Attachment B- Agreement with Pacific Towing, LLC — Newport Beach City Council, April 14, 2026

ON-CALL PROFESSIONAL SERVICES AGREEMENT

WITH PACIFIC TOWING LLC DOING BUSINESS AS

TOWBOATUS NEWPORT BEACH FOR

VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered intoas ofthis14th day ofApril,2026 (“EffectiveDate”),by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (“City”),and PACIFIC TOWING LLC, a Californialimitedliabilitycompany doing business as (“DBA”) TOWBOATUS NEWPORT BEACH (“Consultant”),whose address is 1100 SOUTH COAST HWY, SUITE 210, LAGUNA BEACH CA 92651, and is made with reference to the following;

RECITALS
A. 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 servicesforsurrendered 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.

NOW, THEREFORE, itismutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on 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.

2.1 Attachment B
Consultant shallprovide a letterproposal forServices requested by the City (hereinafter referredto as the “LetterProposal”). The Letter Proposal shallincludethe following:

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 duties inthe 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 is incorporatedherewith by reference and attached hereto as Exhibit D.

2.2 2.3

3. TIME OF PERFORMANCE
Time isof the essence inthe performance of Services under 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 shall be performed to completion in a diligentand timely manner. The failureby Consultant to strictlyadhere to the schedule set forthinExhibitA and the LetterProposal, ifany, or perform the Services ina diligentand timelymanner may resultin termination of thisAgreement by City.

3.1 Notwithstanding the foregoing. Consultant shall not be responsible for delays due to causes beyond Consultant’s reasonable control. However, in the case of any such delay in the Services to be provided forthe Project,each party hereby agrees to provide noticewithintwo (2)calendar days of the occurrence causing the delay to the other party so that alldelays can be addressed.

Consultant shallsubmit allrequests forextensions of time for performance in writingto the ProjectAdministrator as defined herein not laterthan ten (10) calendar days afterthe startof the conditionthat purportedlycauses a delay. The Project Administratorshallreview allsuch requests and may grant reasonable time extensions forunforeseeable delays thatare beyond Consultant’scontrol.

3.2 3.3
PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 2
For alltime periods not specificallyset forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail.

3.4 4. COMPENSATION TO CONSULTANT
City shallpay Consultant forthe Services on a time and expense not-to- exceed basis in accordance with the provisionsof 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 priorwritten 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’sbillsshallinclude the name of the person who performed the Work, a briefdescriptionofthe 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 invoiceby Citystaff.

Cityshallreimburse Consultant only forthose costs or expenses specifically identifiedin ExhibitB to thisAgreement and the LetterProposal or specificallyapproved inwritingin advance by City.

Consultant shallnot receive any compensation for Extra Work performed without the priorwrittenauthorizationof City. As used herein, “Extra Work” means any Work thatisdetermined 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 Letter Proposal.

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 shall be available to City at allreasonable times during the Agreement term. Consultant has designated David LaMontagne to be itsProjectManager. 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’sapproval 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 writtenrequest of City.

5.1 5.2

Page 3 ends

Consultant warrants thatitwillcontinuouslyfurnishthe necessary personnel to complete the Projecton a timely basis as contemplated by thisAgreement.

IfConsultant isperforming inspectionservices forCity,the ProjectManager and any other assigned staffshallbe equipped with a cellularphone to communicate with City staff.The Project Manager’s cellularphone number shallbe provided to City.

5.3 6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City’s Harbormaster or designee shallbe the ProjectAdministratorand shallhave the authority to act forCity under thisAgreement. The ProjectAdministratorshallrepresent City in all matters pertainingto the Services to be rendered pursuant to thisAgreement.

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 this Agreement, and that itwill perform allServices in a manner commensurate with community professional standards 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 delivery of completed Work, Consultant certifiesthat the Work conforms to the requirements of thisAgreement, allapplicablefederal,state and locallaws, 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 legallyrequired of 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 defaultby reason of strikes, lockouts, accidents, acts of God, or the failureof City to furnishtimely informationor to approve or disapprove Consultant’s Work promptly, or delay or faultyperformance by City,contractors,or governmental agencies.

8.1 8.2

8.3 PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 4

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 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’s presence 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 orwillfulmisconduct 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 policylimitsdo not act as a limitationupon the amount of indemnificationto be provided by Consultant.

9.1 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 control of 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 shall be deemed to constituteapproval for Consultant or any of Consultant’s employees 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 isin compliance with the terms of thisAgreement. Anything in thisAgreement thatmay 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 thatConsultant shallfollowthe desires of City with respect to the resultsof the Services.

11. COOPERATION
Consultant agrees to work closely and cooperate fullywith City’s designated ProjectAdministratorand any other agencies that may have jurisdictionor interestinthe Work to be performed. City agrees to cooperate with the Consultant on the Project.

PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 5

12. CITY POLICY
Consultant shalldiscuss and review allmatters relatingto policy and Project directionwith City’sProjectAdministratorinadvance of allcriticaldecision points inorder to ensure the Project proceeds in a manner consistent with City goals and policies.

13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project,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 ofthisAgreement 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 partner or jointventurer or syndicate member or cotenant ifConsultant isa partnershipor joint-ventureor syndicate or co-tenancy, which shall resultin changing the control of Consultant. Control means fiftypercent (50%) or more of the votingpower 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 thisProjectare identifiedin ExhibitA and the Letter Proposal. Consultant shall be 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 City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended 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.

PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 6

17. OWNERSHIP OF DOCUMENTS

17.1 Each and every report,draft,map, record,plan,document and other writing produced, including but not limitedto, 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 exclusivepropertyof 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, including alllogins 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 for other 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 Cityor persons other than Consultant iswaived against Consultant, and City assumes 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 City expressly authorizes inwritingthe release of information.

19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, itsagents, officers,representatives and employees against any and allliability,includingcosts, for infringement or alleged infringementof any United States’letterspatent,trademark, or copyright,includingcosts, contained in Consultant’s Documents provided under thisAgreement.

20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City,fora minimum period of three (3)years, or for any longer period required by law, from the date of finalpayment to Consultant PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 7
under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shallallow a representative of City to 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 withholding of any amounts found to have been improperlywithheld.

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 restorationexpense shall be borne by Consultant. Nothing inthisSection isintended to limitCity’srightsunder the law or any other sections of thisAgreement.

CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS23.

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 seq.. which (1) require such persons to disclose any financial interest that may foreseeably be materiallyaffectedby the Work performed under thisAgreement, and (2) prohibitsuch 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 terminationof thisAgreement by City. Consultant shall indemnify and hold harmless City for any and allclaims for damages resultingfrom Consultant’s violation of this Section.

Page 8 ends

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of thisAgreement shallbe given inwriting, and conclusively shall be 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 All notices,demands, requests or approvals from Consultant to City shall be addressed to City at:

Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices,demands, requests or approvals from City to Consultant shall be addressed to Consultant at:

Attn: David LaMontange
PacificTowing LLC
1100 SOUTH COAST HWY SUITE 210
LAGUNA BEACH CA 92651

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 arising out of this Agreement except those previously made in writing and identifiedby Consultant inwritingas unsettledat the time of itsfinalrequest forpayment.

Consultant and City expressly agree that in additionto 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
In the event that eitherparty failsor refuses to perform any of the provisions of thisAgreement at the time and in the manner required,that party shall be deemed in defaultinthe performance of thisAgreement. Ifsuch default isnot cured within a period of two (2) calendar days, or ifmore than two (2) calendar days are reasonably required to cure the default and the defaulting party failsto give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default,and

27.1 PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH 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 tothe 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 conditioncontained 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 provisions herein.

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 either party 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.

PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 10

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 allmatters 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]
PacificTowing LLC DBA TOWBOATUS NEWPORT BEACH Page 11
IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.

CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:

APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE
Date:
-f(?/
j[fc»nC. Harp » a^
By:By:

Lauren Kleiman
Mayor
Aa
City Attorney
CONSULTANT: Pacific Towing LLC, a
Californialimitedliabilitycompany
Date:

ATTEST:

Date:

By:By:.

Lena Shumway
City Clerk
David LaMontagne
Manager
[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
PacificTowing LLC DBA TOWBOATUS Newport Beach Page 12

EXHIBIT A

SCOPE OF SERVICES
Page A-1PacificTowing LLC DBA TOWBOATUS Newport Beach

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 greater Southern 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 Cityof 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 of the 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 provisionsinthe proper removal and/or disposals of vessels. Contractors shallbe responsible forensuring thatallrulesand regulationspertainingtothe salvage and demolitionof allmaterialsresultingfrom the Contractors’ disposal of vessels (or hazardous marine debris) are followed.

Location ofwork to be performed shallbe designated by the Cityand may vary with each service request.

PROJECT ADMINISTRATION
On-callcontractsdo not guarantee or imply any specificquantityof work over the proposed contractperiod.When the need forservices arises,the Cityshallrequest inwriting,the necessary services required in adequate detail.Contractor shallthen provide a detailedletterproposal for services as requested by the City (hereinafterreferredto as the “LetterProposal”).This letter proposal shallprovide the estimated time, rates and fees forthe services requested.

Invoicesto the City must includethe following:
• Name and Address of the City of Newport Beach
• Contract and Invoice Number
• Detailed Description of 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 thatservices and costs proposed are commensurate with those provided. No services shallbe provided untilthe Cityhas provided writtenacceptance of the LetterProposal. Once authorized to proceed, the contractor shall diligentlyperform the duties listedinthe approved Letter Proposal.

EXHIBIT B

SCHEDULE OF BILLING RATES
PacificTowing LLC dba TOWBOATUS NEWPORT BEACH Page B-1

PRICING - ON-CALL VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES

VESSEL SIZE/TYPE BILLING RATE (PER FOOT)
Vessels 10' - 25' $ 115.00-300.00
Vessels 26' - 34' $ 115.00-350.00
Vessels 35' and up $ 200.00-400.00
Vessels - Wood $ Same as Above
Vessels- Concrete $ TBD case by case basis
$ TBD case by case basisVessels - Steel
The above isforyard and demolitioncosts.Please see attached rate sheet for on- water towing, pollutioncontainment and relatedservices.

