ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH CORE WATER SYSTEMS, INC FOR
VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered intoas of this14th day ofApril,2026 (“EffectiveDate”),by and between the CITY OF NEWPORT BEACH, a Californiamunicipal corporation and charter city (“City”),and CORE WATER SYSTEMS, INC, a Californiacorporation (“Consultant”), whose address is24881 AliciaPkwy, Suite E-212, Laguna Hills,California 92653, and is made with reference to the following:
RECITALS
City is a municipal corporation duly organized and validlyexistingunder the laws of the State of Californiawith the power to carry on itsbusiness as itisnow being conducted under the statutes of the State of California and the Charter of City.
City desires to engage Consultant to provide on-callvessel removal, storage, and disposal services forsurrendered or abandoned vessels (“Project").
Consultant possesses the skill,experience, ability,background, certificationand knowledge to provide the professionalservices described in thisAgreement.
City has solicitedand received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retainConsultant to render professionalservices under the terms and conditions set forthinthisAgreement.
A.
B.
C.
D.
NOW, THEREFORE, itismutuallyagreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on April14, 2029, unless terminated earlieras set forthherein.This Agreement shallautomaticallyrenew for up to two (2) additionalone (1) year terms, upon the same terms and conditions set forthherein unless City provides written notice of its intent not to renew priorto the end of the active term. Notwithstanding the foregoing,the totalterm of thisAgreement shallnot exceed five(5)years.
2. SERVICES TO BE PERFORMED
Consultant shall perform the on-call services described in the Scope of Services attached hereto as ExhibitA and incorporated herein by reference (“Services” or “Work”). Upon written request from the Project Administrator as defined herein.
Consultant shallprovide a letterproposal for Services requested by the City (hereinafter referredto as the “LetterProposal”). The Letter Proposal shallinclude the following:
2.1 Attachment A
2.1.1 A detaileddescriptionof the Services to be provided;
2.1.2 The positionof each person to be assigned to perform the Services, and the name of the individualsto be assigned, ifavailable;
2.1.3 The estimated number of hours and cost to complete the Services; and
2.1.4 The time needed to finishthe specificproject.
No Services shallbe provided untilthe ProjectAdministratorhas provided writtenacceptance of the LetterProposal. Once authorized to proceed. Consultant shall diligentlyperform the dutiesinthe approved LetterProposal.
AllServices shallbe provided in accordance with the terms and conditions set forth in the State of California - Natural Resources Agency Department of Parks and Recreation Divisionof Boating and Waterways Grant Agreement, Surrendered and Abandoned Vessel Exchange (SAVE-25), Grant No. C25S0606, with an effective date of November 20, 2025, or any supplement or amendment thereto,as administered by the City(“GrantAgreement”).A copy of the Grant Agreement isincorporatedherewithbyreference and attached hereto as Exhibit D.
2.2 2.3
3. TIME OF PERFORMANCE
Time isofthe essence inthe performance ofServicesunder thisAgreement and Consultant shallperform the Services in accordance with the schedule included in ExhibitA and the LetterProposal. In the absence of a specificschedule, the Services shallbe performed to completionin a diligentand timely manner. The failureby Consultant to strictlyadhere to the schedule setforthinExhibitA and the LetterProposal, ifany,or performthe Servicesina diligentand timelymanner may resultin termination of thisAgreement by City.
3.1 Notwithstandingthe foregoing.Consultant shall not be responsible for delays due to causes beyond Consultant’sreasonable control. However, in the case of any such delay inthe Services to be provided forthe Project,each partyhereby agrees to providenoticewithintwo (2)calendardays ofthe occurrence causing the delay to the other partyso thatalldelays can be addressed.
Consultantshallsubmit allrequestsforextensionsof time forperformance in writingto the ProjectAdministrator as defined herein not laterthan ten (10) calendar days afterthe startof the conditionthat purportedlycauses a delay. The Project Administratorshallreviewallsuch requestsand may grant reasonable time extensions forunforeseeabledelaysthatare beyond Consultant’scontrol.
For alltime periods not specificallyset forth herein.Consultant shall respond in the most expedient and appropriatemanner under the circumstances, by hand-delivery or mail.
3.2 3.3
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4. COMPENSATION TO CONSULTANT
City shallpay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of thisSection and the Letter Proposal and the Schedule of BillingRates attached hereto as Exhibit B and incorporated herein by reference. Consultant’scompensation forallWork performed in accordance with this Agreement forthe initialterm and alloptionterms, ifany ,includingallreimbursable items and subconsultant fees, shall not exceed Two Hundred FiftyThousand Dollars and 00/100 ($250,000.00), without prior written authorizationfrom City. No billingrate changes shall be made during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant’s billsshallinclude the name of the person who performed the Work, a briefdescriptionof the Services performed and/or the specific task in the Scope of Services to which itrelates,the date the Services were performed, the number of hours spent on allWork billedon an hourly basis,and a descriptionof any reimbursable expenditures. City shallpay Consultant no laterthan thirty(30) calendar days afterapproval of the monthly invoice by City staff.
Cityshallreimburse Consultant only forthose costs or expenses specifically identifiedin ExhibitB to thisAgreement and the LetterProposal or specificallyapproved inwritingin advance by City.
Consultant shall not receive any compensation for Extra Work performed without the priorwrittenauthorizationof City. As used herein,“Extra Work” means any Work that isdetermined by Cityto be necessary forthe proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of BillingRates as set forthin ExhibitB and the LetterProposal.
4.2 4.3
4.4 5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shallbe availableto City at allreasonable times during the Agreement term. Consultant has designated Jason Whipple to be its Project Manager. Consultant shallnot remove or reassign the Project Manager or any personnel listedin ExhibitA or assign any new or replacement personnel to the Project without the priorwritten consent of City. City’s approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
Consultant, at the sole discretionof City,shallremove from the Project any of itspersonnel assigned to the performance of Services upon written request of City.
Consultant warrants that itwillcontinuously furnishthe necessary personnel to complete the Project on a timely basis as contemplated by thisAgreement.
5.1 5.2
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IfConsultant isperforming inspectionservices forCity,the ProjectManager and any other assigned staffshallbe equipped with a cellularphone to communicate with City staff.The ProjectManager’s cellularphone number shallbe provided to City.
5.3 6. ADMINISTRATION
This Agreement will be administered by the Harbor Department.
Harbormaster or designee shallbe the ProjectAdministratorand shallhave the authority to act forCity under thisAgreement. The ProjectAdministratorshallrepresent City inall matters pertainingto the Services to be rendered pursuant to thisAgreement.
City’s
7. CITY’S RESPONSIBILITIES
To assist Consultant in the execution of itsresponsibilitiesunder thisAgreement, City agrees to provide access to and upon request of Consultant, one copy of allexisting relevantinformationon fileat City. Citywillprovide allsuch materials in a timely manner so as not to cause delays in Consultant’s Work schedule.
8. STANDARD OF CARE
Allof the Services shallbe performed by Consultant or under Consultant’s supervision. Consultant represents that itpossesses the professional and technical personnel required to perform the Services required by thisAgreement, and that itwill perform allServices in a manner commensurate with community professionalstandards and with the ordinary degree of skilland care that would be used by other reasonably competent practitionersof the same disciplineunder similar circumstances. All Services shallbe performed by qualifiedand experienced personnel who are not employed by City.
By deliveryof completed Work, Consultant certifiesthat the Work conforms to the requirements of thisAgreement, allapplicablefederal,state and local laws, and legally recognized professionalstandards.
Consultant represents and warrants to Citythatithas, shall obtain, and shall keep in fullforce and effectduring the term hereof, at itssole cost and expense, all licenses,permits, qualifications,insurance and approvals of whatsoever nature that is legallyrequiredof Consultant to practiceitsprofession.Consultant shallmaintain a City of Newport Beach business licenseduring the term of thisAgreement.
Consultant shall not be responsible for delay, nor shall Consultant be responsible fordamages or be indefaultor deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failureof City to furnishtimely information or to approve or disapprove Consultant’s Work promptly, or delay or faulty performance by City,contractors,or governmental agencies.
8.1 8.2
8.3 9. HOLD HARMLESS
To the fullestextent permitted by law. Consultant shall indemnify, defend and hold harmless City, itsCity Council, boards and commissions, officers,agents, volunteers and employees (collectively,the “Indemnified Parties”)from and against any
9.1
and allclaims (including,without limitation,claims for bodilyinjury,death or damage to property),demands, obligations,damages, actions, causes of action, suits, losses, judgments, fines,penalties,liabilities,costs and expenses (including,without limitation, attorneys’fees, disbursements and court costs) of every kind and nature whatsoever (individually,a Claim; collectively,“Claims”),which may arisefrom or inany manner relate (directlyor indirectly)to any breach of the terms and conditionsof thisAgreement, any Work performed or Services provided under thisAgreement including,without limitation, defects inworkmanship or materialsor Consultant’spresence or activitiesconducted on the Project(includingthe negligent,reckless,and/or willfulacts, errors and/or omissions of Consultant,itsprincipals,officers,agents, employees, vendors, suppliers,consultants, subcontractors, anyone employed directlyor indirectlyby any of them or forwhose acts they may be liable,or any or allof them).
Notwithstanding the foregoing,nothing herein shallbe construed to require Consultant to indemnify the Indemnified Parties from any Claim arisingfrom the sole negligence or willfulmisconduct ofthe Indemnified Parties.Nothing inthisindemnity shall be construed as authorizingany award of attorneys’fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policiesare applicable. The policy limitsdo not act as a limitationupon the amount of indemnificationto be provided by Consultant.
9.2 10. INDEPENDENT CONTRACTOR
Itis understood that City retainsConsultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the controlof Consultant, except to the extent they are limitedby statute,ruleor regulationand the expressed terms of thisAgreement. No civil service status or other rightof employment shallaccrue to Consultant or itsemployees.
Nothing in thisAgreement shallbe deemed to constituteapproval for Consultant or any of Consultant’semployees or agents, to be the agents or employees of City. Consultant shall have the responsibilityfor and control over the means of performing the Work, provided that Consultant is in compliance with the terms of thisAgreement. Anything in thisAgreement that may appear to give Citythe rightto direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shallfollowthe desires of Citywith respect to the resultsof the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fullywith City’s designated Project Administrator and any other agencies that may have jurisdictionor interestinthe Work to be performed. City agrees to cooperate with the Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relatingto policy and Project directionwith City’sProjectAdministrator inadvance of allcriticaldecision points inorder to ensure the Projectproceeds in a manner consistentwith City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project,activitiesperformed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limitingConsultant’s indemnificationof City,and priorto commencement of Work, Consultant shallobtain,provide and maintain at itsown expense during the term of thisAgreement or forother periods as specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as ExhibitC, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specificallyauthorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the priorwrittenapproval of City. Any of the followingshallbe construed as an assignment; The sale,assignment, transferor other dispositionof any of the issued and outstanding capitalstock of Consultant, or of the interestof any general partneror jointventureror syndicate member or cotenant ifConsultant isa partnership or joint-ventureor syndicate or co-tenancy, which shallresultin changing the control of Consultant. Control means fiftypercent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation,partnership or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City,ifany, to perform Work on thisProject are identifiedin ExhibitA and the Letter Proposal. Consultant shallbe fullyresponsible to City for allacts and omissions of any subcontractor. Nothing in this Agreement shall create any contractualrelationshipbetween Cityand any subcontractor nor shallitcreate any obligationon the part of Cityto pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiaryof any Work performed by the subcontractor for purposes of establishinga duty of care between the subcontractor and City. Except as specificallyauthorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the priorwrittenapproval of City.
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report,draft,map, record,plan,document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications(hereinafter“Documents”), prepared or caused to be prepared by Consultant, itsofficers,employees, agents and subcontractors, in the course of implementing this Agreement, shallbecome the exclusive property of City,and Cityshallhave the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally,allmaterial posted in cyberspace by Consultant, itsofficers, employees, agents and subcontractors, in the course of implementing thisAgreement, shallbecome the exclusive property of City,and Cityshallhave the sole rightto use such materials in itsdiscretionwithout furthercompensation to Consultant or any other party.
Consultant shall,at Consultant’s expense, provide such Documents, includingalllogins and password informationto City upon priorwrittenrequest.
17.2 Documents, includingdrawings and specifications,prepared by Consultant pursuant to thisAgreement are not intended or represented to be suitablefor reuse by City or others on any other project.Any use of completed Documents forother projects and any use of incomplete Documents without specific written authorization from Consultant willbe at City’ssole riskand without liabilityto Consultant. Further,any and allliabilityarisingout of changes made to Consultant’sdeliverablesunder thisAgreement by City or persons other than Consultant iswaived against Consultant,and Cityassumes fullresponsibilityforsuch changes unless City has given Consultant priornotice and has received from Consultant writtenconsent forsuch changes.
17.3 All written documents shall be transmitted to City informats compatible with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts,preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unless Cityexpressly authorizes inwritingthe release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shalldefend and indemnify City,itsagents, officers,representatives and employees against any and allliability,includingcosts,for infringementor alleged infringementof any United States’letterspatent,trademark, or copyright,includingcosts, contained in Consultant’s Documents provided under thisAgreement.
20. RECORDS
Consultant shallkeep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City,fora minimum period of three (3)years, or for any longer period required by law, from the date of finalpayment to Consultant Core Water Systems, Inc Page 7
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shallallow a representativeof Cityto examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of finalpayment to Consultant under thisAgreement.
21. WITHHOLDINGS
Citymay withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitutea failureto pay according to the terms of thisAgreement. Consultant shallnot discontinue Work as a resultof such withholding. Consultant shall have an immediate rightto appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return thatCityearned on itsinvestments during the time period,from the date of withholdingof any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which resultin expense to City greater than what would have resulted ifthere were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing inthisSection isintended to limitCity’srightsunder the law or any other sections of thisAgreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the rightto employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the CaliforniaPoliticalReform Act of 1974 (the “Act”)and/or Government Code §§ 1090 et sea., which (1) require such persons to disclose any financialinterestthat may foreseeably be materiallyaffected by the Work performed under thisAgreement, and (2) prohibit such persons from making, or participatingin making, decisions that will foreseeably financiallyaffectsuch interest.
24.2 Ifsubject to the Act and/or Government Code §§ 1090 et seq.. Consultant shallconform to allrequirements therein. Failureto do so constitutes a material breach and is grounds for immediate termination of thisAgreement by City. Consultant shall indemnify and hold harmless City for any and allclaims for damages resultingfrom Consultant’s violation of this Section.
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25. NOTICES
25.1 All notices,demands, requests or approvals, includingany change in mailing address, to be given under the terms of thisAgreement shallbe given inwriting, and conclusivelyshallbe deemed served when delivered personally, or on the third business day afterthe deposit thereof in the United States mail,postage prepaid,first- class mail,addressed as hereinafterprovided.
