.
2. Agency Experience
As one of the largest small craft recreational harbors on the west coast, Newport Harbor welcomes and serves
transient and local boaters alike. However, over the years, some boaters have found themselves financially unable
to maintain their vessels, opting to tum in their vessel or simply letting the vessel become derelict and/or
abandoned. Transient boaters frequently abandon vessels in Newport Harbor with the idea that the local agencies
will remediate the blight.
The City of Newport Beach has previously received funding for VTIP and AWAF through multiple grant cycles. In FY
2014-2016, the City received $125,700. In FY 2017 - 2019, the City received $125,000 in SAVE Grant aid. Apart
from serving the needs of the Newport Harbor, the City works with the County of Orange to abate vessels from
coastal waterways and receive tum -ins from the local inland areas and other counties. The City is seeking an
increase in funds in order to further assist the many boat owners who are unable to financially maintain their boats
and are currently on a waitlist for VTIP. Current remaining SAVE Grant funds only suffice for at risk Abandoned and
Derelict Vessels (ADV) that have the potential to sink and are currently occupying space on City moorings and dingy
racks, inhibiting further public use of moorings and dingy racks.
City of Newport Beach staff has extensive experience working with boaters as they request assistance turning in
vessels. Due to the cost of hauling out and maintenance, some boaters resort to abandoning their vessels. In those
cases, the City of Newport Beach takes action to relocate, investigate the case and ultimately demolish the vessels.
The current SAVE agreement between the City and the State is nearly exhausted. At this time, there are
approximately 10 impounded and abandoned boats that the City will demolish pending a new grant agreement. In
addition, there are numerous parties on waitiist who have expressed interest in taking advantage of the VTIP
program should the City receive additional funding.
3a. Adjudication Procedures -identifying ADWs
The City of Newport Beach's Harbor Department along with the OC Sheriffs Department Harbor Patrol work to
identify problem vessels and make contact with the vessel owners. Staff will determine whether the vessel can be
brought into compliance and vessel owners are encouraged to work on their vessels. Other vessels that are
inoperable and not seaworthy are also solicited for the VTIP program.
City Harbor Department staff patrol the waters of Newport Harbor and identify vessel condition and ownership. The
City Harbor Department staff enforce Newport Beach Municipal Code Chapter 17, also known as the Harbor Code.
Since using the SAVE grant, the intensity of abandoned vessels have decreased due to the VTIP option. Staff
encourages owners of derelict and neglected vessels to tum in their vessels, and make the process as easy as
possible for those owners. However, there are instances when vessels are abandoned in the public anchorage,
piers and mooring fields.
3 b. Adjudication Procedures - Removal Process
Large vessels that are abandoned or impounded are secured and locked to an offshore mooring. Small crafts are
hauled into dry storage. Staff attempts notification to the last owner for all vessels with identification markings (CF
Numbers or federal registration), especially those valued over $1,500. Small crafts such as dinghies, rowboats,
kayaks and other non -registered craft are auctioned to the public on a regular basis.
3 c. Adjudication Procedures - Lien proceedures
The City follows a multi -step adjudication process. The process begins by requesting vessel information from the
Contract # C19S0808, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020. Date' 12120/2019 Page: 33 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Police Department's DMV information log, in attempts to identify the registered owner of the vessel. Once the City
obtains the registered owner's name and address, the City notifies the owner, via certified mail, that their vessel has
been impounded due to code enforcement violations or for abandonment. After at least 30 days and up to 90 days,
if the registered owner has not contacted the City, the vessel is prepared for a lien sale. For vessels with a value
over $1,500, the City submits a DMV Application for Lien Sale Authorization. In addition, the City notified the owner
and any interested parties of a pending Lien Sale, in addition to outlining how the vessel may be claimed before the
auction. The City then advertises the upcoming auction on the City's website and in local newspapers. On the
auction date, if the vessel is sold, the City holds the property for 10 days before releasing it to the buyer. If the
vessel is not sold. then bids are collected from our contractors for its destruction and removal.
3 d. Adjudication Procedures - Destruction of Vessels
The City's grant funding is used specifically for the destruction and removal of larger vessels that are costly and
have had DMV or USCG documentation records. Following the auction, if a vessel is not sold and has a dear title,
the City requests bids from qualified contractors for the vessel's destruction. The City then moves forward with the
lowest qualifying bid and authorizes the destruction.
4 a. Vessel Registration
Does your agency regularly check vessels in your AOR for current registrations? r. Yes r No
4 b. Agency prevention efforts of abandoned vessels
The City of Newport Beach Harbor Department staff works with the boating community to keep vessels seaworthy
and operable. Harbor Department staff conducts patrols of the offshore mooring field, anchorage, public piers and
marinas, actively inspecting vessel conditions. Staff investigates reports of distressed vessels and when issues of
concern are discovered, they make contact with owner on record. All mooring permittees are required to submit
proof of vessel insurance. All short-term mooring renters and marina slip tenants are also required to demonstrate
proof of insurance. Annually, mooring live-aboards are required to demonstrate vessel operability and
seaworthiness, as well as showing that the holding tank is in good working order and free of leaks. The Newport
Beach Harbor Commission supports staff in the identification and remediation of problem vessels.
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3. Application Cluestionnaire
Does your agency have an active local enforcement program tasked with {; Yes (' No
addressing abandoned vessels in your jurisdiction?
If yes, explain in detail. If no, elaborate on City Harbor Department staff works with the City Code
your agency's efforts to create a program Enforcement staff to identify vessels that may be a potential or
or if you utilize enforcement services from existing problem. Owners are notified to bring vessels into
another agency and how. compliance or utilize VTIP. Owners may be issued a Notice of
Violation if they fail to bring vessels into compliance. Other
vessels that are abandoned or have no identifiable owner are
put in line for AWAF. Vessel condition is taken into
consideration when prioritizing enforcement and use of SAVE
funds for demolition. Those vessels at risk of sinking or which
represent other hazardous conditions are always given priority.
2. Does your agency have a submerged navigational hazard abatement plan {; Yes r` No
(SNHAP)? This may include: 1) An established internal process outlining
procedures to prevent, mitigate and process abandoned vessels; 2) Bylaws,
regulations, or ordinances that help prevent or mitigate abandoned vessels.
3.
4.
If Yes, provide plan documentation_ Upload Submerged Navigational Hazard Abatement Plan (SNHAP)
documents here.
SNHAP Documentation Title
Attachment
City of Newport Beach Municipal Code - Harbor
22550_0_NB Municipal Code
to
If No, explain your agency's efforts to
create a SNHAP and anticipated date of
effect.
List by name and size the bodies of water or waterways in your agency's area of responsibility. If you wish
to add maps or photos, please click on the BLUE arrow below to upload.
Name
Size
Attachment
Newport Harbor Resources Map
800 Acres
22555 0 MAP
Newport Harbor Main Map
22555 p
Newport Harbor Satellite Image
22555 2 Satel
temfi Fe
al —a p–. '.w"
To provide additional information, please click on the Blue
Arrow to add an attachment
Contract # C1950606. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) F2cai Year 201912020. Oats: 17120!2019 Page: 35 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Outreach 1 Advertising plan for implementing and / or increase the Vessel Turn -In Program
The Newport Beach City Council and Harbor Commission have an active interest in the condition of
vessels in Newport Harbor_ Staff regularly reports to Council and Commission on the progress or
remediating derelict vessels from the Harbor and those either trailered or towed for disposal. Interested
parties contact staff directly. The DBW SAVE Grant webpage directs people to contact the City on the
webpage. In the coming year, along with additional funding, the City would like to set aside a portion of the
SAVE Grant to specifically service VTIP vessels. The City has prepared a webpage and flyers for further
outreach. The City will also order VTIP flyers from the Division of Boating and Waterways.
Newport Harbor is home to 1,200 moorings, 1,200 residential piers, dry storage and 60 marinas. There is
a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problem
vessels clears the mooring field, marinas and docks, creating more open space for recreation and
providing more availability for new boaters to store vessels in Newport harbor. The City certainly works to
remediate issues specific to Newport Harbor, yet accepts vessels from the surrounding area. City staff
understands that the grant funding should not only be used in our Harbor, but also assist the boating
community in our county's region, as a whole.
Attachments:
2. Administrative Information
Screenshot of unpublished VTIP Webpage
DRAFT City VT[P Flyer
1 Please state if you will accept surrendered vessels only within Area of Responsibility (AOR) or if you will
accept outside Area of Responsibility requests
F Within AOR rw-, Within and Outside
AOR
2. Identify schedule for accepting surrendered vessels
r Daily r - Weekly r- Monthly [%-r As Needed
3. Location where vessels will be accepted
C Agency Office r Local Landfill r' Pickup by Agency or f: As Needed [Agency
Salvager Office/Pickup by
Agency or Salvager]
4. Storage area Does your agency have a storage area for surrendered (` Yes C' No
vessels pending destruction?
If Yes, identify the type of storage area
1✓- Water r Land
Contract # C1960608, City of Newport Beach, surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912G20. Qate- 1212012019 Page: 36 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Applicant Certification
Per Harbors and Navigation Code 525 (C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10% contribution from the local agency receiving the grant" This matching fund may be
rendered in cash, or through in-kind contributions which must be veriFed, and an: at the discretion of DBW
These contributions may include (but are not limited to) the following: administrative costs, personnel hours,
removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% of each reimbursement claim is met.
a. 17 Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s),
and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the
information contained herein is true, accurate, correct, and complete.
b. F I certify that I am the person authorized to submit this application on behalf of the applicant.