Cost File Addendum
TowBoatUS/VESSEL ASSIST NewportService Rates
EffectiveJanuary 1,2026
Day Rates Night Rates
(sunrise to sunset! (sunset to sunrise)
Services
Salvage
Towing (TowBoatUS Boat)
Small CraftAdvisory
Diver
SoftUngrounding
Minor pump-out/dewatering
Deckhand
Crane Barge*
Pollutiondisposalfee
$ 320/ft
$ 345 / hr.
$ 60 / hr.+ boat hourly rate
$ 200 /hr.+ boat hourlyrate
$ 20 / ft.+ hourly rate
$ 20 / ft.-rhourly rate
$ 60 / hr
$ 520/hr
Actual feespaid
$ 370 / ft.
$ 390 / hr.
$ 300 /hr.+ boat hourlyrate
$ 70/hr
Oil Snill Response Charges
Oil Boom Deploy/Retrieve-
Oil Boom per day inexcessof 24 hours -
Oil Boom Cleaning -
Oil Sorb/Pad Deployment/Retrieval/Disposal-
Salvagechargesincludedivingservices,airbagdeployment and pumps toraisevessel/debrisor remove a groundedboat.Pricefortowing includes;1-Company owned boat and captain,and equipment alreadyon board. Hourly ratesare 1 hour minimum. Charges forassistanceand towing arecharged on an hourlybasisfortheentiretime underway (portalto portal)beginningand ending inNewport Harbor.

Per footcharges are calculatedbased on lengthoverall(LOA). Soft Ungrounding and Pump-out fee is limited to 1-hour max service.
$1500 flat(up to65’ boat)
2 / ftper day$
$ 5/ft.
$ 60 / hour / crew
Demolition Fee Estimates
$3,000 - $4,500
$4,500-$12,000
$7,000 - $35,000
Vessels up to 25’
Vessels 26’ to 34’
Vessel 35’ and greater
The demolitionfeeestimatesare based upon previousdemolitionjobs and arenoted only forreference as estimates.Many factorscan change the feesprimary of which isthe disposaland quantityof pollutantsor otherhazardousmaterials,and theactualhulland superstructurematerials. *Denotes serviceprovidedby outsidesubcontractor.Oane Barge servicesby South Mooring Service.

Demolition Servicesby South Coast Shipyardor Big Bay Marine. City isfreeto contractwith subcontractorsdirectly.

EXHIBIT C

INSURANCE REQUIREMENTS
Provision of Insurance. Without limitingContractor’s indemnificationof City, and priorto 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 in a 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 currently authorized 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.

1. 2.

3. Coverage Requirements.

A. Workers’ Compensation Insurance. Contractor shall provide coverage for all its employees for any injuries or claims under the U.S.

Longshoremen’s and Harbor Workers’ Act (USL&H), the Jones Act, or under laws, regulations,or statutes applicable to maritime employees.

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,property damage, products-completed operations, personal and advertisinginjury,sudden and accidental pollution,and liabilityassumed under an insured contract(includingthe tortliabilityof another assumed ina business contract).The policyshallhave no waterborne exclusions.

Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.

Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodilyinjuryand property damage 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 single limitforeach accident.

Page C-1PacificTowing LLC DBA TOWBOATUS Newport Beach
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated inSection Four.

Watercraft Liability. Contractor shall maintain watercraft liability insurance including Protection and Indemnity with minimum limits of three milliondollars($3,000,000)each occurrence and inthe 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 in Section Four.

PollutionLiabilitycovering allof the Contractor’s operations to include onsite and offsitecoverage forbodilyinjury(includingdeath and mental anguish), property damage, non-owned disposal site liability,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 undenA/aterepoxy wraps, coatings, sealants, and adhesives.

Contractor shallsubmit 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 liabilityrequired by 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-contributory insurance requirements stated herein. No insurance policies maintained by the City,whether primary or 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.

4. Other Insurance Requirements. The policiesare to contain,or be endorsed to contain,the followingprovisions:

A. Waiver of Subrogation. Allinsurance coverage maintained or procured pursuant to thisContract shallbe endorsed to waive subrogation against PacificTowing LLC DBA TOWBOATUS Newport Beach Page C-2
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.Allliabilitypoliciesincludingmarine 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.

Primary and Non Contributory. Contractor’s insurance coverage shall be primary insurance and/or the primary source of recovery with respect to 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. Any insurance or self-insurance maintained by City or State of Californiashallbe excess of Contractor’s insurance and shall not contribute with it.

D. Notice of Cancellation. All policiesshall provide City with thirty(30) calendar days’ noticeof cancellationor nonrenewal of coverage (except fornonpayment forwhich ten (10) calendar days’ noticeisrequired)for each quired coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices.

Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting allthe requirements stated herein,where applicable,in an amount not less than two million dollars ($2,000,000)arisingfrom theirwork on the project.

5. AdditionalAgreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shallprovide certificatesof insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City withinten (10) regularCity business 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 this Contract. The certificates and endorsements for each insurance policyshall be signed by a person PacificTowing LLC DBA TOWBOATUS Newport Beach Page C-3
authorized by thatinsurerto bind coverage on itsbehalf. At least fifteen (15) days prior to the expirationof any such policy,evidence of insurance showing thatsuch insurance coverage has been renewed or extended shall be filedwith the City.Ifsuch coverage is cancelled or reduced, Contractor shall,within ten (10) days afterreceipt of written notice of such cancellationor reduction of 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 allrequired insurance policies,at any time.

City’sRight to Revise Requirements. The City reserves the rightat any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days’ advance written notice of such change. If such change results in substantial additionalcost to Contractor, City and Contractor may renegotiate Contractor’scompensation.

Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters intocontractswith on behalf of City willbe submitted to City for review.

Failureof Cityto request copies of such agreements willnot impose any liabilityon City,or itsemployees. Contractor shallrequireand verifythat 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.

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 specifiedminimum limitsof insurance and coverage shall be available to the City.

Self-Insured Retentions. Contractor agrees not to self-insureor to use E.

PacificTowing LLC DBA TOWBOATUS Newport Beach Page C-4
any self-insuredretentionson any portionof the insurance required herein and furtheragrees that itwillnot allow any indemnifying partyto self-insureits obligationsto 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 forpayment of any deductibles on theirpolicies.

City Remedies for Non Compliance. IfContractor or any subcontractor failsto provide and maintain insurance as required herein,then Cityshall have 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.

H. 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 thisContract, 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 not the duty) to monitor the handling of any such claim or claims ifthey are likelyto involveCity.

Coveraqe not Limited. All insurance coverage and limitsprovided by Contractor and available or applicable to this Contract are intended to apply to the fullextent of the policies.Nothing contained in this Contract or any other agreement relatingto City or itsoperations limits the applicationof such insurance coverage.

Coveraqe Renewal. Contractor willrenew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policiesof insurance required herein expiringduring the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted priorto expiration.A coverage binder or letterfrom Contractor’s insurance 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.

PacificTowing LLC DBA TOWBOATUS Newport Beach Page C-5

EXHIBIT D
Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-25), Grant No. C25S0606
Page D-1PacificTowing LLC DBA TOWBOATUS Newport Beach
state of California- Natural Resources 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 30.2027
The Grantee agrees to the terms and conditionsof thisagreement, hereinafterreferredto as Agreement,and theStateofCalifornia,actingthroughitsDirectorof the Department of Parks and Recreation,and pursuantto the Stateof Californiaagrees to fund the totalStategrantamount indicatedbelow and in ExhibitF 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”.

GRANT TERM:

Agency: DepartmentofParksand Recreation
Divisionof Boating and Waterways
ATTN: Gina Disney
Grantee: CityofNewport Beach
Address; 4940 Lang Ave.,Dock H.

Administration,Floor 12
McClellan. CA
Address: 100 Civic Center Drive,
Newport Beach. CA 92627
i52
Authorized Signature:Authorized Signature:

Keren DillPrinted Name:Printed Name:

StaffSenrices Manager 11Tide:Title of Authorized
Representative:

Date:l\/6/;o>5 Date:

APPROVED AS TO FORM:

CITY ATTORNEYS OFFICE
Date;
A
ityfetoiBy:

Aaron OL Harp, C mey
\D T v*’AC
ContractItC2SSa606, CityofNawport Beach,SurrenOeradand AtiandonedVesselExchange (SAVE) RscalYear 2025/2026,Date:09/18/2025Page: 1 of46

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

AMENDMENT NO SUPPLIER ID
0000035109

AGREEMENT NO
C25S0606

AGENCY BILLING CODE NO
053709

FUND DESCRIPTION
Surrenderedand Abandoned Vessel Exchange (SAVE-25)
AMOUNT

ENCUMBERED BY

THIS DOCUMENT
$100,000.00

FISCAL YEAR
2025/26

STATUTECHAPTERREPORTING

STRUCTURE
37900709
Approp. Ref.Fund
3790-101-0577 202504

ALTACCOUNT
5432000000

ACCOUNT
5432000

ACTIVITY CODE
69996

BUSINESS UNIT PROGRAM
28550233790
»
Contract«C25SQ606. CKy ofNewport Beacti.Surrenderedand Abandoned Vessel Exchange (SAVE) Rscal Year 2025/2026.Dale:09/18/2025Page: 2 of46

STATE OF CALIFORNIA
DepartmentofParksand Recreation,DivisionofBoatingand 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 performedinthejurisdictionof;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] Conlracl# C25SCI606.CityofNewpon Baach, Surranderadand Abandoned Vassal Exchange (SAVE) FiscalYear 2025/2026,Dale;09/1B/2025Page: 3 of 46 INDEX

PAGEDESCRIPTION

EXHIBITS GRANT TERMS AND CONDITIONS
6PURPOSE OF THE PROGRAM1.
7RIGHT OF INSPECTION2.
7ANNUAL MEETING3.
7TIMELINES4.
7HAZARDOUS MATERIALS5.
7TITLES AND LIENS6,
7GRANTEE CITATIONS - ABANDONED VESSELS7.

