RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ACCEPTING A
GRANT FROM THE STATE OF CALIFORNIA,
DEPARTMENT OF PARKS AND RECREATION,
DIVISION OF BOATING AND WATERWAYS FOR THE
SURRENDERED AND ABANDONED VESSEL
EXCHANGE PROGRAM (SAVE)
WHEREAS, the City of Newport Beach ("City")is desirous of preserving and promoting uses thatcontributetothe charm and characterof Newport Harbor; WHEREAS, the Cityremoves abandoned and surrendered vessels from Newport Harbor and the greaterSouthern Californiaregion pursuant to local,country, state and federal regulations;
WHEREAS, the Divisionof Boating and Waterways of the CaliforniaDepartment of Parks and Recreation ("State")is authorized to distributegrants, through the Surrendered and Abandoned Vessel Exchange Program ("SAVE") to local public agencies thathave jurisdictionover navigablewaterways in California for the removal of abandoned and surrendered vessels;
WHEREAS, the Citysubmitted a grant applicationseeking funds from SAVE for the City'svesselremoval program inNewport Harbor;
WHEREAS, the State reviewed and approved the City'sgrant applicationand awarded One Hundred Thousand Dollarsand 00/100 ($100,000.00) forthe City'sremoval of abandoned and surrendered vessels from Newport Harbor ("Grant"),subject to the terms and conditionsofthe grant agreement, a copy of which is attached hereto as Exhibit A and incorporatedhereinby thisreference;and
WHEREAS, in accordance with City Council Policy F-25 (Grant Administration), the CityCouncilhereby intendsto approve and accept the Grant.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council hereby approves and accepts the Grant, made availablethrough SAVE and administered by the State, subject to the terms and conditions of the grant agreement.
ATTACHMENT A
69 6-4
Resolution No. 2025-
Section 2; The City Manager is hereby authorized to execute the grant agreement and any documents necessary forthe Cityto secure payment of the Grant funds and effectuatethe purposes forwhich the Grant was awarded.
The recitalsprovided in this resolutionare true and correct and are incorporated intothe operative partof thisresolution.
Section 3:
If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional,such decision shall not affectthe validityor constitutionalityof the remaining portions of thisresolution.The City Council hereby declares that itwould have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4:
The CityCouncil findsthe adoption of thisresolutionisnot subjectto the CaliforniaEnvironmental QualityAct ("CEQA") pursuant to Sections 15060(c)(2) (the activitywillnot resultina director reasonably foreseeable indirectphysicalchange inthe environment) and 15060(c)(3) (the activityis not a projectas defined in Section 15378) of the CEQA Guidelines, CaliforniaCode of Regulations, Title14, Division 6, Chapter 3, because ithas no potentialfor resultingin physical change to the environment, directlyor indirectly.
Section 5:
6-5
Resolution No. 2025-
Section 6: This resolutionshalltake effectimmediately upon itsadoption by the City Council,and the CityClerk shallcertifythe vote adopting the resolution.
ADOPTED this28th day of October, 2025.
Joe Stapleton
Mayor
ATTEST:
Molly Perry
InterimCity Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
AarorrC. Harp
CityAttor ^ey
Attachment; ExhibitA- Grant Agreement
6-6
state of California- Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
City of Newport Beach
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-25)
$100,000.00
GRANTEE:
GRANT TITLE:
GRANT AMOUNT:
GRANT NUMBER: C25S0606
through September 30, 2027GRANT TERM:
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as Agreement, and the State of California,acting through itsDirector of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A “Project Representatives”,ExhibitB “Grant Terms and Conditions”,Exhibit C “General Terms and Conditions”, Exhibit D “Grantee Certification Clauses”, Exhibit E “Darfur Contracting Act”, Exhibit F “Application/Scope of Work”.
Grantee: City of Newport Beach Agency: Department of Parks and Recreation Divisionof Boating and Waterways
ATTN: Gina Disney
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA 95652
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature:Authorized Signature:
Printed Name: Keren DillPrinted Name:
Title: StaffServices Manager IITitle of Authorized
Representative:
Date:Date:
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date:
JL
AaronCLHarp,City*fetomey
' \o T.t'’
By:
AC
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CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
City of Newport Beach
FY 2025/26 Surrendered and Abandoned Vessel Exchange (SAVE) GRANTEE:
GRANT TITLE:
$100,000.00GRANT AMOUNT:
C25S0606GRANT NUMBER:
September 30, 2027END DATE:
PROJECT NO
3790OTHER
SUPPLIER ID
0000035109
AGREEMENT NO
C25S0606
AMENDMENT NO
AGENCY BILLING CODE NO
053709
FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-25)
AMOUNT
ENCUMBERED BY
THIS DOCUMENT
$100,000.00
STATUTE
2025
FISCAL YEAR
2025/26
REPORTING
STRUCTURE
37900709
Approp. Ref. Fund
3790-101-0577
CHAPTER
04 PROGRAM
2855023
ACTIVITY CODE
69996
ACCOUNT
5432000
ALT ACCOUNT
5432000000
BUSINESS UNIT
3790
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STATE OF CALIFORNIA
Department of Parks and Recreation, Divisionof Boating and Watenways P.O. Box 942896, Floor 12
Sacramento CA 94296
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2025/26
EXHIBIT A - PROJECT REPRESENTATIVES
The services shallbe performed inthe jurisdictionof:City of Newport Beach State Agency;
Divisionof Boating and Waterways
Grantee (Agency Name):
City of Newport Beach
Name: Gina Disney Grantee Representative*: Paul Blank
Title:Grants Program Manager Title: Harbormaster
Address:
4940 Lang Ave., Dock H, Administration,Floor 12
McClellan, CA 95652
Mailing Address;
100 Civic Center Drive,
Newport Beach, CA 92627
Remit to Address:
Phone: (916) 902-8821 Phone: (949) 270-8159
Fax: Fax:
Email: [email protected] Email:[email protected] Contract# C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 3 of 46 6-9
INDEX
PAGEDESCRIPTION
EXHIBITS GRANT TERMS AND CONDITIONS
6PURPOSE OF THE PROGRAM1.
7RIGHT OF INSPECTION2.
73. ANNUAL MEETING
7TIMELINES4.
7HAZARDOUS MATERIALS5.
7TITLES AND LIENS6.
GRANTEE CITATIONS - ABANDONED VESSELS 77.
78. MEDIA
8MEDIA MATERIALS RELEASE9.
PERMITS AND DOCUMENTATION 810.
911. SECURING OF BIDS
CONTRACTS WITH SERVICE PROVIDERS 912.
9SUBCONTRACTORS13.
TRAFFIC CONTROL AND TRAFFIC SAFETY 914.
AIR OR WATER POLLUTION VIOLATION 915.
916. ENTIRE AGREEMENT
917. APPROVAL OF AGREEMENT AND AMENDMENTS
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
REQUIREMENT
1018.
1019. AUTHORITY TO CONTRACT
1020. COMPLIANCE WITH LAW AND REGULATIONS
INDEPENDENT CONTRACTOR 1021.
INSURANCE REQUIREMENTS 1022.
1323. TERMINATION
13ASSIGNMENT24.
1325. MATCHING 10% REQUIREMENT
BUDGET DETAIL AND PAYMENT PROVISIONS 1426.
BUDGET CONTINGENCY CLAUSE 1627.
INDEMNIFICATION 1628.
FUNDS ASSIST 1729.
90-DAY RETURN OF GRANT DOCUMENTS TO DBW 1830.
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31. ANTI-CORRUPTION 18
32. AQUATIC INVASIVE SPECIES 18
EXHIBIT C GENERAL TERMS AND CONDITIONS 19
EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23
DARFUR CONTRACTING ACT 27EXHIBIT E
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EXHIBIT B - GRANT TERMS AND CONDITIONS
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM PURPOSE OF THE PROGRAM:1.
Pursuant to itsauthorityunder Harbors and NavigationCode (HNC) section525(1 )(a), the Divisionof Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of:
Abandoned property as described in HNC 522 (below) within Grantee’s jurisdictionas listedin Exhibit A.
a.
(1)
HNC Section 522: "Any hulk, derelict,wreck, or parts of any ship,vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidatedconditionupon publiclyowned submerged lands, salt marsh, or tidelandswithin the corporate limitsof any municipal corporation or other publiccorporation or entityhaving jurisdictionor control over those lands, without itsconsent expressed by resolution of itslegislativebody, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property.”
(2) Surrendered vessels as defined in HNC 526.1
HNC Section 526.1: “surrendered vessel” means a recreational vessel that the verifiedtitleholderhas willinglysurrendered to a willingpublic agency under both of the following conditions:
(a) The publicagency has determined, in itssole discretion,that the vessel is indanger of being abandoned, and thereforehas a likelihoodof causing environmental degradation or becoming a hazard to navigation.
The decision to accept a vessel isbased solelyon the potentialof the vessel to likelybe abandoned and cause environmental degradation or become a hazard to navigation.”
(b)
(3) Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantial hazard to navigation, from navigable watenways or adjacent public property, or privateproperty with the landowner’s consent.
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 registrationor documentation was commercial, even though that registrationor documentation may have lapsed.
If Grantee is reimbursed for the costs related to the surrender, abatement, removal, storage, and/or disposal of an eligiblewater hazard by the registeredor legalowner or other person or entity known to have an interestin the water hazard, then the water hazard shall no longer be eligiblefor funding under this Agreement. Grantee shall notifyDBW in writingof such reimbursement and shall return allfunds disbursed by DBW to Grantee with respect to such water hazard immediately.
Vessels listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency’s need for funding, not an approval that the individual b.
c.
d.