Prepared by: Name: Melanie Franceschini Date: 04/1212019
Reviewed by: Name: Kurt Borsting Date: 04/1 212 01 9
Approving Officer. Name: Carol Jacobs Date: 04/12/2019
Contract ft C19S0808, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 201912020, Date: 1 212 012 0 1 9 Page. 37 of 37
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ATTACHMENT C
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PERRY'S TRUCK AND EQUIPMENT REPAIR, LLC FOR
VESSEL REMOVAL, STORAGE, AND DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 25th day of May, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PERRY'S TRUCK AND EQUIPMENT REPAIR LLC, a California limited
liability company ("Consultant"), whose address is 11957 Locust Lane, Apply Valley,
California 92308, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide vessel removal, storage, and disposal
services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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and
2.1.3 The estimated number of hours and cost to complete the Services,
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
2.3 All Services shall be provided in accordance with the terms and conditions
set forth in the State of California — Natural Resources Agency Department of Parks and
Recreation Division of Boating and Waterways Grant Agreement, Surrendered and
Abandoned Vessel Exchange (SAVE -19), Grant No. C1 9S0608, with an effective date of
February 19, 2020, or any supplement or amendment thereto, as administered by the City
("Grant Agreement"). A copy of the Grant Agreement is incorporated herewith by
reference and attached hereto as Exhibit D.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
Perry's Truck and Equipment Repair LLC Page 2
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by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Edward A. Perry to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
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6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
: Eel 11DIM Ulftu141*V.
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless the State of California, the County of Orange, the City, their respective
legislative bodies, councils, supervisors, departments, boards, committees, and
commissions, divisions, subdivisions, grantees, and subgrantees, officers, agents,
volunteers, employees and any person or entity acting on behalf thereof on in concert
therewith (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
Perry's Truck and Equipment Repair LLC Page 4
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demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City, the County of Orange, or the State
of California. The manner and means of conducting the Work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. No civil service status or other right of employment
shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Consultant or any of Consultant's employees or agents, to be
the agents or employees of City. Consultant shall have the responsibility for and control
over the means of performing the Work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance of the Work or to exercise
a measure of control over Consultant shall mean only that Consultant shall follow the
desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
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employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
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25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at-
Attn: Edward A. Perry
Perry's Truck and Equipment Repair LLC
11957 Locust Lane
Apple Valley, CA 92308
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
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Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. MEDIA MATERIALS RELEASE
28.1 Consultant agrees to irrevocably grant to California State Parks, Division of
Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred
to as "DBW'), the non- exclusive, royalty -free, perpetual and worldwide right and
permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display
the photographs, motion pictures, caption information, and/or written quotes (hereinafter
referred to collectively as "Photographs"), that the Consultant or City has submitted to
DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational
programs, or any other lawful purpose whatsoever, in any and all media. In connection
with the foregoing license, the Consultant and City agree not to use, reproduce, adapt, or
display the Photographs, or allow others to do so, in a manner that tends to subject DBW
or its AWAF, VTIP and/ or SAVE programs to ridicule, disparagement, mockery, satire,
or that could tarnish the image of the DBW's AWAF, VTIP, and/ or SAVE programs.
Consultant hereby releases and discharges DBW from any and all claims and demands
arising out of or in connection with the use of the Photographs, including without
limitations, any and all claims for libel, defamation, invasion of privacy, and/ or publicity
rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of
same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.
28.2 Consultant also grants DBW and its licensees the unrestricted right to use
and disclose its name in connection with use of the Photographs. Consultant understands
that it will not be paid for any use or right granted herein.
28.3 Consultant understands and agrees that the Photographs may be used in
whole or in part, at any time. The license granted herein to DBW includes the right and
permission to conduct or have conducted such alterations to the Photographs as DBW
deems necessary. Consultant releases and discharges DBW and agrees to indemnify
and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration,
optical illusion or use in composite form, loss or damage, whether intentional or otherwise,
that may occur in the use of the Photographs. Consultant waives any right to inspect or
approve any finished product, advertising or other copy that may be used in connection
therewith or the use to which it may be applied.
28.4 Consultant declares and avows that any Photographs it is submitting to
DBW, if any, are its own original work in all respects. Consultant is the sole and exclusive
owner of said Photographs; they are free, clear, and unencumbered. No part of them is
taken from or based on any other work; no part infringes the copyright or any other right
of any person; and the reproduction, publication, exhibition, or any other use by DBW of
said Photographs in any form whatever will not in any way, directly or indirectly, infringe
on the rights of any person. Consultant agrees to indemnify and hold DBW harmless from
and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments,
amounts paid in settlement, penalties, and expenses that may be obtained against,
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imposed on, or suffered by DBW by reason of (1) any violation or infringement of any
proprietary right or copyright; or (2) any libelous or unlawful matter contained in the
Photographs. Consultant also agrees to indemnify and hold DBW harmless for any such
amounts arising from its breach of any covenant, representation, or warranty of this
agreement.
29. ANTITRUST CLAIMS
29.1 Consultant, by signing this Agreement hereby certifies that if its services or
goods are obtained by means of a competitive bid, the Consultant shall comply with the
requirements of the Government Codes Sections set out below.
29.1.1 The Government Code Chapter on Antitrust claims contains the
following definitions.-
29.1.1.1
efinitions:
29.1.1.1 "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.
29.1.1.2 "Public purchasing body" means the State or the
subdivision or agency making a public purchase. Government Code
Section 4550.
29.1.2 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.
29.1.3 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.
29.1.4 In the case that Consultant assigns to the City, 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.
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30. CHILD SUPPORT COMPLIANCE ACT
30.1 Consultant acknowledges in accordance with Public Contract Code 7110,
that:
30.1.1 The Consultant recognizes the importance of child and family
support obligations and shall fully comply with all applicable state and federal laws relating
to child and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
30.1.2 The Consultant, 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.
31. LOSS LEADER
31.1 If this Agreement involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss leader"
as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
32. AIR OR WATER POLLUTION VIOLATION
32.1 Consultant warrants that it is not: (1) in violation of any order or resolution
not subject to review promulgated by the State Air Resources Board or an air pollution
control district; (2) subject to cease and desist order not subject to review issued pursuant
to Section 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or (3) finally determined to be in violation of provisions of federal
law relating to air or water pollution.
33. STANDARD PROVISIONS
33.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
33.2 Compliance with all Laws.
33.2.1 Consultant shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted. In
addition, all Work prepared by Consultant shall conform to applicable City, county, state
and federal laws, rules, regulations and permit requirements and be subject to approval
of the Project Administrator and City.
33.2.2 Consultant and its subcontractor(s) shall comply with all applicable
laws and regulations of the State of California for all work to be performed under this
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Agreement. By signing this Agreement, Consultant certifies its compliance and the
compliance of all subcontractors with: (a) applicable provisions of the California
Environmental Quality Act; (b) Nondiscrimination Program requirements of Government
Code section 12990 (a -f) and Title 2, California Code of Regulations, section 8103 (and
section 8113 in contracts over $ 5,000) along with section 7285 et. seq. of the Fair
Employment and Housing Act; (c) Drug -Free Workplace requirement of Government
Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public
Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and, (f) Americans with Disabilities Act regulations issued pursuant to 42
U. S. C. section 12101 et seq.
33.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
33.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
33.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
33.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
33.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
33.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
33.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
33.10 Equal Opportunity Employment.
33.10.1 Consultant represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee or applicant for
employment because race, religious creed, color, national origin, ancestry, physical
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handicap, medical condition, marital status, sex, sexual orientation, age or any other
impermissible basis under law.
33.10.2 Consultant warrants that it complies with the Americans with
Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U. S. C.
12101 et seq.)
33.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
33.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES 4N NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5/la/.P l
By: �r�
ar`on C. Harp aM�i►�ZI
Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Brad Avery
Mayor
CONSULTANT: Perry's
Equipment Repair LLC,
limited liability company
Date:
By:
Noel Perry
Managing Member
[END OF SIGNATURES]
Truck and
a California
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D - Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE -19), Grant No. C19S0608, with an effective date
of February 19, 2020
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide services related to the removal and disposal of
surrendered and abandoned vessels. Consultant shall be responsible for deploying and
storing any vessels or equipment related to the delivery of these services.
Services in the performance of removal and/or disposal of vessels may include, but
are not necessarily limited to:
1. Trailer and trucking of vessels to storage or disposal sites;
2. Removal and disposal of hazardous materials or liquids in tanks, and
3. Transport of vessels from moorings in order to accommodate removal.
All vessel removals and/or disposals of vessels shall be in accordance with the terms
and conditions set forth in the State of California — Natural Resources Agency Department
of Parks and Recreation Division of Boating and Waterways Grant Agreement,
Surrendered and Abandoned Vessel Exchange (SAVE -19), Grant No. C19S0608, with
an effective date of February 19, 2020, as administered by the City, attached to this
Agreement as Exhibit D.
Consultant shall comply with all local, state and federal laws and provisions in the
proper removal and/or disposal of vessels. Consultant shall be responsible for ensuring
that all rules and regulations pertaining to the salvage and demolition of all materials
resulting from the Consultant's disposal of a vessel (or hazardous marine debris) are
followed.
Pursuant to Section 6 of the Grant Agreement, as defined herein, Consultant shall be
responsible for securing any necessary or prudent studies, permits, or authorizations
associated with treatment, removal, storage, or any other handling of hazardous
substances including, but not limited to, toxic waste, petroleum waste, asbestos, and
similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement. Consultant shall be responsible for the proper and lawful handling,
abatement, removal, storage, and/or disposal of any hazardous substances encountered
in the execution of this Agreement.