78. MEDIA
8MEDIA MATERIALS RELEASE9.
8PERMITS AND DOCUMENTATION10.
9SECURING OF BIDS11.
9CONTRACTS WITH SERVICE PROVIDERS12.
9SUBCONTRACTORS13. (
9TRAFFIC CONTROL AND TRAFFIC SAFETY14.
9AIR OR WATER POLLUTION VIOLATION15.
9ENTIRE AGREEMENT16.
9APPROVAL OF AGREEMENT AND AMENDMENTS17.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

REQUIREMENT
1018.
10AUTHORITY TO CONTRACT19.
10COMPLIANCE WITH LAW AND REGULATIONS20.
10INDEPENDENT CONTRACTOR21.
10INSURANCE REQUIREMENTS22.
13TERMINATION23.
13ASSIGNMENT24.
13MATCHING 10% REQUIREMENT25.
14BUDGET DETAIL AND PAYMENT PROVISIONS26.
16BUDGET CONTINGENCY CLAUSE27.
16INDEMNIFICATION28.
17FUNDS ASSIST29.
1890-DAY RETURN OF GRANT DOCUMENTS TO DBW30.

Cortract# C25S0606, Cityof Newport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2023Page: 4 of46 1831. ANTI-CORRUPTION

32. AQUATIC INVASIVE SPECIES 18
19GENERAL TERMS AND CONDITIONSEXHIBIT C
23GRANTEE CERTIFICATION CLAUSESEXHIBIT D
27DARFUR CONTRACTING ACTEXHIBIT E
ContractItC25SC1606,Cityof Newport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 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 describedin HNC 522 (below)within Grantee's jurisdictionas listedinExhibitA.
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 corporatelimitsof any municipalcorporationor other publiccorporationor entityhavingjurisdictionorcontrol 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 followingconditions:

The publicagency has determined,initssolediscretion,that the vesselisindanger ofbeing abandoned, and thereforehas a
likelihoodof causing environmentaldegradationor becoming a hazard to navigation.

The decisionto accept a vesselisbased solelyon the potentialof the vesselto likelybe abandoned and cause environmental degradationor become a hazard tonavigation."
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 that registrationor documentation may have lapsed.

IfGrantee is reimbursed for the costs related to the surrender, abatement, removal, storage,and/or disposalof an eligiblewater hazard by the registeredor legalowner or other person 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 listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency's need forfunding,not an approval thatthe individual (a)
(b)
(3)
b.
c.
d.

Contract# C2SS06O6, CityofNawpoit Beach, Sutranderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2a25f2026. Data: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 during the term of thisagreement.

TIMELINESS
Granteeagreestocompletethescope ofwork submittedinitsapplicationina timelyfashion.

HAZARDOUS MATERIALS
Grantee shallbe responsiblefor 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 responsible for the 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 performance of thisAgreement. Grantee (inconjunctionwith locallaw enforcement) shallconduct a titlesearch forallvessels presumed to be abandoned, as provided by Harbors and NavigationCode section526.

3. 4.

5. 6.
a.

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" b.

Grantee shallcomply with allDepartment of Motor Vehiclesnotificationrequirements relatedto the disposalof vessels and trailers.

GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall,in accordance with HNC 525(a-c), issue the lastregisteredvessel owner a citationforabandoning a vessel and impose a fineof not less than $1,000 nor more than $3,000 forviolationof thissection.And shallseek every legallyavailablemethod to have them pay forthe removal and disposaloftheirabandoned vessel.

MEDIA
Grantee agrees to acknowledge DBW's financialsupport whenever work funded by this Agreement ispublicizedinany news media, brochures,or other type of promotional material. c.

7. 8.

Contract# C25S0606, CityofNewport Beach. Surrenderedand Abandoned Vesael Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page; 7 Of 46 MEDIA MATERIALS RELEASE9.

Grantee agrees to irrevocablygrantto CaliforniaState Parks, Divisionof 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 display the photographs, motion pictures,captioninformation,and/or writtenquotes (hereinafterreferredto collectively as “Photographs”),thatthe Grantee has submitted to DBW for art,editorial,advertising, marketing, trade,broadcast, print,educational programs, or any other lawful purpose whatsoever, in any and allmedia. In connection with the foregoing license,the Grantee agrees not touse,reproduce,adapt,or displaythePhotographs, or allowothersto do so,in a manner thattends to subjectDBW or itsAbandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/orSurrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule,disparagement,mockery, satire,or thatcould tarnish theimage oftheDBW’s AWAF, VTIP,and/orSAVE programs.Grantee hereby releases and discharges DBW from any and allclaims and demands arisingout of or In connection with the use of the Photographs, includingwithout limitations,any and allclaims for libel, defamation,invasionof privacy,and/or publicityrights.DBW assumes no responsibilityfor lostor damaged Photographs or forthe use of same. DBW may sell,assign, license,or transferallrightsgranted to ithereunder.

Grantee also grantsDBW and itslicenseesthe unrestrictedrightto use and disclose its name inconnection with use of the Photographs. The Grantee understands that itwill not be paid forany use or rightgranted herein.

Grantee understands and agrees thatthe Photographs may be used in whole or in part,at any time.The licensegrantedhereinto DBW includesthe rightand permissionto conduct or have conducted such alterationsto the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to Indemnify and hold DBW harmless from any liabilityby virtueofany blurring,distortion,alteration,opticalillusionor use incomposite form, 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, advertisingor othercopy thatmay be used inconnection therewithor the use to which itmay be applied.

Grantee declares and avows thatthe Photographs itissubmittingto DBW are itsown original work in allrespects.Grantee isthe sole and exclusive owner of the Photographs; they are free,clear,and unencumbered. No partof them istaken from or based on any other work; no part infringesthe copyrightor any other rightof 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 indemnify and hold DBW harmless from and against any and allloss, damage, costs, charges, legal fees, 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 inthe Photographs. Grantee also agrees to indemnify and hold DBW harmless forany such amounts arisingfrom itsbreach of any covenant, representation, or warranty of thisagreement.

PERMITS AND DOCUMENTATION
Priorto the removal of any abandoned vessel,eligiblewater hazard, or surrendered vessel.

10. CortraotttC25S0806, CityofNewport Beach, Surrenderedand Abandoned VessetExchange (SAVE) Rscal Year 2025/2026,Date;09/18/2025 Page: 8 Of 46 Grantee shallobtainallnecessary permits,authorizations,and documentation necessitated by any applicableprovisionoflaw.

SECURING OF BIDS
Grantee shallcomply withany applicablelaws and regulationsgoverning the competitive biddingprocesswhen awardingsubcontractsunderthisAgreement. Grantee,upon request, must make availableto 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 agreements withserviceproviderswho are performingwork funded by thisSAVE grant.

SUBCONTRACTORS
Grantee agrees thatitshallguarantee and 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,thatGrantee itselfcarriesgeneralcommercialliabilityInsurance 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,grantee shallprovideDBW witha certificateof insurance from any contractor(s)and subcontractor(s).Grantee’s agreement number (C22SXXXX) must appear on the certificateof insurance.

TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shallprovide for adequate trafficcontroland safety measures at any sitewhere Grantee and itssubcontractors willperform any work under thisAgreement.

AIR OR WATER POLLUTION VIOLATION
Grantee warrants thatitisnot (1)inviolationofany order or resolutionnot subjectto review promulgated by the StateAirResources Board or an airpollutioncontroldistrict;(2)subject to any cease and desistordernot subjectto 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

11. 12.

13. 14.

15. 16.

17. This Agreement and any variationtheretoisof no forceor effectuntilsigned by both parties and approved by the Department of General Services, ifrequired.Commencement of performance priorto approval of thisAgreement willbe at the Grantee’s own risk.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT18.

There are no Disabled Veteran Business Enterprise participationrequirements with this Contract# C25S0606. CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date;09/18/2025 Page: 9 of 46 agreement.

AUTHORITY TO CONTRACT19.

Grantee must provideDBW withevidenceof itsauthorityto enter into this Agreement.

Granteemay providea delegationofcontractingauthorityfrom itslocalgoverning body that by lawhas authoritytocontract.Alternatively,GranteeshallprovideDBW witha resolution, order,motion,or ordinanceof itslocalgoverningbody thatby law has authorityto contract, authorizingexecutionof thisAgreement.

20. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and itssubcontractor(s)shallcomply withallapplicablelaws and regulationsof the State of Californiafor allwork to be performed under thisAgreement. By signing this Agreement, Grantee certifiesitscomplianceand the compliance of alisubcontractorswith; (a)applicableprovisionsoftheCaliforniaEnvironmentalQualityAct; (b)Nondiscrimination Program requirementsofGovernment Code section12990 (a-f)and Title2,CaliforniaCode ofRegulations,section8103 (andsection8113 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 regulationsissuedpursuantto42 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 agentsofthe StateofCalifornia.

22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /ordisposal of vessels under this Agreement 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)
Policycancellationor termination& 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, inadditionto any 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.
(4) Primary clause
Contract# C25S0606, Cityof NeswportBeach. Surrendered and Abandoned Vessat Exchange (SAVE) iFscalYear 2025(2026,Dale:09/18/2025Page: 10 of46 Any requiredinsurancecontainedinthisAgreement shallbe primary, and not excess or contributory,to any otherinsurancecarriedby the State.

Insurance carrierrequiredrating(5)
Allinsurancecompanies must carrya ratingacceptableto ORIM. If the Grantee is self-insuredfor a portion or aliof itsinsurance, review of financialinformationincludinga letterof creditmay be requiredby DBW or ORIM.

Endorsements(6)
Any requiredendorsements requestedby the DBW must be physically attachedto allrequestedcertificatesof insuranceand not substituted by referringto such coverage on the certificateof insurance. (7) Inadequate Insurance
Inadequateor lackofinsurancedoes notnegatetheGrantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilizationof subcontractors to complete the contracted scope of work. Grantee shallinclude allsubcontractors as insured’sunder Grantee’s insurance or supply evidence of subcontractor's insurance to the State when requested equal to policies,coverages, and limitsrequired of Grantee.

INSURANCE REQUIREMENTSb.