25.2 Allnotices,demands, requests or approvals from Consultant to City shall be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices,demands, requests or approvals from City to Consultant shall be addressed to Consultant at:
Attn:Jason Whipple
Core Water Systems, Inc
24881 AliciaPkwy, Suite E-212
Laguna Hills,California92653
26. CLAIMS
Unless a shorter time isspecified elsewhere in thisAgreement, before making its finalrequest forpayment under thisAgreement, Consultant shallsubmit to City,inwriting, all claims for compensation under or arising out of this Agreement. Consultant’s acceptance of the finalpayment shallconstitutea waiver of allclaims for compensation under or arisingout of this Agreement except those previously made in writing and identifiedby Consultant inwritingas unsettledatthe time of itsfinalrequest forpayment.
Consultant and Cityexpressly agree thatinadditionto any claims filingrequirements set forthinthe Agreement, Consultant shallbe requiredto fileany claim Consultant may have against City in strictconformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that eitherparty failsor refuses to perform any of the provisions of thisAgreement at the time and inthe manner required,that party shall be deemed in defaultinthe performance of thisAgreement. Ifsuch defaultisnot cured withina period of two (2) calendar days, or ifmore than two (2) calendar days are reasonably required to cure the default and the defaultingparty failsto give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifyingthe nature of such defaultand the steps necessary to cure such default,and Core Water Systems, Inc Page 9
thereafterdiligentlytake steps to cure the default,the non-defaultingpartymay terminate the Agreement forthwithby givingto the defaultingparty writtennotice thereof.
27.2 Notwithstanding the above provisions,City shallhave the right,at itssole and absolute discretionand without cause, of terminatingthisAgreement at any time by giving no less than seven (7) calendar days’ priorwritten notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorilyperformed and costs incurredup to the effective date of termination for which Consultant has not been previouslypaid. On the effectivedate of termination. Consultant shall deliver to City all reports. Documents and other information developed or accumulated inthe performance of thisAgreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals.Cityand Consultant acknowledge thatthe above Recitals are true and correctand are hereby incorporated by reference intothisAgreement.
28.2 Compliance with allLaws. Consultant shall,at itsown cost and expense, comply with allstatutes,ordinances, regulationsand requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now in force or hereinafter enacted. In addition,allWork prepared by Consultant shallconform to applicableCity, county, stateand federallaws, rules,regulationsand permit requirements and be subject to approval of the ProjectAdministratorand City.
28.3 Waiver. A waiver by eitherparty of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Inteqrated Contract. This Agreement represents the fulland complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminarynegotiationsand agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shallbe held to vary the provisionsherein.
28.5 Conflicts or Inconsistencies. In the event there are any conflictsor inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto,the terms of thisAgreement shallgovern.
28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against eitherparty by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Consultant and City and approved as to form by the City Attorney.
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28.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisionsof thisAgreement shallcontinue infullforce and effect.
28.9 Controlling Law and Venue. The laws of the State of Californiashallgovern this Agreement and all matters relatingto itand any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that itis an equal opportunity employer and itshallnot discriminateagainst any subcontractor, employee or applicant for employment because race, religiouscreed, color, national origin, ancestry, physical handicap, medical condition,maritalstatus, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys’Fees. Inthe event of any dispute or legalaction arisingunder thisAgreement, the prevailingparty shallnot be entitledto attorneys’fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date: '3/2-.5/2^
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
^on C.Harp «
By: By;
Lauren Kleiman
Mayor
A
City Attorney
ATTEST:
Date;
CONSULTANT: Core Water Systems,
Inc,a Californiacorporation
Date:
By:By:
Lena Shumway
City Clerk
Jason Whipple
Chief Executive Officer,Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
ExhibitD - Grant Agreement, Surrendered and Abandoned Vessel Exchange (SAVE-25), Grant No. C25S0606
EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF SERVICES
Objective:
Consultant shallprovide on-callvessel removal, storage and disposal services, related to abandoned and/or surrendered vessels. These services shallsupport the City’sHarbor Department inexecuting itsSurrender and Abandoned Vessel Exchange grant agreement with CaliforniaState Parks - Divisionof Boating and Waterways. Most vessels willbe located withinthe Cityand/or the Orange County region up to the greaterSouthern Californiaregion.
Contractor shall posses the following:
• At leasttwo (2) years of experience inthe provisionof vessel towing and destruction services.
• Have qualifiedpersonnel who have the prerequisiteknowledge and experience. • Shall provide allequipment necessary to complete the services including,but not limited to:boats,tow boats,towing lines,harnesses, dewatering pumps, boom, jump start equipment, fuelfordelivery,radar,sonar, dive and SCUBA equipment and salvage air bags.
• Maintain a City of Newport Beach business licenseduring the term of thisAgreement.
Description:
Contractors shall provide services related to the removal and disposal of surrendered and abandoned vessels. Contractors shall be responsible for deploying and storing any vessels or equipment relatedto the deliveryof these services.
Services requested by the City inthe performance ofthe removal and/or disposal of vessels may include,but are not necessarily limitedto:
• Raising of submerged vessels and/or hazardous marine debris; • Vessel and/or hazardous marine debris removal from accessible locations; • Hazardous materials (hazmat) removal and disposal;
• Towing; and
• Salvage and demolition.
Allvessel removals and/or disposals of vessels shallbe in accordance with the terms and conditions set forthinthe Department of Parks and Recreation, Divisionof Boating and Waterways (DBW) Grant Agreement as administered by the City.
SCOPE OF SERVICES
Contractors shallcomply with alllocal,stateand federal laws and provisions inthe proper removal and/or disposals of vessels. Contractors shallbe responsiblefor ensuring that allrules and regulationspertainingtothe salvage and demolitionof allmaterialsresultingfrom the Contractors’ disposalofvessels (orhazardous marine debris)are followed.
Location of work to be performed shallbe designated by the City and may vary with each service request.
PROJECT ADMINISTRATION
On-call contractsdo not guarantee or imply any specificquantityof work over the proposed contractperiod.When the need forservicesarises,the Cityshallrequest inwriting,the necessary services required inadequate detail.Contractor shallthen provide a detailedletterproposal for services as requested by the City(hereinafterreferredto as the “LetterProposal”).This letter proposal shallprovide the estimated time,ratesand fees forthe services requested.
Invoicesto the City must includethe following:
• Name and Address of the City of Newport Beach
• Contract and Invoice Number
• Detailed Descriptionof the Services Performed
• Date the Services was Performed
• Location of Service
• Vessel Name, CF/USCG Number or HIN, whichever isapplicable • Description of Vessel
The Citywillassess the LetterProposal to ensure that services and costs proposed are commensurate with those provided.No services shallbe provided untilthe City has provided writtenacceptance of the LetterProposal.Once authorizedto proceed, the contractorshall diligentlyperform the dutieslistedinthe approved Letter Proposal.
EXHIBIT B
SCHEDULE OF BILLING RATES
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PRICING - ON-CALL VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
VESSEL SIZE/TYPE BILLING RATE (PER FOOT)
$ 220.00Vessels 10’- 25’
$ 275.00Vessels 26’ - 34’
$ 725.00Vessels 35’and up
$ 900.00Vessels - Wood
$ 1,175.00Vessels- Concrete
$ 1475.00Vessels - Steel
Additional Costs not Included in the table above:
Unforeseen Hazardous Material Removal - Additional costs may be required for removal of unforeseen hazardous materials as encountered, dependent upon the type, quantity,and the locationof materialsdiscovered during vessel removal and demolition activities.
Consultant shallmake every reasonable effortto assess the presence of hazardous materials onboard and shallprovide a writtenestimate of the time and additional expenses necessary to complete the work, subject to City approval.
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
1. Provision of Insurance. Without limitingContractor’s indemnificationof City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at itsown expense during the term of this Contract, policies of insurance of the type and amounts described below and ina form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements setforthhere. IfContractor uses existingcoverage to comply and that coverage does not meet these requirements. Contractor agrees to amend, supplement or endorse the existingcoverage.
Acceptable Insurers. All insurance policiesshall be issued by an insurance company currentlyauthorized by the Insurance Commissioner to transact business of insurance inthe State of California,with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)in accordance with the latesteditionof Best’s Key Rating Guide, unless otherwise approved by the City’sRisk Manager.
2. Coveraqe Requirements.3.
Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance providing statutorybenefits and Employer’s LiabilityInsurance with limitsof at leastone milliondollars($1,000,000) each employee for bodily injuryby accident and each employee for bodily injuryby disease in accordance with the laws of the State of California.In addition.Contractor shall require each subcontractor to similarlymaintain Workers’ Compensation Insurance and Employer’s LiabilityInsurance in accordance with Californialaw for all of the subcontractor’s employees. The insurer issuing the Workers’ Compensation insurance shall amend its policy by endorsement to waive allrightsof subrogation against City,itsCityCouncil, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additional insureds,but only with respect to work performed under the agreement..
Contractor shallsubmit to City,along with the certificateof insurance, a Waiver of Subrogation endorsement in favor of City,itsCity Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement.
A.
U.S. Longshoremen’s and Harbor Workers’ Act (USL&H), the Jones Act, or under laws, regulations,or statutesapplicableto maritime employees shallbe required.
Page C-1Core Water Systems, Inc
B. Marine General Liability Insurance. Contractor shall maintain marine general liabilityinsurance, and ifnecessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars($2,000,000)per occurrence,four milliondollars($4,000,000) general aggregate and four milliondollars($4,000,000) completed operations aggregate. The policyshallcover liabilityarisingfrom bodily injury,propertydamage, products-completed operations,personal and advertisinginjury,sudden and accidentalpollution,and liabilityassumed under an insuredcontract(includingthe tortliabilityof another assumed ina business contract).The policyshallhave no waterborne exclusions.
Contractorshallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodilyinjuryand propertydamage forallactivities of Contractor arisingout of or in connection with Work to be performed under this Contract,includingcoverage forany owned, hired,non-owned or rented vehicles,in an amount not less than one milliondollars($1,000,000) combined singlelimitforeach accident.
Contractorshallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
D. Watercraft Liability. Contractor shall maintain watercraft liability insurance includingProtectionand Indemnity with minimum limits of five milliondollars($5,000,000) each occurrence and in the aggregate, Jones Act foremployees performing services under said Act, and Water PollutionLiability.
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated inSection Four.
E. PollutionLiabilitycovering allof the Contractor’soperations to include onsiteand offsitecoverage forbodilyinjury(includingdeath and mental anguish), property damage, non-owned disposal siteliability,defense costs, cleanup costs, and pollution conditions that arise from or in connection with the transportation(includingloading and unloading) by or on behalf of the Contractor,of any waste or waste materials off or away from the projectsite.Coverage shallbe provided for both sudden and accidental and gradual and continuous pollutionevents with limits no lessthan fivemilliondollars($5,000,000) each loss and five million dollars($5,000,000)inthe aggregate. The policyshallnot exclude any hazardous materials for which there is exposure, marine operations includingbut not limitedto underwater epoxy wraps, coatings, sealants, and adhesives.
Core Water Systems, Inc Page C-2
Contractorshallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
F. Excess/Umbrella LiabilityInsurance. Ifany Excess or Umbrella Liability policiesare used to meet the limitsof liabilityrequiredby thiscontract, then said policiesshall be “followingform” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated inthiscontract,including,but not limited to, the additionalinsured and primary & non-contributoryinsurance requirements stated herein. No insurance policiesmaintained by the City,whether primaryor excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess/umbrella liabilitypolicies are exhausted.
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.
Other Insurance Requirements. The policiesare to contain,or be endorsed to contain,the followingprovisions:
4. A. Waiver of Subroqation. Allinsurance coverage maintained or procured pursuant to thisContract shallbe endorsed to waive subrogation against City, its City Council, boards and commissions, officers,agents, volunteers, employees, and the State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement. Contractor shallrequire similar written express waivers and insurance clauses from each of its subcontractors.
B. AdditionalInsured Status.All liabilitypoliciesincludingmarine general liability,products-completed operations, excess/umbrella liability, watercraft,pollution,and automobile liability,ifrequired, shallprovide or be endorsed to provide that City, its City Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants shall be included as additionalinsureds under such policies.
C. Primary and Non Contributory. Contractor’s insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement. Any insurance or self-insurance maintained by City or State of Californiashallbe excess of Contractor’s insurance and shall not contribute with it.
Core Water Systems, Inc Page C-3
D. Notice of Cancellation.All policiesshallprovide City with thirty(30) calendar days’ noticeof cancellationor nonrenewal of coverage (except fornonpayment forwhich ten (10)calendardays’ noticeis required)for each quired coverage except Builders Risk insurance, which shall contain an endorsement with said required notices.
E. Subcontractors. Contractor shall require and verify that all subcontractorsmaintaininsurance meeting allthe requirements stated herein,where applicable,inan amount not lessthan two million dollars ($2,000,000)arisingfrom theirwork on the project.
5. AdditionalAgreements Between the Parties. The partieshereby agree to the following:
A. Evidence of Insurance. Contractorshallprovidecertificatesof insurance to City as evidence of the insurance coverage requiredherein, along with a waiver of subrogation endorsement for workers’ compensation and other endorsements as specifiedherein for each coverage. All of the executed documents referenced in this Contract must be returned to Citywithinten (10) regularCitybusiness days after the date on the “Notification of Award’’. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificationof insurance shallbe kept on filewith City at alltimes during the term of thisContract. The certificates and endorsements foreach insurance policyshallbe signed by a person authorizedby thatinsurerto bind coverage on itsbehalf. At least fifteen (15) days priorto the expirationof any such policy,evidence of insurance showing thatsuch insurance coverage has been renewed or extended shallbe filedwith the City.Ifsuch coverage is cancelled or reduced. Contractor shall,withinten (10) days afterreceipt of written noticeof such cancellationor reductionof coverage, filewith the City evidence of insurance showing that the required insurance has been reinstatedor has been provided through another insurance company or companies. City reserves the rightto requirecomplete, certifiedcopies of allrequiredinsurance policies,at any time.
B. City’sRightto Revise Requirements. The Cityreservesthe rightat any time during the term of the Contract to change the amounts and types of insurance requiredby givingContractorninety(90) calendar days’ advance written notice of such change. If such change results in substantialadditionalcost to Contractor, City and Contractor may renegotiate Contractor’s compensation.
C. Right to Review Subcontracts. Contractoragrees thatupon request, all agreements with subcontractors or others with whom Contractor enters intocontractswith on behaif of Citywillbe submitted to City for review.
Failureof Cityto request copies of such agreements willnot impose any iiabilityon City,or itsemployees. Contractor shallrequire and verifythat Core Water Systems, Inc Page C-4
all subcontractors maintain insurance meeting all the requirements stated in Section Four, including required coverage types, limits, endorsements, and notice provisions.Contractor shallensure that City isan additionalinsured on insurance required from subcontractors. For CGL coverage, subcontractors shallprovide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failureon the part of City to inform Contractor of non-compliance with any requirement imposes no additionalobligationson City nor does itwaive any rightshereunder.
E. Requirements not Limiting.Requirements of specificcoverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limitsor other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature isfor purposes of clarificationonly as itpertains to a given issue and isnot intended by any partyor insured to be allinclusive, or to the exclusion of other coverage, or a waiver of any type. Ifthe Contractor maintains higher limitsthan the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limitsof insurance and coverage shall be available to the City.