The location of work to be performed shall be designated by the City and may vary
with each service request.
PROJECT ADMINISTRATION
On-call agreements do not guarantee or imply any specific quantity of work over the
proposed contract period. When the need for services arises, the City shall request the
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necessary services required in adequate detail. Contractor shall then provide a detailed
Letter Proposal for Services requested by the City, as set forth in Section 2 of this
Agreement.
Letter Proposals to the City shall include the following:
• Contact name and address of the City of Newport Beach
• Contract and Invoice Number
• Detailed description of the Service to be performed
• Date the Service shall be performed
• Location of each Service to be performed
• Vessel name, CF # or HIN# if available
• Description of Vessel
City shall assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those to be provided. No Services shall be provided until the City
has provided written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties listed in the approved Letter Proposal
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EXHIBIT B
SCHEDULE OF BILLING RATES
VESSEL REMOVAL SERVICES
VESSEL SIZEITYPE
BILLING RATE
Vessels 10' — 25'
$75 per foot
Vessels 26'— 34'
$100 per
foot
Vessels 35' and u
$150 per
foot
Vessels — Wood
$150 per
foot
Vessels — Concrete
$200 per
foot
Vessels — Steel
$200 per
foot
OVERSIZED VESSELS
Vessels over 18,000 lbs.
Extra charge
per foot
Vessels over 12' in width
Extra charge
per foot
Vessels over 14' height
Extra charge
per foot
Pricing Terms:
Sailboats in the water will be towed to the designated lift facility and lifted by the
City. Any vessel without a trailer and/or dry docked will be lifted by the City. Arrangements
can be made for Consultant to arrange payment at time of service and be added to the
final invoice. Power boats in the water up to 32' can be towed to a launch ramp by the
City without a lift fee. Customer is responsible for transporting vessel to ramp or lift facility
unless otherwise stipulated.
Bilges will be free of liquids and/or fluids prior to removal.
Consultant will be responsible for any removal and disposal of liquids or hazardous
waste in tanks.
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code. The insurer waives any right of recovery the insurer may
have against the State of California because of payments the insurer makes
for injury or damage arising out of the work done under any City contract
with the State of California (e.g.: the Grant Agreement, as defined herein).
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement. A Waiver of Subrogation or Right to Recover endorsement in
favor of the State of California must be attached to the certificate.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury and property damage liability combined with a
two million dollars ($2,000,000) annual policy general aggregate. The
policy shall cover liability arising from premises, operations, independent
subcontractors, products, completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
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liability of another assumed in a business contract). This insurance shall
apply separately to each insured against whom claim is made or suit is
brought subject to the Consultant's limit of liability. The policy must include:
The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
Agreement.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Watercraft Liability Insurance. Consultant shall maintain watercraft
lability insurance with limits not less than $1,000,000 combined single limit
per accident. Such insurance shall cover liability arising out of the
maintenance and use of any watercraft (owned, hired, or non -owned). The
policy must include: The State of California, its officers, agents, employees,
and servants as additional insureds, but only with respect to work performed
that is connected with or related to the activities contemplated in this
Agreement.
E. U.S. Longshoremen's and Harbor Workers' Compensation Act Insurance.
Consultant shall provide coverage for all its employees for any injuries or
claims under the U. S. Longshoremen's and Harbor Workers' Compensation
Act, the Jones Act, or under laws, regulations, or statutes applicable to
maritime employees. By signing this Agreement, Consultant acknowledges
compliance with these regulations.
F. Environmental / Pollution Liability. Consultant shall maintain Pollution
Liability limits for not less than $1,000,000 per occurrence covering the
Consultant's liability for bodily injury, property damage and environmental
damage resulting from pollution and related cleanup costs incurred from or
arising out of the work or services to be performed under this Agreement.
The policy must include: The State of California, its officers, agents,
employees and servants as additional insureds, but only with respect to
work performed under the Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
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others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
Perry's Truck and Equipment Repair LLC Page C-3 12-147
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
Perry's Truck and Equipment Repair LLC Page C-4 12-148
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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EXHIBIT D
Surrendered and Abandoned Vessel Exchange (SAVE -19)
Grant No. C19S0608, February 19, 2020
Perry's Truck and Equipment Repair LLC Page D-1 12-150
GRANTEE:
GRANT TITLE:
GRANT AMOUNT:
GRANT NUMBER:
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
City of Newport Beach
Department of Parks and Recreation
Accounting Services Section
FEB 2 4 2020
FY 2019120 Surrendered and Abandoned Vessel Exchange (SAVE)
$175,000.00
C19SO608
GRANT TERM: Effective: Date Fully Executed* through September 30, 2021
FULLY EXECUTED: To be advised
CONTRACT NO
AMENDMENT NO
SUPPLIER ID PROJECT NO
13790OTHER
C19S0608
0000011771
AMOUNT
FUND DESCRIPTION
AGENCY BILLING CODE NO
ENCUMBERED BY
Abandoned Watercraft Abatement Fund (SAVE -19)
053706
THIS DOCUMENT
$t 75,000.DD
REPORTING
Approp. Ref. Fund
CHAPTER
STATUTE
FISCAL YEAR
STRUCTURE
3790-101-0577
23
2019
2019/20
37900709
BUSINESS UNIT
INDEX
PROGRAM
ACTIVITY CODE
ACCOUNT
3790
*A ``jt�
2855023
69990
5432000
T.B.A. NO
t hereby certify upon my own personal knowledge that the budgeted funds are available for this
encumbrance.
B.R.NO
ACCOUNTING OFFICER'S SS
DATE
3 2,0
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12-151
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C. D,
E. F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: �)— 1--r
Printed Name: Grace Y�- Leunq
Title of Authorized
Representative: C its KbnNe,r
Date: Z - { 3 - ZDZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager 11
Date } `
W
APPROVED AS TO FORM: {
CITY AT TORN FFICE Attest ('
Date: 2. Z 1'� Za n n 4�1 v
%�,� , L>ilani 1. Brawn, �'
MC, City Clerk 4r+�oR
By: t��
Foc: Aaron C. Harp, City Attorney Date,
wla %'*, 3' t>
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State of California – Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE:
City of Newport Beach
GRANT TITLE:
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE -19)
GRANT AMOUNT:
$178,000.00
GRANT NUMBER:
C19S0608
GRANT TERM:
Effective: Date Fully Executed` through September 30, 2021
FULLY EXECUTED:
To be advised
The Grantee agrees to the terms and conditions of this Agreement which includes Exhibit A, B, C. D,
E. F and G, hereinafter referred to as Agreement, and the State of California, acting through its
Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to
fund the total State grant amount indicated below. The GRANTEE agrees to complete the tasks
identified in the STATEMENT OF NEED AND BUDGET SPREADSHEET, as defined in Exhibit G of
the Agreement and herein referred to as SCOPE OF WORK.
The General and Special Provisions attached are made a part of and incorporated into the Agreement.
Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature: �)— 1--r
Printed Name: Grace Y�- Leunq
Title of Authorized
Representative: C its KbnNe,r
Date: Z - { 3 - ZDZO
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: One Capitol Mall, Suite 500
Sacramento, C 95814
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager 11
Date } `
W
APPROVED AS TO FORM: {
CITY AT TORN FFICE Attest ('
Date: 2. Z 1'� Za n n 4�1 v
%�,� , L>ilani 1. Brawn, �'
MC, City Clerk 4r+�oR
By: t��
Foc: Aaron C. Harp, City Attorney Date,
wla %'*, 3' t>
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12-152
STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
EXHIBIT A
SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2019120
AUTHORIZED GRANT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Newport Beach
State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
City of Newport Beach
Name: Ron Kent
Grantee Representative': Melanie Franceschini
Title: Program Administrator
Title: Administrative Analyst
Address:
One Capitol Mall, Suite 500
Sacramento, CA 95814
Address:
100 Civic Center Drive,
Newport Beach, CA 92627
Phone: (916) 327-1825
Phone: (949) 6443028
Fax:
Fax:
Email: ron.kent@parks.ca.gov
I Email: mfranceschini@newportbeachca.gov
Grantee representative information may only be changed by giving 30 days written notice to DBW.
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EXHIBIT B
Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program
1. NEEDS AND OBJECTIVES OF DBW
a. Pursuant to its authority under Harbors and Navigation Code section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof,
or any other partially submerged objects (hereinafter "eligible water hazards") which
pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the
Questionnaire, found in Exhibit A.
b. Pursuant to its authority under Harbors and Navigation Code Section 525, the
Division of Boating and Waterways (DBW) wishes to contract with Grantee for the
removal and disposal of surrendered vessels, or parts thereof, which are in danger of
being abandoned and has a likelihood of causing environmental degradation or
becoming a hazard to navigation within Grantee's jurisdiction as specified according
to the Grantee's Work Plan, found in Exhibit A.
2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL
The funds provided under this Agreement shall be used for the combined purposes of
Surrendered and Abandoned Vessels Exchange (SAVE) as follows:
a. Abatement, removal, storage and/or disposal of eligible Marine Debris. For
purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code
section 522(a):
"Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk,
beached, or allowed to remain in an unseaworthy or dilapidated condition upon
publicly owned submerged lands, salt marsh, or tidelands within the corporate limits
of any municipal corporation or other public corporation or entity having jurisdiction or
control over those lands, without its consent expressed by resolution of its legislative
body, for a period longer than 30 days without a watchman or other person being
maintained upon or near and in charge of the property, is abandoned property".