Commercial General Liability(1)
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 insuranceshallapply 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 suppliedunder form acceptableto 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. (2) Automobile Liability
The Grantee shallmaintain motor vehicle liabilitywith limits not less than $1,000,000 combined singlelimitper accident.Such insurance shall cover Contract# C25S0606. CityofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2025Page: 11 of46 liabilityarisingoutof 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 liabilityarisingoutofthemaintenanceand use ofany watercraft (owned,hiredor non-owned).The policymust include;
"The Stateof California,itsofficers,agents,employees and servants as additionalinsureds,but only with respect to work performed that is connected withor relatedto the activitiescontemplated inthisAgreement." Thisendorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.
cover
WorkersCompensationand EmployersLiability
The Grantee shall maintain statutoryworker's compensation and employer'sliabilitycoverageforallitsemployees who willbe engaged in theperformanceoftheAgreement.Employer'sliabilitylimitsof $1,000,000 are required.The insurerwaivesany rightofrecoverythe insurermay have againsttheStatebecause ofpayments theinsurermakes for injuryor damage arisingoutof the work done under agreement with the State. A Waiver ofSubrogationor Rightto Recover endorsement in favor of the State must be attached to certificate.

Ifapplicable.GranteeshallprovidecoverageforallItsemployees for any injuriesorclaimsunder theU.S.Longshoremen’sand Harbor Workers’ Compensation Act,the Jones Act or under laws,regulations,or statutes applicableto maritimeemployees. By signingthisagreement, Grantee acknowledges compliance with these 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 State of California,itsofficers,agents, employees and servants as additional insureds,butonlywithrespecttowork performed under the agreement." Thisendorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.

Coverage shallbe providedforbothwork performedon siteand during transportation as wellas properdisposalofhazardous materials.

SELF INSURANCE
Ifthe Grantee isself-insuredfor a portionor allof itsinsurance, the Grantee shall provideevidenceofself-insurancewhen requestedby DBW. Review of financial informationincludinga letterof creditmay be required.The DBW reserves the right to request financialinformation.
(4)
c.
d.

Coriract# C25S0606. Cityof Newport Beach, Surrenderedand Abandoned VesselEsctiange(SAVE) RscalYear 2025/2026,Dale;09/18/2025Page: 12 Of 46 STATEMENT OF INSURANCE COVERAGE:e.

Grantee certifiesand agrees thatthey have allrequiredinsurance coverages as stated in the grant agreement, which willbe in effectfor the entire term of the agreement.

Date:Approverinitials: iL
Name
Title:
: (Jrv‘^402.

23. TERMINATION
DBW may terminatethisAgreement forany 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 otherremedies itmay have, terminate thisagreement upon two days' writtennotice.

DBW may, by two-day writtennoticeto Grantee and withoutany prejudiceto itsother remedies, terminatethisagreement because of failureof Grantee to fulfillany of the requirements of thisagreement.

Upon receiptof any noticeterminatingthisAgreement. Grantee shallimmediately discontinue allremoval and disposal activitiesaffected,unless the notice directs otherwise. In such event, DBW shallpay Grantee only for removal and disposal activitiescompleted priorto the termination date.
b.
c.
d.

ASSIGNMENT24.

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/orin-kindcontributionsfrom agency'spersonnel hours (nethourlyrate 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)
Conlract# C2SS0606, C4y ofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2025Page: 13 of46 DescriptionofSAVE program serviceprovided
Number of hours providedby each person (may not exceed more than 8 hours per person per day.)
Hourlyrateand totalvalue
The burden of proofincomplying w/iththe 10-percentcontributionrequirement isthe responsibilityof the grantee.Funds willnot be disburseduntilthe grantee has providedDBW withacceptabledocumentationthatitcomplied with the 10-percent contributionrequirement foreach disbursement.

BUDGET DETAIL AND PAYMENT PROVISIONS
Covered Expenses and Reimbursement Claims Processes
Rates charged by the Grantee's serviceproviders,contractors,or subcontractorsshallbe pre-negotiatedwiththe Grantee and documented inwriting.DBW willreimbursethe foliowingcontract-negotiatedrate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels:

Raisingof submerged vesselsfrom shallowwaters.Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feetatlow 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)removaland disposal
Towing
Storage
(4)
(5)
(6)
d.
26 a.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
Without liensale:60 days maximum
With liensale:90 days maximum withjustification
IfstoredonsiteatGrantee’sfacility.100% ofthe normal rate ofcharge tothepublicmay be used tosatisfythe 10% in
kind match requirement,and fee schedule isrequiredfor
verification.

I.
iii.

Lien sale expenses: fees charged by liensale servicecompanies, postage, DMV fees, and advertisingcosts
Public noticeadvertising
Vessel appraisal
Salvage and demolition
Rates charged by the Grantee’s service providers,contractors,or subcontractorsshallbe pre-negotlatedwith 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)
G)
(2)
Contract# C25S0606. Cityof Newport Beach. Surrendered and Abandoned VesselExchange (SAVE) iFscalYear 2025/2026.Date:09/18/2025Page; 14 of46 (a) Vesseland/orhazardousmaterialremovaland disposal
(b) One tow todestructionsite
(c) Demolition
(d) Raisingofsubmerged surrenderedvesselsmay onlybe reimbursed with DBW’s advanced writtenapproval
Other expenses may be consideredwithadvance 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 availablein 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 theservicewas 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 Accounting ClearingHouse (ACH) or Electronictransfer showing date,amount and transactionconfirmationnumber.
10% In-kind match contribution statement:
(a) IfGrantee ismatching the 10% requirementwithIn-kind services, complete the DPR265 Itemized10% In-kindContributionStatement located in OLGA or availableupon 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)
Contract# C25S0606. CityofNewport Beach, Surrerxieredand AbartdonftdVesselExchange (SAVE) RscalYear 2025/2026,Date:09/18/2025Page: 15 of46 entiretyand signed by the vesselowner(s) and the SAVE agency representativeThis form can be downloaded from OLGA.

One proofofvesselownershipmust be provided.Thiscan be a copy of the CertificationofOwnership (title/pinksliporCoast Guard document) signed by theowner, DMV registrationform,ora DMV issuedjunk slip.Power of Attorneyor DMV issuedmarinaliendocuments showing the marina has legalinterestare alsoacceptable.Keep the originalsand provide DBW with copies.

The Grantee must obtaina signed DBW Release of Interestform from ail 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 legalclaimtothe vessel,includingthose owing penaltiesor back taxes.

NOTE: Vessel ownershipverificationisrequired;however,itisnot required thatboat owners bringtheirregistrationup to date to surrender their vessel throughthe 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, Fioor12
Sacramento, CA 94296
Attention: SAVE Unit
Email:[email protected]
Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shallresultinforfeitureof allfunds provided under thisagreement.

Reimbursement requestsand statusupdates shallbe submitted at leastquarterly,but not more frequentlythan monthly.Ifno reimbursablework has been completed, the Grantee shallsubmit a statusupdate inlieuof a reimbursement request.

Allfinalrequests forpayment must be submitted to DBW no laterthan forty-five(45) days afterthe expirationdate ofthe agreement. DBW willnot reimburse request(s) received afterNovember 14, 2027.

BUDGET CONTINGENCY CLAUSE
Itismutuallyagreed thatifthe Budget Act of the currentyear and/or any subsequent yearscovered under thisAgreement does notappropriatesufficient funds for the program, thisAgreement shallbe of no 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 eithercancel this Agreement with no liabilityoccurringto DBW or to offeran agreement amendment to Grantee to reflect (6)
c.
d.
e.
f.

27. a.
b.

Contract# C2SS0606, CityofNewportBaach,Surrenderedand Abandoned VesselExchange (SAVE) RscalYear 2025/2026,Oate:09/18/2025Page: 16 Of 46 the reduced amount.

28. INDEMNIFICATION
DPR shallnot be answerable or accountable in any manner for,any loss or expense by reason
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 isconcurrent passive negligence on the partofDPR, itsagents,officers,and/oremployees.

FUNDS ASSIST
The Funds Assistprocess enables granteeswithunused funds to assistother participating SAVE agenciesinneed. For up tosix(6)months priorto the expirationdate of the grant.

Funds Assistant is voluntary. Thereafter, at DBW’s discretion,participationshall be mandatory forgranteeswithanticipatedremainingbalances.Failure to participateshall negativelyaffectgrantee’sscoreon futuregrantapplicationsfora periodof up to three (3) years.
ofany damage orinjurytopersonor propertyarisingout of or relatedin any way to

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 grant amendments to reduce or add funds to grantees as appropriate.

Grantee shall execute amendments in a timely manner,
b. Ifgrant amendments are not possible,DBW may requirecollaboration and reimbursement between agencies. Specificsforthisprocess willbe discussed with participatingagencies when needed.

30. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issuedtothe awarded agency must be completed and returnedwithin90 days ofthedate of issuanceaccordingto 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.

31. ANTI-CORRUPTION
Grantees are requiredto reportto DBW any written,suggested,or verballyimpliedcases whereby a contractor,subcontractoror otherserviceproviderincreasestheirfee(s)due tothe existence or balance of a SAVE grant in order to increase theirfee(s).Such serviceproviders may be investigatedforpricegouging.IfInvestigated,a two-yearhistoryofcharges appliedto work of allknown SAVE grant work by that contractorwillbe requiredby DBW forreview. a.

32. AQUATIVE INVASIVE SPECIES
Grantees are requiredto ensure thatthey and alltheirsub-contractors take allnecessary precautionsto preventthespreadofaquaticinvasivespecieswhen removing and transporting Contract# C25S0606, CityorNewportBeach,Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page; 17 of 46 vessels and other marine debris.At minimum, precautions willincludedrainingallwater and ensuringthatmaterialisdry priortotransportingfrom the water to a land-based location.

Guidelines for preventingthe spread of aquatic invasivespecies can be found at:
dbw.parks.ca.gov/mussels.

Contract# C25S06O6, CityofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 18 of46

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL:

ThisAgreement isofno forceoreffectuntilsignedby bothpartiesand approved by 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 is of 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 thepartiesandapprovedas 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 rightto 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.Granteeagreestoallowtheaudltor(s)access to such recordsduringnormal businesshoursand toallowinterviewsofany employeeswho mightreasonablyhave informationrelatedtosuch records.Further.Granteeagreestoincludea similarrightofthe Statetoauditrecordsandinterviewstaffinanysubcontractrelatedto performance of this Agreement.(Gov.Code §8546.7,Pub.ContractCode §10115etseq., CCR Title2 Section 1896).