Self-Insured Retentions. Contractor agrees not to self-insureor to use any self-insuredretentions on any portion of the insurance required herein and furtheragrees that itwillnot allow any indemnifying party to self-insureits obligations to City. If Contractor’s existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on theirpolicies.
F.
G. City Remedies for Non Compliance. IfContractor or any subcontractor failsto provide and maintain insurance as required herein, then City shallhave the rightbut not the obligation,to purchase such insurance, to terminate thisContract, or to suspend Contractor’s rightto proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City’s sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
Timely Notice of Claims. Contractor shallgive City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liabilitypolicies. City assumes no obligationor liabilityby such notice,but has the right(but H.
Page C-5Core Water Systems, Inc
not the duty)to monitorthe handlingof any such claim or claims ifthey are likelyto involveCity.
Coverage not Limited.Allinsurance coverage and limitsprovided by Contractor and availableor applicableto thisContract are intended to apply tothe fullextentofthe policies.Nothing contained in this Contract or any other agreement relatingto City or itsoperations limits the applicationof such insurance coverage.
J. Coverage Renewal. Contractorwillrenew the coverage required here annuallyas long as Contractorcontinuesto provideany Work under this or any other Contractor agreement with City.Contractorshallprovide proofthatpoliciesof insurancerequiredhereinexpiringduring the term of thisContract have been renewed or replaced with other policies providing at leastthe same coverage. Proof that such coverage has been ordered shallbe submitted priorto expiration.A coverage binder or letterfrom Contractor’sinsurance agent to thiseffectis acceptable.
A certificate of insurance and/or additional insured endorsement as required in these specificationsapplicable to the renewing or new coverage must be provided to City with five(5) calendar days of the expirationof the coverages.
Core Water Systems, Inc Page C-6
EXHIBIT D
Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-25), Grant No. C25S0606
Core Water Systems, Inc Page D-1
state of California- NaturalResources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
Cityof Newport Beach
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-25)
GRANTEE:
GRANT TITLE:
GRANT AMOUNT: $100,000.00
C25S0606GRANT NUMBER:
throughSeptember 30,2027GRANT TERM:
The Grantee agrees to the terms and conditionsof thisagreement, hereinafterreferredto as Agreement, and the Stateof California,actingthroughitsDirectorof the Department of Parks and Recreation,and pursuant to the State of Californiaagrees to fund the totalStategrantamount indicated below and in Exhibit F which is a part of the agreement consistingof;ExhibitA “Project Representatives”,ExhibitB “GrantTerms and Conditions”,Exhibit C “General Terms and Conditions”, Exhibit D "Grantee Certification Clauses”, Exhibit E "Darfur Contracting Act”, Exhibit F “Application/Scope of Work”.
Agency: DepartmentofParksand Recreation
Divisionof Boating and Waterways
ATTN: Gina Disney
Grantee; CityofNewport Beach
Address: 4940 Lang Ave.,Dock H,
Administration, Floor 12
McClellan,CA^5652
Address: 100 Civic Center Drive,
Newport Beach. CA 92627
Authorized Signature:Authorized Signature:
Keren DillPrinted Name:Printed Name:
StaffServicesManager ilTitle;Title of Authorized
Representative:
Date; Date:
APPROVED AS TO FORM:
CRY ATTORNEY’S OFFICE
Date",
A
ity'fetomeyBy:
Aaron OL Harp, C
\0 ^ r*’AC
Contract# C25S0606, CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) RscalYear 2025/2026,Date:09/18/2025Page; 1 Of 46
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
Cityof Newport Beach
FY 2025/26 Surrendered and Abandoned Vessel Exchange (SAVE) $100,000.00
GRANTEE:
GRANT TITLE:
GRANT AMOUNT:
C25S0606GRANT NUMBER:
September 30, 2027END DATE:
PROJECT NO
3790OTHER
SUPPLIER ID
0000035109
AMENDMENT NOAGREEMENT NO
C25S0606
AGENCY BILLING CODE NO
053709
FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-25)
AMOUNT
ENCUMBERED BY
THIS DOCUMENT
$100,000.00
FISCAL YEAR
2025/26
CHAPTER STATUTEREPORTING
STRUCTURE
37900709
Approp. Ref. Fund
3790-101-0577 202504
ALT ACCOUNT
5432000000
ACTIVITY CODE
69996
ACCOUNT
5432000
BUSINESS UNIT PROGRAM
28550233790
Contract4 C25S0606, CityofNewport Beach.Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2026,Date:09/18/2025Page: 2 of46
STATE OF CALIFORNIA
Department of Parks and Recreation,Divisionof Boatingand Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2025/26
EXHIBIT A - PROJECT REPRESENTATIVES
The servicesshallbe performed inthe jurisdictionof:Cityof Newport Beach Grantee (Agency Name):
Cityof Newport Beach
State Agency:
Divisionof Boating and Waterways
Grantee Representative*:Paul BlankName: Gina Disney
Title:HarbormasterTitle:Grants Program Manager
MailingAddress;
100 Civic Center Drive.
Newport Beach, CA 92627
Address:
4940 Lang Ave.,Dock H. Administration,Floor12
McClellan. CA 95652
Remit to Address:
Phone: (949) 270-8159Phone: (916)902-8821
Fax:Fax:
Email: [email protected];[email protected] Contract# C2SS0606. Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page: 3 of 46 INDEX
PAGEDESCRIPTION
EXHIBIT B GRANT TERMS AND CONDITIONS
PURPOSE OF THE PROGRAM 61.
2. RIGHT OF INSPECTION 7
ANNUAL MEETING 73.
TIMELINES 74.
HAZARDOUS MATERIALS 75.
TITLES AND LIENS 76,
GRANTEE CITATIONS - ABANDONED VESSELS 77.
MEDIA 78.
MEDIA MATERIALS RELEASE 89.
10. PERMITS AND DOCUMENTATION 8
SECURING OF BIDS 911.
CONTRACTS WITH SERVICE PROVIDERS 912.
SUBCONTRACTORS 913.
TRAFFIC CONTROL AND TRAFFIC SAFETY 914.
AIR OR WATER POLLUTION VIOLATION 915.
916. ENTIRE AGREEMENT
APPROVAL OF AGREEMENT AND AMENDMENTS
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
REQUIREMENT
917.
1018.
10AUTHORITY TO CONTRACT19.
COMPLIANCE WITH LAW AND REGULATIONS 1020.
INDEPENDENT CONTRACTOR 1021.
1022. INSURANCE REQUIREMENTS
1323. TERMINATION
13ASSIGNMENT24.
1325. MATCHING 10% REQUIREMENT
BUDGET DETAIL AND PAYMENT PROVISIONS 1426.
16BUDGET CONTINGENCY CLAUSE27.
16INDEMNIFICATION28.
17FUNDS ASSIST29.
90-DAY RETURN OF GRANT DOCUMENTS TO DBW 1830.
Contract# C25S0606. Cityof Newport Beach. Surrendered and Abarxioned Vessel Exchange (SAVE) iFscalYear 2025/2026.Date:09/18/2025Page: 4 of 46 1831. ANTI-CORRUPTION
32. AQUATIC INVASIVE SPECIES 18
19GENERAL TERMS AND CONDITIONSEXHIBIT C
GRANTEE CERTIFICATION CLAUSES 23EXHIBIT D
27DARFUR CONTRACTING ACTEXHIBIT E
Contract# C25S0606. CitytrfNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2026.Dale:09/18/2025 Page; 5 of 46
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 disposalof:
Abandoned propertyas described in HNC 522 (below)within Grantee’s jurisdictionas listedin ExhibitA.
a.
(1)
HNC Section 522: “Any hulk,derelict,wreck, or partsof any ship, vessel, or other watercraftsunk, beached, or allowed to remain in an unseaworthy or dilapidatedconditionupon publiclyowned submerged lands, saltmarsh, or tidelandswithinthe corporatelimitsofany municipalcorporation or other publiccorporationor entityhavingjurisdictionor control over those lands, without itsconsent expressed by resolutionof itslegislativebody, fora periodlongerthan 30 days withouta watchman or otherperson being maintained upon or near and in charge of the property,is abandoned property."
Surrendered vessels as defined in HNC 526.1(2)
HNC Section 526.1: "surrendered vessel” means a recreationalvessel that the verifiedtitleholderhas willinglysurrendered to a willingpublic agency under both of the foliowingconditions:
The pubiicagency has determined,initssoiediscretion,that the vesselisindanger ofbeingabandoned, and thereforehas a
likelihoodofcausingenvironmentaldegradationorbecoming a hazard to navigation.
The decisionto accepta vesselisbased solelyon the potentialof the vesseltolikelybe abandoned and cause environmental
degradationor become a hazardtonavigation.”
Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantialhazard to navigation, from navigablewaterways or adjacentpublicproperty,or privatepropertywiththe landowner’s consent.
The funds provided under thisAgreement shall not be utilized for surrender, abatement, removal,storage,or disposalof commercial vessels. Commercial vessels include those vessels forwhich the most recent registrationor documentation was commercial, even though thatregistrationor documentation may have lapsed.
IfGrantee is reimbursed for the costs related to the surrender, abatement, removal, storage,and/ordisposalof an eligiblewater hazard by the registeredor legalowner or otherperson or entityknown to have an interestinthe water hazard, then the water hazard shallno longer be eligibleforfunding under thisAgreement. Grantee shall notifyDBW inwritingof such reimbursement and shallreturn allfunds disbursed by DBW to Grantee with respect to such water hazard immediately.
Vessels listedin Exhibit F Application/Scope of Work are considered solely a demonstration of the agency’s need forfunding,not an approvai thatthe individual (a)
(b)
(3)
b.
c.
d.
Contract# C25S0606. CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page; 6 of 46 vesselsare eligibleforSAVE funding
RIGHT OF INSPECTION2.
Grantee shallallowDBW and otherstateagency representatives,at any reasonable time,to inspectany sitewhere Grantee or itssubcontractorsare performing work under this Agreement.
ANNUAL MEETING
Grantee’srepresentativeor alternateshallparticipatein an annual grant management and regionalcoordinationone-dayvideoorphone conferenceconducted by DBW duringthe term of thisagreement.
TIMELINESS
Granteeagreestocompletethescope ofwork submittedinitsapplicationina timelyfashion.
HAZARDOUS MATERIALS
Grantee shallbe 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,toxicwaste, petroleum waste, asbestos, and similarsubstances, priorto the removal of any vessel and water hazard pursuant to this Agreement.
Grantee shallbe responsibleforthe proper and lawfulhandling, abatement, removal, storage,and/or disposalof any hazardous substances encountered in the execution of this Agreement.
TITLES AND LIENS
Abandoned vessels: Grantee shall comply with allrelevant provisions of the Harbors and Navigation Code regarding notices,hearings and liens in the performanceofthisAgreement. Grantee (inconjunctionwith locallaw enforcement) shallconduct a titlesearch forallvessels presumed to be abandoned, as provided by Harbors and NavigationCode section526.
Surrendered vessels: Grantee shallcomply with allrelevant provisions of Harbors and NavigationCode section526.1 inthe performanceof thisAgreement, requiring that a surrendered vessel be that of the ‘verifiedtitleholder"
3. 4.
5. 6.
a.
b.
Grantee shallcomply withallDepartment ofMotor Vehiclesnotificationrequirements relatedto the disposalof vesselsand trailers.
GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall,in accordance with HNC 525(a-c), issue the lastregistered vessel owner a citationforabandoning a vesseland impose a fineof not less than $1,000 nor more than $3,000 forviolationofthissection.And shallseek every legallyavailablemethod to have them pay fortheremovaland disposaloftheirabandoned vessel.
MEDIA
Grantee agrees to acknowledge DBW's financialsupportwhenever work funded by this Agreement ispublicizedinany news media,brochures,or other type of promotional material. c.
7. 8.
ContractttC25S0606, Cityof Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 7 of 46 MEDIA MATERIALS RELEASE9.
Grantee agrees to irrevocablygrantto CaliforniaStateParks, Division of Boating and Waterways,itsemployees,officers,agents,and assigns(hereinafterreferredto as “DBW"), the non-exclusive,royalty-free,perpetual and worldwide rightand permission to use, reproduce, publish,copy, distribute,alter,license,adapt, and displaythe photographs, motion pictures,captioninformation,and/orwrittenquotes(hereinafterreferredto collectively “Photographs”),thattheGrantee has submittedto DBW for art,editorial,advertising, marketing,trade,broadcast,print,educationalprograms, or any other lawful purpose whatsoever,inany and allmedia. In connectionwiththe foregoinglicense,the Grantee agreesnottouse,reproduce,adapt,ordisplaythePhotographs,or allowothersto do so, in a manner thattends to subjectDBW or itsAbandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn InProgram (VTIP)and/orSurrenderedand Abandoned Vessel Exchange (SAVE) programs to ridicule,disparagement,mockery, satire,or thatcouldtarnish theimage oftheDBW's AWAF, VTIP,and/orSAVE programs.Grantee hereby releases and dischargesDBW from any and allclaimsand demands arisingout of or in connection with the use of the Photographs, includingwithoutlimitations,any and allclaims for libel, defamation,invasionofprivacy,and/orpublicityrights.DBW assumes no responsibilityfor lostor damaged Photographs or forthe use of same. DBW may sell,assign, license,or transferallrightsgranted to ithereunder.
Grantee alsograntsDBW and itslicenseesthe unrestrictedrightto use and disclose its name inconnectionwithuse of the Photographs.The Grantee understands that itwillnot be paidforany use or rightgrantedherein.
Grantee understands and agrees thatthe Photographs may be used inwhole or inpart,at any time.The licensegrantedhereintoDBW includesthe rightand permissionto conduct or have conducted such alterationsto the Photographs as DBW deems necessary. Grantee releasesand dischargesDBW and agrees to Indemnifyand hold DBW harmless from any liabilityby virtueofany blurring,distortion,alteration,opticalillusionor use incompositeform, loss or damage, whether intentionalor otherwise, that may occur in the use of the Photographs. Grantee waives any rightto inspect or approve any finished product, advertisingorothercopy thatmay be used inconnectiontherewithor the use to which itmay be applied.
Grantee declaresand avows thatthe Photographs itissubmittingto DBW are itsown original work inallrespects.Grantee isthe sole and exclusiveowner of the Photographs; they are free,clear,and unencumbered. No partofthem Istakenfrom or based on any other work; no partinfringesthe copyrightor any otherrightof any person; and the reproduction, publication,exhibition,orany otheruse by DBW ofthe Photographs inany form whatever will not inany way, directlyor indirectly,infringeon the rightsof any person.Grantee agrees to indemnifyand hold DBW harmless from and againstany and allloss, damage, costs, charges, legalfees,recoveries,judgments, amounts paid in settlement,penalties,and expenses thatmay be obtainedagainst,imposed on, or sufferedby DBW by reason of (1) any violationor infringementof any proprietaryrightor copyright;or (2) any libelousor unlawfulmatter 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.
10. PERMITS AND DOCUMENTATION
Priorto the removal ofany abandoned vessel,eligiblewater hazard, or surrendered vessel. as
Contraca# C25S0606, CityofNewport Beach, Surrenderod and Abandoned VesselExchange(SAVE)RscalYear2025/2026,Date;09/18/2025 Page: 8 Of 46 Grantee shallobtainallnecessary permits,authorizations,and documentation necessitated by any applicableprovisionoflaw.