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vessels are eligibleforSAVE funding.
RIGHT OF INSPECTION2.
Grantee shallallow DBW and other stateagency representatives,at any reasonable time, to inspect any site where Grantee or itssubcontractors are performing work under this Agreement.
ANNUAL MEETING3.
Grantee’s representativeor alternateshallparticipatein an annual grant management and regionalcoordinationone-day video or phone conferenceconducted by DBW during the term of thisagreement.
TIMELINESS
Grantee agrees to complete the scope of work submitted in itsapplicationina timelyfashion.
HAZARDOUS MATERIALS
4. 5.
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 limitedto,toxic waste, petroleum waste, asbestos, and similarsubstances, priorto 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.
TITLES AND LIENS6.
Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of thisAgreement. Grantee (inconjunction with locallaw enforcement) shallconduct a titlesearch forallvessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526.
a.
Surrendered vessels: Grantee shallcomply with allrelevant provisions of Harbors and Navigation Code section 526.1 in the performance of thisAgreement, requiring that a surrendered vessel be that of the “verified titleholder.” b.
Grantee shallcomply with allDepartment of Motor Vehicles notificationrequirements related to the disposal of vessels and trailers.
c.
GRANTEE CITATIONS - ABANDONED VESSELS7.
Grantee shall,in accordance with HNC 525(a-c), issue the lastregistered vessel owner a citationfor abandoning a vessel and impose a fine of not less than $1,000 nor more than $3,000 for violationof thissection. And shall seek every legallyavailablemethod to have them pay forthe removal and disposal of theirabandoned vessel.
MEDIA8.
Grantee agrees to acknowledge DBW’s financialsupport whenever work funded by this Agreement ispublicizedin any news media, brochures, or other type of promotional material.
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9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, itsemployees, officers,agents, and assigns (hereinafterreferred 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 writtenquotes (hereinafterreferredto 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 allmedia. 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 itsAbandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule,disparagement, mockery, satire,or that could tarnish the image of the DBW's AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and allclaims and demands arisingout 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 publicityrights.DBW assumes no responsibilityfor lost or damaged Photographs or for the use of same. DBW may sell,assign, license,or transfer allrightsgranted to ithereunder.
Grantee also grants DBW and itslicensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that itwill not be paid forany use or rightgranted herein.
Grantee understands and agrees that the Photographs may be used in whole or in part,at any time. The licensegranted herein to DBW includes the rightand permission to conduct or have conducted such alterationsto the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liabilityby virtue ofany blurring,distortion, alteration,opticalillusionor use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. Grantee waives any right to inspect or approve any finished product, advertisingor other copy that may be used in connection therewith or the use to which itmay be applied.
Grantee declares and avows thatthe Photographs itissubmitting to DBW are itsown original work in allrespects. Grantee is the sole and exclusive owner of the Photographs; they are free,clear,and unencumbered. No part of them istaken from or based on any other work; no part infringes the copyright or any other rightof 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 orindirectly,infringeon the rights ofany person. Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violationor infringement of any proprietary rightor copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless forany such amounts arisingfrom itsbreach of any covenant, representation, or warranty of thisagreement.
PERMITS AND DOCUMENTATION10.
Priorto the removal of any abandoned vessel, eligiblewater hazard, or surrendered vessel.
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Grantee shallobtain allnecessary permits, authorizations,and documentation necessitated by any applicableprovisionof law.
SECURING OF BIDS11.
Grantee shallcomply with any applicablelaws and regulationsgoverning the competitive bidding process when awarding subcontractsunder thisAgreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitationsfor bid and independent cost estimates.
CONTRACTS WITH SERVICE PROVIDERS12.
All contracts/executed agreements with service providers for which grantee willrequest reimbursement must be in writingand shallbe executed (signed)priorto commencement of any and allwork completed. Upon request,grantee shallprovide DBW copies of allexecuted agreements with serviceproviderswho are performingwork funded by thisSAVE grant.
SUBCONTRACTORS13.
Grantee agrees that itshallguarantee and shallbe responsible forensuring that any and all of its contractors and subcontractors hold a valid business license and carry general commercial liabilityinsurance coverage sufficientto fullyinsure against any and allrisksof hazardous activitiesassociated with the work to be performed under this Agreement; and Grantee agrees thatifany of Grantee’s contractorsor subcontractors failto fulfillany of these requirements, that Grantee itselfcarries general commercial liabilityinsurance coverage sufficientto fullyinsure against any and allrisksof hazardous activities associated with the work to be performed under thisAgreement, whether performed by the Grantee, Grantee’s contractor(s),or Grantee’s subcontractor(s).Upon request, grantee shallprovide DBW with a certificateof insurance from any contractor(s)and subcontractor(s). Grantee’s agreement number (C22SXXXX) must appear on the certificateof insurance.
TRAFFIC CONTROL AND TRAFFIC SAFETY14.
Grantee shall provide for adequate trafficcontrol and safety measures at any sitewhere Grantee and itssubcontractors willperform any work under this Agreement.
AIR OR WATER POLLUTION VIOLATION15.
Grantee warrants that itis not (1) in violationof any order or resolution not subject to review promulgated by the State Air Resources Board or an airpollutioncontroldistrict;(2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violationof waste discharge requirements or discharge prohibitions;or (3) finally determined to be in violationof provisions of federal law relatingto air or water pollution.
ENTIRE AGREEMENT16.
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.
17. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variationthereto isof no force or effectuntilsigned by both parties and approved by the Department of General Services, ifrequired. Commencement of performance prior to approval of this Agreement willbe at the Grantee’s own risk.
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participationrequirements with this
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agreement.
19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of itsauthorityto enter into this Agreement.
Grantee may provide a delegationof contractingauthorityfrom itslocalgoverning body that by law has authorityto contract.Alternatively,Grantee shallprovide DBW with a resolution, order, motion, or ordinance of itslocalgoverning body that by law has authorityto contract, authorizingexecution of thisAgreement.
COMPLIANCE WITH LAW AND REGULATIONS20.
Grantee and itssubcontractor(s) shallcomply with allapplicable laws and regulationsof the State of California for allwork to be performed under this Agreement. By signing this Agreement, Grantee certifiesitscompliance and the compliance of allsubcontractors with:
(a) applicable provisionsof the CaliforniaEnvironmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f)and Title2, CaliforniaCode 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 DisabilitiesAct regulations issued pursuant to 42 U.S.C. section 12101 et seq.
INDEPENDENT CONTRACTOR21.
Grantee and itsemployees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California.
22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity.Grantee therefore must maintain commercial general liabilityinsurance 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 POLICIESa.
(1) Coverage Term
Coverage needs to be inforce forthe complete term of the Agreement. Any new insurance must stillcomply with the originalterms of the grant and be provided to DBW upon request.
(2) Policy cancellationor termination& notice of non-renewal Insurance policiesshallcontain a provision statingcoverage willnot be cancelled without 30 days priorwritten notice to the DBW. In the event Grantee fails tokeep in effectat alltimes the specifiedinsurance coverage, the DBW may, inadditionto any other remedies itmay have, terminate this Agreement upon the occurrence of such event, subject to the provisions of thisAgreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
(4) Primary clause
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Any requiredinsurance containedinthisAgreement shallbe primary, and not excess or contributory,to any other insurance carriedby the State.
Insurance carrierrequired rating(5)
All insurance companies must carry a ratingacceptable to ORIM. If the Grantee is self-insured for a portion or all of itsinsurance, review of financialinformationincludinga letterof creditmay be required by DBW or ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically attached to allrequested certificatesof insurance and not substituted by referringto such coverage on the certificateof insurance. (7) Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the contracted scope of work. Grantee shall include allsubcontractors as insured'sunder Grantee’s insurance or supply evidence of subcontractor’s insurance to the State when requested equal to policies,coverages, and limitsrequired of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liabilityon an occurrence form with limits ofnot less than $1,000,000 per occurrence for bodily injury and property damage liabilitycombined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilitiesarising out of premises, operations, independent subcontractors, products, completed operations, personal and advertisinginjury,and liabilityassumed under an insured agreement. This insurance shallapply separately to each insured against whom claim ismade or suitisbrought subject to the Grantee’s limit of liability.The policymust include:
"The State of California,itsofficers,agents, employees and servants as additional insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work. Grantee shall include allsubcontractors as insured’s under Grantee’s insurance or supply evidence of insurance to the State equal to policies,coverages and limitsrequired of Grantee. (2) Automobile Liability
The Grantee shall maintain motor vehicle liabilitywith limits not less than $1,000,000 combined singlelimitper accident. Such insurance shall cover Contract# C25S0606, City ofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025 Page: 11 of 46 6-17
liabilityarising out of a motor vehicle including owned, hired and non- owned motor vehicles.
Watercraft Liability(3)
The Grantee shallmaintain watercraftliabilityinsurance with limits not less than $1,000,000 combined single limitper accident. Such insurance shall cover liabilityarising out of the maintenance and use of any watercraft (owned, hired or non-owned). The policy must include:
"The State of California,itsofficers,agents, employees and servants as additional insureds, but only with respect to work performed that is connected with or related to the activitiescontemplated in thisAgreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
Workers Compensation and Employers Liability(4)
The Grantee shall maintain statutory worker’s compensation and employer’s liabilitycoverage forall itsemployees who willbe engaged in the performance of the Agreement. Employer’s liabilitylimitsof $1,000,000 are required.The insurerwaives any rightof recovery the insurer may have against the State because of payments the insurer makes for injury or damage arisingout of the work done under agreement with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate.