INDEMNIFICATION:

Granteeagreestoindemnify,defendand save harmlesstheState,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,andfromanyand allclaimsandlossesaccruingorresulting 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 shouid the GranteefailtoperformtherequirementsofthisAgreementat the time and in the ContractU C25S0606.aty ofNewportBeach,Surrenderedand AbandonedVesselExchange(SAVE)FiscalYear2025/2026,Date: 09118/2025

2. 3.

4. 5.

6. or

7. 8.
manner
Page: 19 of 46
hereinprovided.Inthe eventof such terminationtheStatemay proceed withthework inany manner deemed proper by the State.Allcoststo 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 regardlessof whether the productmeets the requirementsof PublicContractCode Section 12209. With respect to printeror duplicationcartridgesthatcomply withthe requirementsofSection 12156(e),the certificationrequiredby thissubdivisionshallspecifythatthe cartridgesso comply (Pub.

Contract Code §12205).

NON-DISCRIMINATION CLAUSE:

During the performance of thisAgreement, Grantee and its subcontractors shall not unlawfullydiscriminate,harass,or allowharassment againstany employee or applicantfor employment because ofsex,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 reasonablenoticeat any time during the 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.) Grantee shallinclude the nondiscrimination and compliance provisions of thisclause in all subcontractsto perform work under the Agreement.

9. 10.

11. CERTIFICATION CLAUSES:

The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporatedby referenceand made a partof thisAgreement by thisreferenceas if attached hereto.

12. TIMELINESS:

Time isof the essence inthisAgreement.

13. COMPENSATION:

The considerationto be paid Grantee, as provided herein,shallbe in compensation forallof Grantee's expenses incurredinthe performance hereof,as outlined in Exhibit B, item #24, Contract# C25S0606. CityofNawport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Data:09/18/2025 Page: 20 of 46

14. GOVERNING LAW;
ThisAgreement isgovernedby and shallbe interpretedin accordance with the laws of the State of California.

15. ANTITRUST CLAIMS:

The Granteeby signingthisagreement herebycertifiesthatifthese servicesor goods are obtained by means of a competitivebid,the Grantee shallcomply withthe 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,ormaterialsby theStateorany ofitspoliticalsubdivisions orpublicagencieson whose behalftheAttorneyGeneralmay bring actionpursuantto subdivision(c)of
Section 16750 of the Business and ProfessionsCode.
"Publicpurchasing body" means the Stateor the subdivisionor agency making a publicpurchase. Government Code Section 4550.

Insubmittinga bidtoa publicpurchasingbody,thebidderoffersand agrees thatif thebidisaccepted,itwillassigntothepurchasingbody allrights,title,and interestin and toallcauses ofactionitmay have under Section4 ofthe ClaytonAct (15 U.S.C.

Sec.15)orundertheCartwrightAct(Chapter2 (commencingwithSection16700) of Part 2 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 to the bidder.Government Code Section 4552.

Ifan awardingbody orpublicpurchasingbody receives,eitherthroughjudgment or settlement,a monetary recovery fora cause of actionassigned under thischapter, the assignorshallbe entitledto receivereimbursement foractuallegalcosts incurred and may, upon demand, recoverfromthepublicbody any portionof the recovery, includingtrebledamages,attributabletooverchargesthatwere paidby theassignor butwere notpaid by the publicbody as partofthe bid price,less the expenses incurredinobtainingthatportionoftherecovery.Government Code Section 4553.

Upon demand inwritingby theassignor,theassigneeshall,withinone year from such demand, reassignthecause ofactionassignedunder thispartIfthe assignor has been ormay have been injuredby theviolationof law for which the cause of actionaroseand (a)theassigneehas notbeen injuredthereby,or (b)the assignee declinesto filea courtactionforthe cause of action.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 relatingto childand family supportenforcement,including,but not limitedto,disclosure of information and a.
(1)
an
(2)
b.
c.
d.

16. a.

Conlract# C25S060e, CityofNewportBeach,Surrenderedand AbandonedVesselExchange(SAVE)FiscalYear2025/2026,Dale:09/18/2025Page: 21 Of46 compliancewithearningsassignmentorders,as providedinChapter 8 (commencing withsection5200) of Part5 of Division9 ofthe FamilyCode; and b. The Grantee, to the best of itsknowledge is fullycomplying with the earnings assignmentordersofallemployees and isprovidingthe names of allnew employees to the New HireRegistrymaintainedby 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 thatallotherprovisionsof thisAgreement have force and effectand shallnot be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS:

IfthisAgreement includesservicesinexcessof$200,000,the Grantee shallgive priority considerationinfillingvacanciesinpositionsfundedby 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,then Grantee 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 specifiedelsewhereinthisAgreement) 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 tothe DVBE; and (5)the actual percentageof DVBE participationthatwas achieved. A person or entity that knowingly providesfalseinformationshallbe 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).)
Conlracl# C25S0606. Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2025Page: 22 of46

EXHIBIT D

GRANTEE CERTIFICATION CLAUSES
I,the officialnamed below. CERTIFY UNDER PENALTY OF PERJURY thatIam dulyauthorizedto legallybind the prospectiveGrantee tothe clause(s)listed below. This certificationis made under the laws of the State of California.

Grantee Agency Name (Printed) Federal ID Number
Cityof Newport Beach 95-6000751
By (AuthorizedSignature)
PrintedName and Titleof Person Signing
Date Executed Executed inthe County of
Orange

GRANTEE CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE:

Grantee has, unless exempted, complied withthe nondiscrimination program requirements. (Gov. Code §12990 (a-f)and CCR, Title2, Section 11102) (Not applicableto publicentities.) DRUG-FREE WORKPLACE REQUIREMENTS:2.

Grantee willcomply withthe requirementsofthe Drug-FreeWorkplace Act of 1990 and will providea drug-freeworkplaceby takingthe followingactions:

Publish a statement notifyingemployees that unlawfulmanufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

Establisha Drug-Free Awareness Program to informemployees about:
the dangers ofdrug abuse inthe workplace;
the person'sor organization'spolicyofmaintaininga drug-freeworkplace; any availablecounseling,rehabilitationand employee assistanceprograms; and,
penaltiesthatmay be imposed upon employees fordrug abuse violations.

Every employee who works on theproposedAgreement will:
receivea copy of the company's drug-freeworkplace policystatement; and, agree toabide by the terms ofthe 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 falsecertification,or violatedthe certificationby failingto carryout the requirementsas noted above. (Gov. Code §8350 et seq.) a.
b.
(1)
(2)
(3)
(4)
c.
(1)
(2)
Contract # C2SSQ606, CJy of 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)finalunappealablefindingof contempt of courtby a Federalcourthas been issuedagainstGrantee withinthe immediately preceding two-year periodbecause ofGrantee'sfailuretocomply withan order of a Federal court, which orders Grantee tocomply withan orderoftheNationalLabor RelationsBoard. {Pub. ContractCode §10296) (Notapplicabletopublicentities.)
CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:4.

Grantee hereby certifiesthatGrantee willcomply withthe requirements of Section 6072 of the Business and ProfessionsCode, effectiveJanuary 1. 2003.

Grantee agrees to make a good faitheffortto providea minimum number of hours of pro bono legalservicesduringeach year oftheagreement equaltothe lessorof30 multipliedby the number of fulltime attorneysin the firm'sofficesin the State,with the number of hours proratedon an actualday basisforany contractperiodof less than 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 taken Intoaccount when determining the award of future contracts/agreements with the State for legalservices.

EXPATRIATE CORPORATIONS:

Grantee hereby declaresthatitisnot an expatriatecorporationor subsidiaryofan expatriate corporationwithinthe meaning of PublicContractCode Section 10286 and 10286.1, and is eligibleto contractwiththe Stateof California.

SWEATFREE CODE OF CONDUCT:

AllGrantees contractingforthe procurement or launderingof apparel, garments or correspondingaccessories,or the procurementof equipment,materials,or supplies, otherthan procurement relatedto a publicworks contract,declare under penalty of perjurythat no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been launderedor produced inwhole or inpartby sweatshop labor, forced labor, convict labor,indentured labor under penal sanction, abusive forms of child labor or exploitationof childrenin sweatshop labor,or with the benefitof sweatshop labor, forced labor,convict labor.Indentured labor under penal sanction,abusive forms of child labor or exploitationof children in sweatshop labor. The Grantee further declares under penaltyof perjurythatthey adhere to the Sweatfree Code of Conduct as set forthon the CaliforniaDepartment of IndustrialRelations website located at www.dir.ca.gov,and PublicContractCode Section6108.

The Grantee agrees to cooperate fullyin providing reasonable access to the Grantee's records, documents, agents or employees, or premises ifreasonably required by authorized officialsof the contracting agency, the Department of IndustrialRelations,or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).

5. 6.
a.
b.

Contract# C25S0606. CityofNewport Beach, Surrendanedaix)Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Data:09/18/2025 Page: 24 of 46 DOMESTIC PARTNERS:7.

For contracts over $100,000 executed or amended afterJanuary 1, 2007, the Grantee certifiesthat Grantee is in compliance with Public Contract Code section 10295.3.

GENDER IDENTITY:8.

For contracts of $100,000 or more, GRANTEE certifiesthat GRANTEE isin compliance with Public Contract Code section 10295.35.

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 renderingservicesor involved with the Agreement, the awarding agency must be contacted immediately for clarification.

1. CurrentState Employees (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, unlessthe employment, activityor enterpriseisrequiredas 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 thetwo-yearperiodfrom thedate he orshe leftstateemployment, no former stateofficer or employee may enterintoa contractinwhich he or she engaged inany of the negotiations, transactions,planning,arrangements or any partofthe decision-making process relevantto the contractwhile employed in any capacity by 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 his or 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 otherthan payment of each meeting of the board or commission, payment for preparatorytime and payment forper diem. (PCC 10430 (e)) LABOR CODE/WORKERS’ COMPENSATION:

Grantee needs to be aware of the provisionswhich requireevery employer to be insured againstliabilityforWorker’sCompensation ortoundertakeself-insurance in accordance with the provisions,and Grantee affirmsto comply withsuch provisionsbefore commencing the performance of the work of thisAgreement. (Labor Code Section 3700)

2. Contract# C2SS0606. Cityo(Newport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026. Data:09/18/2025Page: 25 Of46 AMERICANS WITH DISABILITIES ACT:3.