SECURING OF BIDS
Grantee shallcomply with any applicablelaws and regulationsgoverning the competitive biddingprocesswhen awardingsubcontractsunderthisAgreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitationsfor bid and independent cost estimates.
CONTRACTS WITH SERVICE PROVIDERS
Allcontracts/executedagreements with serviceprovidersfor which grantee willrequest reimbursement must be inwritingand shallbe executed (signed)priortocommencement of any and allwork completed.Upon request,granteeshallprovideDBW copiesofallexecuted agreementswithserviceproviderswho areperformingwork funded by thisSAVE grant.
SUBCONTRACTORS
Grantee agrees thatitshallguaranteeand shallbe responsibleforensuringthatany and all of its contractors and subcontractors hold a valid business license and carry general commercial liabilityinsurancecoverage sufficientto fullyinsureagainstany and allrisksof hazardous activitiesassociated with the work to be performed under thisAgreement; and Grantee agrees thatifany ofGrantee’scontractorsor subcontractorsfailto fulfillany of these requirements,thatGranteeitselfcarriesgeneralcommercialliabilityinsurance coverage sufficientto fullyinsureagainstany and allrisksof hazardous activitiesassociated with the work to be performed under thisAgreement, whether performed by the Grantee,Grantee's contractor(s),orGrantee’ssubcontractor(s).Upon request,granteeshallprovideDBW witha certificateof insurance from any contractor(s)and subcontractor(s).Grantee's agreement number (C22SXXXX) must appear on thecertificateofinsurance.
TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shallprovide for adequate trafficcontroland safetymeasures at any sitewhere Grantee and itssubcontractors willperform any work under this Agreement.
AIR OR WATER POLLUTION VIOLATION
Grantee warrantsthatitisnot (1)inviolationofany orderor resolutionnotsubjectto review promulgatedby theStateAirResourcesBoard oran airpollutioncontroldistrict;(2)subject to any cease and desistordernotsubjectto reviewissued pursuant to Water Code section 13301 forviolationof waste discharge requirements or discharge prohibitions;or (3)finally determined to be in violationof provisionsof federallaw relatingto airor water pollution.
ENTIRE AGREEMENT
This Agreement consistsof the terms of thisAgreement and all attachments, which are expresslyincorporatedherein.No amendment or variationof the terms of thisAgreement shallbe validunless made in writing,signed by the partiesand approved as required.
APPROVAL OF AGREEMENT AND AMENDMENTS
ThisAgreement and any variationtheretoisofno forceor effectuntilsigned by both parties and approved by the Department of General Services,ifrequired.Commencement of performancepriorto approvalof thisAgreement willbe at the Grantee’s own risk.
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT
11. 12.
13. 14.
15. 16.
17. 18.
There are no Disabled Veteran Business Enterprise participationrequirements with this Conlracl# C25S06Q6. CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 9 of 46 agreement.
19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of itsauthorityto enter into this Agreement.
Grantee may providea delegationof contractingauthorityfrom itslocalgoverning body that by law has authoritytocontract.Aiternatively,Granteeshallprovide DBW with a resolution, order,motion,or ordinance of itslocalgoverning body thatby law has authorityto contract, authorizingexecutionof thisAgreement.
COMPLIANCE WITH LAW AND REGULATIONS20.
Grantee and itssubcontractor(s)shallcomply with allapplicablelaws and regulationsof the State of Californiafor allwork to be performed under this Agreement. By signing this Agreement, Grantee certifiesitscompliance and the compliance of allsubcontractors with:
(a)applicableprovisionsoftheCaliforniaEnvironmentalQualityAct; (b)Nondiscrimination Program requirementsof Government Code section12990 (a-f)and Title2, CaliforniaCode of Regulations,section8103 (and section8113 incontractsover $5,000) along with section 7285 et.seq.ofthe FairEmployment and Housing Act;(c)Drug-Free Workplace requirement of Government Code section8350 et seq.;(d)NationalLabor Relations Board Certificationof PublicContractCode section10296; (e)Workers’ Compensation requirement of Labor Code section3700; and (f)Americans withDisabilitiesAct regulationsissued pursuantto 42 U.S.C. section 12101 et seq.
21. INDEPENDENT CONTRACTOR
Grantee and itsemployees are independent contractorsand shall not be considered officers or employees ofDBW or agentsoftheStateofCalifornia.
22. INSURANCE REQUIREMENTS
The abatement, removal, storage,and /ordisposal of vessels under thisAgreement is a hazardous activity.Grantee thereforemust maintaincommercial general liabilityinsurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Officeof Risk and Insurance Management (ORIM).
GENERAL PROVISIONS APPLYING TO ALL POLICIES
Coverage Term
Coverage needs tobe inforceforthe complete term of the Agreement. Any new insurance must stillcomply with the originalterms of the grant and be provided to DBW upon request.
a.
(1)
Policycancellationortermination& noticeofnon-renewal(2) Insurance policiesshallcontaina provisionstatingcoverage willnot be cancelled without 30 days priorwrittennotice to the DBW. In the event Grantee failsto keep ineffectat alltimes the specifiedinsurance coverage, the DBW may, inadditiontoany otherremedies itmay have, terminate this Agreement upon the occurrenceof such event,subjectto the provisionsof thisAgreement.
Deductible(3)
Grantee is responsible for any deductible or self-insuredretention contained within their insurance program.
Primary clause(4)
Contract# C25S060e, Cttyof Newport Beach, Surretxieredand Abandoned Vessel Exchange (SAVE) Rscal Year 2025(2026,Dale;09/18/2025Page: 10 of 46 Any requiredinsurancecontainedinthisAgreement shallbe primary, and not excess or contributory,to any other insurance carriedby the State.
Insurance carrierrequiredrating(5)
Allinsurance companies must carry a ratingacceptable to ORIM. If the Grantee is self-insuredfor a portion or allof itsinsurance, review of financialinformationincludinga letterof creditmay be requiredby DBW or ORIM.
Endorsements(6)
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 lackof insurancedoes 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’s under Grantee’s insurance or supply evidence of subcontractor’s insurance to the State when requested equal to policies,coverages, and limitsrequired of Grantee.
INSURANCE REQUIREMENTS
Commercial General Liability
The Grantee shallmaintain general liabilityon an occurrence form with limitsof not less than $1,000,000 per occurrence for bodily injuryand propertydamage liabilitycombined with a $2,000,000 annual policy aggregate. The policyshallincludecoverage forliabilitiesarisingout of premises, operations,independent subcontractors,products,completed operations,personal and advertisinginjury,and liabilityassumed under an insuredagreement. This insurance shallapply separatelyto each insured againstwhom claimismade or suitisbroughtsubjectto the Grantee’s limit of liability.The policymust include:
"The State of California,itsofficers,agents, employees and servants as additionalinsureds, 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 shallinclude allsubcontractors as insured’sunder Grantee’s Insurance or supply evidence of insurance to the Stateequal to policies,coverages and limitsrequiredof Grantee. b.
(1)
Automobile Liability(2)
The Grantee shallmaintain motor vehicle liabilitywith limits not less than $1,000,000 combined singlelimitper accident. Such insurance shall cover Contract# C25S0606. CityofNewportBeach,Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Dale:03/16/2025Page: 11 of46 liabilityarisingout of a motor vehicleincludingowned, hired and non- owned motor vehicles.
Watercraft Liability(3)
The Grantee shallmaintain watercraftliabilityinsurance with limits not less than $1,000,000combined singlelimitper accident.Such insurance shall cover liabilityarisingout of the maintenance and use of any watercraft (owned,hiredor non-owned).The policymust include:
"The State of California,itsofficers,agents, employees and servants as additionalinsureds,but only with respect to work performed that is connected with or relatedto the activitiescontemplated in thisAgreement." This endorsement must be suppliedunder form acceptableto the Office of Risk and insurance Management.
Workers Compensation and EmployersLiability(4)
The Grantee shall maintain statutoryworker's compensation and employer’sliabilitycoverage forallitsemployees who willbe engaged in theperformanceoftheAgreement.Employer’sliabilitylimitsof $1,000,000 are required.The insurerwaives any rightofrecoverythe insurermay have againsttheStatebecauseofpaymentstheinsurermakes for injuryor damage arisingoutofthework done underagreementwith the State. A Waiver ofSubrogationor Rightto Recover endorsement in favor of the State must be attached to certificate.
Ifapplicable.Granteeshallprovidecoverageforallitsemployees for any injuriesor claimsunder theU.S.Longshoremen’sand Harbor Workers’ CompensationAct,theJones Act orunderlaws,regulations,or statutes applicabletomaritimeemployees.By signingthisagreement.Grantee acknowledges compliance withthese regulations.
ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shallmaintainPollutionLiabilityforlimitsnot less than $1,000,000 occurrencecoveringtheGrantee’sliabilityforbodilyinjury,propertydamage and environmentaldamage resultingfrom pollutionand relatedcleanup costs incurred arisingoutofthework orservicestobe performedunder thisagreement. The policy must include:
"The StateofCalifornia,itsofficers,agents,employees and servants as additional insureds,butonlywithrespecttowork performedunderthe agreement." Thisendorsement must be suppliedunder fomn acceptableto the Office of Risk and Insurance Management.
Coverage shallbe providedforbothwork performedon siteand during transportation as wellas properdisposalofhazardous materials.
SELF INSURANCE
Ifthe Grantee isself-insuredfora portionor allof itsinsurance, the Grantee shall provideevidenceofself-insurancewhen requestedby DBW. Review of financial informationincludinga letterof creditmay be required.The DBW reserves the right to requestfinancialinformation.
c.
d.
CortracI# C25S0606, CityofNewport Beach, Surrenderedand Abandoned VesselExchange(SAVE) RscalYear2025/2028,Date:09/18/2025 Page: 12 of 46 STATEMENT OF INSURANCE COVERAGE:e.
Grantee certifiesand agrees that they have allrequired insurance coverages as stated in the grant agreement, which willbe in effectfor the entire term of the agreement.
Approver initials:
Name
Title;
Date:
23. TERMINATION
DBW may terminate thisAgreement for any reason upon thirty(30) days written notice to Grantee.
a.
Ifthe Grantee failsto keep the requiredinsurance in effectat alltimes during the term of thisagreement, DBW may, in additionto other remedies itmay have, terminate thisagreement upon two days' writtennotice.
b.
DBW may, by two-day writtennoticeto Grantee and withoutany prejudiceto itsother remedies, terminatethisagreement because of failureof Grantee to fulfillany of the requirements of thisagreement.
c.
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.
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 grantawarded by the department pursuant to subparagraph (A) shallbe matched by a 10% contribution from the localagency receivingthe grant.”
a.
The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kindcontributionsfrom agency’s personnel hours (nethourly rate only with no benefitsincluded)forwork completed directlytoward SAVE program objectives.Other SAVE-related expenses may be used with advance DBW approval in writing.
b.
Ifusing personnel hours forin-kindmatch, only net,raw hours willbe accepted, and verificationof in-kindcontributionisrequired with reimbursement request(s).This in- kind contributionmust be paid with localfunding.State funds 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 availableupon request,and must include;
Activitydate
Vessel/issue name or description
Personnel name
c.
(1)
(2)
(3)
Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Dale:09/1B/2025Page: 13 of 46 Descriptionof SAVE program serviceprovided
Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
Hourlyrateand totalvalue
(4)
(5)
(6)
The burden of proof incomplying with the 10-percent contributionrequirement isthe responsibilityof the grantee. Funds willnot be disbursed untilthe grantee has provided DBW withacceptabledocumentation thatitcomplied with the 10-percent contributionrequirement foreach disbursement.
BUDGET DETAIL AND PAYMENT PROVISIONS
Covered Expenses and Reimbursement Claims Processes
Rates charged by the Grantee's service providers, contractors, or subcontractorsshallbe pre-negotiatedwith the Grantee and documented in writing.DBW willreimburse the followingcontract-negotiatedrate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels;
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 feetat low water are noteligiblewithout prior DBW approval.
Mast and/or riggingremoval ifvessel isinwaters greaterthan 15 feet deep at low water.
Vessel removal from accessible locations
Hazardous materials(hazmat) removal and disposal
Towing
Storage
d.
26 a.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
Without liensale:60 days maximum
With liensale:90 days maximum withjustification
Ifstored onsiteat Grantee’s facility,100% of the normal rate ofcharge tothe publicmay be used to satisfythe 10% in
kind match requirement,and fee schedule isrequiredfor
verification.
I.
ii.
iii.
Lien sale expenses: fees charged by liensale servicecompanies, postage, DMV fees, and advertisingcosts
Publicnoticeadvertising
Vessel appraisal
Salvage and demolition
Rates charged by the Grantee’s service providers, contractors, or subcontractors shallbe pre-negotiatedwith the Grantee and documented in writing.DBW willreimburse the followingcontract-negotiatedrate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
(g)
(h)
(i)
C)
(2)
Contract# C25S0606. CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 202S/2Q26.Date:09/18/2025Page: 14 of46 (a) Vesseland/orhazardousmaterialremovaland disposal
(b) One tow to destructionsite
(c) Demolition
(d) Raisingofsubmerged surrenderedvesselsmay onlybe reimbursed with DBW’s advanced writtenapproval
Other expenses may be considered with advance writtenapproval from DBW.
Ineligibleexpenses includehand tools,consumables,grantee directstaffing, time and materials from subcontractors, etc.without priorwrittenapproval from DBW.
Reimbursement claim forms:
Reimbursement claim forms are available in DBW's Online Grant ApplicationSystem (OLGA) or upon request.Grantee must signand dateeach reimbursement claim in blue ink and submit with the followingdocuments to DBW:
Invoices from service providers,contractors and/or subcontractors to Grantee:
Invoices must contain the following:
(a) Name and address ofGrantee
(b) Contractor invoicenumber
(c) Descriptionofserviceperformed
(d) Date the servicewas performed
(e) Location of each service
(f) Vesselname. CF# orHIN# ifavailable;otherwise,descriptionof vessel Proof of payment for allInvoices.
The followingacceptableforms of proofare:
(a) Cancelledcheck (withbank'scancelledstamp on back of check copy) (b) Copy ofcreditcardstatementcharge slip
(c) Invoicesfrom serviceprovidershowing zerobalance,
(d) Proof of AccountingClearingHouse (ACH) or Electronictransfer showing date,amount and transactionconfirmationnumber.
10% in-kind match contribution statement:
(a) IfGrantee ismatching the 10% requirementwith in-kind services, complete the DPR265 Itemized10% In-kindContributionStatement located in OLGA or available upon request,
(b) Only net hourly rates willbe accepted. Grantee must include verification of net rates with firstclaim and each time rates change.
Photos of vessels (Required)
(a) One photo showing the vesselwhere itwas abandoned and the CF or HIN number (ifavailable).Ifthe CF number isnot visible/available, photo must show description used on claim form. Photos of surrendered vessels need to show the CF or HIN number, if available.
For Surrendered Vessels ONLY:
DBW Vessel Release of Interestand Ownership must be completed in its (3)
(4)
b.