Ifapplicable.Grantee shallprovide coverage forallitsemployees for any injuriesor claims under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this agreement. Grantee acknowledges compliance with these regulations.
ENVIRONMENTAUPOLLUTION LIABILITYc.
Grantee shallmaintain PollutionLiabilityforlimitsnot less than $1,000,000 occurrence covering the Grantee’s liabilityforbodilyinjury,property damage and environmental damage resultingfrom pollutionand relatedcleanup costs incurred arisingout of the work or services to be performed under thisagreement. The policy must include;
"The State of California,itsofficers,agents, employees and servants as additional insureds, but only with respect to work performed under the agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
Coverage shallbe provided forboth work performed on siteand during transportation as well as proper disposal of hazardous materials.
SELF INSURANCEd.
Ifthe Grantee is self-insuredfor a portion or ailof its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information includinga letterof creditmay be required.The DBW reserves the right to request financialinformation.
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STATEMENT OF INSURANCE COVERAGE:e.
Grantee certifiesand agrees that they have allrequired insurance coverages as stated in the grant agreement, which willbe in effect for the entire term of the agreement.
Approver initials: Date:
Name:
Title:
23. TERMINATION
DBW may terminate thisAgreement for any reason upon thirty(30) days written notice to Grantee.
a.
b. Ifthe Grantee fails tokeep the required insurance ineffectat alltimes during the term of thisagreement, DBW may, in additionto other remedies itmay have, terminate this agreement upon two days' written notice.
DBW may, by two-day writtennoticeto Grantee and withoutany prejudice to itsother remedies, terminate thisagreement because of failureof Grantee to fulfillany of the requirements of thisagreement.
Upon receiptof any noticeterminatingthisAgreement, Grantee shallimmediately discontinue allremoval and disposal activitiesaffected,unless the notice directs otherwise. In such event,DBW shallpay Grantee only for removal and disposal activitiescompleted priorto the termination date.
c.
d.
24. ASSIGNMENT
This Agreement is not assignable by the Grantee, eitherin whole or in part,without the consent of the State in the form of a formal written amendment.
25. MATCHING 10% REQUIREMENT
Section 525(C) of the Harbors and NavigationCode states,“A grant awarded by the department pursuant to subparagraph (A) shallbe matched by a 10% contribution from the localagency receiving thegrant.”
The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/orin-kindcontributionsfrom agency’s personnel hours (net hourly rate only with no benefitsincluded)forwork completed directlytoward SAVE program objectives.Other SAVE-related expenses may be used with advance DBW approval inwriting.
a.
b.
Ifusing personnelhours forin-kindmatch, only net,raw hours willbe accepted, and verificationof in-kindcontributionisrequiredwith reimbursement request(s).This in- kind contributionmust be paid withlocalfunding.Statefunds may not be used inany way - directly,indirectly,or as pass-through funds. The statement of in-kind hours must be on the form provided by DBW through the Online Grants Application (OLGA), or available upon request, and must include:
Activitydate
Vessel/issuename or description
Personnel name
c.
(1)
(2)
(3)
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Descriptionof SAVE program serviceprovided
Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
Hourly rate and totalvalue
(4)
(5)
(6)
The burden of proof in complying with the 10-percent contributionrequirement isthe responsibilityof the grantee. Funds willnot be disbursed untilthe grantee has provided DBW with acceptable documentation that itcomplied with the 10-percent contributionrequirement for each disbursement.
BUDGET DETAIL AND PAYMENT PROVISIONS
Covered Expenses and Reimbursement Claims Processes
Rates charged by the Grantee’s service providers, contractors, or subcontractors shall be pre-negotiated with the Grantee and documented in writing. DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels:
d.
26 a.
(1)
(a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feet at low water are not eligiblewithout prior DBW approval.
Mast and/or riggingremoval ifvessel isin waters greater than 15 feet deep at low water.
Vessel removal from accessible locations
Hazardous materials (hazmat) removal and disposal
Towing
Storage
(b)
(c)
(d)
(e)
(f)
Without liensale:60 days maximum
With liensale:90 days maximum with justification
Ifstored onsiteat Grantee’s facility,100% of the normal rate of charge to the publicmay be used to satisfythe 10% in kind match requirement, and fee schedule isrequired for verification.
I.
(g) Lien sale expenses: fees charged by liensale service companies, postage, DMV fees, and advertising costs
Public noticeadvertising
Vessel appraisal
Salvage and demolition
(h)
(i)
Q)
(2) Rates charged by the Grantee’s service providers, contractors, or subcontractors shall be pre-negotiated with the Grantee and documented in writing. DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
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(a) Vessel and/or hazardous materialremoval and disposal (b) One tow to destructionsite
(c) Demolition
(d) Raising of submerged surrendered vessels may only be reimbursed with DBW’s advanced writtenapproval
Other expenses may be considered with advance written approval from DBW.
Ineligibleexpenses include hand tools,consumables, grantee directstaffing, time and materials from subcontractors, etc. without priorwritten approval from DBW.
Reimbursement claim forms:
Reimbursement claim forms are available in DBW’s Online Grant ApplicationSystem (OLGA) or upon request. Grantee must sign and date each reimbursement claim in blue ink and submit with the following documents to DBW; Invoices from service providers, contractors and/or subcontractors to Grantee:
Invoices must contain the following:
(a) Name and address of Grantee
(b) Contract or invoice number
(c) Description of service performed
(d) Date the service was performed
(e) Location of each service
(f) Vessel name, CF# or HIN# ifavailable;othenwise,descriptionof vessel Proof of payment for allinvoices.
The followingacceptable forms of proof are:
(a) Cancelled check (withbank’s cancelled stamp on back of check copy) (b) Copy of creditcard statement charge slip
(c) Invoicesfrom service providershowing zero balance,
(d) Proof of Accounting Clearing House (ACH) or Electronic transfer showing date, amount and transaction confirmation number. 10% in-kind match contribution statement:
(a) IfGrantee is matching the 10% requirement with in-kind services, complete the DPR265 Itemized 10% In-kind Contribution Statement located in OLGA or available upon request,
(b) Only net hourly rates will be accepted. Grantee must include verification of net rates with first claim and each time rates change.
Photos of vessels (Required)
(a) One photo showing the vessel where itwas abandoned and the CF or HIN number (ifavailable).Ifthe CF number is not visible/available, photo must show description used on claim form. Photos of surrendered vessels need to show the CF or HIN number, if available.
(3)
(4)
b.
(1)
(2)
(3)
(4)
(5) For Surrendered Vessels ONLY:
DBW Vessel Release of Interestand Ownership must be completed in its Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 15 of 46 6-21
entiretyand signed by the vessel owner(s) and the SAVE agency representative This form can be downloaded from OLGA.
One proof of vessel ownership must be provided. This can be a copy of the Certificationof Ownership (title/pinkslipor Coast Guard document) signed by the owner, DMV registrationform, or a DMV issued junk slip.Power of Attorney or DMV issued marina liendocuments showing the marina has legal interestare also acceptable. Keep the originalsand provide DBW with copies.
The Grantee must obtain a signed DBW Release of Interestform from all known interested parties priorto the removal, destruction,or disposal of any vessel funded under thisAgreement. This includes,but is not limited to,any legalowner, registeredowner, lienholder,or individualor entitywith a documented financialor legalclaim to the vessel, includingthose owing penalties or back taxes.
NOTE: Vessel ownership verificationisrequired;however, itis not required that boat owners bring theirregistrationup to date to surrender their vessel through the VTIP.
DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incidentreports,internalroutingforms, accounting journals, etc.
Submit one (1)hard copy and one (1)electroniccopy of each reimbursement claim form and allsupporting documentation to:
Division of Boating and Waterways
PO Box 942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email: [email protected]
Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shallresultinforfeiture ofallfunds provided under thisagreement.
Reimbursement requests and status updates shallbe submitted at leastquarterly,but not more frequentlythan monthly. Ifno reimbursable work has been completed, the Grantee shallsubmit a status update in lieuof a reimbursement request.
Allfinalrequests forpayment must be submitted to DBW no laterthan forty-five(45) days afterthe expirationdate of the agreement. DBW willnot reimburse request(s) received after November 14, 2027.
BUDGET CONTINGENCY CLAUSE
(6)
c.
d.
e.
f.
27. Itismutually agreed that ifthe Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, thisAgreement shallbe of no furtherforce and effect. In this event, DBW shallhave no liabilityto pay any funds whatsoever to Grantee or to furnishany other considerations under thisAgreement and Grantee shallnot be obligated to adhere to any provisions of thisAgreement.
a.
b. Iffunding forany fiscalyear 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 liabilityoccurring to DBW or to offeran agreement amendment to Grantee to reflect Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 16 of 46 6-22
the reduced amount.
28. INDEMNIFICATION
DPR shall not be answerable or accountable in any manner for,any loss or expense by reason of any damage or injuryto person or property arisingout of or relatedin any way to activitiescarried out by Grantee, itsagents, officers,contractors, subcontractors and/or employees.
Under thisAgreement, Grantee shallprotect,hold harmless, indemnify and defend DPR, its agents, officers,and/or employees against any and allactions, claims, and damages to persons or property,penalties,obligationsand liabilitiesthat may be asserted or claimed by any person, firm,association,entity,corporation,politicalsubdivision,or other organizationor person arising out of or in connection with Grantee or Grantee’s contractor’s or subcontractor’s activitieshereunder, whether or not there is concurrent passive negligence on the part of DPR, itsagents, officers,and/or employees.
29. FUNDS ASSIST
The Funds Assist process enables grantees with unused funds to assist other participating SAVE agencies in need. For up to six (6) months priorto the expiration date of the grant.