Grantee assures the State thatitcomplies withthe 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 isrequiredto change the Grantee'sname as listedon thisAgreement. Upon receiptoflegaldocumentationofthename 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"isdefinedin R&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 Office of the Secretary of State.
a.
b.
c.

6. RESOLUTION:

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:7.

Under the State laws,the Grantee shallnot be: (1)in violationof any order or resolutionnot subjectto reviewpromulgatedby the StateAirResources Board or an airpollutioncontrol district;(2)subjecttocease and desistordernotsubjecttoreview issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions;or (3)finallydeterminedto be inviolationof provisionsof federallaw relatingto airor water pollution.

PAYEE DATA RECORD FORM STD. 204:

This form must be completed by allGrantees thatare not another state agency or other governmental entity.

8. Contract# C25S0606. CityofNewport Beach, SurrentJeredand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page: 26 of46

EXHIBIT E - DARFUR CONTRACTING ACT
Ifyour agency 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 Serviceswebsite.

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 preclude State agencies generallyfrom contractingwith "scrutinized"companies thatdo businessinthe Africannation of Sudan (ofwhich the Darfur region is a part),forthereasonsdescribedinPublicContractCode section 10475.

A scrutinizedcompany isa 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 contractwitha Stateagency forgoods or services.(PublicContractCode section10477(a)).

Therefore, Public Contract Code section 10478 (a)requiresa company thatcurrentlyhas (orwithin the previousthreeyearshas had) businessactivitiesor otheroperationsoutsideofthe UnitedStates 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 satisfy the Act’s certificationrequirements of bidders and proposers.

Contract# C25S0606. Cityof Newport Beach, Surrendered and Abandoned VesselExchar>ge(SAVE) FiscalYear 2025/2026.Date;09/16/2025Page; 27 of46

EXHIBIT E - DARFUR CONTRACTING ACT

SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company thatcurrentlyor withinthe previousthreeyearshas had businessactivitiesorotheroperationsoutsideof the United States.

For such a company tobidon orsubmita proposalfora State of Californiacontract,the company must certifythatitiseithera)nota scrutinizedcompany; orb)a scrutinizedcompany thathas been grantedpermissionby theDepartmentofGeneralServicesto submit a proposal.

Ifyour company has not,withinthe previousthreeyears,had any business activitiesor other operationsoutsideof the UnitedStates,you do r^ 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 FederalID Number and completethecertification 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 dulyauthorizedtolegallybindtheprospectiveproposer/biddernamed below.Thiscertificationis made under the laws of the State of California.

Federal ID Number
95-6000751
CompanyA/endor Name (Printed)
CityofNewport 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 contractwitha stateagency forgoods or services,ifitisin the best interestsof the state.Ifyou are a scrutinizedcompany thathas 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 writtenpermissionfrom 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# C25S0606. Cityof Newport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Data;09/18/2025Page: 28 of 46 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.

Federal ID Number
Agency Type
a City
r FederallyorStateRecognizedNativeAmerican Tribe
f.
g-
r County
r District
Goals and Objectives
Based on an agency'sapplication,DBW willprioritizefundingaccordingtoagenciesdemonstratingthegreatest need, costeffectivemethods, and preventionstrategies.Additionally,pointsare awarded foragenciesthatwork withtheirlocalprivatemarinaowners 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
(7 Yes r Nob.
c.

Sep-30-2027
$110,000.00
End Date
ProjectCost
Oct-01-2025
$100,000.00
d
e.

BillingAddress3.

IfbillingaddressIsdifferentthanApplicantand/orContact,please provide BillingAgency
Name:
a.

Address:

State: Zip:City:

Phone:

Contract# C25S0606. Cityof Newport Beach, Surrenderedand Abandoned VesselExchange (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
b. ProjectAdministrator
Name
Title
MailingAddress
Cynthia Shintaku
Administrative Liaison
1600 W Balboa Blvd
Newport Beach
(949)270-8159
[email protected]
State CA Zip 92663City
FaxTelephone
E-mail Address
Conifact# C25S0606. Dty of Newport Beacrt,Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page; 30 of46

1. Minimum Qualifications
Does youragencyhavean enforcementprogramtoaddressabandoned boats? (? Yes r No1.

Harbor Code Enforcement officersare out on the water daily.Theirduties includemonitoringNewport Harbor as a whole, includingprivateslipsand anchorage areas.Our Harbor Departmentstaffcoordinatewith the Harbor Code Enforcement officersto identifyvesselsthatmay be a potentialor existingproblem intheharbor.Thorough educationand information is providedtovesselowners topromptlybang vesselsintocompliance or utilizetheVessel Turn InProgram (VTIP). Owners may be issued a "NoticeofViolation,"ifthey failtobringvessels intocompliance within a specifiedtimeframe.Vesselsthatareabandoned or have no identifiable owners are processedfortheAbandoned AWE. Vesselcondition,safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds fordestruction. Vessels at risk of sinkingorrepresentotherhazardousconditionsareplaced inprioritystatus forthe VTIP program.

IfYes, describe
45961 0 612 17.70
bnrorceffrent.^gtAttachordinance,resolution,or municipalcode authorizingyour agency's involvementand itsjurisdictionforpreventionand removal of abandoned vessels and acceptingsurrendered vessels.

Has your agency been outofcompliancewiththetermsofany otherDepartment of r Yes (* No Parks and Recreationcontractor grantagreements withinthe past 3 years?

2. 3.

Contrac*#C25S0606. Cityof NBwpoft Beach, Suirandensd and Abandoned Vessel Exchange (SAVE) Focal Year2025/2026. Data:09/18/2025Page: 31 of46 1, California State Senate Districts
Selectone or more ofthe CaliforniaState Senate Districtswhere theproposedprojectactivitieswilloccur. Copy and PastetheURL (http://www,legislature.ca.gov/legislators_and_districts/districts/districts.html)inyour browser to determine the State Senate district(s).

State Senate 02
r”StateSenate07
State Senate 12
^ StateSenate17
^ StateSenate22
r*StateSenate27
r*StateSenate32
State Senate 37
State Senate 05
r"StateSenate10
State Senate 15
^ StateSenate20
r*StateSenate25
r StateSenate 30
I”StateSenate35
I” StateSenate40
^ StateSenate04
State Senate 09
r StateSenate14
r"StateSenate19
I”StateSenate24
State Senate 29
State Senate 34
r*StateSenate39
State Senate 03
State Senate 08
r*StateSenate13
State Senate 18
I”StateSenate23
State Senate 28
r*stateSenate33
r*StateSenate38
r” StateSenate01
State Senate 06
r* StateSenate 11
f” StateSenate16
r" StateSenate21
State Senate 26
I” StateSenate31
f“ StateSenate36

2. CaliforniaState Assembly Districts
Select one or more ofthe CaliforniaStateAssembly Districtswhere the proposed projectactivitieswilloccur.

Copy and PastetheURL (http://www,legislature.ca.gov/legislalors_and_districts/district3/districts.html)inyour browser todeterminetheStateAssembly district(s).
r"StateAssembly04
State Assembly 08
I”StateAssembly12
State Assembly 16
State Assembly 20
^ StateAssembly24
State Assembly 28
State Assembly 32
r”StateAssembly36
^ StateAssembly40
f”StateAssembly44
State Assembly 43
r”StateAssembly52
State Assembly 56
State Assembly 60
^ StateAssembly64
State Assembly 68
State Assembly 72
I”StateAssembly76
I”StateAssembly80
^ StateAssembly03
r”StateAssembly07
^ StateAssembly11
^ StateAssembly15
State Assembly 19
State Assembly 23
I”StateAssembly27
r"StateAssembly31
r*SlateAssembly35
I”StateAssembly39
I”StateAssembly43
r*SlateAssembly47
State Assembly 51
State Assembly 55
State Assembly 59
^ StateAssembly63
State Assembly 67
I”StateAssembly71
r*StateAssembly75
State Assembly 79
r"StateAssembly02
State Assembly 06
State Assembly 10
State Assembly 14
StateAssembly 18
r”StateAssembly22
r"StateAssembly26
I”StateAssembly30
StateAssembly 34
StateAssembly 38
State Assembly 42
r”StateAssembly46
I”StateAssembly50
r*StateAssembly54
State Assembly 58
State Assembly 62
StateAssembly 66
I”StateAssembly70
State Assembly 74
State Assembly 78
r state Assembly 01
f”StateAssembly05
stateAssembly 09
State Assembly 13
State Assembly 17
state Assembly 21
r”StateAssembly25
State Assembly 29
state Assembly 33
r*StateAssembly37
State Assembly 41
I”StateAssembly45
r"StateAssembly49
r”StateAssembly53
r*StateAssembly57
^ StateAssembly61
r"StateAssembly65
r"StateAssembly69
r*StateAssembly73
r"StateAssembly77
r
r
r
r
r
r
r
r
r

3. CaliforniaCongressional Districts
Selectone or more ofthe CaliforniaCongressional Districtswhere the proposed projectactivitieswilloccur.