(1)
(2)
(3)
(4)
(5)
ContractttC25S0606. CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear2025/2026,Date:09/18/2025Page: 15 of46 entiretyand signed by the vessel owner(s) and the SAVE agency representative This form can be downloaded from OLGA.
One proofofvesselownershipmust be provided.Thiscan be a copy of the Certificationof Ownership (title/pinkslipor Coast Guard document) signed by the owner, DMV registrationform,or a DMV issuedjunk slip.Power of Attorneyor DMV issuedmarina liendocuments showing the marina has legalinterestare alsoacceptable.Keep the originalsand provide DBW with copies.
The Grantee must obtaina signed DBW Release of Interestform from all known interestedpartiespriorto the removal, destruction,or disposal of any vesselfunded under thisAgreement. This includes,but is not limited to,any legalowner, registeredowner, lienholder,or individualor entitywith a documented financialor legalclaimto the vessel,includingthose owing penaltiesor back taxes.
NOTE: Vessel ownership verificationisrequired;however, itis not required thatboat owners bringtheirregistrationup todate to surrender their vessel through the VTIP.
DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incidentreports,internalroutingforms,accountingjournals,etc.
Submit one (1)hard copy and one (1)electroniccopy of each reimbursement claim form and allsupportingdocumentation to;
Division of Boating and Waterways
PO Box 942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email:[email protected]
Submission of fraudulentinvoicesor other claim documentation is a breach of this Agreement, which shallresultinforfeitureofallfunds providedunder thisagreement.
Reimbursement requestsand statusupdates shallbe submitted at leastquarterly,but not more frequentlythan monthly.Ifno reimbursablework has been completed, the Grantee shallsubmit a statusupdate inlieuofa reimbursement request.
Allfinalrequestsforpayment must be submittedtoDBW no laterthan forty-five(45) days aftertheexpirationdateoftheagreement.DBW willnot reimburse requestjs) received afterNovember 14, 2027.
BUDGET CONTINGENCY CLAUSE
Itismutuallyagreed thatifthe Budget Act ofthecurrentyear and/or any subsequent yearscoveredunderthisAgreement does notappropriatesufficient funds for the program,thisAgreement shallbe ofno furtherforceand effect. In this event, DBW shallhave no liabilityto pay any funds whatsoever to Grantee or to furnish any other considerationsunder thisAgreement and Grantee shallnot be obligated to adhere to any provisionsof thisAgreement.
Iffundingforany fiscalyear isreduced or deletedby the Budget Act forpurposes of thisprogram,DBW shallhave the optionto eithercancelthis Agreement with no liabilityoccurringto DBW or to offeran agreement amendment to Grantee to reflect (6)
c.
d.
e.
f.
27. a.
b.
Contract# C25S0606, CityofNewportBeach,Surrenderedand Abandoned VesselExchange(SAVE) FiscalYear2025/2026,Date:09/18/2025Page: 16 Of46 the reduced amount,
28. INDEMNIFICATION
DPR shallnot be answerable or accountable in any manner for,any loss or expense by of any damage or injurytoperson or propertyarisingout of or relatedin any way toreason activitiescarriedout by Grantee, itsagents, officers,contractors, subcontractors and/or employees.
Under thisAgreement, Granteeshallprotect,holdharmless,indemnify and defend DPR, its agents,officers,and/oremployees againstany and allactions, claims, and damages to personsorproperty,penalties,obligationsand liabilitiesthatmay be assertedor claimed by any person,firm,association,entity,corporation,politicalsubdivision,or otherorganizationor person arisingout of or in connectionwith Grantee or Grantee's contractor s or subcontractor's activitieshereunder, whether or not there is concurrent passive negligence on the partof DPR, itsagents,officers,and/oremployees.
FUNDS ASSIST
The Funds Assistprocessenablesgranteeswithunused funds to assistother participating SAVE agenciesin need. For up to six(6)months priorto the expirationdate of the grant.
Funds Assistant is voluntary.Thereafter,at DBW's discretion,participationshall be mandatory forgranteeswithanticipatedremainingbalances.Failure to participate shall negativelyaffectgrantee’sscoreon futuregrantapplicationsfora periodof up to three (3) years.
29. The Funds Assistprocess 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 grantamendments to reduce or add funds to grantees as appropriate.
Grantee shall execute amendments in a timely manner.
Ifgrant amendments are not possible,DBW may requirecollaboration and reimbursement between agencies. Specificsforthisprocess willbe discussed with participatingagencies when needed.
90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreementsissuedtotheawarded agency must be completed and returnedwithin90 days ofthedateofissuanceaccordingto the instructionsissued by DBW with the grant agreement.Ifextenuatingcircumstancespreventthe abilityof the agency to meet this deadline,approvalfrom DBW must be obtainedinwriting.DBW retainsthe rightto determine approvalor denialofextensions.
a.
b.
30. 31. ANTI-CORRUPTION
Grantees are requiredto reportto DBW any written,suggested,or verballyimpliedcases whereby a contractor,subcontractororotherserviceproviderincreasestheirfee(s)due tothe existence or balance of a SAVE grant in order to increase theirfee(s).Such serviceproviders may be Investigatedforpricegouging.Ifinvestigated,a two-yearhistoryofchargesappliedto work of allknown SAVE grantwork by thatcontractorwillbe requiredby DBW forreview.
32. AQUATIVE INVASIVE SPECIES
Grantees are requiredto ensure thatthey and alltheirsub-contractors take allnecessary precautionstopreventthespreadofaquaticinvasivespecieswhen removingand transporting Contract# C25S0606, CKy ofNewportBeach.Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 17 of46 vessels and other marine debris.At minimum, precautions willinclude drainingallwater and ensuringthatmaterialisdry priortotransportingfrom 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.
ContractttC25S0606. CityofNewport Beacli,Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Dale:09/18/2025Page: 18 of46
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
ThisAgreementisofno forceoreffectuntilsignedby bothpartiesand approvedby the DepartmentofGeneralServices,ifrequired.Granteemay not commence performance until such approval has been obtained.
EFFECTIVE DATE:
Effectivedatemeans eitherthestartdateortheapprovaldate by the Department of General Services (DGS), whichever islater.In cases where DGS approvalisnot required,this Agreement isof no force or effectuntilthe date of the lastDBW signature.No work shall commence untilthe effective date.
AMENDMENT:
No amendment orvariationofthetermsofthisAgreementshallbe validunless made in writing,signedby thepartiesand approvedas required.No oralunderstandingorAgreement notincorporatedintheAgreementisbindingon anyof the parties.
ASSIGNMENT:
ThisAgreement isnotassignableby theGrantee,eitherin whole or in part,without the consent of the State in the form of a formal writtenamendment.
AUDIT:
Granteeagreesthattheawardingdepartment,theDepartmentof General Services,the BureauofStateAudits,ortheirdesignatedrepresentativeshallhave the irghtto review and tocopyany recordsand supportingdocumentationpertainingto the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum ofthree(3)yearsafterfinalpayment,unlessa longerperiod of records retention is stipulated.Granteeagreestoallowtheauditor(s)access to such recordsduringnormal businesshoursand toallowinterviewsofany employeeswho mightreasonablyhave informationrelatedtosuch records.Further,Granteeagreestoincludea similarrightofthe Statetoauditrecordsand interviewstaffinanysubcontractrelatedto performance of this Agreement.(Gov.Code §8546.7,Pub.ContractCode §10115et seq.,CCR Title2, Section 1896).
INDEMNIFICATION:
Granteeagreestoindemnify,defendand save harmlessthe State,itsofficers,agentsand employeesfromany and allclaimsand lossesaccruingor resultingto any and all contractors,subcontractors,suppliers,laborers,and any otherperson,firmor corporation furnishingor supplyingwork services,materials,or supplies in connection with the performanceofthisAgreement,and fromanyand allclaimsand lossesaccruingorresulting toany person,firmorcorporationwho may be injuredor damaged by the subcontractor GranteeintheperformanceofthisAgreement.
DISPUTES:
GranteeshallcontinuewiththeresponsibilitiesunderthisAgreement duringany dispute.
TERMINATION FOR CAUSE:
The Statemay terminatethisAgreement and be relievedof any payments should the GranteefailtoperformtherequirementsofthisAgreementat the time and in the
2. 3.
4. 5.
6. or
7. 8.
manner
Contract# C25S0606. CityofNawportBeach,Surrendaredand Abandoned VesselExchange(SAVE)RscalYear2025/2026.Date;09/1a«025 Page: 19 of 46 hereinprovided,Inthe event of such terminationthe Statemay proceed withthework 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:
The Grantee shall certifyin writingunder penalty of perjury,the minimum, ifnot exact, percentageofpost-consumermaterialas definedinthe Public Contract Code Section 12200, inproducts,materials,goods, or suppliesofferedor sold to the State regardless of whether the productmeets the requirementsof PublicContractCode Section 12209. With respect to printeror duplicationcartridgesthatcomply withthe requirements of Section 12156(e), the certificationrequired by thissubdivisionshallspecifythatthe cartridgesso comply (Pub.
Contract Code §12205).
NON-DISCRIlVIlNATION CLAUSE:
During the performance of thisAgreement, Grantee and its subcontractors shall not unlawfullydiscriminate,harass,or allow harassment againstany employee or applicantfor employment because of sex,race,color,ancestry,religiouscreed, nationalorigin,physical disability(includingHIV and AIDS), mental disability,medical condition(e.g.,cancer),age (over40), maritalstatus,and denialof familycare leave. Grantee and subcontractors shall insure thatthe evaluationand treatment of theiremployees and applicantsforemployment 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 applicableregulationspromulgatedthereunder(CaliforniaCode of Regulations, Title2, Section 11000 et seq.),the provisionsof Article9.5,Chapter 1,Part 1, Division3. Title2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding stateagency to implement such article.GRANTEE shall permit access by representativesof the Department of FairEmployment and Housing and the awarding stateagency upon reasonable noticeat any time duringthe normal business hours, but in no case less than 24 hours' notice, to such of itsbooks, records, accounts, and all other sources of information and itsfacilitiesas said Department or Agency shallrequireto ascertain compliance with thisclause. Grantee and itssubcontractors shall give written notice of theirobligationsunder thisclause to labor organizationswith which they have a collectivebargainingor otherAgreement.(See Cal.Code Regs., tit.2, §11105.)
9. 10.
Grantee shallinclude the nondiscrimination and compliance provisionsof thisclause 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 incorporatedby referenceand made a partofthisAgreement by thisreferenceas if attached hereto.
12. TIMELINESS:
Time isof the essence inthisAgreement.
13. COMPENSATION:
The considerationto be paid Grantee, as provided herein,shallbe incompensation forallof Grantee's expenses incurredinthe performance hereof,as outlinedin ExhibitB, item #24.
Contract«C25S0606. CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025(2026,Data;09/18/2025Page: 20 of 46
14. GOVERNING LAW;
ThisAgreementisgovernedby and shallbe interpretedin accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Granteeby signingthisagreementherebycertifiesthatifthese servicesor goods are obtained by means of a competitivebid,the Grantee shallcomply with the requirements of the Government Codes Sections set out below.
The Government Code Chapter on Antitrustclaimscontainsthe followingdefinitions; "Publicpurchase"means a purchaseby means ofcompetitivebids of goods,services,ormaterialsbytheStateorany ofitspoliticalsubdivisions orpublicagencieson whose behalftheAttorneyGeneralmay bring actionpursuantto subdivision(c)of
Section16750 ofthe Businessand ProfessionsCode.
"Publicpurchasingbody" means the Stateor the subdivision making a publicpurchase.Government Code Section4550.
Insubmittinga bidtoa publicpurchasingbody,thebidderoffersand agrees thatif thebidisaccepted,itwillassigntothepurchasingbody allirghts,title,and interestin and toallcauses ofactionitmay have under Section4 ofthe ClaytonAct (15 U.S.C.
Sec.15)orundertheCartwrightAct(Chapter2 (commencingwithSection16700) of Part2 of Division7 ofthe Business and ProfessionsCode), arisingfrom purchases of goods, materials,or servicesby the bidderforsaleto the purchasingbody pursuant to the bid.Such assignment shallbe made and become effective at the time the purchasingbody tendersfinalpayment tothe bidder.Government Code Section 4552.
Ifan awardingbodyorpublicpurchasingbodyreceives,eitherthroughjudgment settlement,a monetary recoveryfora cause of actionassigned under thischapter, the assignorshallbe entitledtoreceivereimbursementforactuallegalcosts incurred and may,upondemand,recoverfromthepublicbodyany portionof the recovery, includingtrebledamages,attributabletooverchargesthatwere paidby theassignor butwere notpaidby the publicbody as partofthebid price,less the expenses incurredinobtainingthatportionoftherecovery.Government Code Section 4553.
Upon demand inwritingby theassignor,theassigneeshall,withinone year from suchdemand,reassignthecauseofactionassignedunder thispartifthe assignor has been ormay have been injuredby theviolationof law for which the cause of actionaroseand (a)theassigneehas notbeen injuredthereby,or (b)the assignee declinestofilea courtactionforthe cause ofaction.See Government Code Section 4554.
CHILD SUPPORT COMPLIANCE ACT:
For any Agreement inexcess of $100,000,the Grantee acknowledges in accordance with Public Contract Code 7110, that:
The Grantee recognizesthe importance of childand familysupport obligationsand shallfullycomply withallapplicablestateand federallaws relatingtochildand family supportenforcement,including,but not limitedto,disclosure of information and a.
(1)
an
(2) or agency
b.
c. or
d.
16. a.
Contract# C2SS060e, CityofNawportBeach,SurrenderedandAbandonedVesselExchange(SAVE)FiscalYear2025/2026.Dale:09/18/2025 Page: 21 Of 46 compliancewithearningsassignmentorders,as providedin Chapter 8 (commencing with section5200) of Part 5 of Division9 of the Family Code; and b. The Grantee, to the best of itsknowledge is fullycomplying with the earnings assignmentordersofallemployees and isprovidingthe names of allnew employees to the New Hire Registrymaintained by the CaliforniaEmployment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable,then the partiesagree thatailotherprovisionsof thisAgreement have force and effectand shallnot be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
IfthisAgreement includesservicesinexcess of$200,000,the Grantee shallgive priority considerationinfillingvacanciesinpositionsfunded by the agreement toqualifiedrecipients of aid under Welfare and InstitutionsCode Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
Iffor thisAgreement Grantee made a commitment to achieve small business participation,thenGrantee must within60 days ofreceivingfinalpayment under this Agreement (orwithinsuch othertimeperiodas may be specifiedelsewhere in this Agreement) reportto the awarding departmentthe actualpercentage of small business participationthatwas achieved. (Govt.Code § 14841.) IfforthisAgreement Grantee made a commitment to achieve disabled veteran business enterprise(DVBE) participation,then Grantee must within 60 days of receivingfinalpayment under thisAgreement (orwithinsuch other time period as may be specifiedelsewhere inthisAgreement) certifyin a reportto the awarding department:(1)thetotalamount the prime Grantee received under the Agreement; (2)thename and addressoftheDVBE(s) thatparticipatedin the performance of the Agreement;(3)theamount each DVBE receivedfromtheprime Grantee; (4)thatall payments under the Agreement have been made to the DVBE; and (5)the actual percentage of DVBE participationthatwas achieved. A person or entity that knowinglyprovidesfalseinformationshallbe subjectto a civilpenalty for each violation.(Mil.& Vets. Code § 999.5(d);Govt. Code § 14841.) a.
b.