Funds Assistant is voluntary. Thereafter, at DBW’s discretion, participation shall be mandatory for grantees with anticipated remaining balances. Failure to participate shall negatively affectgrantee’s score on future grant applications for a period of up to three (3) years.
The Funds Assist process works as follows:
DBW willemail allgrantees to identifyiffunding willgo unused or ifallfunding is needed. Grantee shallrespond with a confirmation:allfunds willbe utilized,ifallfunds willgo unutilizedand how much, or iffunds are needed and how much. DBW will prepare grant amendments to reduce or add funds to grantees as appropriate.
Grantee shall execute amendments in a timely manner.
If grant amendments are not possible, DBW may require collaboration and reimbursement between agencies. Specifics for this process willbe discussed with participatingagencies when needed.
a.
b.
30. 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. Ifextenuating circumstances prevent the abilityof the agency to meet this deadline,approval from DBW must be obtained inwriting.DBW retainsthe rightto determine approval or denial of extensions.
31. ANTI-CORRUPTION
Grantees are required to report to DBW any written,suggested, or verbally implied cases whereby a contractor,subcontractor or other service provider increases theirfee(s)due to the existence or balance of a SAVE grant in order to increase theirfee(s).Such service providers may be investigatedforpricegouging. Ifinvestigated,a two-year historyof charges applied to work of allknown SAVE grant work by that contractorwillbe required by DBW forreview.
32. AQUATIVE INVASIVE SPECIES
Grantees are required to ensure that they and alltheirsub-contractors take allnecessary precautions to prevent the spread of aquatic invasive species when removing and transporting Contract # C25S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 17 of 46 6-23
vessels and other marine debris.At minimum, precautions willinclude draining allwater and ensuring that materialisdry priorto transportingfrom the water to a land-based location.
Guidelines for preventing the spread of aquatic invasive species can be found at:
dbw.parks.ca.gov/mussels.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
APPROVAL:1.
This Agreement is of no force or effect untilsigned by both parties and approved by the Department of General Services, ifrequired.Grantee may not commence performance until such approval has been obtained.
2. EFFECTIVE DATE:
Effectivedate means eitherthe startdate 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 effectuntilthe date of the lastDBW signature. No work shall commence until the effective date.
3. AMENDMENT:
No amendment or variationof the terms of thisAgreement shall be valid unless made in writing,signed by the partiesand approved as required.No oralunderstanding or Agreement not incorporated inthe Agreement isbinding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, eitherin 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 theirdesignated representativeshallhave the rightto review and to copy any records and supporting documentation pertainingto the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after finalpayment, 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 similarrightof the State to audit records and interviewstaffin any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title2, Section 1896).
INDEMNIFICATION:6.
Grantee agrees to indemnify, defend and save harmless the State, itsofficers,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 thisAgreement, and from any and allclaims and losses accruing or resulting to any person, firm or corporationwho may be injuredor damaged by the subcontractor or Grantee in the performance of thisAgreement.
DISPUTES:
Grantee shallcontinue with the responsibilitiesunder thisAgreement during any dispute.
TERMINATION FOR CAUSE:
7. 8.
The State may terminate this Agreement and be relieved of any payments should the Grantee failto perform the requirements of thisAgreement at the time and in the manner Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 19 of 46 6-25
herein provided.Inthe event of such terminationthe State may proceed with the work inany manner deemed proper by the State.Allcosts to the State shallbe deducted from any sum due the Grantee under thisAgreement and the balance, ifany, shallbe paid to the Grantee upon demand.
RECYCLING CERTIFICATION:9.
The Grantee shall certifyin writing under penalty of perjury,the minimum, ifnot exact, percentage of post-consumer materialas defined inthe Public Contract Code Section 12200, in products, materials,goods, or supplies offeredor sold to the State regardless of whether the product meets the requirements of PublicContract Code Section 12209. With respect to printeror duplicationcartridgesthat comply with the requirements of Section 12156(e), the certificationrequired by thissubdivision shallspecify that the cartridges so comply (Pub.
Contract Code §12205).
NON-DISCRIMINATION CLAUSE:10.
During the performance of this Agreement, Grantee and its subcontractors shall not unlawfullydiscriminate,harass, or allow harassment against any employee or applicant for employment because of sex, race, color,ancestry, religiouscreed, national origin,physical disability(includingHIV 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 theiremployees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shallcomply with the provisionsof the FairEmployment and Housing Act (Gov. Code §12900 et seq.) and the applicable regulations promulgated thereunder (CaliforniaCode of Regulations, Title2, Section 11000 et seq.),the provisions of Article9.5, Chapter 1, Part 1, Division 3, Title2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shallrequireto ascertain compliance with this clause. Grantee and itssubcontractors shall give written notice of theirobligations under thisclause to labor organizations with which they have a collectivebargaining or other Agreement.(See Cal. Code Regs., tit.2, §11105.) Grantee shallinclude the nondiscriminationand compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of thisAgreement by thisreference as if attached hereto.
12. TIMELINESS:
Time isof the essence inthisAgreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for allof Grantee's expenses incurred in the performance hereof,as outlined in Exhibit B, item #24.
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14. GOVERNING LAW:
This Agreement isgoverned by and shallbe interpretedin accordance with the laws of the State of California.
ANTITRUST CLAIMS:15.
The Grantee by signing thisagreement hereby certifiesthat ifthese services or goods are obtained by means of a competitive bid,the Grantee shallcomply with the requirements of the Government Codes Sections set out below.
The Government Code Chapter on Antitrustclaims contains the followingdefinitions:a. "Public purchase" means a purchase by means of competitive bids of goods, services,or materials bythe State or any of itspoliticalsubdivisions 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.
(1)
"Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. (2)
In submitting a bid to a public purchasing body, the bidder offersand agrees that if the bid isaccepted, itwillassign to the purchasing body allrights,title,and interestin and to allcauses of action itmay 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), arisingfrom 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 finalpayment to the bidder. Government Code Section 4552.
b.
Ifan awarding body or publicpurchasing body receives,eitherthrough judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shallbe entitledto receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, includingtrebledamages, attributableto 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. c.
d. Upon demand in writing by the assignor, the assignee shall,within one year from such demand, reassign the cause of action assigned under thispart ifthe assignor has been or may have been injured by the violationof law for which the cause of action arose and (a) the assignee has not been injuredthereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
CHILD SUPPORT COMPLIANCE ACT:16.
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 childand family support obligationsand shallfullycomply with allapplicable state and federallaws relatingto childand family support enforcement, including, but not limited to, disclosure of information and a.
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compliance with earnings assignment orders,as provided in Chapter 8 (commencing with section5200) of Part 5 of Division9 of the Family Code; and The Grantee, to the best of its knowledge is fullycomplying with the earnings assignment orders of allemployees and isprovidingthe names of allnew employees to the New Hire Registry maintained by the CaliforniaEmployment Development Department.
UNENFORCEABLE PROVISION:
b.
17. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the partiesagree that allother provisions of thisAgreement have force and effectand shallnot be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
IfthisAgreement includes services in excess of $200,000, the Grantee shall give priority considerationinfillingvacancies in positionsfunded by the agreement to qualifiedrecipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING19.
REQUIREMENTS:
Iffor this Agreement Grantee made a commitment to achieve small business participation,then Grantee must within60 days of receivingfinalpayment under this Agreement (orwithinsuch other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participationthat was achieved. (Govt. Code § 14841.) a.
b. Iffor this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation,then Grantee must within 60 days of receiving finalpayment under thisAgreement (or withinsuch other time period as may be specified elsewhere in thisAgreement) certifyin a report to the awarding department; (1) the totalamount the prime Grantee received under the Agreement; (2)the name and address of the DVBE(s) that participatedin 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 civilpenalty for each violation. (Mil.& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
Ifthis agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: Itis unlawful for any person engaged in business within thisstateto sellor use any articleor 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
GRANTEE CERTIFICATION CLAUSES
I,the officialnamed below, CERTIFY UNDER PENALTY OF PERJURY that Iam duly authorized to legallybindthe prospectiveGrantee tothe clause(s)listed below. This certification is made under the laws of the State of California.
Federal ID NumberGrantee Agency Name (Printed)
95-6000751City of Newport Beach
By (AuthorizedSignature)
Printed Name and Titleof Person Signing
Executed inthe County ofDate Executed
Orange
GRANTEE CERTIFICATION CLAUSES
STATEMENT OF COMPLIANCE:1.
Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f)and CCR, Title2, Section 11102) (Not applicable to publicentities.) DRUG-FREE WORKPLACE REQUIREMENTS:2.
Grantee willcomply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the followingactions:
Publish a statement notifyingemployees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. a.
Establisha Drug-Free Awareness Program to inform employees about:
the dangers of drug abuse inthe workplace;
the person's or organization'spolicyof maintaininga drug-free workplace; any availablecounseling, rehabilitationand employee assistance programs; and,
penaltiesthatmay be imposed upon employees fordrug abuse violations.
Every employee who works on the proposed Agreement will:
receive a copy of the company's drug-free workplace policy statement; and, agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
b.
(1)
(2)
(3)
(4)
c.
(1)
(2)
Failure to comply with these requirements may resultin suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligiblefor award of any future State agreements ifthe department determines that any of the following has occurred: the Grantee has made false certification,or violatedthe certificationby failingto carry out the requirements as noted above. (Gov. Code §8350 et seq.) Contract # C25S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 23 of 46 6-29
NATIONAL LABOR RELATIONS BOARD CERTIFICATION:3.