Copy and PastetheURL (https://www.govtrack.us/congress/members/CA) inyour browser todetermine the Congressional district(s).
^ CongressionalDistrict1
CongressionalDistrict4
Congressional District3
CongressionalDistrict6
Congressional District2
Congressional District5
Contract# C25S0606. CityofNewport Beacii,Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Data;09/18/2025Page: 32 of 46 Congressional District9
^ CongressionalDistrict12
I”CongressionalDistrict15
Congressional District18
Congressional District21
r”CongressionalDistrict24
r*CongressionalDistrict27
r"CongressionalDistrict30
CongressionalDistrict33
r*CongressionalDistrict36
CongressionalDistrict39
I”CongressionalDistrict42
^ CongressionalDistrict45
f”CongressionalDistrict48
r*CongressionalDistrict51
Congressional District8
CongressionalDistrict11
^ CongressionalDistrict14
CongressionalDistrict17
I”CongressionalDistrict20
f"CongressionalDistrict23
r*CongressionalDistrict26
r*CongressionalDistrict29
I”CongressionalDistrict32
r"CongressionalDistrict35
CongressionalDistrict38
^ CongressionalDistrict41
^ CongressionalDistrict44
^ CongressionalDistrict47
r*CongressionalDistrict50
^ CongressionalDistrict53
r”CongressionalDistrict7
I”CongressionalDistrict10
CongressionalDistrict13
CongressionalDistrict16
f”CongressionalDistrict19
^ CongressionalDistrict22
CongressionalDistrict25
r"CongressionalDistrict28
I”CongressionalDistrict31
r*CongressionalDistrict34
r”CongressionalDistrict37
f**CongressionalDistrict40
CongressionalDistrict43
CongressionalDistrict46
r*CongressionalDistrict49
r”CongressionalDistrict52

4. County
Select one or more of the CaliforniaCounties where theproposed projectactivitieswilloccur, r*Alpine
l~DelNorte
Inyo
Madera
Mono
Plumas
r*Colusa
^ Humboldt
Lassen
Merced
^ Orange
f”San
Bernardino
^ SantaBarbara
r Calaveras
r*Glenn
^ Lake
Mendocino
I”Nevada
I”San Benito
r”Amador
El Dorado
Kem
Marin
Monterey
^ Riverside
r"Butte
Fresno
r*Kings
^ Mariposa
Napa
Sacramento
Alameda
Contra Costa
I”Imperial
r”LosAngeles
I” Modoc
r Placer
San MateoI”San Luis
Obispo
Sierra
r”Tehama
r*Yuba
San Francisco San Joaquin^ SanDiego
Solano
Tulare
r”Siskiyou
Trinity
I”Santa Cruz Shasta
^ Stanislaus Sutter
^ Ventura ^ Yolo
Santa Clara
I”Sonoma
Tuolumne
ConUacl # 02530606, CityofNewport Beach, Surrenderedand Abandoned Vesael Exchange (SAVE) FiscalYear 2025/2026,Date;09/16/2025Page; 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
lead
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.

Identify
your
primary
responsibili
ties in this
waterbody
Code
Enforcement
Patrol
this How often
does your
agency
monitor this
area?
waterbod
y in your
jurisdictiWaterbody
Name
this
waterbody.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.

Newport
Harbor
800 Acres Orange County
SheriffDepartment
Harbor Patrol
(Emergencies
Only)
Cityof
Newport
Beach-Harbor
Department
Several times
a day, 7 days
a week
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 removal
Total
number of
hours per
week
dedicated
to receipt
Listthe names and titlesof staffassigned IntheirJob duties to the removal of abandoned vessels and receipt of
surrendered vessels.
of of
abandoned
vessels
surrendere
d vessels
Total hours
per week
Harbormaster 5.00 5.00 10.00
Code Enforcement Supervisor
Code Enforcement Officer (3)

5.00 10.005.00

15.00 15.00 30.00
Administrative Coordinator 6.00 14.00 20,00
Objective 1:Prevention
Does youragency accept surrenderedvessels? Yes r No5.

How does your agency advertisethisprogram component?6.

Contract # C25S0606, CKy of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) iFscalYear 2025/2026. Date:09/18/2025Page: 34 of 46 PublicityEfforts:
17 Advertisedon your website
Agency newsletters
r PSAs,billboards
^ Socialmedia
Distributingbrochures
Other
[EmailCampaigns]
17 17
5Number of methods selected to actively
promote selfturn-in
Number of brochures distributed per year at;
List names of Events# of Brochures
Monthly Harbor Commission Meetings100
Community Meetings and Presentations80
List names of Marinas# of Brochures
Bavside Village Marina20
Balboa Bay Club20
Newport Dunes Waterfront20
California Recreational Marina20
List names of Other Activities# of Brochures
Webpage visits1.200
Brochures Available in Office75
Did youragency have a plantoincreasethenumber of surrendered vesselsaccepted over the lastcalendar year?Ifso.whatwas theplanand whatwere 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.Staffregularlyreportstothe CityCounciland the Harbor Commission on theprogressofremediatingderelictvesselsfromthe Harbor and thosetowed fordisposal.Our Code Enforcementofficersoftenrecommends the VTIP to eligible candidates.Inaddition,the Cityhas a web page, flyers,socialmedia postsand email campaigned forVTIP outreach.Most program participantscontactstaffdirectly, throughexistingadvertisingefforts,referralsfrom previousVTIP participaantsand the DBW SAVE Grant web page. Inthe coming
year,theCitywould liketocontinuesettingasidea portionofthe SAVE Grant to specificallyservice VTIP vesselsinOrange County and thesurroundingcounties.

7. Inthe2021-2023 grantcycle,theCityprocessed26 surrendered vessels and 4 abandoned vessels. In our current2023-2025 grantcycle,26 surrenderedvessels and 7 abandoned vessels have been processed.We arecurrentlyworkingon 2 additional surrendered vessels and continue toadd interestedapplicantstoour waitlist.

NewportHarborishome to1,200moorings,1,200residentialpiers,dry storageand 60 marinas.

Contract# C25S0606, Qty olNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page: 35 of46 There isa a need inNewport Harbor toassistwitha deterioratingand agingboatingcommunity.

Removing problematicvesselsclearsthemooringfields,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 understandsthatthe grantfundingshould assistthe boatingcommunity inthe Southern California region,as a whole.

How oftendoes youragency coordinatewithiocalboatinggroupsormarinastoinformthem ofthesurrendered vesselprogram? Describeactivitiesand identifygroups/marinascontacted inthe lastcalendar year. (Answer onlyifyou selected‘Yes'toQ 5.)
The Cityof Newport Beach has an ongoing waitinglistof individuals who have reached out to the Citywithan interestinturningintheirvessel.Neighboringagenciesalsoreferconstituentstous who may be qualifiedforthisprogram. As theCitymakes itsway down the waitinglistof eligible vesselsforthe VTIP program, we send out email camapigns, social media blasts,notifications,and ads to localmarina and boatinggroups to informthem and remind them of the VTIP program.

Neighboringagenciesfrequentlyreferconstituents,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 vessel activityinyourJurisdiction.Selectallthatapply ^ Routinepatrolofjurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
^ Checkvesselregistration
Check seaworthiness(listing,occupancy, trash,bilgerunning,operablelights) Abandoned vessel mapping and tracking
Multi-agencycoordination
r UtilizeNASA data

9. 15

10. f7
P
P
7Number of methods selected to monitor abandoned vessel activity The CityofNewport Beach Harbor Department staffworks withDescribe additionalmethodologies,ifany, (besidesparticipationinSAVE) youragency theboatingcommunity to keep vesselsseaworthy and operable, uses to preventabandoned vesselswithin HarborDepartmentstaffconducts patrolsof the offshore

11. ConUact # C25S0606, Cityof Newport Beacti,Surrendered and Abandoned VesselExchange(SAVE)FiscalYear2025/2026.Data;09/18/2025Page: 36 of46 mooringfield,anchorage,publicpiers,privatedocksand
marinas,activelyinspectingvesselconditions.Allvessels that anchor inouranchorages orrentmooringsfrom us are required topass a dye tabtest,implementedby ourstaffannually.

Additionally,mooringpermitteesmust proveoperabilityas a conditionto obtaina permit.
itsjurisdiction?
Allmooringpermitteesareerquiredtosubmitproofof vessel
insuranceand registration.Allshort-termmooringrenters and marinasliptenantsarealsorequiredtodemonstrateproof of
insurance and registration.

Staffactivelyinvestigatesreportsofdistressedvesselsand
when issuesof 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
supportedstaffIntheidentificationand remediationof problem vessels.

Objective2; Control
Describe methodologies,ifany, your agency
has implementedtocontroland prevent
abandoned vessels from entering its
jurisdictionfrom other areas.

The CityofNewportBeach’sHarborDepartmentstaffworks to
identifyproblemvesselsduringtheirdailypatrolsand makes
contact with vessel owners. Staffwilldetermine whether the vesselcan be broughtintocomplianceand vesselowners are
encouraged towork on theirvessels.

12. 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 tothisprogram. Staffencourages owners ofderelictand neglectedvesselstoturnintheirvessels, makingtheprocessas streamlinedas possibleforthevessel
owners. However, there are instanceswhen vessels are
abandoned inthepublicanchorage,piersand mooring fields in Newport Beach or neighboringjurisdictions.

Does youragency collaboratewithneighboringSAVE granteesthatmanage abandoned and surrendered vessels?
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 (i Yes r No13.

Contract# C25S0606, Cityof Newport Beach. Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 37 of48 ourapplicantsfromfillingoutprogramformstogettingtheirvessels removed by our selected vendors.

Does youragencyhaveany specialcircumstancesand/orconditions that contribute to abandoned vessels yourJurisdiction?^plalncircumstances/conditions.
14,
in
NewportHarborisone ofthelargestsmallcraftrecreationalharbors on the west coast. We welcome and service transientand localboaters alike.However, over the years,some boatershave foundthemselvesfinanciallyunable to maintaintheirvessels,optingtoturninthevesselorsimplylettingthevesselbecome derelictand/orabandoned.

Transientboatersfrequentlyabandon vesselsinNewportHarbor withthe ideathatthe localagencies willremediate theblight.CityofNewportBeach HarborDepartmentstaffhas extensiveexperienceworkingwithboatersas they requestassistanceturninginvessels.Due tothecostofhaulingoutand maintenance,some boatersresortto abandoningtheirvessels.Inthosecases,theCityofNewport Beach takesactionto relocate,investigatethe case and ultimatelydestroythe vessel.

Objective 5: SNHAP
Per HNC 525,when evaluatingan applicationDBW shallgivegreaterweighttoapplteanfswho have an existing SNHAP.

Does youragencyhavea SubmergedNavigationalHazardAbatement Plan (SNHAP)?
IfYes, attachcopy.
(f 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 structurelocated inor over the waters of Newport Harbor or the vessels.

16. PacificOcean under any ofthe followingdrcumslances:

A. Unless otherwisepermittedunder 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 structureisinviolationofthe anchorage or berthingrequirementsofthistitle.
□. The vessel or structure is leftunattended and is moored, docked, beached, or made fastto land ina positionthat
obstructs the normal movement of trafficor in a condition that creates a hazard to othervessels using the waterway, to public safety,or tothe propertyofanother.