20. LOSS LEADER:
Ifthisagreement involvesthe furnishingof equipment, materials, or supplies then the followingstatementisincorporated:Itisunlawfulforany person engaged inbusiness within thisstateto sellor use any articleor product as a “loss leader” as defined in Section 17030 of the Business and ProfessionsCode. (PCC 10344(e).)
Contract# C25SOBOB. Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear ZQ2S/2026.Date;09/18/2025Page: 22 of46
EXHIBIT D
GRANTEE CERTIFICATION CLAUSES
I,the officialnamed below. CERTIFY UNDER PENALTY OF PERJURY thatIam dulyauthorizedto legallybindthe prospectiveGrantee totheclause(s)listedbelow. This certificationis made under the laws of the State of California.
Grantee Agency Name (Printed) Federal ID Number
City of Newport Beach 95-6000751
By (AuthorizedSignature)
PrintedName and TitleofPerson Signing
Date Executed Executed inthe County of
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f)and CCR, Title2,Section11102) (Not applicableto publicentities.) DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee willcomply withthe requirementsofthe Drug-Free Workplace Act of 1990 and will providea drug-freeworkplace by takingthe followingactions:
Publisha statement notifyingemployees thatunlawfulmanufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
Establisha Drug-FreeAwareness Program toinformemployees about:
the dangers ofdrug abuse inthe workplace;
the person'sor organization'spolicyof maintaininga drug-freeworkplace; any availablecounseling,rehabilitationand employee assistanceprograms; and,
penaltiesthatmay be imposed upon employees fordrug abuse violations.
Every employee who works on the proposed Agreement will:
receivea copy of the company's drug-freeworkplace policystatement; and, agree to abide by the terms of the company's statementas a condition of employment on the Agreement,
Failureto comply withthese requirementsmay resultin suspension of payments under the Agreement or terminationof the Agreement or both and Grantee may be ineligibleforaward of any futureStateagreements ifthe department determinesthat any of the followinghas occurred: the Grantee has made false certification,or violatedthe certificationby failingto carryout the requirementsas noted above. (Gov. Code §8350 et seq.)
2. a.
b.
(1)
(2)
(3)
(4)
c.
(1)
(2)
Contract# C25SCI606, Ciy ot Newport Beach. Surrendered and Abandoned Vesael Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 23 of46 NATIONAL LABOR RELATIONS BOARD CERTIFICATION:3.
Grantee certifiesthatno more thanone (1)finalunappealablefindingofcontempt of courtby a Federalcourthas been issued againstGrantee withinthe immediately preceding two-year periodbecause ofGrantee'sfailuretocomplywithan order of a Federal court, which orders Grantee tocomply withan orderofthe NationalLabor RelationsBoard. (Pub. ContractCode §10296)(Notapplicabletopublicentities.)
CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee herebycertifiesthatGranteewillcomply withthe requirementsof Section6072 of the Business and ProfessionsCode, effectiveJanuary 1, 2003.
Grantee agrees to make a good faitheffortto providea minimum number of hours of pro bono legalservicesduringeach yearoftheagreementequaltothelessorof30 multipliedby the number of fulltime attorneysin the firm'sofficesin the State,with the number of hours proratedon an actualday basisforany contractperiodof lessthan a fullyear or 10% of its agreement withthe State.
Failureto make a good faitheffortmay be cause fornon-renewal of a stateagreement for legalservices,and may be takenintoaccountwhen determining the award of future contracts/agreements with the State forlegalservices.
EXPATRIATE CORPORATIONS:
Grantee hereby declaresthatitisnotan expatriatecorporationorsubsidiaryofan expatriate corporationwithinthemeaning ofPublicContractCode Section 10286 and 10286.1, and is eligibletocontractwiththeStateofCalifornia.
SWEATFREE CODE OF CONDUCT:
AllGrantees contractingforthe procurementor launderingof apparel,garments or correspondingaccessories,ortheprocurementofequipment,materials,or supplies, otherthan procurementrelatedtoa publicworks contract,declare under penalty of perjurythatno apparel,garments or correspondingaccessories, equipment, materials,or supplies furnishedto the state pursuant to the contract have been launderedor producedinwhole or inpartby sweatshop labor,forced labor,convict labor,indenturedlaborunder penal sanction,abusive forms of child labor or exploitationof childrenin sweatshop labor,or withthe benefitof sweatshop labor, forced labor,convictlabor,indentured labor under penalsanction,abusiveforms of childlabor or exploitationof childrenin sweatshop labor. The Grantee further declaresunder penaltyof perjurythatthey adhere to the Sweatfree Code of Conduct set forthon the CaliforniaDepartment of IndustrialRelations website located at www.dir.ca.gov,and PublicContractCode Section6108.
The Grantee agrees to cooperate fullyin providingreasonable access to the Grantee’s records, documents, agents or employees, or premises ifreasonably required by authorized officialsof the contractingagency, the Department of IndustrialRelations,or the Department of Justice to determine the Grantee's compliance with the requirementsunder paragraph (a).
4. 5.
6. a.
as
b.
Contract# C25S0606. CityofNewportBeach,Surrendarodand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025 Page; 24 of 46 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.
GENDER IDENTITY:
For contracts of $100,000 or more, GRANTEE certifiesthat GRANTEE is in compliance with Public Contract Code section 10295.35.
8. DOING BUSINESS WITH THE STATE OF CALIFORNIA
The followinglaws applytopersonsor entitiesdoingbusiness with the State of California.
CONFLICT OF INTEREST:
Grantee needs to be aware of the followingprovisions regarding current or former state employees. IfGrantee has any questionson the statusof any person rendering services or Involved with the Agreement, the awarding agency must be contacted immediately for clarification.
1. CurrentStateEmployees (PCC 10410):
No officeror employee shallengage inany employment, activityor enterprisefrom which the officeror employee receivescompensation or has a financialinterestand which issponsored or funded by any stateagency, unless the employment, activityor enterpriseisrequired as a conditionof regularstateemployment.
No officeror employee shallcontracton hisor her own behalf as an independent contractor withany stateagency to providegoods or services.
Former State Employees (PCC 10411):
For the two-yearperiodfrom the date he or she leftstateemployment, no former stateofficer or employee may enterintoa contractinwhich he or she engaged inany ofthe negotiations, transactions,planning,arrangements or any partofthe decision-making process relevantto the contractwhile employed in any capacityby any state agency.
For the twelve-month period from the date he or she leftstateemployment, no former state officeror employee may enter into a contract with any state agency ifhe or she was employed by thatstateagency ina policy-makingpositionin the same general subject area as the proposed contractwithinthe 12-month periodpriorto hisor her leavingstateservice.
IfGrantee violatesany provisionsof above paragraphs,such actionby 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 preparatorytime and payment forper diem. (PCC 10430 (e)) LABOR CODE/WORKERS’ COMPENSATION:2.
Grantee needs to be aware of the provisions which require every employer to be insured againstliabilityforWorker’sCompensation or to undertakeself-insurance in accordance with the provisions,and Grantee affirmsto comply with such provisionsbefore commencing the performance of the work of thisAgreement. (Labor Code Section 3700) Contract# C2SS0606, CityofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) EiscalYear 202S/2026, Date;09/18/2025Page: 25 of46 AMERICANS WITH DISABILITIES ACT:3.
Grantee assures the State thatitcomplies with the Americans with DisabilitiesAct (ADA) of 1990, which prohibitsdiscriminationon the basisof disability,as well as allapplicable regulationsand guidelinesissuedpursuantto the ADA, (42 U.S.C. 12101 et seq.) GRANTEE NAME CHANGE:
An amendment isrequiredtochange the Grantee'sname as listedon thisAgreement. Upon receiptoflegaldocumentationofthe name change theState willprocess the amendment.
Payment of invoicespresentedwitha new name cannotbe paid priorto approval of said amendment. Any changes ofthe Grantee’srepresentativeshall be notified to DBW within 30 days writtennoticeon Grantee’sletterhead.
CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
4. 5.
When agreements are to be performedinthe stateby corporations,the contracting agencies willbe verifyingthatthe Grantee iscurrentlyqualifiedto do business in Californiain order to ensure that allobligationsdue to the state are fulfilled. "Doing business"isdefinedinR&TC Section23101 as activelyengaging in any transactionforthe purpose of financialor pecuniarygain or profit.Although there are some statutoryexceptionsto taxation,rarelywilla corporate Grantee performing withinthe statenot be subject to the franchisetax.
Both domestic and foreigncorporations(thoseincorporatedoutside of California) must be in good standing in order to be qualifiedto do business in California.
Agencies willdeterminewhether a corporationisingood standing by callingthe Officeof the Secretary of State.
a.
b.
c.
RESOLUTION;6.
A county,city,district,or otherlocalpublicbody must provide the State with a copy of a resolution,order,motion, or ordinance of the localgoverning body which by law has authority to enterintoan agreement,authorizingexecutionofthe agreement, AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shallnot be: (1) in violationof any order or resolutionnot subjectto reviewpromulgated by the StateAirResources Board or an airpollutioncontrol district;(2)subjecttocease and desistorder not subjecttoreviewissuedpursuantto Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions;or (3)finallydetermined to be inviolationof provisionsof federallaw relatingto airor water pollution.
PAYEE DATA RECORD FORM STD. 204:
This form must be completed by ailGrantees that are not another state agency or other governmental entity.
7. 8.
Contract# C25S0606, CityofNewportBeach,Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 26 of 46
EXHIBIT E - DARFUR CONTRACTING ACT
Ifyouragency hiresa contractortocompletework under thisgrant,the contractormust fillout and signthe DarfurContractingAct form priorto executionof the contract.A Sample of The Darfur ContractingAct form isprovided on the next page; thisform (DGS PD 1) can also be downloaded from the CaliforniaDepartment of General Services website.
EffectiveJanuary 1,2009, allInvitationsforBids (IFB)or Requests forProposals(RFP) forgoods or servicesmust address the requirementsof the DarfurContractingAct of 2008 (Act).(PublicContract Code sections10475, etseq.;Stats.2008, Ch, 272).The Act was passed by the CaliforniaLegislature and signed intolaw by the Governor to precludeStateagencies generallyfrom contractingwith "scrutinized"companies thatdo business inthe Africannation of Sudan (ofwhich the Darfur region is a part),forthe reasonsdescribedinPublicContractCode section 10475.
A scrutinizedcompany is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinizedcompanies are ineligibleto,and cannot, bid on or submit a proposal fora contractwith a State agency forgoods or services.(PublicContractCode section10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company thatcurrentlyhas (orwithin the previousthreeyearshas had) businessactivitiesor otheroperationsoutsideofthe United States to certifythatitisnot a "scrutinized"company when itsubmits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The followingsample Attachment may be Included Inan IFB or RFP to satisfythe Act’s certificationrequirements of bidders and proposers.
Contract# C25S0606, CityofNewport Boacti,Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page; 27 of46
EXHIBIT E - DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currentlyor within the previousthreeyears has had businessactivitiesorother operations outsideof the United States.
For such a company to bid on or submit a proposalfora State of Californiacontract,the company must certifythatitiseithera) not a scrutinizedcompany; orb) a scrutinizedcompany thathas been grantedpermissionby the DepartmentofGeneralServicesto submit a proposal.
Ifyour company has not,withinthe previousthree years, had any business activitiesor other operationsoutsideof the UnitedStates,you do nc^ need to complete thisform.
OPTION #1 - CERTIFICATION
Ifyour company, withinthe previousthreeyears,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/biddernamed below isnota scrutinizedcompany per PublicContractCode 10476; and b) I am dulyauthorizedto legallybindthe prospectiveproposer/biddernamed below.This certificationis made under the laws of the State of California.
Federal ID Number
95-6000751
CompanyA/endor Name (Printed)
Cityof Newport Beach
DateBy (AuthorizedSignature)
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 Servicesmay permita scrutinizedcompany, on a case-by-casebasis,to bid on or submit a proposal fora contractwith a stateagency forgoods or services,ifitisinthe best interestsof the state.Ifyou are a scrutinizedcompany that has obtained writtenpermission from the DGS to submit a bid or proposal,complete the informationbelow.
We are a scrutinizedcompany as defined in Public Contract Code section 10476, but we have receivedwrittenpermissionfrom the Department of General Services to submit a bid or proposal pursuantto PublicContractCode section10477(b).A copy of the writtenpermission from DGS is included with our bid or proposal.
Federal ID Number
95-6000751
CompanyA/endor Name (Printed)
Cityof Newport Beach
DateBy (AuthorizedSignature)
PrintedName and Titleof Person Signing
Contract# C25S060B. Cityof Newport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 28 of46 General
1 Applicant Information
a. ApplicantName
b. OrganizationalUnit
c. Address
d. Address 2
Cityof Newport Beach
100 Civic Center Drive
State CA Zip 92627
Unique EntityId.
Newport Beach
95-6000751
Citye.
f. Federal ID Number
Agency Typeg-
r County
r District
(f City
r Federallyor StateRecognized NativeAmerican Tribe
Goals and Objectives
Based on an agency'sapplication,DBW willprioritizefundingaccordingto agencies demonstratingthe greatest need, costeffectivemethods, and preventionstrategies.Additionally,pointsare awarded foragencies thatwork withtheirlocalprivatemarina owners inthepreventionof abandoned vessels. 2 ProjectInformation
a. ProjectName Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026
Isimplementingagency same as Applicant
Implementing Agency Name
ProjectStartDate
Amount of Funds Requested
f? Yes r Nob.
c.
End Date
ProjectCost
Sep-30-2027
$110,000.00
Oct-01-2025
$100,000.00
d.
e.
BillingAddress3.
Ifbillingaddress IsdifferentthanApplicantand/orContact, please provide BillingAgency
Name:
a.
Address:
State; Zip:City;
Phone;
Contract# C25S0606. Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 29 Of46 3 Contacts
a. Authorized Representative
Name
Title
MailingAddress
Paul Blank
Harbormaster
100 civic center dr
newport beach
(949) 270-8159
[email protected]
Zip 92660State CACity
FaxTelephone
E-mail Address
ProjectAdministrator
Name
Title
MailingAddress
b.
Cynthia Shintaku
Administrative Liaison
1600 W Balboa Blvd
Newport Beach
(949) 270-8159
[email protected]
92663State CA ZipCity
FaxTelephone
E-mail Address
Contact # CZ5S0606, CityofNewport BeacP, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear2025/2026,Date:09/18/2025Page: 30 of46 Minimum Qualifications
Does youragency have an enforcementprogramtoaddressabandoned boats? (♦ Yes t No Harbor Code Enforcement officersare out on the water daily. Their duties includemonitoringNewport Harbor as a whole,includingprivateslipsand anchorage areas.Our Harbor Departmentstaffcoordinatewith the Harbor Code Enforcement officersto identifyvesselsthatmay be a potentialor existingproblem inthe harbor.Thorough educationand information is providedtovesselowners topromptlybringvesselsintocompliance or utilizetheVessel Turn InProgram (VTIP). Owners may be issued a "NoticeofViolation,"ifthey failtobringvesselsIntocompliance within a specifiedtimeframe.Vesselsthatareabandoned or have no identifiable owners are processed fortheAbandoned AWF. Vessel condition,safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds fordestruction. Vessels at irsk of sinkingorrepresentotherhazardousconditionsareplaced inprioritystatus forthe VTIP program.