Grantee certifiesthat no more than one (1)finalunappealable findingof contempt of court by a Federal court has been issued against Grantee withinthe immediately preceding two-year period because of Grantee's failureto 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 applicableto publicentities.)
CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:4.
Grantee hereby certifiesthat Grantee willcomply with the requirements of Section 6072 of the Business and Professions Code, effectiveJanuary 1, 2003.
Grantee agrees to make a good faitheffortto provide a minimum number of hours of pro bono legalservices duringeach year of the agreement equal to the lessor of 30 multipliedby the number of fulltime attorneys in the firm’sofficesin the State, with the number of hours prorated on an actual day basis for any contract period of less than a fullyear or 10% of its agreement with the State.
Failure to make a good faitheffortmay 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.
EXPATRIATE CORPORATIONS:5.
Grantee hereby declares that itisnot an expatriatecorporation or subsidiary of an expatriate corporation withinthe meaning of Public Contract Code Section 10286 and 10286.1, and is eligibleto contract with the State of California.
SWEATFREE CODE OF CONDUCT:6.
AllGrantees contractingforthe 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 perjurythatthey adhere to the Sweatfree Code of Conduct as set forthon the CaliforniaDepartment of IndustrialRelations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
a.
The Grantee agrees to cooperate fullyin providing reasonable access to the Grantee’s records, documents, agents or employees, or premises ifreasonably required by authorized officialsof 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).
b.
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DOMESTIC PARTNERS:7.
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifiesthat Grantee is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, GRANTEE certifiesthat GRANTEE is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The followinglaws apply to persons or entitiesdoing 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. IfGrantee has any questions on the statusof any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (PCC 10410):
No officeror employee shallengage inany employment, activityor enterprisefrom which the officeror employee receives compensation or has a financialinterestand which issponsored or funded by any stateagency, unless the employment, activity orenterpriseisrequired as a conditionof regular state employment.
No officeror employee shallcontract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (PCC 10411):
For the two-year period from the date he or she leftstate employment, no former stateofficer or employee may enter intoa contract inwhich he or she engaged inany of the negotiations, transactions,planning, arrangements or any part of the decision-making process relevantto the contract while employed inany capacity by any state agency.
For the twelve-month period from the date he or she leftstate employment, no former state officeror employee may enter into a contract with any state agency ifhe or she was employed by that stateagency in a policy-making positionin the same general subjectarea as the proposed contract withinthe 12-month period priorto his or her leaving state service.
IfGrantee violatesany provisionsof above paragraphs, such action by Grantee shallrender thisAgreement void. (PCC 10420)
Members of boards and commissions are exempt from thissection ifthey 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)) LABOR CODE/WORKERS’ COMPENSATION:2.
Grantee needs to be aware of the provisions which require every employer to be insured against liabilityforWorker's Compensation or to undertake self-insurance in accordance with the provisions,and Grantee affirmsto comply with such provisions before commencing the performance of the work of thisAgreement. (Labor Code Section 3700) Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 25 of 46 6-31
AMERICANS WITH DISABILITIES ACT:3.
Grantee assures the State that itcomplies with the Americans with DisabilitiesAct (ADA) of 1990, which prohibitsdiscrimination on the basis of disability,as well as allapplicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) GRANTEE NAME CHANGE;4.
An amendment is required to change the Grantee's name as listedon thisAgreement. Upon receiptof legaldocumentation of the name change the State willprocess the amendment.
Payment of invoices presented with a new name cannot be paid priorto approval of said amendment. Any changes of the Grantee’s representativeshall be notified to DBW within 30 days writtennotice on Grantee’s letterhead.
CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA;5.
When agreements are to be performed in the state by corporations, the contracting agencies willbe verifyingthat the Grantee is currentlyqualifiedto do business in Californiain order to ensure that allobligations due to the state are fulfilled. a.
"Doing business" is defined in R&TC Section 23101 as activelyengaging in any transactionforthe purpose of financialor pecuniary gain or profit.Although there are some statutory exceptions to taxation, rarely willa corporate Grantee performing within the state not be subject to the franchise tax.
b.
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 willdetermine whether a corporation is in good standing by callingthe Office of the Secretary of State.
c.
6. RESOLUTION:
A county, city,district,or other localpublic body must provide the State with a copy of a resolution,order,motion, or ordinance of the localgoverning body which by law has authority to enter intoan agreement, authorizingexecution of the agreement.
AIR OR WATER POLLUTION VIOLATION:7.
Under the State laws, the Grantee shallnot be: (1)in violationof any order or resolutionnot subject to review promulgated by the State Air Resources Board or an air pollutioncontrol district;(2)subjectto cease and desistorder not subject to review issued pursuant to Section 13301 of the Water Code for violationof waste discharge requirements or discharge prohibitions;or (3)finallydetermined to be in violationof provisionsof federallaw relatingto airor water pollution.
PAYEE DATA RECORD FORM STD. 204:8.
This form must be completed by allGrantees that are not another state agency or other governmental entity.
Contract # C25S0606, City ofNewport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 26 of 46 6-32
EXHIBIT E - DARFUR CONTRACTING ACT
Ifyour agency hiresa contractorto complete work under thisgrant,the contractormust fillout and sign the Darfur Contracting Act form priorto execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; thisform (DGS PD 1) can also be downloaded from the CaliforniaDepartment of General Services website.
EffectiveJanuary 1, 2009, allInvitationsfor Bids (IFB)or Requests forProposals (RFP) forgoods 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 CaliforniaLegislature and signed intolaw by the Governor to preclude State agencies generally from contracting with “scrutinized”companies thatdo business inthe Africannation of Sudan (ofwhich the Darfur region is a part), forthe reasons described in PublicContract Code section 10475.
A scrutinizedcompany is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligibleto, 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 currentlyhas (or within the previous three years has had) business activitiesor other operations outside of the United States to certifythat itis not a “scrutinized”company when itsubmits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2026/2026, Date:09/18/2025 Page: 27 of 46 6-33
EXHIBIT E - DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities orother operations outside of the United States.
For such a company to bid on or submit a proposal for a State of Californiacontract,the company must certifythat itis eithera) not a scrutinizedcompany; orb) a scrutinizedcompany that has been granted permission by the Department of General Services to submit a proposal.
Ifyour company has not, within the previous three years, had any business activitiesor other operations outside of the United States, you do not need to complete this form.
OPTION #1 - CERTIFICATION
Ifyour company, within the previous three years, has had business activitiesor other operations outside of the United States, in order to be eligibleto submit a bid or proposal, please insertyour company name and Federal ID Number and complete the certification below.
I,the officialnamed below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below isnot a scrutinizedcompany per Public Contract Code 10476; and b) I am duly authorized to legallybind the prospective proposer/bidder named below. This certificationis made under the laws of the State of California.
CompanyA/endor Name (Printed)
City of Newport Beach
Federal ID Number
95-6000751
By (AuthorizedSignature) Date
PrintedName and Titleof Person Signing
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinizedcompany, on a case-by-case basis, to bid on or submit a proposal fora contract with a stateagency forgoods or services,ifitis inthe best interestsof the state.Ifyou are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.
CompanyA/endor Name (Printed)
City of Newport Beach
Federal ID Number
95-6000751
By (Authorized Signature) Date
Printed Name and Titleof Person Signing
Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 28 of 46 6-34
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan General
1 Applicant Information
a. Applicant Name
b. OrganizationalUnit
c. Address
d. Address 2
City of Newport Beach
100 Civic Center Drive
City Newport Beach
95-6000751
State CA Zip 92627
Unique EntityId.
e.
f. Federal ID Number
Agency Type9-
C City
(' Federallyor State Recognized NativeAmerican Tribe
C County
C District
Goals and Objectives
Based on an agency's application,DBW willprioritizefunding according to agencies demonstrating the greatest need, cost effectivemethods, and preventionstrategies.Additionally,pointsare awarded foragencies thatwork with their localprivatemarina owners inthe prevention of abandoned vessels. 2 Project Information
a. ProjectName Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026
Isimplementing agency same as Applicantb. C Yes r No
Implementing Agency Name
Project StartDate
Amount of Funds Requested
c.
d. Oct-01-2025
$100,000.00
End Date
Project Cost
Sep-30-2027
$110,000.00e.
3. BillingAddress
Ifbillingaddress isdifferentthan Applicantand/or Contact, please provide BillingAgency
Name:
a.
Address:
State:
City: Zip:
Phone:
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 29 of 46 6-35
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan 3 Contacts
a. Authorized Representative
Name
Title
Mailing Address
Paul Blank
Harbormaster
100 civic center dr
newport beach
(949) 270-8159
[email protected]
City State CA Zip 92660
Telephone
E-mail Address
Fax
b. ProjectAdministrator
Name
Title
Mailing Address
Cynthia Shintaku
Administrative Liaison
1600 W Balboa Blvd
Newport Beach
(949) 270-8159
[email protected]
City State CA Zip 92663
Telephone
E-mail Address
Fax
Contract # C25S0606, City ofNewport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page; 30 of 46 6-36
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan
1. Minimum Qualifications
Does your agency have an enforcement program to address abandoned boats? Yes r No1.
Harbor Code Enforcement officers are out on the water daily. Their duties include monitoring Newport Harbor as a whole, includingprivateslipsand anchorage areas. Our Harbor Department staffcoordinate with the Harbor Code Enforcement officersto identifyvessels thatmay be a potentialor existingproblem inthe harbor. Thorough education and information is provided to vessel owners to promptly bringvessels intocompliance or utilizethe Vessel Turn In Program (VTIP). Owners may be issued a "Notice of Violation,"ifthey failto bringvessels intocompliance withina specifiedtimeframe. Vessels thatare abandoned or have no identifiable owners are processed forthe Abandoned AWF. Vessel condition,safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds for destruction. Vessels at risk of sinking or represent other hazardous conditions are placed in prioritystatus forthe VTIP program.