Harbors and Navigation Code, Section 525 (1)(A):
"...the Abandoned Watercraft Abatement Fund, which is hereby created as a special
fund. Moneys in the fund shall be used exclusively, upon appropriation by the
Legislature, for grants to be awarded by the department to local agencies for the
abatement, removal, storage, and disposal as public nuisances of any abandoned
property as described in Section 522 or for the disposal of surrendered vessels as
defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any
other partially submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property or private property with the
landowner's consent_
Harbors and Navigation Code, Section 550 (B):
" "Marine Debris" is a vessel or part of a vessel, including a derelict, wreck, hulk, or
part of any ship or other watercraft or dilapidated vessel. That is unseaworthy and not
reasonably fir or capable of being made fit to be used as a means of transportation
by water."
b. The funds provided under this Agreement shall not be utilized for abatement,
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12-154
removal, storage, or disposal of commercial vessels. Commercial vessels include
those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
C. If Grantee is reimbursed for the costs related to the abatement, removal, storage,
and/or disposal of an eligible water hazard by the registered or legal owner or other
person or entity known to have an interest in the water hazard, then the water hazard
shall no longer be eligible for funding under this Agreement. Grantee shall notify
DBW in writing of such reimbursement and shall return all funds disbursed by DBW
to Grantee with respect to such water hazard immediately.
d. Abatement, removal, storage and disposal of eligible surrendered vessels_ For
purposes of this Agreement, "surrendered" is defined in Harbors and Navigation
Code section 526.1(a):
e. "'surrendered vessel' means a recreational vessel that the verified titleholder has
willingly surrendered to a willing agency under both of the following conditions:
(1) The public agency has determined in its sole discretion that the vessel is in
danger of being abandoned, and therefore has a likelihood of causing
environmental degradation or becoming a hazard to navigation.
(2) The decision to accept a vessel is based solely on the potential of the
vessel to likely be abandoned and cause environmental degradation or
become a hazard to navigation."
f. The funds provided under this Agreement shall not be utilized for surrender,
abatement, removal, storage, or disposal of commercial vessels. Commercial vessels
include those vessels for which the most recent registration or documentation was
commercial, even though that registration or documentation may have lapsed.
g. If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal
of a surrendered vessel by the registered or legal owner or other person or entity
known to have an interest in the vessel, then the vessel shall no longer be eligible for
funding under this Agreement. Grantee shall notify DBW in writing of such
reimbursement and shall return all funds disbursed by DBW to Grantee with respect
to such vessel immediately.
3. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to
inspect any site where Grantee or its subcontractors are performing work under this
Agreement.
4. ANNUAL MEETING
Grantee's representative or alternate shall participate in an annual one -day video or phone
conference conducted by DBW during the term of this agreement. Should the Grantee or
representative be unable to attend the meeting and cannot provide a substitute from the
agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend.
DBW must grant approval in writing in order for the Grantee not to be in breach of this
Agreement for failure to attend.
5. ACTIVITYINON ACTIVITY: REPORTING REQUIREMENTS
a. Grantee shall provide quarterly reports to DBW describing the status of existing
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issues known, pending, or in progress.
b. Lack of quarterly reporting and/or removal activity within any twelve month period
during the term of this agreement is subject to possible revocation of grant.
6. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or
authorizations associated with treatment, removal, storage, or any other handling of
hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos,
and similar substances, prior to the removal of any vessel and water hazard pursuant to this
Agreement.
Grantee shall be responsible for the proper and lawful handling, abatement, removal,
storage, and/or disposal of any hazardous substances encountered in the execution of this
Agreement.
7. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the
Harbors and Navigation Code regarding notices, hearings and liens in the
performance of this Agreement. Grantee (in conjunction with local law enforcement)
shall conduct a title search for all vessels presumed to be abandoned, as provided by
Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
and Navigation Code section 526.1 in the performance of this Agreement, requiring
that a surrendered vessel be that of the "verified titleholder."
8. MEDIA
Grantee agrees to acknowledge DBW's financial support whenever work funded by this
Agreement is publicized in any news media, brochures, or other type of promotional material.
9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"),
the non-exclusive, royalty -free, perpetual and worldwide right and permission to use,
reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs,
motion pictures, caption information, and/or written quotes (hereinafter referred to collectively
as "Photographs"), that the Grantee has submitted to dBW for art, editorial, advertising,
marketing, trade, broadcast, print, educational programs, or any other lawful purpose
whatsoever, in any and all media. In connection with the foregoing license, the Grantee
agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in
a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule,
disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP,
and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all
claims and demands arising out of or in connection with the use of the Photographs,
including without limitations, any and all claims for libel, defamation, invasion of privacy,
and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or
for the use of same. DBW may sell, assign, license, or transfer all rights granted to it
hereunder.
Grantee also grants DBW and its licensees the unrestricted right to use and disclose its
name in connection with use of the Photographs. The Grantee understands that it will not be
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paid for any use or right granted herein_
The Grantee understands and agrees that the Photographs may be used in whole or in part,
at any time. The license granted herein to DBW includes the right and permission to conduct
or have conducted such alterations to the Photographs as DBW deems necessary. Grantee
releases and discharges DBW and agrees to indemnify and hold DBW harmless from any
liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form,
loss or damage, whether intentional or otherwise, that may occur in the use of the
Photographs. The Grantee waives any right to inspect or approve any finished product,
advertising or other copy that may be used in connection therewith or the use to which it may
be applied.
The Grantee declares and avows that the Photographs it is submitting to DBW are its own
original work in all respects. The Grantee is the sole and exclusive owner of the
Photographs; they are free, clear, and unencumbered. No part of them is taken from or
based on any other work; no part infringes the copyright or any other right of any person; and
the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any
form whatever will not in any way, directly or indirectly, infringe on the rights of any person.
The Grantee agrees to indemnify and hold DBW harmless from and against any and all loss,
damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement,
penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by
reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any
libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify
and hold DBW harmless for any such amounts arising from its breach of any covenant,
representation, or warranty of this agreement.
10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel,
the Grantee shall obtain all necessary permits, authorizations, and documentation
necessitated by any applicable provision of law.
11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive
bidding process when awarding subcontracts to marine salvage companies under this
Agreement.
12. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all
of its contractors and subcontractors holds a valid business license and carries general
commercial liability insurance coverage sufficient to fully insure against any and all risks of
hazardous activities associated with the work to be performed under this Agreement; and
Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these
requirements, that Grantee itself carries general commercial liability insurance coverage
sufficient to fully insure against any and all risks of hazardous activities associated with the
work to be performed under this Agreement, whether performed by the Grantee, Grantee's
contractor(s), or Grantee's subcontractor(s). Grantee shall provide DBW with a certificate of
insurance from any contractor(s) and subcontractor(s) prior to the commencement of any
work under this Agreement.
13. TRAFFIC CONTROL AND TRAFFIC SAFETY
The Grantee shall provide for adequate traffic control and safety measures at any site where
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Grantee and its subcontractors will perform any work under this Agreement.
14. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject
to any cease and desist order not subject to review issued pursuant to Water Code section
13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
15 ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are
expressly incorporated herein. No amendment or variation of the terms of this Agreement
shall be valid unless made in writing, signed by the parties and approved as required.
16. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Commencement of
performance prior to approval of this Agreement will be at the Grantee's own risk.
17. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT
There are no Disabled Veteran Business Enterprise participation requirements with this
agreement.
18. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.
Grantee may provide a delegation of contracting authority from its local governing body that
by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution,
order, motion, or ordinance of its local governing body that by law has authority to contract,
authorizing execution of this Agreement.
19. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the
State of California for all work to be performed under this Agreement. By signing this
Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination
Program requirements of Government Code section 12990 (a -f) and Title 2, California Code
of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section
7285 et. seq. of the Fair Employment and Housing Act; (c) Drug -Free Workplace requirement
of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of
Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code
section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C.
section 12101 et seq.
20. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers
or employees of DBW or agents of the State of California.
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21. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a
hazardous activity. Grantee therefore must maintain commercial general liability insurance in
an amount and of a type acceptable to DBW and to the Department of General Services/
Office of Risk and Insurance Management (ORIM).
GENERAL PROVISIONS APPLYING TO ALL POLICIES
a. Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If
insurance expires during the term of the grant, a new certificate must be
received by the Division at least ten (10) days prior to the expiration of this
insurance. Any new insurance must still comply with the original terms of
the grant.
b. Policy cancellation or termination & notice of non -renewal
Insurance policies shall contain a provision stating coverage will not be
cancelled without 30 days prior written notice to the Division. In the event
Grantee fails to keep in effect at ail times the specified insurance coverage,
the Division may, in addition to any other remedies it may have, terminate
this Agreement upon the occurrence of such event, subject to the
provisions of this Agreement.
C. Deductible
Grantee is responsible for any deductible or self-insured retention
contained within their insurance program.
d. Primary clause
Any required insurance contained in this Agreement shall be primary, and
not excess or contributory, to any other insurance carried by the State.
e. Insurance carrier required rating
All insurance companies must carry a rating acceptable to GRIM. If the
Grantee is self-insured for a portion or all of its insurance, review of
financial information including a letter of credit may be required by DBW or
GRIM.
f. Endorsements
Any required endorsements requested by the Division must be physically
attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
g. Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee's obligations
under the Agreement.
h. Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of subcontractor's
insurance to the State when requested equal to policies, coverages, and
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limits required of Grantee.