2. Attachordinance,resolution,or municipalcode authorizingyour agency's involvementand itsjurisdictionforpreventionand removal of abandoned vessels and acceptingsurrendered vessels.
3, Has youragency been outofcompliancewiththeterms ofany otherDepartment of C Yes (f No Parks and Recreationcontractor grant agreements withinthe past 3 years?
1. 1.
IfYes, describe
45961 0 612 17.70
fcnrorcernent.^at
Contract# C25S0606. Cityof Newport Beach, Surrandered and Abandotted Vessel Exchange (SAVE) iFscalYear 2025(2026,Data 08(1B(202S Page; 31 of46
1. California state Senate Districts
Select one or more of the CaliforniaState 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).
StateSenate02 ^ StateSenate03 StateSenate04 I”State Senate 05 StateSenate07 ^ StateSenate08 ^ StateSenate09 State Senate 10 StaleSenate12 I”StateSenate13 T stateSenate14 I”StateSenate15 ^ StateSenate17 SlateSenate18 ^ StateSenate19 ^ StateSenate20 ^ StateSenate22 ^ StateSenate23 I”StateSenate24 ^ StaleSenate25 r”StateSenate27 ^ StateSenate28 ^ StateSenate29 State Senate 30 I”StateSenate32 StateSenate33 ^ StateSenate34 State Senate 35 ^ StaleSenate37 ^ StateSenate38 ^ StateSenate39 State Senate 40 ^ StateSenate01
^ StateSenate06
r” StateSenate11
State Senate 16
State Senate 21
I” StateSenate 26
I” StateSenate31
f” StateSenate36
2. California State Assembly Districts
Selectone or more ofthe CaliforniaStateAssembly Districtswhere theproposedprojectactivitieswilloccur.
Copy and PastetheURL (http://www.legislature.ca.gov/legislators_and_dislricts/district3/dislricts.html)inyour browser to determine the State Assembly district(s).
State Assembly 04
r"StateAssembly08
State Assembly 12
State /Assembly 16
^ State/Assembly20
State Assembly 24
r"StateAssembly28
^ StateAssembly32
r*StateAssembly36
^ StateAssembly40
r*State/Assembly44
State Assembly 43
r*StateAssembly52
State /Assembly 56
State /Assembly 60
I”StatejAssembly64
State Assembly 68
^ State/Assembly72
^ State/Assembly76
State Assembly 80
State Assembly 03
I”StateAssembly07
^ StateAssembly11
r"StateAssembly15
^ StateAssembly19
State Assembly 23
State Assembly 27
r"StateAssembly31
State Assembly 35
State Assembly 39
r*StateAssembly43
^ StateAssembly47
State /Lssembly 51
State Assembly 55
State Assembly 59
I”StateAssembly63
State Assembly 67
State Assembly 71
State Assembly 75
f”StateAssembly79
State Assembly 02
State Assembly 06
r"StateAssembly10
I”StateAssembly14
^ StateAssembly18
I”State/Assembly22
I”StateAssembly26
r*StateAssembly30
^ StateAssembly34
I”StateAssembly38
I”StateAissembly42
r*State/^sembly46
State /Assembly 50
StateAssembly 54
State /Assembly 58
State /\ssembly 62
r"State/Lssembly66
I”StateAssembly70
State /\ssembly 74
State Assembly 78
f*”StateAssembly01
f”StateAssembly05
State Assembly 09
StateAssembly 13
State Assembly 17
^ StateAssembly21
r"StateAssembly25
r"StateAssembly29
r*State/^sembly33
^ StateAssembly37
r*StateAssembly41
StateAssembly 45
I"StateAssembly49
^ StateAssembly53
State Assembly 57
r"StateAssembly61
^ StateAssembly65
I”State/^embly69
r”State/Assembly73
StateAssembly 77
r
r
r
r
r
r
3. CaliforniaCongressional Districts
Selectone or more of the CaliforniaCongressional Districtswhere the proposed projectactivitieswilloccur.
Copy and Paste theURL (https://www.govtrack.us/congress/members/CA) inyour browser to determine the Congressional district(s).
^ CongressionalDistrict1
^ CongressionalDistrict4
^ CongressionalDistrict3
Congressional District6
^ CongressionalDistrict2
Congressional District5
Contract# C25S0606. Cityof Newport Beach. SurrerxJeredand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/16/2025 Page: 32 of 46 I”CongressionalDistrict9
r*CongressionalDistrict12
^ CongressionalDistrict15
Congressional District18
^ CongressionalDistrict21
r”CongressionalDistrict24
Congressional District27
r*CongressionalDistrict30
r*CongressionalDistrict33
CongressionalDistrict36
CongressionalDistrict39
r”CongressionalDistrict42
I”CongressionalDistrict45
I”CongressionalDistrict48
r"CongressionalDistrict51
Congressional District8
^ CongressionalDistrict11
CongressionalDistrict14
r”CongressionalDistrict17
r”CongressionalDistrict20
Congressional District23
Congressional District26
CongressionalDistrict29
I”CongressionalDistrict32
r"CongressionalDistrict35
^ CongressionalDistrict38
^ CongressionalDistrict41
I”CongressionalDistrict44
Congressional District47
r*CongressionalDistrict50
CongressionalDistrict53
Congressional District7
I”CongressionalDistrict10
CongressionalDistrict13
CongressionalDistrict16
CongressionalDistrict19
r”CongressionalDistrict22
I”CongressionalDistrict25
I”CongressionalDistrict28
CongressionalDistrict31
CongressionalDistrict34
CongressionalDistrict37
Congressional District40
^ CongressionalDistrict43
r”CongressionalDistrict46
CongressionalDistrict49
CongressionalDistrict52
4. County
Select one or more of the CaliforniaCounties where the proposed projectactivitieswilloccur.
Calaveras
r Glenn
r”Lake
Mendocino
I”Nevada
r”San Benito
I”Colusa
Humtxaldt
r”Lassen
^ Merced
Orange
^ San
Bernardino
^ SantaBarbara
I"Butte
^ Fresno
Kings
I”Mariposa
Napa
^ Sacramento
Alpine
f”DelNorte
Inyo
I”Madera
Mono
Plumas
I”Amador
El Dorado
Kem
Marin
Monterey
^ Riverside
r*Alameda
r”ContraCosta
f”Imperial
I”LosAngeles
I”Modoc
1“Placer
17 I”San MateoI”San Luis
Obispo
I”Sierra
Tehama
r Yuba
San Francisco San JoaquinSan Diego
Solano
^ Tulare
I”Siskiyou
r*Trinity
Shasta
r*Sutter
r’Volo
r”Santa Cruz
r”Stanislaus
Ventura
f~ SantaClara
r*Sonoma
Tuolumne
Contract# C25S0606. CityofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page; 33 of 46
3. Jurisdictional Control
Listallwaterbodiesthatare inyour jurisdictionalcontroland fillinthe chartforeach - What are your Primary ResponsibilitiesinyourAOR -Objective4:Existenceof an ActiveEnforcement Program identify
which
agency has
iead
jurisdiction
for
Acres or
square
miles of
removing
abandoned
vessels and
accepting
surrendere
d vessels in
What are the
corporate limits
of your agency’s
jurisdictional
control in each
waterbody?
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?
this
waterbod
y in your
jurlsdicti thisWaterbody
Name waterbody.
Cityof
Newport
Beach-Harbor
Department
on
The Cityhas
jurisdictionof the
whole harbor. Itis
the lead agency in
regards tocode
enforcement,
unless there is an
emergency, which
becomes the
Orange County
Sheriffs
jurisdiction.
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- Objective4; Existence of an active enforcement program
Total
number of
hours per
week
dedicated
to receipt
Total
number of
hours per
week
dedicated
to removal
Listthe names and titlesof staffassigned In theirjob duties to the removal of abandoned vessels and receipt of
surrendered vessels.
of of
abandoned
vessels
surrendere
d vessels
Total hours
per week
5.00 5.00 10.00Harbormaster
Code Enforcement Supervisor
Code Enforcement Officer (3)
5.00 5.00 10.00
15.00 30.0015.00
6.00 14.00 20.00Administraf'ave Coordinator
Objective 1;Prevention
Does youragency acceptsurrenderedvesseis? f? Yes r No5.
How does your agency advertisethisprogram component?6.
Contract# C25S0606, CKy of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) iFscalYear 2026/2026, Date;09/18/2025Page: 34 of 46 PublicityEfforts:
^ Advertisedonyourwebsite
Agency newsletters
I” PSAs,billboards
^ Socialmedia
Distributingbrochures
Other
[EmailCampaigns]
P
P
P
5Number of methods selected to actively
promote selfturn-in
Number of brochures distributedper year at:
List names of Events# of Brochures
Monthly Harbor Commission Meetings100
Community Meetings and Presentations80
List names of Marinas# of Brochures
20 Bavside Village Marina
Balboa Bay Club20
Newport Dunes Waterfront
California Recreational Marina20
List names of Other Activities# of Brochures
Webpage visits1.200
Brochures Available in Office75
Did youragency have a plantoincreasethenumber of surrendered vessels accepted over the lastcalendar year?Ifso.what was theplanand what were theresults?Additionally,what plansdoes your agency have to increasethe number of surrendered vessels you accept thisyear? The Newport Beach CityCounciland HarborCommission have an active interest in the condition of vesselsinNewport Harbor.Staffregularlyreportsto the CityCouncil and the Harbor Commission on theprogressofremediatingderelictvesselsfrom the Harbor and thosetowed fordisposal.Our Code Enforcement officersoftenrecommends the VTIP to eligible candidates.Inaddition,the Cityhas a web page, flyers,socialmedia posts and email campaigned forVTIP outreach.Most program partidpantscontactstaffdirectly, throughexistingadvertisingefforts,referralsfrom previousVTIP participaantsand the DBW SAVE Grant web page. Inthe coming
year,theCitywould liketocontinuesettingasidea portionofthe SAVE Grant to specificallyservice VTIP vesselsinOrange County and the surroundingcounties.
7. Inthe2021-2023grantcycle,theCityprocessed26 surrendered vessels and 4 abandoned vessels. In our current2023-2025 grantcycle,26 surrenderedvessels and 7 abandoned vessels have been processed. We are currentlyworking on 2 additional surrendered vessels and continue toadd interestedapplicantstoour waitlist.
NewportHarborishome to1,200moorings,1,200residentialpiers,drystorageand 60 marinas.
ContractU C25SO0O6. Qty o(Newport Beach,Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 35 of46 There isa a need inNewport Harbor toassistwitha deterioratingand aging boatingcommunity.
Removing problematicvesselsclearsthe mooringfields,marinas and docks,creatingmore open space forrecreationand providingmore availabilityfornew boatersto storevesselsinNewport Harbor.The Citycertainlyworks to remediate issues in Newport Harbor, but accepts vesselsfrom the surroundingcitiesand counties.Citystaff understands thatthe grantfundingshould assistthe boatingcommunity inthe Southern California region,as a whole.
How oftendoes youragency coordinatewithlocalboatinggroups ormarinas toinformthem ofthe surrendered vesselprogram? Describeactivitiesand identifygroups/marinascontacted inthe lastcalendaryear.(Answer onlyifyou selected‘Yes’toQ 5.)
The Cityof Newport Beach has an ongoing waitinglistof individuals who have reached out to the Citywithan interestinturningintheirvessel.Neighboringagencies alsoreferconstituentsto us who may be qualifiedforthisprogram. As the Citymakes itsway down the waitinglistof eligible vesselsforthe VTIP program, we send outemailcamapigns, social media blasts,notifications,and ads to localmarina and boatinggroups to informthem and remind them of the VTIP program.
Neighboringagencies frequentlyreferconstituents,as they are aware thatwe are activein promotingthe program and are efficientinthe program process.
8. Below are some ofthe localboatinggroups thatare notifiedofthe 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
Yes r NoDoes youragency acceptsurrenderedvesselsfrom boaters outsideitsjurisdiction?
Ifso,how many surrenderedvesselshave you receivedin the last calendar year?
Ifnot.identifywhy?
Describe how your agency monitorsabandoned vesselactivityinyourjurisdiction.Selectallthatapply ^ Routinepatrolofjurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness(listing,occupancy,trash,bilgerunning,operablelights) Abandoned vessel mapping and tracking
Multi-agencycoordination
r utilizeNASA data
9. 15
10. f?
F
F
7Number of methods selected to monitor abandoned vessel activity The CityofNewport Beach Harbor Department staffworks withDescribe additionalmethodologies, ifany, (besidesparticipationinSAVE) youragency theboatingcommunity to keep vesselsseaworthyand operable, to preventabandoned vesselswithin HarborDepartmentstaffconducts patrolsof the offshore
11. uses
Contract# C25S0606, Chy of Newport Beach, Surrendered and Abandoned VesselExchange(SAVE)FiscalYear2025/2026,Date:09/18/2025Page: 36 of46 mooring field,anchorage,publicpiers,privatedocks and
marinas,activelyinspectingvesselconditions.Allvessels that anchor Inour anchorages or rentmoorings from us are required topass a dye tabtest,implemented by ourstaffannually.
Additionally,mooring permitteesmust prove operabilityas a conditionto obtaina permit.
itsjurisdiction?
Allmooring permitteesarerequiredto submitproofof vessel insuranceand registration.Allshort-termmooringrenters and marina sliptenantsare alsorequiredtodemonstrateproof of insurance and registration.
StaffactivelyInvestigatesreportsofdistressedvesselsand
when issues of concern are discovered, making contactwith the owner on record.Annually,mooring live-aboardpermitteesare requiredtopass a vesselinspectionconductedby ourstaff
annually.The requiredvesselinspectiondemonstratesvessel operabilityand seaworthiness,and thattheholdingtank is in good workingorderand freeofleaks.
The Newport Beach Harbor Commission has continuously
supportedstaffInthe identificationand remediationof problem vessels.
Objective2: Control
Describemethodologies,ifany,youragency The CityofNewport Beach'sHarborDepartmentstaffworks to has implementedtocontroland prevent
abandoned vessels from entering Its
jurisdictionfrom other areas.
12. identifyproblemvesselsduringtheirdailypatrolsand makes contact with vessel owners. Staff willdetermine whether the vesselcan be broughtintocomplianceand vesselowners are
encouraged towork on theirvessels.
Other vesselsthatare inoperableand notseaworthy are
solicitedforthe VTIP program.
The CityHarbor Department staffenforcesNewport Beach
MunicipalCode Chapter17.alsoknown as theHarborCode.
SinceobtainingtheSAVE Grant,thenumber ofabandoned
vesselshave decreased due to thisprogram. Staffencourages owners ofderelictand neglectedvesselstoturnintheirvessels, making theprocessas streamlinedas possibleforthevessel
owners. However, there are instances when vessels are
abandoned inthepublicanchorage,piersand mooring fields In Newport Beach or neighboringjurisdictions.