IfYes, describe
45961 0 612 17.70
bnTorcement.par
Attach ordinance, resolution,or municipal code authorizingyour agency's involvement and Itsjurisdictionforprevention and removal of abandoned vessels and accepting surrendered vessels.
2. Has your agency been out of compliance with the terms of any other Department of C Yes Parks and Recreation contractor grant agreements withinthe past 3 years? C No3.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 31 of 46 6-37
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan
1. California State Senate Districts
Select one or more of the California State Senate Districtswhere the proposed projectactivitieswilloccur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html)inyour browser to determine the State Senate district(s).
State Senate 02
^ StateSenate 07
I”StateSenate 12
State Senate 17
I”StateSenate 22
State Senate 27
^ StateSenate 32
^ StateSenate37
I”StateSenate05
State Senate 10
State Senate 15
State Senate 20
^ StateSenate 25
^ StateSenate30
State Senate 35
^ StateSenate40
State Senate 03
State Senate 08
State Senate 13
^ StateSenate18
State Senate 23
^ StateSenate28
State Senate 33
State Senate 38
^ StateSenate04
I” StateSenate09
I” StateSenate 14
State Senate 19
r” StateSenate24
State Senate 29
r StateSenate34
State Senate 39
^ StateSenate01
I”StateSenate 06
State Senate 11
InstateSenate16
I”StateSenate 21
^ StateSenate26
f”StateSenate 31
State Senate 36
2. California State Assembly Districts
Select one or more of the CaliforniaState Assembly Districtswhere theproposedprojectactivitieswilloccur.
Copy and Paste the URL (http://wvw.legislature.ca.gov/legislators_and_districts/districts/districts.html)inyour browser to determine the State Assembly district(s).
State Assembly 03
^ StateAssembly07
^ StateAssembly11
State Assembly 15
^ StateAssembly19
State Assembly 23
r*StateAssembly27
State Assembly 31
State Assembly 35
I”StateAssembly39
State Assembly 43
State Assembly 47
State Assembly 51
I”StateAssembly55
r"StateAssembly59
State Assembly 63
State Assembly 67
r*StateAssembly71
State Assembly 75
State Assembly 79
State Assembly 04
State Assembly 08
State Assembly 12
I”StateAssembly16
^ StateAssembly20
I”StateAssembly24
^ StateAssembly28
r~StateAssembly32
^ StateAssembly36
^ StateAssembly40
I”StateAssembly44
^ StateAssembly48
State Assembly 52
^ StateAssembly56
^ StateAssembly60
^ StateAssembly64
r"StateAssembly68
State Assembly 72
r*stateAssembly76
^ StateAssembly80
r”StateAssembly01
State Assembly 05
I”StateAssembly09
I”StateAssembly13
State Assembly 17
State Assembly 21
State Assembly 25
r"StateAssembly29
r"StateAssembly33
State Assembly 37
^ StateAssembly41
State Assembly 45
I”StateAssembly49
r”StateAssembly53
r”StateAssembly57
State Assembly 61
State Assembly 65
r"StateAssembly69
State Assembly 73
^ StateAssembly77
^ StateAssembly02
^ StateAssembly06
r”StateAssembly10
^ StateAssembly14
State Assembly 18
State Assembly 22
I”StateAssembly26
I”StateAssembly30
^ StateAssembly34
State Assembly 38
^ StateAssembly42
State Assembly 46
State Assembly 50
^ StateAssembly54
r*StateAssembly58
^ StateAssembly62
State Assembly 66
State Assembly 70
^ StateAssembly74
State Assembly 78
rr
r
f?
r r
3. California Congressional Districts
Select one or more of the CaliforniaCongressional Districtswhere the proposed projectactivitieswilloccur.
Copy and Paste the URL (https://www.govtrack.us/congress/members /CA) in your browser to determine the Congressional district(s).
Congressional District1
^ CongressionalDistrict4
r Congressional District 3
^ CongressionalDistrict 6
Congressional District 2
Congressional District 5r
Contract# C25S0606. City ofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 32 of 46 6-38
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan r r ^ CongressionalDistrict 9
Congressional District12
Congressional District15
Congressional District18
Congressionai District21
Congressional District24
^ CongressionalDistrict27
^ CongressionalDistrict30
Congressional District33
Congressional District36
Congressionai District39
Congressionai District42
^ CongressionalDistrict45
Congressional District48
Congressional District 51
Congressionai District7
Congressionai District10
Congressional District13
Congressionai District16
Congressional District19
^ CongressionalDistrict22
^ CongressionalDistrict25
Congressional District28
Congressional District 31
Congressional District34
^ CongressionaiDistrict37
Congressionai District40
I”CongressionaiDistrict43
^ CongressionaiDistrict46
Congressionai District49
r*CongressionalDistrict52
Congressionai District8
Congressionai District 11
Congressional District14
I”CongressionalDistrict17
Congressional District20
Congressional District23
^ CongressionalDistrict26
^ CongressionaiDistrict29
^ CongressionaiDistrict32
^ CongressionaiDistrict35
Congressional District38
r”CongressionalDistrict41
Congressional District44
Congressional District47
^ CongressionalDistrict50
^ CongressionaiDistrict53
r
r
r
r r
r r
r r
r r
r r
r
17 4. County
Select one or more of the California Counties where the proposed projectactivitieswilloccur.
Butte
Fresno
^ Alpine
^ ContraCosta DeiNorte
^ Imperial
Los Angeles
Modoc
1“Placer
^ Alameda Amador
El Dorado
^ Kern
^ Marin
^ Monterey
Riverside
^ Calaveras
Glenn
^ Lake
^ Mendocino
^ Nevada
^ San Benito
Colusa
Humboldt
^ Lassen
^ Merced
^ Orange
San
Bernardino
Santa Barbara
^ Inyo
Madera
Mono
^ Plumas
r Kings
Mariposa
Napa
Sacramento
r
r r
San Diego SanFrancisco^ SanJoaquin ^ San Luis
Obispo
I”Sierra
Tehama
Yuba
^ San Mateo
I”SantaClara
^ Sonoma
Tuolumne
Santa Cruz
Stanislaus
^ Ventura
Shasta
^ Sutter
^ Yolo
^ Siskiyou
Trinity
Solano
Tulare
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 33 of 46 6-39
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan
3. Jurisdictional Control
Listallwaterbodies thatare inyour jurisdictionaicontroland fillinthe chartforeach - What are your Primary Responsibilitiesinyour AOR - Objective 4: Existence of an Active Enforcement Program Identify
which
agency has
lead
jurisdiction
for
Acres or
square
miles of
this
waterbod
y in your
Jurisdicti
removing
abandoned
vessels and
accepting
surrenders
d vessels in
this
waterbody.
Cityof
Newport
Beach-Harbor
Department
What are the
corporate limits
of your agency's
Jurisdictional
control in each
waterbody?
The City has
jurisdictionof the
whole harbor. Itis
the lead agency in
regards to code
enforcement,
uniess there is an
emergency, which
becomes the
Orange County
Sheriffs
jurisdiction.
List all other
agencies who
share
Jurisdictional
control of this
waterbody.
Orange County
SheriffDepartment
Harbor Patrol
(Emergencies
Only)
Identify
your
primary
responsibili
ties in this
waterbody
Code
Enforcement
Patrol
How often
does your
agency
monitor this
area?
Waterbody
Name on
Several times
a day, 7 days
a week
Newport
Harbor
800 Acres
Staff Dedicated to Abandoned and Surrendered Vessel Activities4.
Staff dedicated to Abandoned and Surrendered Vessel Activities- Objective 4: Existence of an active enforcement program
Total
number of
hours per
week
dedicated
to removal
Total
number of
hours per
week
dedicated
to receipt
List the names and titlesof staffassigned in theirJob duties to the removal of abandoned vessels and receipt of
surrendered vessels.
ofof
abandoned
vessels
surrenders
d vessels
Total hours
per week
10.00Harbormaster 5.00 5.00
Code Enforcement Supervisor
Code Enforcement Officer (3)
Administrative Coordinator
5.00 5.00 10.00
15.0015.00 30.00
6.00 14.00 20.00
Objective 1: Prevention
Does your agency accept surrendered vessels? f? Yes r No5.
How does your agency advertisethisprogram component?6.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026. Date:09/18/2025 Page: 34 of 46 6-40
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Publicity Efforts:
17 Advertised on your website
Agency newsletters
PSAs, billboards
Social media
17 r
17 17 Distributingbrochures
Other
[Email Campaigns]
17 Number of methods selected to actively
promote selfturn-in
5 Number of brochures distributed per year at:
# of Brochures List names of Events
100 Monthly Harbor Commission Meetings
Community Meetings and Presentations80
# of Brochures List names of Marinas
20 Bavside Village Marina
Balboa Bay Club
Newport Dunes Waterfront
California Recreational Marina
20 20
20 # of Brochures List names of Other Activities
1,200 Webpage visits
Brochures Available in Office75
Did your agency have a plan to increase the number of surrendered vessels accepted over the lastcalendar year? Ifso, what was the plan and what were the results?Additionally,what plans does your agency have to increase the number of surrendered vessels you accept thisyear? The Newport Beach City Council and Harbor Commission have an active interest in the condition of vessels in Newport Harbor. Staffregularlyreportsto the City Council and the Harbor Commission on the progress of remediating derelictvessels from the Harbor and those towed fordisposal.Our Code Enforcement officersoften recommends the VTIP to eligible candidates. In addition, theCityhas a web page, flyers,socialmedia posts and email campaigned forVTIP outreach. Most program participantscontact staffdirectly, through existingadvertisingefforts,referralsfrom previous VTIP participaantsand the DBW SAVE Grant web page. In the coming
year, the Citywould like tocontinue settingaside a portionof the SAVE Grant to specificallyservice VTIP vessels in Orange County and the surrounding counties.