2. INSURANCE REQUIREMENTS
a. Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with
limits of not less than $1,000,000 per occurrence for bodily injury and
property damage liability combined with a $2,000,000 annual policy
aggregate. The policy shall include coverage for liabilities arising out of
premises, operations, independent subcontractors, products, completed
operations, personal and advertising injury, and liability assumed under an
insured contract. This insurance shall apply separately to each insured
against whom claim is made or suit is brought subject to the Grantee's limit
of liability. The policy must include_
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management_
In the case of Grantee's utilization of subcontractors to complete the
contracted scope of work, Grantee shall include all subcontractors as
insured's under Grantee's insurance or supply evidence of insurance to the
State equal to policies, coverages and limits required of Grantee.
b. Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than
$1,000,000 combined single limit per accident. Such insurance shall cover
liability arising out of a motor vehicle including owned, hired and non -
owned motor vehicles.
C. Watercraft Liabil
The Grantee shall maintain watercraft liability insurance with limits not Less
than $1,000,000 combined single limit per accident. Such insurance shall
cover liability arising out of the maintenance and use of any watercraft
(owned, hired or non -owned). The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed that is
connected with or related to the activities contemplated in this Agreement."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
d. Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker's compensation and
employer's liability coverage for all its employees who will be engaged in
the performance of the Agreement. Employer's liability limits of $1,000,000
are required. The insurer waives any right of recovery the insurer may have
against the State because of payments the insurer makes for injury or
damage arising out of the work done under contract with the State. A
Waiver of Subrogation or Right to Recover endorsement in favor of the
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State must be attached to certificate.
If applicable, Grantee shall provide coverage for all its employees for any
injuries or claims under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act or under laws, regulations, or statutes
applicable to maritime employees. By signing this contract, Grantee
acknowledges compliance with these regulations.
e. Environmental/Pollution Liability
Grantee shall maintain Pollution Liability for limits not less than $1,000,000
occurrence covering the Grantee's liability for bodily injury, property
damage and environmental damage resulting from pollution and related
cleanup costs incurred arising out of the work or services to be performed
under this contract. The policy must include:
"The State of California, its officers, agents, employees and servants as
additional insureds, but only with respect to work performed under the
contract."
This endorsement must be supplied under form acceptable to the Office of
Risk and Insurance Management.
Coverage shall be provided for both work performed on site and during
transportation as well as proper disposal of hazardous materials.
3. Self-insurance
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall
provide evidence of self-insurance when requested by DBW. Review of financial
information including a letter of credit may be required. The Division reserves the
right to request financial information.
4. Statement of Insurance Coverage:
Grantee certifies and agrees that they have all required insurance coverages as
stated in the grant agreement, which will be in effect for the entire term of the
agreement.
Approver initials : (; L Date: Z / 13/ ZOZO
Name: Grp Yi . Leung
Title: 1, I �y M an"'r
22. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written
notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term
of this agreement, DBW may, in addition to other remedies it may have, terminate
this agreement upon two days written notice.
C. DBW may, by two-day written notice to Grantee and without any prejudice to its other
remedies, terminate this agreement because of failure of Grantee to fulfill any of the
requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately
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discontinue all removal and disposal activities affected, unless the notice directs
otherwise. In such event, DBW shall pay Grantee only for removal and disposal
activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced
funds. At DBW's sole discretion, DBW may offer an opportunity to cure any breach
prior to terminating for default.
23. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
24. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the
department pursuant to subparagraph (A) shall be matched by a 10 -percent
contribution from the local agency receiving the grant."
b. The 10 -percent contribution is in addition to funds awarded in the grant and may be
made by cash and/or in-kind contributions which may include personnel hours (net
hourly rate only with no benefits included) excessive removal and/or storage fees,
and other expenses with advance DBW approval.
C. If using personnel hours for in-kind match, only net, raw hours will be accepted and
verification of in-kind contribution is required with reimbursement request(s)- The
statement of in-kind hours must include:
a. Activity date
b_ Vesseilissue name or description
C. Personnel name
d. Description of service provided
e. Number of hours provided by each person
f. hourly rate and total value
Use the form provided on DBW's website at www.dbw.ca.gov under Grants & Loans,
or the online grant system, OLGA, available on DBW's website.
e. The burden of proof in complying with the 10 -percent contribution requirement is the
responsibility of the grantee. Grant funds will not be disbursed until the grantee has
provided DBW with acceptable documentation that it complied with the 10 -percent
contribution requirement for each disbursement.
25. BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
1. DBW will reimburse the Grantee for the following expenditures provided by
Grantee's service providers, contractors and/or subcontractors, within the
scope of the SAVE program for AWAF issues associated with:
i. Raising of submerged vessels and associated hazardous materials
ii. Removal of Recreational Vessels and associated hazardous materials from
navigable waterways or adjacent shorelines
iii. Removal and disposal of hazardous materials from Recreational Vessels
iv. Towing
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V. Storage:
1) Without lien sale: 60 days maximum
2) With lien sale: 90 days maximum with justification
3) If stored onsite at Grantee's facility, 50% of the normal rate of
charge to the public will be reimbursed, and fee schedule is
required for verification.
Vi. Lien sale expenses: fees charged by lien sale service companies, postage,
DMV fees, and advertising costs
vii. Public notice advertising
viii. Vessel appraisal
ix. Salvage and demolition
2. DBW will reimburse the Grantee for the following expenditures provided by Grantee's
Service providers, contractors and/or subcontractors, within the scope of the SAVE
program for VTIP issues:
i. Disposal of Surrendered Recreational Vessels
ii. Removal and Disposal of hazardous materials from Recreational Vessels
iii. Towing of Recreational Vessels from Agency to disposal site
3. Navigational hazard removal and destruction may be considered with advanced
written approval from DBW. Inquire in advance of completing work with
documentation, photos, and narrative as to why the item is a navigational hazard
4. Other items directly related to SAVE activities that could create long-term cost
efficiencies of vessel removal, disposal and turn -in may be considered for
reimbursement with pre -approval in writing from DBW.
b. Reimbursement claim forms:
Forms are available on DBW's website under the Grants & Loans tab under the
appropriate link for SAVE, AWAF and/or VTIP (until further notice, use the SAVE,
AWAF or VTIP reimbursement forms as needed for each specific type of removal):
Grantee must sign and date each reimbursement claim form in blue ink and submit
with the following documents to DBW:
C. Invoices from service providers, contractors and/or subcontractors to Grantee:
Invoices must contain the following:
1. Name and address of Grantee
2. Contract or invoice number
3. Description of service performed
4. Date the service was performed
5. Location of each service
6. Vessel name, CF# or HIN# if available; otherwise, description of vessel
7. Signature confirming the claim is accurate and true under penalty of perjury
d. Proof of payment for all invoices.
The following acceptable forms of proof are:
1. Cancelled check (with bank's cancelled stamp on back of check copy)
2. Credit card statement with charge and payment posted, along with copy of
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charge slip
3. Invoices from service provider showing zero balance
4. Proof of Accounting Clearing House (ACH) or electronic transfer showing
date, amount and transaction confirmation number.
e. 10% in-kind match contribution statement:
1. If Grantee is matching the 10% requirement with in-kind services, complete
the following form located on DBW's website and submit with each claim:
http://www.dbw.ca.gov/PDF/Funding/DPR265.pdf
2. Net, hourly rates only will be accepted. Grantee must include verification of
net rates with first claim and each time rates are changed.
f. Photos of vessels (Required)
-with CF numbers visible if available
g. (VTIP ONLY) Statement of Vessel Release of Interest and Ownership:
To be completed and signed by owner(s). Grantee may provide their own release
form to vessel owners for completion. A sample of this release form is located on our
website:
hftp://www.dbw.ca.gov/PDF/Funding/SAMPLE_Release_of interest_and_Liability_F
orm.pdf
NOTE: (VTIP ONLY) Vessel ownership verification is required; however, it is not
required that boat owners bring their registration up to date in order to
surrender their vessel through the VTIP.
h. Reimbursement claims and support documents (as indicated above) are to be
submitted to DBW at:
Division of Boating and Waterways
One Capitol Mall, Suite 500
Sacramento, CA 95814
Attention: SAVE Unit
i. Submission of fraudulent invoices or other claim documentation is a breach of this
Agreement, which shall result in forfeiture of all funds advanced and provided under
this Agreement.
All requests for payment must be submitted to DBW no later than 30 days after the
expiration date of the agreement. DBW is not obligated to make payment on any
reimbursement request(s) received or for any services completed after this date.
Refer to "Fully Executed" letter for additional reimbursement request
reauirements.
26. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program; this Agreement shall be of no further force and effect. In this event, DBW
shall have no liability to pay any funds whatsoever to Grantee or to fumish any other
considerations under this Agreement and Grantee shall not be obligated to perform
any provisions of this Agreement.
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B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, DBW shall have the option to either cancel this Agreement with no
liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the
reduced amount.
27. INDEMNIFICATION
Grantee shall be responsible for, and DPR shall not be answerable or accountable in any
manner for, any loss or expense by reason of any damage or injury to person or property, or
both, arising out of or related in any way to activities carried out by Grantee, its agents,
officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall
protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees
against any and all actions, claims, and damages to persons or property, penalties,
obligations and liabilities that may be asserted or claimed by any person, firm, association,
entity, corporation, political subdivision, or other organization or person arising out of or in
connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder,
whether or not there is concurrent passive negligence on the part of DPR, its agents, officers,
and/or employees.
28. FUNDS ASSIST
a. PROCESS
The Funds Assist process has been developed by DBW as a method for grantees with
excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is
a voluntary action (by both agencies) until within three (3) months of the expiration date of the
grant at which time it will become a required action of those agencies with remaining grant
balances, at DBW's discretion.