E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigationor to thepublic
health,safety,or welfare.

F.The vesselor structureposes a threattoadjacentwetlands, levees,sensitivehabitat,any prelectedwildlifespedes, or water quality.

G. A vessel or structureisfound or operated upon a waterway witha registrationexpirationdate
inexcess ofone yearbeforethedateon which itisfound or
operated on the watenrvay.

H. The vesselor mooring permitteedoes nothave proper
insurance or owes a debt to the City.

I.Federal or State law permitsthe Cityor any peace officer, lifeguard,or marine safetyofficeremployed by theCityto
remove, and. Ifnecessary,storea vesselremoved from a public waterway.

Contract»C25S0606.CityofNawportBaach,Sunandetod and Abandoned VesselExchange (SAVE) iFsealYear 2025/2026,Dale:09/18/2025Page: 38 Of46 IdentifytheSNUAP's fundingsourceforthecontrol/abatementof non-vessel related water hazards, hazardousfloatingdebris(suchas logs),submergedobjectsand abandoned piersand pilings

17. 17.20.040-AllStray,unattendedorabandonedvessels,timberorany otherpersonalpropertyfound inthe water or on the shore of Newport Harbor or thePacificOcean not inthe lawfulpossession or controlofsome person,shallbe immediatelyreportedto the Haitormster. Any such vessel or propertyshallbe dealtwithas providedintheappropriateprovisionsofChapter 1.20and 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 ifthevesselisunoccupied by a person during:

A. Any nighttimehours(sunsettosunrise);
B.Any timeperiodwhen a smallcraftadvisoryorgreaterhas been issued by the NationalOceanic and Atmospheric Administration;or
C. Daylighthoursformore thanthreehours.

17.45.030 D - Refuse and Vesseis on Shoreline.No person shallplaceor allowabandoned vessels or boats,materials,garbage,refuse,debris,litter,timberor otherwaster matter of any descriptionto remainon orupon theshorelinesofthePacificOcean or on the shorelinesof Newport Harbor within theCity.The Citymay remove thesame withorwithoutnotice,and the cost thereof may be recoveredfromany personowningthesame, orplacingor causingitto be placed on the shoreline.

17.70.030- Impound ofVesselsorStructures;The Harbormastermay authorizedthe impound of a vessel or structurelocated in or over the waters of Newport Harbor orthe PacificOcean under any of the followingcircumstances:

A. Unless otherwisepermittedunder thistitle,thevessel or structureisattachedto a mooring thatis not the vessel or structureidentifiedon the mooring permit.

B. An permittedvesselor structureisattachedtoa publicmooring,dock, or slip.

C. A vessel or structureisin violationof the anchorage or berthingrequirementsofthistitle.

D. The vessel or structureisleftunattended and ismoored, docked, beached, or made fastto land ina positionthatobstructsthenormalmovement oftrafficor in a condition that creates a hazard to othervesselsusingthewaterway,to publicsafety,or tothepropertyof another, E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigationor to the public,health,safety,or welfare.

F.The vesselor structureposes a threatto adjacentwetlands, levees,sensitivehabitat,any protectedwildlifespecies,or waterquality.

G. A vessel or structureisfound or operated upon a waterway witha registrationexpirationdate in excessofone yearbeforethedateon which itisfoundor operated on the waterway.

H. The vesselor mooring permitteedoes 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 chargeorbringactioninthecourtsofthisstateto 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 smaltvesselsspend theday checking on problem areas inthe Contract# C25S0606, CityofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page; 39 of 46 harborand collectingtrash,plastics,and otherdiscardedwater pollutants.Objectsthatare too difficulttoretrieveduringtheday are marked and the appropriateprofessionalsare broughtInto assistinthe retrievalofthe object.Lastyear,over 5,000 pounds of non-vesselrelateddebriswas removed from Newport Harbor,
Fundingfortheremovalofthemarinedebrisispartof the Harbor Department's annual operating budget.

Corlracl# C25S0606. CityoTNewport Beach.Surrenttefedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page; 40 of46 Objective 3; Cost Effectiveness
Has youragency been involvedinabatementactivitiesduringthepast3 caiendar Yes r No years?
ifyes,providetheaverage costtoremove and destroyvesseis in the chart below;

ABANDONED VESSELS AVERAGE
COST
Vessels Less Than 30' $1,500 or less LAST CALENDAR
YEAR
18,
more than $3,000Vessels Loss Than 30' LAST 3

CALENDAR
YEARS
18a.

Vessels Greater Than 31' more than S5,000 LAST CALENDAR YEAR

19. more than $5,000Vessels Greater Than 31' LASTS

CALENDAR
YEARS
19a.

SURRENDERED VESSELS
more than $1,000Vessels Less Than 30' LAST CALENDAR
YEAR

20. more than $1,000Vessels Less Than 30' LASTS

CALENDAR
YEARS
20a.
more than $2,000Vessels Greater Than 31' LAST CALENDAR
YEAR
21 Vessels Greater Than 31' more than $2,000 LASTS

CALENDAR
YEARS
21a.

ContractItC25S0606. CityofNewport Beach, Surfenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025 Page; 41 of 46 IdentifythelastthreeCLOSED SAVE grantsawarded and the percentageof unspent fundingthatwas leftin each grant.

22. ONLY LIST CLOSED GRANTS
Percentage
of funding
left over
Amount
Awarded
Closed SAVE grants
year awarded
175,000.00 16
2020
3175,000.002021

0.00 02022
Identifythenumber ofpersonnelcurrentlyworkingintheprogramwithmore thantwo years' experiencemanaging theSAVE program.

What process/method/practicehave you
implementedinthelast24 months toreduce
the grantprogram'scostofremoving and
destroyingabandoned or surrendered
vessels?
323.

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.Through educationand informationis
providedtovesselowners topromptlybringvesselsinto
complianceor utilizetheVessel Turn inProgram (VTIP).

Owners may be Issueda NoticeofViolationiftheyfailto bring vesselsintocompliancewithina specifiedtimeframe.Vessels that are abandoned or have no identifiableowners are
processedfortheAbandoned AWF. Vessel conditionistaken
intoconsiderationwhen prioritizingenforcement and the use of SAVE funds fordestruction.Vessels at riskof sinkingor
representotherhazardous conditionsare placedinpriority
statusfortheVTIP program.

Does your agency have additionalfundingsources (otherthan SAVE) forremoval r Yes and disposalofabandoned vesselsinthe event you run out ofgrantfunding or are not awarded the fullgrantrequest?

24. No25.

Ifyes,list
Does youror a partneragency have vesselstoragecapabilitiesthatcan be used by Yes youragency atno 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 to several code violations,vesselowners are unreachable afterour staff have made several attempts to contactthe them.

What isthe number of surrendered vessels inyour jurisdictionthatwillbe ready for disposalduringthisgrantperiod,ifawarded?
How were these vessels identified?
3029.

Individualscontactedthe Cityof Newport Beach throughour staffprovidingeducationon theprogram,orthroughreferral
from neighboringagencies.

Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 202S/2026.Date:09/18/2025Page: 42 of48 (? Yes r NoDidyou collaboratewithmarinasinyourjurisdictionto identifythe number of potentialsurrenderedvesselslistedinyourbudget?
Ifyes.listmarinas.

30. AmericanLegionPost291;BahiaCorinthianYachtClub;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 PortMarina
Contract#C25S0606, CityofNewport Beach,Surrenderedand Abandoned VesselExchange (SAVE) iFscalYear 2025f2026.Date:09/18/2025Page: 43 of46 Budget
VESSEL
LENGTH

ESTIMATED
COSTList IdentifiedAbandoned Vessels (CF #s)
49 25,000.00Coast Guard Doc # 925952-Pe3caholic
41 20.000.00CF 4766 TF 1
31 5,000.00CF 9964 SM
2,000.0025CF 0995 GV
52,000Total
VESSEL
LENGTH

ESTIMATED
COSTList Identified Surrendered Vessels (CF #s)
40 22,000.00Coast Guard Doc # 568668
29,500.0045Coast Guard Doc# 277077 1
40 17,500.00Coast Guard Doc #1047781
45 29,500.00Coast Guard Doc #228270 1
38 8,000.00Coast Guard Doc #626059
20 2,000.00CF 3497 FB
3,500.0028Coast Guard Doc# 500764
112,000.00Total

APPROXIMAT

EVESSEL
LENGTH
Total number
of vessels

ESTIMATED
COSTEstimate Future Abandoned Vessels
20-50 58,000.00Estimatedabout 10 vesselsbeingabandoned Intwo years
10 10 58,000.00Total
We areestimatingprocessing10 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
Estimatingabout20-30vesselstobe surrenderedover
the two years
30 9-50 28,000.00
30 28,000.00Total
With the currentdemand oftheVTIP program, we anticipateprocessing30 vessels inthenexttwo years.We willcontinueofferingthisprogram serviceto our constituentsalong withassistingour neighboringagencies.

Justification:
250,000TOTAL GRANT
25,000REQUEST PLUS 10%
25,000AGENCY MATCH
275,000TOTAL PROJECT COST
Contract# C25S0606. Cityof Newport Beach, Surremtered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:03/18/2025Page; 44 of46 ContractftC25S0606, Cityof Nawport Beach, Sunrendered and Abandoned VassalExchange (SAVE) FiscalYear 2025/2026,Data:09/18/2025Page: 45 of46

1. Applicant Certification
Per Harbors aridNavigationCode 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 verified,and are at the discretionof DBW.

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 the document(s),proposal(s), and statement(s)submittedinconjunctionherewith,and thatto the bestof my informationand belief,the information contained herein istrue,accurate, correct,and complete.

Fa.

F am the person authorizedto submit thisappiicationon behalfoftheapplicant.Icertifythatb. 04/28/2025Prepared by: Name: Cynthia Shintaku Date:
04/28/2025Reviewed by: Name; Paul Blank Date:
04/28/2025Paul Blank Date:Approving Officer: Name;
Contract# C25S0fl06,Cityof Newport Beach, SurrenderedarxiAbandoned VesselExchange (SAVE) FiscalYear 2025/2028,Date;09/18/202SPage: 46 of46

Newport Beach City CouncilApril 14, 2026

Newport Beach City Council
April 14, 2026