7. In the 2021-2023 grant cycle, theCityprocessed 26 surrendered vessels and 4 abandoned vessels. In our current 2023-2025 grant cycle,26 surrendered vessels and 7 abandoned vessels have been processed. We are currentlyworking on 2 additional surrendered vessels and continue to add interestedapplicants to our waitlist.
Newport Harbor ishome to 1,200 moorings, 1,200 residentialpiers,dry storage and 60 marinas.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 35 of 46 6-41
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan There isa a need in Newport Harbor to assistwith a deterioratingand aging boating community.
Removing problematicvessels clearsthe mooring fields,marinas and docks, creatingmore open space forrecreationand providing more availabilityfornew boaters to store vessels in Newport Harbor. The Citycertainlyworks to remediate issues in Newport Harbor, but accepts vessels from the surrounding citiesand counties.City staff understands thatthe grant funding should assist theboating community inthe Southern California region,as a whole.
How often does your agency coordinate with localboating groups or marinas to inform them of the surrendered vessel program? Describe activitiesand identifygroups/marinas contacted inthe lastcalendar year. (Answer only ifyou selected 'Yes’to Q 5.)
8. The City of Newport Beach has an ongoing waiting listof individuals who have reached out to the City with an interestin turningintheirvessel. Neighboring agencies also referconstituentsto us who may be qualifiedforthisprogram. As the Citymakes itsway down the waiting listof eligible vessels forthe VTIP program, we send out email camapigns, social media blasts, notifications,and ads to localmarina and boating groups to inform them and remind them of the VTIP program.
Neighboring agencies frequentlyreferconstituents,as they are aware thatwe are active in promoting the program and are efficientinthe program process.
Below are some of the localboating groups thatare notified ofthe VTIP program:
American Legion Yacht Club
Bahia Corinthian Yacht Club
Balboa Yacht Club
Lido Isle Yacht Club
Newport Beach Yacht Club
Newport Harbor Yacht Club
Newport Beach Yacht Club
Does your agency accept surrendered vessels from boaters outside itsjurisdiction?
(? Yes r No9.
Ifso, how many surrendered vessels have you received in the last calendar year?
15 Ifnot,identifywhy?
Describe how your agency monitors abandoned vessel activityinyour jurisdiction.Select allthatapply.10. 17 Routine patrolof jurisdiction
Visit marinas/dockwalks17
17 Direct contact with boat owners
[7 Check vessel registration
Check seaworthiness (listing,occupancy, trash,bilgerunning, operable lights) Abandoned vessel mapping and tracking
Multi-agency coordination
Utilize NASA data
17 17
17 r
Number of methods selected to monitor abandoned vessel activity 7 The Cityof Newport Beach Harbor Department staffworks with11. Describe additionalmethodologies, ifany, (besidesparticipationinSAVE) youragency theboatingcommunity to keep vessels seaworthy and operable, uses to prevent abandoned vessels within Harbor Department staffconducts patrolsof the offshore Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 36 of 46 6-42
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan mooring field,anchorage, publicpiers,privatedocks and
marinas, activelyinspectingvessel conditions.Allvessels that anchor inour anchorages or rentmoorings from us are required to pass a dye tab test,implemented by our staffannually.
Additionally,mooring permittees must prove operabilityas a condition to obtain a permit.
itsjurisdiction?
Allmooring permittees are requiredto submit proof of vessel insurance and registration.Allshort-termmooring renters and marina sliptenants are also required to demonstrate proof of insurance and registration.
Staffactivelyinvestigatesreports of distressed vessels and when issues of concern are discovered, making contact with the owner on record. Annually, mooring live-aboardpermittees are required to pass a vessel inspectionconducted by our staff annually. The required vessel inspection demonstrates vessel operabilityand seaworthiness, and thatthe holding tank is in good working order and free of leaks.
The Newport Beach Harbor Commission has continuously
supported staffinthe identificationand remediation of problem vessels.
Objective 2: Control
Describemethodologies,ifany,youragency The Cityof Newport Beach's Harbor Department staffworks to has implemented to controland prevent
abandoned vessels from entering its
jurisdictionfrom other areas.
12. identifyproblem vessels during theirdailypatrolsand makes contact with vessel owners. Staff will determine whether the vessel can be brought intocompliance and vessel owners are encouraged to work on theirvessels.
Other vessels thatare inoperable and not seaworthy are
solicitedforthe VTIP program.
The City Harbor Department staffenforces Newport Beach
Municipal Code Chapter 17, also known as the Harbor Code.
Since obtainingthe SAVE Grant, the number of abandoned
vessels have decreased due to thisprogram. Staffencourages owners of derelictand neglected vessels to turn in their vessels, making the process as streamlined as possible forthe vessel owners. However, there are instances when vessels are
abandoned in the publicanchorage, piersand mooring fields in Newport Beach or neighboring jurisdictions.
Does your agency collaboratewith neighboring SAVE grantees that manage abandoned and surrendered vessels?
Yes r No13.
Ifyes, listagencies and describe collaboration.
In 2024, our department removed 15 surrendered vessels from our neighboring agencies. Vessels that were surrendered to us ranged from Coachella, Burbank to our neighboring citiesin Orange County. A number of agencies from Los Angeles County, Riverside County and San Bernarndino County have referredapplicantsto us. One of the main reason that we are able to assist our neighboring agencies isdue to the program resources we have established. The City of Newport Beach has active contracts with our vendors that offer comeptitive pricingforvessel towing and destruction.Our program staffhave also streamlined the SAVE grant process thateffectivelyguides Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 37 of 46 6-43
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan our applicantsfrom fillingout program forms to gettingtheirvessels removed by our selected vendors.
Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels in your jurisdiction? Explain circumstances/conditions.
Newport Harbor Isone of the largestsmall craftrecreationalharbors on the west coast. We welcome and service transientand localboaters alike.However, over the years, some boaters have found themselves financiallyunable to maintain theirvessels, opting to turn in the vessel or simply lettingthe vessel become derelictand/or abandoned.
Transient boaters frequentlyabandon vessels in Newport Harbor with the idea thatthe localagencies willremediate the blight.Cityof Newport Beach Harbor Department staffhas extensive experience working with boaters as they request assistance turninginvessels.Due to the cost of hauling out and maintenance, some boaters resortto abandoning theirvessels.Inthose cases, the Cityof Newport Beach takes actionto relocate,investigatethe case and ultimatelydestroy the vessel.
14. Objective 5: SNHAP
Per HNC 525, when evaluating an applicationDBW shallgive greaterweight to applicantswho have an existing SNHAP.
Does your agency have a Submerged NavigationalHazard Abatement Plan (SNHAP)?
(T Yes r No15.
45985 0 150 17.70.30-.40.pdfIfYes, attach copy.
Summarize the detailedprocess inyour
SNHAP for the abatement of non-vessel
17.70.030 Impound of Vessels or Structures.
The Harbormaster may authorizethe impound of a vessel or relatednavigationalhazards and commercial structurelocated in or over the waters of Newport Harbor or the vessels.
16. PacificOcean under any of the followingcircumstances:
A. Unless otherwise permitted under thistitle,the vessel or structureisattached to a mooring thatisnot the vessel or structureidentifiedon the mooring permit.
B. An unpermitted vessel or structureisattached to a public mooring, dock, or slip.
C. A vessel or structureis inviolationof the anchorage or berthing requirements of thistitle.
D. The vessel or structure is left unattended and is moored, docked, beached, or made fast toland ina positionthat
obstructs the normal movement of traffic or in a condition that creates a hazard to other vessels using the waterway, to public safety,or to the propertyof another.
E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigation or to the public
health, safety,or welfare.
F. The vessel or structureposes a threatto adjacent wetlands, levees, sensitivehabitat,any protected wildlifespecies, or water quality.
G. A vessel or structureisfound or operated upon a waterway with a registrationexpirationdate
in excess of one year before the date on which itisfound or operated on the waterway.
H. The vessel or mooring permittee does not have proper insurance or owes a debt to the City.
I.Federal or State law permits the Cityor any peace officer, lifeguard,or marine safety officeremployed by the City to remove, and, ifnecessary, store a vessel removed from a public waterway.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 38 of 46 6-44
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Identifythe SNHAP’s funding source forthe control/abatementof non-vessel related water hazards, hazardous floatingdebris (such as logs),submerged objects and abandoned piersand pilings
17. 17.20.040 - Allstray,unattended or abandoned vessels,timber or any other personal property found inthe water or on the shore of Newport Harbor or the PacificOcean not inthe lawfulpossession or control of some person, shallbe immediately reported to the Harbormster. Any such vessel or property shallbe dealtwith as provided inthe appropriate provisionsof Chapter 1.20 and 17.70, or Section 510 et seq. of the CaliforniaHarbor and NavigationCode, as the same now read or may hereafterbe amended. For purposes of thissection,any vessel on the PacificOcean shallbe deemed to be stray,unattended and abandoned ifthe vessel isunoccupied by a person during:
A. Any nighttimehours (sunset to sunrise);
B. Any time period when a small craftadvisory or greater has been issued by the National Oceanic and Atmospheric Administration;or
C. Daylighthours formore than three hours.
17.45.030 D - Refuse and Vessels on Shoreline. No person shallplace or allow abandoned vessels or boats, materials,garbage, refuse, debris,litter,timber or other waster matter of any descriptionto remain on or upon the shorelines of the PacificOcean or on the shorelines of Newport Harbor within the City.The City may remove the same with or without notice,and the cost thereofmay be recovered from any person owning the same, or placing or causing itto be placed on the shoreline.