The Funds Assist process works as follows:
1) An introduction is made by DBW between the agency with excessive funds (Agency A)
and the agency in need (Agency B).
2) A deadline shall be imposed by DBW for the work to be completed by Agency B.
3) Agency B pays for all contractor invoices, as is required with the SAVE grant.
4) The 10% required match is the obligation of Agency B and may be met with cash, in-
kind services, or a combination of both.
5) To obtain reimbursement, Agency B will required to supply the following to Agency A:
a. A Tax Identification Form (W-9)
b. All requirements/documents apply as outlined in this agreement under #26
C. A statement on Agency B's letterhead invoicing Agency A for the total
reimbursement request_
d. Copies of completed forms and support documents to DBW for pre -
approval.
6) Agency A completes the following actions:
a. Upon approval by DBW, pay Agency B the invoiced amount within 30 days
and record as a pass-through grant (or use your accounting method
preference).
b. Complete DBW's AWAF and/or VTIP Reimbursement Claim Form and
attach all supporting documents as listed in item b, c & d above, including
the verification of payment to Agency B i.e., cancelled check or statement
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from Agency B of payment received.
C. Email the documents to the DBW program administrator for review. Once
reviewed and approved, send finalized claim forms to DBW for payment
processing.
DBW will act as a courtesy liaison between the agencies to ensure (as much as possible)
that documents are correctly processed.
b. INDEMNIFICATION
Grantee and sub grantee (hereafter known an Agency A and Agency B) shall be responsible
for, and DPR shall not be answerable or accountable in any manner for, any loss or expense
by reason of any damage or injury to person or property, or both, arising out of or related in
any way to activities carried out by Agency A and B, its agents, officers, contractors,
subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold
harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and
all actions, claims, and damages to persons or property, penalties, obligations and liabilities
that may be asserted or claimed by any person, firm, association, entity, corporation, political
subdivision, or other organization or person arising out of or in connection with Agency A and
B's contractor's or subcontractor's activities hereunder, whether or not there is concurrent
passive negligence on the part of DPR, its agents, officers, and/or employees.
If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for
removal project, and receives assistance through the Funds Assist process, all provisions of
the SAVE grant applies.
Approver initials: (7 L, Date: Z' 13 Z07.C�
Name: race 16 . Luma
Title: TCtw R?m W
29. 90 -DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90
days of the date of issuance according to the instructions issued by DBW with the grant
agreement. If extenuating circumstances prevent the ability of the agency to meet this
deadline, approval from DBW must be obtained in writing. DBW retains the right to determine
approval or denial of extensions.
30. ANTI -CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied
cases whereby a contractor, subcontractor or other service provider increases their fee(s) due
to the existence of a Grantee's SAVE grant, or inquires about the amount/balance of a SAVE
grant in order to increase their fee(s), for possible investigation of price gouging. A two year
history of charges applied to work of all known SAVE grant work by that contractor will be
required by DBW for review.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Grantee may not commence performance until
such approval has been obtained.
2. EFFECTIVE DATE:
Effective date means either the start date or the approval date by the Department of General
Services (DGS), whichever is later. In cases where DGS approval is not required, this
Agreement is of no force or effect until the date of the last DBW signature. No work shall
commence until the effective date.
3. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in the Agreement is binding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
5. AUDIT:
Grantee agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement_ Grantee agrees to maintain such records for possible audit for a minimum
of three (3) years after final payment, unless a longer period of records retention is
stipulated. Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, Grantee agrees to include a similar right of the
State to audit records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1886).
6. INDEMNIFICATION:
Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by the subcontractor or
Grantee in the performance of this Agreement.
7. DISPUTES:
Grantee shall continue with the responsibilities under this Agreement during any dispute.
a. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the
Grantee fail to perform the requirements of this Agreement at the time and in the manner
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herein provided. In the event of such termination the State may proceed with the work in any
manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee
upon demand.
9. RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact,
percentage of post consumer material as defined in the Public Contract Code Section 12200,
in products, materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209_ With respect to
printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Grantee and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.)
and the applicable regulations promulgated thereunder (California Code of Regulations, Title
2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Grantee and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 307 are hereby
incorporated by reference and made a part of this Agreement by this reference as if attached
hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of
Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1.
14. GOVERNING LAW:
This Agreement is governed by and shall be interpreted in accordance with the laws of the
State of Califomia.
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15. ANTITRUST CLAIMS:
The Grantee by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, the Grantee shall comply with the requirements of
the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attomey 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. Govemment Code Section 4553.
Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with
Public Contract Code 7110. that:
a. The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
The Grantee, to the best of its knowledge is fully complying with the earnings
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assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Agreement includes services in excess of $200,000, the Grantee shall give priority
consideration in filling vacancies in positions funded by the agreement to qualified recipients
of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business
participation, then Grantee must within 60 days of receiving final payment under this
Agreement (or within such other time period as may be specified elsewhere in this
Agreement) report to the awarding department the actual percentage of small
business participation that was achieved. (Govt. Code § 14841.)
b. If for this Agreement Grantee made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Grantee must within 60 days of
receiving final payment under this Agreement (or within such other time period as
may be specified elsewhere in this Agreement) certify in a report to the awarding
department: (1) the total amount the prime Grantee received under the Agreement;
(2) the name and address of the DVBE(s) that participated in the performance of the
Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all
payments under the Agreement have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of
the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D
rF:PTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the
laws of the State of California.
Grantee Agency Name (Printed)
Federal ID Number
City of Newport Beach
95-6000751
By (Authorized Signature)
Printed Name and Title of Pe on Signing
C� ace Launq NAbn�:q ey
Date Executed
Executed in the County of
Z /
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements.
(Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or bath and Grantee may be ineligible for award
of any future State agreements if the department determines that any of the following has
occurred: the Grantee has made false certification, or violated the certification by failing to
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carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee Certifies that no more than one (1) final unappealable finding of contempt of court by
a Federal court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court, which orders
Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of
the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro
bono legal services during each year of the agreement equal to the lessor of 30 multiplied by
the number of full time attorneys in the firm's offices in the State, with the number of hours
prorated on an actual day basis for any contract period of less than a full year or 10% of its
agreement with the State.
Failure to make a good faith effort may be cause for non -renewal of a state agreement for
legal services, and may be taken into account when determining the award of future
contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate
corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is
eligible to contract with the State of Califomia.
6. SWEATFREE CODE OF CONDUCT:
All Grantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment,
materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor,
forced labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The Grantee further
declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at
www.dir.ca.gov, and Public Contract Code Section 6108.
The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the Grantee's
compliance with the requirements under paragraph (a).
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7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.3.
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12-173
EXHIBIT E
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
I. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state
employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (PCC 10410):
1) No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (PCC 10411):
1) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in any
of the negotiations, transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any capacity by any state
agency.
2) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she
was employed by that state agency in a policy-making position in the same general
subject area as the proposed contract within the 12 -month period prior to his or her
leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission,
payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODEIWORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured
against liability for Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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12-174
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon
receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment. Any changes of the Grantee's representative shall be notified to DBW within 30
days written notice on Grantee's letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate Grantee performing
within the state not be subject to the franchise tax.
C. Both domestic and foreign corporations (those incorporated outside of California)
must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the
Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority
to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not
subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other
governmental entity.
Contract # C19S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 20198020, Date: 12f2012019 Page: 25 of 37
12-175
EXHIBIT F
Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or
services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract
Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California
Legislature and signed into law by the Governor to preclude State agencies generally from contracting
with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur
region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code
section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a
contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within
the previous three years has had) business activities or other operations outside of the United States
to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency.
(See # 1 on the sample Attachment).
A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency
for goods or services if the company first obtains permission from the Department of General Services
(DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the
sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification
requirements of bidders and proposers.
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12-176
EXHIBIT F — DARFUR CONTRACTING ACT
Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the
previous three years has had business activities or other operations outside of the United States, it
must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476.
Therefore, to be eligible to submit a bid or proposal, please complete only one of the following
three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification
for Paragraph # 3): YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR
PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR
PARAGRAPH #3 INITIALED AND CERTIFIED.
*� We do not currently have, or we have not had within the previous three years, business
activities or other operations outside of the United States.
OR
2. We are a scrutinized company as defined in Public Contract Code section 10476, but we
have received written permission from the Department of General Services (DGS) to submit
a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written
permission from DGS is included with our bid or proposal.
C•P
We currently have, or we have had within the previous three years, business activities or
other operations outside of the United States, but we certify below that we are not a
scrutinized company as defined in Public Contract Code section 10476.
CERTIFICATION For # 3.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is
made under the laws of the State of California.
Grantee Agency Name (Printed)
City of Newport Beach
Federal ID Number
95-6000751
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Orange
YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL
INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3
INITIALED AND CERTIFIED
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
General
1 Applicant Infonnation
a.
Applicant Name
City of Newport Beach
b.
Organizational Unit
c.
Address
100 Civic Center Drive
d.
Address 2
e.
City
Newport Beach
State CA Zip 92660
f.
Federal ID Number
95-6000751
Reference No.
g.