Yes r NoDoes youragency collaboratewithneighboringSAVE granteesthatmanage abandoned and surrendered vessels?
13. Ifyes,listagenciesand describecollaboration.
In2024, our department removed 15 surrenderedvesselsfrom our neighboringagencies.Vessels thatwere surrendered to us ranged from Coachella. Burbank to our neighboringcitiesinOrange County. A number ofagenciesfrom Los Angeles County.RiversideCounty and San Bemamdino County have referredapplicantsto us.One ofthe main reason that we are able to assist our neighboringagencies isdue to the program resourceswe have established.The Cityof Newport Beach has active contracts with our vendors that offer comeptitivepricingforvesseltowingand destruction.Our program staffhave also streamlinedthe SAVE grantprocess thateffectivelyguides Contract# C25S0e06. Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page: 37 of 46 applicantsfromfillingoutprogramformstogettingtheirvesselsremoved by our selected vendors.
our
14. Does your agency have any specialcircumstancesand/or conditions that contribute to abandoned vessels yourJurisdiction?Explaincircumstances/conditions.
NewportHarborisoneofthelargestsmallcraftrecreationalharbors on the west coast. We welcome and service transientand localboaters alike.However, over the years,some boatershavefoundthemselvesfinanciallyunable to maintaintheirvessels,optingtoturninthevesselorsimplylettingthevesselbecome derelictand/orabandoned.
TransientboatersfrequentlyabandonvesselsinNewportHarbor withthe idea thatthe localagencies willremediate theblight.CityofNewportBeach HarborDepartmentstaffhas extensiveexperienceworthingwithboatersas they requestassistanceturninginvessels.Due tothecostofhaulingoutand maintenance,some boatersresortto abandoningtheirvessels.Inthosecases,theCityofNewport Beach takesactiontorelocate,investigatethe case and ultimatelydestroythevessel.
In
Objective 5: SNHAP
Per HNC 525,when evaluatingan applicationDBW shallgivegreaterweighttoapplicantswho havean existing SNHAP.
Doesyouragencyhavea SubmergedNavigationalHazardAbatement Plan (SNHAP)?
IfYes, attachcopy.
(T Yes r No15.
45985 0.150 17.70.30-.4Q.pdf
17.70.030Impound ofVesselsor Structures.
The Harbormastermay authorizetheimpound ofa vesselor
Summarize the detailedprocess inyour
SNHAP forthe abatement of non-vessel
relatednavigationalhazardsand commercial structurelocatedinor over thewaters of Newport Harbor or the PacificOcean under any ofthe followingcircumstances;
16. vessels.
A. Unless othenvisepermittedunder thistitle,the vessel or structureisattachedto a mooring thatisnot the vessel or structureidentifiedon the mooring permit.
B.An unpermittedvesselorstructureisattachedtoa public
mooring,dock,or slip.
C. A vessel or structureisinviolationof the anchorage or berthingrequirementsofthistitle.
D. The vessel or structureisleftunattended and ismoored, docked, beached, or made fasttoland ina positionthat
obstructsthe normal movement of trafficor ina conditionthat createsa hazard to othervesselsusingthewaterway, to public safety,ortothepropertyofanother.
E. The vessel or structureinterfereswith,or othenrviseposes a danger to,navigationortothepublic
health,safety,or welfare.
F.The vesselor structureposes a threattoadjacentwetlands, levees,sensitivehabitat,any protectedwildlifespecies,or water quality.
G. A vessel or structureisfound or operated upon a waterway witha registrationexpirationdate
inexcessofone yearbeforethedateon whichitisfound or
operated on the watenrvay.
H. The vesselor mooring permitteedoes nothave proper
insurance or owes a debt to the City.
I.Federalor Statelaw permitsthe Cityor any peace officer, lifeguard,ormarinesafetyofficeremployedby theCityto
remove,and.ifnecessary,storea vesselremoved froma public waterway.
ContractItC25S0606.CityofNewportBeach,Surranderedand Abandoned VesselExchange (SAVE) iFscalYear2025/2026,Dale:09/18/2025Page: 38 Of46 IdentifytheSNHAP's fundingsourceforthecontrol/abatementof non-vessel related water hazards, hazardousfloatingdebris(suchas logs),submerged objectsand abandoned piersand pilings
17. 17.20.040-AllStray,unattendedor abandoned vessels,timber or any other personal propertyfound inthe water or on the shore of Newport Harbor or the PacificOcean not inthe lawfulpossession or controlofsome person,shallbe immediatelyreportedto the Harbormster. Any such vessel or propertyshallbe dealtwithas providedintheappropriateprovisionsofChapter 1.20 and 17.70,or Section510 etseq.oftheCaliforniaHarborand NavigationCode, as the same now read or may hereafterbe amended. For purposes ofthissection,any vesselon the PacificOcean shallbe deemed tobe stray,unattendedand abandoned ifthevessel isunoccupied by a person during:
A. Any nighttimehours(sunsettosunrise);
B.Any timeperiodwhen a smallcraftadvisoryorgreaterhas been issued by the NationalOceanic and Atmospheric Administration;or
C. Daylighthoursformore than threehours.
17.45.030 D - Refuse and Vessels on Shoreline.No person shallplace or allowabandoned vessels or boats,materials,garbage, refuse,debris,litter,timberor otherwaster matter of any descriptionto remainon or upon theshorelinesofthePacificOcean or on the shorelinesof Newport Harbor within theCity.The Citymay remove thesame withorwithoutnotice,and the cost thereof may be recoveredfromany personowningthesame, orplacingor causing itto be placed on the shoreline.
17.70.030- Impound ofVesselsor Structures;The Harbormastermay authorizedthe impound of a vessel or structurelocated in or over the waters of Newport Harbor or the PacificOcean under any of the followingcircumstances:
A. Unless otherwisepermittedunder thistitle,the vessel or structureisattachedto a mooring thatis not the vessel or structureidentifiedon the mooring permit.
B.An permittedvesselorstructureisattachedtoa publicmooring,dock, or slip.
C. A vessel or structureisinviolationof the anchorage or berthingrequirementsofthistitle.
D. The vessel or structure is leftunattended and ismoored, docked, beached, or made fastto land ina positionthatobstructsthenormalmovement oftrafficor in a condition that creates a hazard to othervesselsusingthewaterway,topublicsafety,or to the propertyof another.
E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigationorto the public,health,safety,or welfare.
F.The vesselor structureposes a threatto adjacentwetlands, levees, sensitivehabitat,any protectedwildlifespecies,or water quality.
G. A vessel or structureisfound or operated upon a waterway witha registrationexpirationdate in excessofone yearbeforethedateon which itisfoundor operated on the waterway.
H. The vesselor mooringpermitteedoes nothave properinsurance or owes a debt to the City.
I.Federalor Statelaw permitsthe Cityor any peace officer,lifeguard,or marine safetyofficer employed by theCitytoremove,and,ifnecessary,store a vessel removed from a publicwaterway.
The Citymay chargeor bringactioninthecourtsofthisstateto recover any costs pursuant to impounding a vessel or structure.
Additionally,theCitypartnerswitha coalitionofOrange County based environmentalgroups to furtherclean-upand identifynon-vesselrelatedhazardsinNewport Harbor.Over 300 scuba divers and above-water volunteerson smallvessels spend the day checking on problem areas inthe Conlracl#C25S0606, CityofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 39 of 46 harborand collectingtrash,plastics,and otherdiscardedwater pollutants.Objects thatare too difficulttoretrieveduringtheday are marked and the appropriateprofessionalsare brought into assistinthe retrievalofthe object.Last year,over 5,000 pounds of non-vessel relateddebris was removed from Newport Harbor
Fundingfortheremovalofthemarine debrisispartof the Harbor Department's annual operating budget.
ContractU C25S0606, CityotNewport Beach,Surrenderedand Abandoned VassalExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page; 40 of46 Objective 3: Cost Effectiveness
Has youragency been involvedinabatementactivitiesduringthepast3 calendar (» Yes r No years?
Ifyes,providetheaverage costtoremove and destroyvessels in the chart below:
ABANDONED VESSELS AVERAGE
COST
$1,500 or lessVessels Less Than 30' LAST CALENDAR
YEAR
18,
more than $3,000Vessels Less Than 30' LASTS
CALENDAR
YEARS
18a.
more than 85,000Vessels Greater Than 31' LAST CALENDAR
YEAR
19. more than $5,000Vessels Greater Than 31' LAST 3
CALENDAR
YEARS
19a.
SURRENDERED VESSELS
Vessels Less Than 30' more than $1,000 LAST CALENDAR
YEAR
20. more than $1,000Vessels Less Than 30' LAST 3
CALENDAR
YEARS
20a.
more than $2,000Vessels Greater Than 31' LAST CALENDAR
YEAR
21 more than $2,000Vessels Greater Than 31’ LASTS
CALENDAR
YEARS
21a.
Contract# C2SS0606. CityofNawport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 41 Of 46 IdentifythelastthreeCLOSED SAVE grantsawarded and thepercentageofunspentfundingthatwas leftIn each grant.
ONLY LIST CLOSED GRANTS
22. Percentage
offending
left over
Amount
Awarded
Closed SAVE grants
year awarded
175,000.00 16
2020
175,000.00 3
2021
00.002022
3Identifythenumber ofpersonnelcurrentlyworkingintheprogramwithmore thantwoyears' experiencemanaging theSAVE program.
What process/method/practicehave you
implementedinthelast24 months toreduce
thegrantprogram'scostofremovingand
destroyingabandoned orsurrendered
vessels?
23. Harbor Code Enforcement officersare out on the water daily.
TheirdutiesincludemonitoringNewport Harbor as a whole,
includingprivateslipsand anchorageareas.Our Harbor
DepartmentstaffcoordinatewiththeHarborCode Enforcement
officerstoidentifyvesselsthatmay be a potentialor existing problemintheharbor.Througheducationand informationis
providedtovesselownerstopromptlybringvesselsinto
complianceorutilizetheVesselTurninProgram (VTIP).
Owners may be Issueda NoticeofViolationiftheyfailto bring vesselsintocompliancewithina specifiedtimeframe.Vessels that are abandoned or have no identifiableowners are
processedfortheAbandoned AWF. Vesselconditionistaken
intoconsiderationwhen prioritizingenforcement and the use of SAVE funds fordestruction.Vessels at riskof sinkingor
representotherhazardousconditionsareplacedinpriority
statusfortheVTIP program.
Doesyour agency have additionalfundingsources(otherthan SAVE) forremoval C Yes and disposalofabandoned vesselsinthe event you run out of grantfunding or are not awarded the fullgrantrequest?
24. (? No25.
Ifyes,list
Does yourora partneragencyhave vesselstoragecapabilitiesthatcan be used by Yes youragencyatno costtoSAVE?
Does youragency have access/abilitytodisposeofvessels at a local or neighboringlandfill?
What isthe number of abandoned vessels inyour jurisdictionthatwillbe ready for disposalduringthisgrantperiod,ifawarded?
How were these vessels identified?
r No26.
r Yes c No27,
1028.
Abandoned vessels inour harbor are impounded due toseveral code violations,vesselowners areunreachableafterour staff have made severalattemptstocontactthe them.
30What isthe number of surrendered vessels inyour jurisdictionthatwillbe ready for disposalduringthisgrantperiod,ifawarded?
How were these vessels identified?
29. Individualscontactedthe CityofNewport Beach throughour staffprovidingeducationon theprogram,orthroughreferral
from neighboringagencies.
Contract# C25S0606, C»y ofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) RscalYear202S/2026,Date:09/18/2025Page: 42 of46 Yes r NoDidyou collaboratewithmarinasinyourjurisdictionto identifythe number of potentialsurrenderedvesselslistedinyourbudget?
Ifyes.listmarinas.
30. American LegionPost 291;BahiaCorinthianYacht 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 HarborYacht Club;South Coast Shipyard; Valley Marina; Vikings Port Marina
Contract#C25S0606. CityofNewport Baach, Surrenderedand Abandoned VesselExchange (SAVE) iFscalYear 2025f2026,Date:09/18/2025Page: 43 of46 Budget
VESSEL
LENGTH
ESTIMATED
COSTList IdentifiedAbandoned Vessels (CF #s)
25,000.0049Coast Guard Doc # 925952-Pescaholic
20,000.0041CF 4766 TF
5,000.0031ICF 9964 SM
2,000.0025CF 0995 GV
52,000Total
VESSEL
LENGTH
ESTIMATED
COSTList Identified Surrendered Vessels (CF #s)
22.000.0040Coast Guard Doc # 568668
45 29,500.00Coast Guard Doc# 277077 1
40 17,500.00Coast Guard Doc #1047781
29,500.0045Coast Guard Doc #228270
8,000.0038Coast Guard Doc #626059
2.000.0020CF 3497 FB
3.500,0028Coast Guard Doc# 500764
112.000.00Total
APPROXIMAT
E VESSEL
LENGTH
ESTIMATED
COST
Total number
of vesselsEstimate Future Abandoned Vessels
58,000.0010 20-50Estimatedabout 10 vesselsbeing abandoned intwo years
58.000.0010Total
We are estimatingprocessing10 abandoned vesselsrangingbetween 20-50’ in the program inthe next two years.
Justification;
APPROXIMAT
E VESSEL
LENGTH
Total number
of vessels
ESTIMATED
COSTEstimate Future Surrendered Vessels
28,000.0030 9-50Estimatingabout20-30vesselstobe sumenderedover the two years
28,000.0030Total
With the currentdemand of the VTIP program, we anticipateprocessing30 vessels inthenexttwo years.We willcontinueofferingthisprogram serviceto our constituentsalongwithassistingourneighboringagencies.
Justification:
250,000TOTAL GRANT
25,000REQUEST PLUS 10%
25,000AGENCY MATCH
275,000TOTAL PROJECT COST
Contract# C25SCI606, Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 44 of46 Contract# 02550606, CityofNawport Beach, Surrondered and Abandoned VMset Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 45 of46
1. Applicant Certification
Per Harbors and NavigationCode 525 (C) “A grantawarded by the departmentpursuanttosubparagraph (A) shallbe matched by a 10% contributionfrom the localagency receivingthegrant."Matching fund may be rendered incash, or through in-kindcontributionswhich must be veriifed,and are at the discretionofDBW.
These contributionsmay include(butare not limitedto)the following:administrativecosts,personnelhours, removal, and/or storage.
Grant monies WILL NOT be reimbursedby DBW unless 10% match for each reimbursement claim is met.
Under penaltyofperjury,IcertifythatIhave examined thisapplicationand thedocument(s),proposal(s), and statement(s)submittedinconjunctionherewith,and thatto the best of my informationand belief,the information contained herein istrue, accurate, correct, and complete.
Fa.
W am the person authorizedto submit thisappiicationon behalfof the applicant.Icertifythatb.
Date: 04/28/2025Name: Cynthia ShintakuPrepared by:
04/28/2025Paul Blank Date:Reviewed by: Name:
04/28/2025Date:Approving Officer: Name; Paul Blank
Contract# C25S0fl06,CityofNewport Beach, Surrarderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 46 of46