17.70.030 - Impound of Vessels or Structures:The Harbormaster may authorized the impound of a vessel or structure located in or over the waters of Newport Harbor or the PacificOcean under any of the followingcircumstances:
A. Unless otherwise permitted under thistitle,the vessel or structureisattached to a mooring that is not the vessel or structureidentifiedon the mooring permit.
B. An permitted vessel or structureisattached to a publicmooring, dock, or slip.
C. A vessel or structureis inviolationof the anchorage or berthingrequirements of thistitle.
D. The vessel or structure is left unattended and is moored, docked, beached, or made fast to land in a positionthat obstructs the normal movement of traffic or in a condition that creates a hazard to other vessels using the waterway, to publicsafety,or to the property of another.
E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigation or to the public, health, safety,or welfare.
F. The vessel or structureposes a threatto adjacent wetlands, levees, sensitivehabitat,any protected wildlifespecies, or water quality.
G. A vessel or structureisfound or operated upon a waterway with a registrationexpirationdate in excess of one year before the date on which itisfound or operated on the waterway.
H. The vessel or mooring permittee does not have proper insurance or owes a debt to the City.
I.Federal or State law permits the City or any peace officer,lifeguard, ormarine safety officer employed by the Cityto remove, and, ifnecessary, store a vessel removed from a publicwaterway.
The City may charge or bring action inthe courts of thisstateto recover any costs pursuant to impounding a vessel or structure.
Additionally,the City partners with a coalitionof Orange County based environmental groups to furtherclean-up and identifynon-vessel relatedhazards in Newport Harbor. Over 300 scuba divers and above-water volunteers on small vessels spend the day checking on problem areas inthe Contract # C25S0606. City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 39 of 46 6-45
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan harbor and collectingtrash,plastics,and other discarded water pollutants.Objects thatare too difficultto retrieveduring the day are marked and the appropriate professionalsare brought into assistin the retrievalof the object.Last year, over 5,000 pounds of non-vessel relateddebris was removed from Newport Harbor.
Funding forthe removal of the marine debris ispartof the Harbor Department's annual operating budget.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 40 of 46 6-46
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Objective 3: Cost Effectiveness
Has your agency been involvedinabatement activitiesduring the past 3 calendar (7 Yes years?
Ifyes, providethe average costto remove and destroyvessels in the chart belo\«:
r No
ABANDONED VESSELS AVERAGE
COST
$1,500 or lessVessels Less Than 30' LAST CALENDAR
YEAR
18. Vessels Less Than 30' more than $3,000 LAST 3
CALENDAR
YEARS
18a.
more than $5,000Vessels Greater Than 31' LAST CALENDAR
YEAR
19. more than $5,000Vessels Greater Than 31' LAST 3
CALENDAR
YEARS
19a.
SURRENDERED VESSELS
more than $1,000Vessels Less Than 30'
20. LAST CALENDAR
YEAR
more than $1,000Vessels Less Than 30'
LAST 3
CALENDAR
YEARS
20a.
more than $2,000Vessels Greater Than 31'
LAST CALENDAR
YEAR
21. Vessels Greater Than 31' more than $2,00021a. LAST 3
CALENDAR
YEARS
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 41 of 46 6-47
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Identifythe lastthree CLOSED SAVE grants awarded and the percentage of unspent funding thatwas leftin each grant.
22. ONLY LIST CLOSED GRANTS
Percentage
of funding
left over
Closed SAVE grants
year awarded
Amount
Awarded
175,000.00 162020
175,000.00 32021
0.00 02022
Identifythe number of personnel currentlyworking inthe program with more than two years' experience managing the SAVE program.
323.
What process/method/practice have you
implemented inthe last24 months to reduce
the grant program's cost of removing and
destroying abandoned or surrendered
vessels?
Harbor Code Enforcement officers are out on the water daily.
Their dutiesincludemonitoring Newport Harbor as a whole, includingprivateslipsand anchorage areas. Our Harbor
Department staffcoordinate with the Harbor Code Enforcement officersto identifyvessels thatmay be a potentialor existing problem in the harbor. Through education and informationis provided to vessel owners to promptly bring vessels into compliance or utilizethe Vessel Turn in Program (VTIP).
Owners may be issued a Notice of Violationifthey failto bring vessels intocompliance withina specifiedtimeframe. Vessels that are abandoned or have no identifiable owners are
processed forthe Abandoned AWF. Vessel condition istaken intoconsideration when prioritizingenforcement and the use of SAVE funds fordestruction.Vessels at risk ofsinkingor
represent other hazardous conditionsare placed inpriority status forthe VTIP program.
24. Does your agency have additionalfunding sources (otherthan SAVE) forremoval f~ Yes and disposalof abandoned vessels inthe event you run out of grant funding or are not awarded the fullgrant request?
C No25.
Ifyes, list
Does your or a partneragency have vessel storage capabilitiesthatcan be used by Yes your agency at no cost to SAVE?
r No26.
Does your agency have access/abilityto dispose of vessels at a local or neighboring landfill?
r Yes a No27.
What isthe number of abandoned vessels inyour jurisdictionthatwillbe ready for disposal during thisgrant period,ifawarded?
1028.
How were these vessels identified? Abandoned vessels inour harbor are impounded due to several code violations, vessel owners are unreachable after our staff have made several attempts to contact the them.
What isthe number of surrendered vessels inyour jurisdictionthatwillbe ready for disposal during thisgrant period,ifawarded?
3029.
How were these vessels identified? Individualscontacted the Cityof Newport Beach through our staffprovidingeducation on the program, or through referral from neighboring agencies.
Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 42 of 46 6-48
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Did you collaboratewith marinas inyour jurisdictionto identifythe number of potentialsurrendered vessels listedinyour budget?
^ Yes r No30.
American Legion Post 291; Bahia Corinthian Yacht Club; Balboa Bay Club; Balboa Boat Yard; Balboa Yacht Club; Balboa Yacht Club Marina; VillaCove Marina; 28th Street Marina; Antibes Marina; Lido Resort/Moana Marina; Lido Peninsula Yacht
Anchorage; Newport Harbor Yacht Club; South Coast Shipyard; Valley Marina; Vikings Port Marina
Ifyes, listmarinas.
Contract # C25S0606, City ofNewport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 43 of 46 6-49
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Budget
ESTIMATED
COST
VESSEL
LENGTHList Identified Abandoned Vessels (CF #s)
25,000.00Coast Guard Doc # 925952-Pescaholic 49
CF 4766 TF 41 20,000.00
31 5,000,00CF 9964 SM 1
25 2,000.00CF 0995 GV
52,000Total
VESSEL
LENGTH
ESTIMATED
COSTList Identified Surrendered Vessels (CF #s)
Coast Guard Doc # 568668 22,000.0040
Coast Guard Doc# 277077 45 29,500.00
17,500.00Coast Guard Doc #1047781 40 1
Coast Guard Doc #228270 45 29,500.00
Coast Guard Doc #626059 38 8,000.00I
2,000.00CF 3497 FB 20
28 3,500.00Coast Guard Doc# 500764 I
112,000,00Total
APPROXIMAT
E VESSEL
LENGTH
ESTIMATED
COST
Total number
of vesselsEstimate Future Abandoned Vessels
Estimated about 10 vessels being abandoned intwo
years
10 20-50 58,000.00
58,000.0010Total
Justification: We are estimating processing 10 abandoned vessels ranging between 20'-50' in the program inthe next two years.
APPROXIMAT
E VESSEL
LENGTH
Total number
of vessels
ESTIMATED
COSTEstimate Future Surrendered Vessels
Estimating about 20-30 vessels to be surrendered over
the two years
30 9-50 28,000,00
28,000.0030Total
Justification: With the current demand of the VTIP program, we anticipateprocessing 30 vessels in the next two years. We willcontinue offeringthisprogram service to our constituentsalong with assistingour neighboring agencies. 250,000TOTAL GRANT
25,000REQUEST PLUS 10%
25,000AGENCY MATCH
275,000TOTAL PROJECT COST
Contract # C25S0606, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 44 of 46 6-50
EXHIBIT F - Grant Application:Letterof Intent,Scope of Work and Work Plan Contract # C25S0606, City ofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 45 of 46 6-51
EXHIBIT F - Grant Application:Letterof 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) shat!be matched by a 10% contributionfrom the locaiagency receivingthe grant.”Matching fund may be rendered in cash, or through in-kindcontributionswhich must be verified,and are at the discretion of DBW.
These contributionsmay inciude (butare not limitedto)the following:administrativecosts,personnel hours, removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met.
Under penalty of perjury,Icertifythat Ihave examined thisapplicationand the documentfs), proposal(s), and statement(s)submitted inconjunctionherewith,and thatto the best of my informationand belief,the information contained herein is true, accurate, correct, and complete. a.
b. Icertifythat Iam the person authorized to submit thisapplicationon behalfof the applicant.
Prepared by: Name: Cynthia Shintaku Date 04/28/2025
Reviewed by: Name: Paul Blank Date 04/28/2025
Approving Officer: Name: Date 04/28/2025Paul Blank
Contract # C25S0606, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025 Page: 46 of 46 6-52