Agency Type
r City
r- County
r^ Federally or State Recognized Native American Tribe
r District
2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year
2019/2020
b. Is implementing agency same as Applicant G Yes r- No
c. Implementing Agency Name
d. Project Start Date Oct -01-2019 End Date Sep -30-2021
e. Amount of Funds Requested $175,000.00 Project Cost $192,500.00
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3 Contacts
a. Project Administrator
Name Melanie Franceschini
Title Administrative Analyst
Mailing Address 100 Civic Center Drive
City Newport Beach State CA Zip 92660
Telephone (949) 644-3028 Fax
E-mail Address mfranceschini@newportbeachca.gov
b. Project Administrator
Name Kurt Borsting
Title Harbormaster
Mailing Address 1600 W. Balboa Boulevard
City Newport Beach State CA Zip 92663
Telephone (949) 270-8158 Fax
E-mail Address kborsting@newportbeachca.gov
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Agency Type and Area of Responsibility (AOR)
Newport Harbor is one of the largest, small craft recreational harbors on the California Coast. Home to
approximately 4,500 vessels, Newport Harbor is a welcome port to many boaters as they cruise the Pacific or travel
within their home waters. The City of Newport Beach (City) manages many of the visitor -serving amenities within the
harbor. The goal of the City's Harbor Department is to provide information and services to harbor users whether
they are boating visitors, anchor their vessel year round or call the harbor home. The City also encourages public
access to the water, providing and maintaining slips and moorings available to rent for guests and locals alike. The
City operates five public pump outs, two marinas and twelve public docks. However, with the accessibility to these
public recreational amenities also comes abandonment, illegal berthing and derelict vessels. The City works with
vessel owners encouraging them to maintain their vessels in a seaworthy and operable manner. However, legal
action is sometimes required to handle impounds, liens, junking and demolition of vessels. Historically, the City has
assisted boaters in Newport Harbor, nearby harbors and even those with trailered boats, with the process of turning
in derelict vessels and removing those that inhibit the enjoyment and safety of harbor waters.
2. Statement of Need
The City has demonstrated both the need to remediate problem vessels through Abandoned Watercraft Abatement
Fund (AWAF), as well as the ability to assist boaters with Vessel Tum in Program (VTIP). The City was the recipient
of the SAVE 2017118 grant and is close to exhausting all funds. With the help of the SAVE grant during this most
recent cycle, the City was able to remove and demolish more than 25 vessels. In addition, through the City's Code
Enforcement efforts approximately 200 cases were managed associated with the vessels that were either
inoperable, unseaworthy or in some state of disrepair. Of those cases, approximately 30 could have resulted in
abandonment if not for the efforts of the City to work to have the vessel owner remediate their condition.
Interested parties from all over the county continue to inquire as to how the City s grant funding can be used to
assist them. We currently have a VTIP waitlist of 12 vessels, in addition to 16 other vessels owners that have
expressed interest of adding their boats to the list.
The City of Newport Beach works to address abandoned watercraft in Newport Harbor. Duties to mitigate vessels
include:
• Regular and focused communication with vessel owners;
• Relocation of problem vessels;
• Pumping out vessels that have taken on water;
• Processing DMV paperwork for liens, junking, etc.; and
• Coordination with local marine contractors and shipyards to relocate vessels for haul -out and demolition
a. List of ADV's/VTIP vessels
List of current Abandon Derelict Vessels (ADV)/VTIP vessels and estimate of cost to remove them.
ADV / VTIP
Estimated Cost
Current ADV's 15 ea
44,130
Current VTIP 7 ea
23,200
Estimate of ADV's
46,335
Estimate of VTIP
61,3
TOTAL 175 000
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy
and Paste the URL (http://www.legislature.r-a.govAegistators_and_districts/districts/districts.html) in your browser
to determine the State Senate district(s).
r- State Senate 01 f- State Senate 02 r State Senate 03 1- State Senate 04 r State Senate 05
r State Senate 06
r- Senate 07
I- State Senate 08
r State Senate 09
(- State Senate 10
r State Senate 11
r State Senate 12
r State Senate 13
r State Senate 14
r State Senate 15
r State Senate 16
r State Senate 17
r State Senate 18
r State Senate 19
r State Senate 20
r State Senate 21
r State Senate 22
r State Senate 23
r State Senate 24
r State Senate 25
r State Senate 26
r State Senate 27
r State Senate 28
r State Senate 29
r State Senate 30
r State Senate 31
r State Senate 32
r State Senate 33
r State Senate 34
r State Senate 35
r State Senate 36
W State Senate 37
r State Senate 38
r State Senate 39
r State Senate 40
2. California State Assembly Districts
Select one or more of the Califomia State Assembly Districts where the proposed project activities will occur.
Copy and Paste the URL (http:/Iwww.legislature.ca.gov/legislators_and_districts/districts/districts.htmi) in your
browser to determine the State Assembly district(s).
r State Assembly 01
r State Assembly 05
r State Assembly 09
rState Assembly 13
r- State Assembly 17
r State Assembly 21
r- State Assembly 25
r State Assembly 29
r State Assembly 33
r State Assembly 37
F State Assembly 41
r State Assembly 45
r State Assembly 49
r State Assembly 53
r State Assembly 57
r State Assembly 61
F State Assembly 65
r State Assembly 69
I- State Assembly 73
F State Assembly 77
r State Assembly 02
r State Assembly 06
r State Assembly 10
r State Assembly 14
r State Assembly 18
r State Assembly 22
r State Assembly 26
r State Assembly 30
r State Assembly 34
r State Assembly 38
r State Assembly 42
r State Assembly 46
r State Assembly 50
r State Assembly 54
r State Assembly 58
I- State Assembly 62
r State Assembly 66
r State Assembly 70
17 State Assembly 74
r State Assembly 78
3. California Congressional Districts
r State Assembly 03
r State Assembly 07
r State Assembly 11
r State Assembly 15
r State Assembly 19
r State Assembly 23
r State Assembly 27
r State Assembly 31
r State Assembly 35
r State Assembly 39
r State Assembly 43
r State Assembly 47
r State Assembly 51
r State Assembly 55
r State Assembly 59
r State Assembly 63
r State Assembly 67
I- State Assembly 71
I- State Assembly 75
r State Assembly 79
r State Assembly 04
r State Assembly 08
r- State Assembly 12
r State Assembly 16
F State Assembly 20
r State Assembly 24
r State Assembly 28
r State Assembly 32
r State Assembly 36
r State Assembly 40
r State Assembly 44
r State Assembly 48
r State Assembly 52
r State Assembly 56
r State Assembly 60
r State Assembly 64
r State Assembly 68
r State Assembly 72
r State Assembly 76
r State Assembly 80
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (httpsJ/www.govtrack.us/congress/members/CA) in your browser to determine the
Congressional district(s).
r Congressional District 1
r Congressional District 4
r Congressional District 7
rCongressional District 10
r Congressional District 13
[-Congressional District 16
r Congressional District 19
r Congressional District 2
I- Congressional Distnct 5
r Congressional District 8
r Congressional District 11
I- Congressional District 14
r Congressional District 17
r Congressional District 20
r Congressional District 3
r Congressional District 6
r Congressional District 9
r Congressional District 12
F Congressional District 15
r Congressional District 18
I- Congressional District 21
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
r Congressional District 22
r Congressional District 25
r- District 28
r Congressional District 31
r Congressional District 34
F ongressional District 37
r Congressional District 40
r Congressional District 43
F Congressional District 46
r- District 49
r Congressional District 52
r Congressional District 23
r Congressional District 26
r- District 29
17- Congressional District 32
r Congressional District 35
F' Congressional District 38
r Congressional District 41
r Congressional District 44
r Congressional District 47
r Congressional District 50
r Congressional District 53
r Congressional District 24
r Congressional District 27
r Congressional District 30
F Congressional District 33
ICongressional District 36
r Congressional District 39
r Congressional District 42
r Congressional District 45
W Congressional District 48
F- Congressional District 51
4. County
Select one or more of the California
Counties where the proposed project
activities will occur.
r Alameda
r Alpine
f Amador
I- Butte
r Calaveras
r- Contra Costa
r Del Norte
r EI Dorado
r Fresno
r Glenn
r Imperial
r Inyo
r Kern
r Kings
r Lake
r Los Angeles
r Madera
r Marin
r Mariposa
r Mendocino
r Modoc
r Mono
r Monterey
r Napa
r Nevada
r Placer
r Plumas
r riverside
r Sacramento
r San Benito
r San Diego r San Francisco r San Joaquin
r- Santa Clara r Santa Cruz r Shasta
F- Sonoma r Stanislaus r Sutter
r Tuolumne r Ventura r Yoto
r San Luis
Obispo
r Sierra
r Tehama
r Yuba
r San Mateo
r Siskiyou
r Trinity
r Colusa
r Humboldt
r Lassen
r Merced
r�! Orange
r San
Bernardino
r Santa Barbara
r Solano
r Tulare
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Legal authority to remove abandoned vessels
The City of Newport Beach is the lead agency in Newport Harbor, according to State of California Tidelands Grant
Section 1, Chapter 74, Statutes of 1978, and partners with the Orange County Sheriffs Department to enforce
boating safety. The O.C. Sheriffs Department Harbor Patrol has jurisdiction in Newport Harbor according to Harbors
and Navigation Code 510.
2. Agency Experience
As one of the largest small craft recreational harbors on the west coast, Newport Harbor welcomes and serves
transient and local boaters alike. However, over the years, some boaters have found themselves financially unable
to maintain their vessels, opting to tum in their vessel or simply letting the vessel become derelict and/or
abandoned. Transient boaters frequently abandon vessels in Newport Harbor with the idea that the local agencies
will remediate the blight.
The City of Newport Beach has previously received funding for VTIP and AWAF through multiple grant cycles. In IFY
2014-2016, the City received $125,700. In FY 2017 - 2019, the City received $125,000 in SAVE Grant aid. Apart
from serving the needs of the Newport Harbor, the City works with the County of Orange to abate vessels from
coastal waterways and receive tum -ins from the local inland areas and other counties. The City is seeking an
increase in funds in order to further assist the many boat owners who are unable to financially maintain their boats
and are currently on a waitlist for VTIP. Current remaining SAVE Grant funds only suffice for at risk Abandoned and
Derelict Vessels (ADV) that have the potential to sink and are currently occupying space on City moorings and dingy
racks, inhibiting further public use of moorings and dingy racks.
City of Newport Beach staff has extensive experience working with boaters as they request assistance turning in
vessels. Due to the cost of hauling out and maintenance, some boaters resort to abandoning their vessels. In those
cases, the City of Newport Beach takes action to relocate, investigate the case and ultimately demolish the vessels.
The current SAVE agreement between the City and the State is nearly exhausted. At this time, there are
approximately 10 impounded and abandoned boats that the City will demolish pending a new grant agreement. In
addition, there are numerous parties on waitlist who have expressed interest in taking advantage of the VTIP
program should the City receive additional funding.
3 a. Adjudication Procedures - Identifying ADV's
The City of Newport Beach's Harbor Department along with the OC Sheriffs Department Harbor Patrol work to
identify problem vessels and make contact with the vessel owners. Staff will determine whether the vessel can be
brought into compliance and vessel owners are encouraged to work on their vessels. Other vessels that are
inoperable and not seaworthy are also solicited for the VTIP program.
City Harbor Department staff patrol the waters of Newport Harbor and identify vessel condition and ownership. The
City Harbor Department staff enforce Newport Beach Municipal Code Chapter 17, also known as the Harbor Code.
Since using the SAVE grant, the intensity of abandoned vessels have decreased due to the VTIP option. Staff
encourages owners of derelict and neglected vessels to tum in their vessels, and make the process as easy as
possible for those owners. However, there are instances when vessels are abandoned in the public anchorage,
piers and mooring fields.
3 b. Adjudication Procedures - Removal Process
Large vessels that are abandoned or impounded are secured and locked to an offshore mooring. Small crafts are
hauled into dry storage. Staff attempts notification to the last owner for all vessels with identification markings (CF
Numbers or federal registration), especially those valued over $1,500. Small crafts such as dinghies, rowboats,
kayaks and other non -registered craft are auctioned to the public on a regular basis.
3c. Adjudication Procedures -Lien proceedures
The City follows a multi -step adjudication process. The process begins by requesting vessel information from the
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
Police Department's DMV information log, in attempts to identify the registered owner of the vessel. Once the City
obtains the registered owners name and address, the City notifies the owner, via certified mail, that their vessel has
been impounded due to code enforcement violations or for abandonment. After at least 30 days and up to 90 days,
if the registered owner has not contacted the City, the vessel is prepared for a lien sale. For vessels with a value
over $1,500, the City submits a DMV Application for Lien Sale Authorization. In addition, the City notified the owner
and any interested parties of a pending Lien Sale, in addition to outlining how the vessel may be claimed before the
auction. The City then advertises the upcoming auction on the City's website and in local newspapers. On the
auction date, if the vessel is sold, the City holds the property for 10 days before releasing it to the buyer. If the
vessel is not sold, then bids are collected from our contractors for its destruction and removal.
3 d. Adjudication Procedures - Destruction of Vessels
The City's grant funding is used specifically for the destruction and removal of larger vessels that are costly and
have had DMV or USCG documentation records. Following the auction, if a vessel is not sold and has a Gear title,
the City requests bids from qualified contractors for the vessel's destruction. The City then moves forward with the
lowest qualifying bid and authorizes the destruction.
4 a. Vessel Registration
Does your agency regularly check vessels in your AOR for current registrations? (.` Yes r No
4 b. Agency prevention efforts of abandoned vessels
The City of Newport Beach Harbor Department staff works with the boating community to keep vessels seaworthy
and operable. Harbor Department staff conducts patrols of the offshore mooring field, anchorage, public piers and
marinas, actively inspecting vessel conditions. Staff investigates reports of distressed vessels and when issues of
concern are discovered, they make contact with owner on record. All mooring permittees are required to submit
proof of vessel insurance. All short-term mooring renters and marina slip tenants are also required to demonstrate
proof of insurance. Annually, mooring live-aboards are required to demonstrate vessel operability and
seaworthiness, as well as showing that the holding tank is in good working order and free of leaks. The Newport
Beach Harbor Commission supports staff in the identification and remediation of problem vessels.
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
3. Application Questionnaire
Does your agency have an active local enforcement program tasked with (: Yes r No
addressing abandoned vessels in your jurisdiction?
If yes, explain in detail. if no, elaborate on
City Harbor Department staff works with the City Code
your agency's efforts to create a program
Enforcement staff to identify vessels that may be a potential or
or if you utilize enforcement services from
existing problem. Owners are notified to bring vessels into
another agency and how
compliance or utilize VTIP. Owners may be issued a Notice of
Violation if they fail to bring vessels into compliance. Other
ia3
vessels that are abandoned or have no identifiable owner are
put in line for AWAF. Vessel condition is taken into
mlite —T age
consideration when prioritizing enforcement and use of SAVE
funds for demolition. Those vessels at risk of sinking or which
represent other hazardous conditions are always given priority.
2. Does your agency have a submerged navigational hazard abatement pian (? Yes (' No
(SNHAP)? This may include: 1) An established internal process outlining
procedures to prevent, mitigate and process abandoned vessels; 2) Bylaws,
regulations, or ordinances that help prevent or mitigate abandoned vessels.
If Yes, provide plan documentation. Upload Submerged Navigational Hazard Abatement Plan (SNHAP)
documents here.
SNHAP Documentation Tittle
Attachment
City of Newport Beach Municipal Code - Harbor
22550_0_NB Municipal Code
le
If No, explain your agency's efforts to
create a SNHAP and anticipated date of
effect.
3. List by name and size the bodies of water or waterways in your agency's area of responsibility. If you wish
to add maps or photos, please dick on the BLUE arrow below to upload.
Name
Size
Attachment
Newport Harbor Resources Map
800 Acres
22555 0_MAP
Newport Harbor Main Map
22555 1 Map
ia3
Newport Harbor Satellite Image
22555 2 Satei
mlite —T age
4. To provide additional information, please click on the Blue
Arrow to add an attachment
contract At C19S0608, City of Newport Beach. Surrendered and Abandoned Vassal Exchange (SAVE) Fiscal Year 201912020. nate: 12/2012019 Page: 35 of 37
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EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Outreach 1 Advertising plan for implementing and ! or increase the Vessel Turn -In Program
The Newport Beach City Council and Harbor Commission have an active interest in the condition of
vessels in Newport Harbor. Staff regularly reports to Council and Commission on the progress or
remediating derelict vessels from the Harbor and those either trailered or towed for disposal. Interested
parties contact staff directly. The DBW SAVE Grant webpage directs people to contact the City on the
webpage. In the coming year, along with additional funding, the City would like to set aside a portion of the
SAVE Grant to specifically service VTIP vessels. The City has prepared a webpage and flyers for further
outreach. The City will also order VTIP flyers from the Division of Boating and Waterways.
Newport Harbor is home to 1,200 moorings, 1,200 residential piers, dry storage and 60 marinas. There is
a need in Newport Harbor to assist with a deteriorating and aging boating community. Removing problem
vessels dears the mooring field, marinas and docks, creating more open space for recreation and
providing more availability for new boaters to store vessels in Newport harbor. The City certainly works to
remediate issues specific to Newport Harbor, yet accepts vessels from the surrounding area. City staff
understands that the grant funding should not only be used in our Harbor, but also assist the boating
community in our county's region, as a whole.
Attachments:
2. Administrative Information
Screenshot of Unpublished VTIP Webpage
DRAFT City VTIP Flyer
Please state if you will accept surrendered vessels only within Area of Responsibility (AOR) or if you will
accept outside Area of Responsibility requests
r Within AOR I✓ Within and Outside
AOR
2. Identify schedule for accepting surrendered vessels
F Daily r Weekly I"" Monthly fo As Needed
3. Location where vessels will be accepted
r- Agency Office r Local Landfill r' Pickup by Agency or (.'As Needed [Agency
Salvager Office/Pickup by
Agency or Salvager]
4. Storage area: Does your agency have a storage area for surrendered C. Yes r- No
vessels pending destruction?
If Yes, identify the type of storage area
W. Water W Land
Contract 9 01950608, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fscai Year 2 01 912 020. Dale. 12/2012019 Page: 36 of 37
12-186
EXHIBIT G - Grant Application: Letter of Intent, Scope of Work and Work Plan
1. Applicant Certification
Per Harbors and !Navigation Code 525 (C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10% contribution from the local agency receiving the grant." This matching fund may be
rendered in cash, or through in-kind contributions which must be vedFed, and are at the discretion of DBW.
These contributions may include (but are not limited to) the following: administrative costs, personnel hours,
removal, and/or storage.
Grant monies WILL NOT be reimbursed by DSW unless 10% of each reimbursement claim is met.
a. r Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s),
and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the
information contained herein is true, accurate, correct, and complete.
b. F 1 certify that I am the person authorized to submit this application on behalf of the applicant.
Prepared by: Name: Melanie Franceschini Date: 04/1212019
Reviewed by: Name: Kurt Borsting Date: 04/12/2019
Approving Officer: Name: Carol Jacobs Date: 04/1212019
Contract # C19S0608, City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2 01 912 02 0, Date: 12/20/2019 Page: 37 of 37
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