ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PERRY’S TRUCKING & EQUIPMENT RENTAL FOR
VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ('‘Agreement”)is made and entered intoas of this14th day ofApril,2026 (“EffectiveDate”),by and between the CITY OF NEWPORT BEACH, a Californiamunicipal corporation and charter city (“City”),and PERRY’S TRUCK AND EQUIPMENT REPAIR LLC, a California limited liabilitycompany (“Consultant”),whose address is11957 Locust Lane Apple Valley CA 92308, and is made with reference to the following;
RECITALS
City isa municipal corporationduly 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.
Citydesires to engage Consultant to provide on-callvessel removal, storage, and disposal services forsurrendered or abandoned vessels (“Project”).
Consultant possesses the skill,experience, ability,background, certificationand knowledge to provide the professionalservices described inthisAgreement.
City has solicitedand received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forthinthisAgreement.
A.
B.
C.
D.
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 activeterm. 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 Exhibit A and incorporated herein by reference (“Services” or “Work”). Upon written request from the Project Administrator as defined herein.
Consultant shallprovide a letterproposal for Services requested by the City (hereinafter referredto as the “LetterProposal”). The LetterProposal shallinclude the following:
2.1 Attachment C
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 shall be provided untilthe Project Administrator has provided writtenacceptance of the LetterProposal. Once authorized to proceed. Consultant shall diligentlyperform the dutiesinthe approved LetterProposal.
AllServices shallbe provided in accordance with the terms and conditions set forth in the State of California - Natural Resources Agency Department of Parks and Recreation Division of 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 (“Grant Agreement”). A copy of the Grant Agreement is incorporated herewith 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 shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. 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 forthin ExhibitA and the LetterProposal, ifany, or perform the Services in a diligentand timely manner 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 Project Administrator as defined herein not laterthan ten (10) calendar days after the startof the condition that purportedly causes a delay. The Project Administrator shallreview allsuch requests and may grant reasonable time extensions forunforeseeable delays thatare beyond Consultant’scontrol.
For all time periods not specificallyset forth herein. Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail.
3.2 3.3
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4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of thisSection and the LetterProposal and the Schedule of BillingRates attached hereto as ExhibitB 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 priorwrittenauthorizationfrom City. No billingrate changes shallbe made during the term of thisAgreement without the prior written approval of City.
4.2 Consultantshallsubmit monthly invoicesto City describing the Work performed the preceding month. Consultant’sbillsshallincludethe name of the person who performed the Work, a briefdescriptionofthe Servicesperformedand/orthe specific task inthe Scope of Services to which itrelates,the date the Serviceswere performed, the number of hours spent on allWork billedon an hourlybasis,and a descriptionofany reimbursableexpenditures.Cityshallpay Consultantno laterthan thirty(30)calendar days afterapprovalofthemonthlyinvoiceby Citystaff.
CityshallreimburseConsultantonlyforthosecostsor expenses specifically identifiedinExhibitB to thisAgreement and the LetterProposal or specificallyapproved inwritinginadvance by City.
Consultantshallnot receiveany compensation forExtraWork performed withoutthe priorwrittenauthorizationof City.As used herein,“ExtraWork” means any Work thatisdeterminedby Citytobe necessaryforthe propercompletionofthe Project, but which isnot includedwithinthe Scope of Servicesand which the partiesdid not reasonably anticipatewould be necessary at the execution of this Agreement.
Compensation forany authorizedExtraWork shallbe paid in accordance with the Schedule of BillingRates as setforthinExhibitB and the LetterProposal.
5. PROJECT MANAGER
Consultantshalldesignatea ProjectManager, who shallcoordinate all phases ofthe Project.This ProjectManager shallbe availableto City at allreasonable timesduringtheAgreement term. Consultanthas designatedEdward Allen Perry to be itsProjectManager. Consultant shallnot remove or reassignthe ProjectManager or any personnellistedinExhibitA or assignany new or replacement personnelto the Project withoutthe priorwrittenconsent of City. City’sapprovalshallnot be unreasonably withheldwithrespecttothe removalor assignmentof non-key personnel.
Consultant,atthe solediscretionofCity,shallremove from the Projectany of itspersonnel assigned to the performance of Services upon writtenrequest of City.
Consultantwarrantsthatitwillcontinuouslyfurnishthe necessary personnelto complete the Projecton a timelybasisas contemplatedby thisAgreement.
4.3 4.4
5.1 5.2
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IfConsultantisperforminginspectionservicesforCity,the ProjectManager and any otherassigned staffshallbe equipped witha cellularphone to communicate with Citystaff.The ProjectManager’s cellularphone number shallbe provided to City.
5.3 6. ADMINISTRATION
City’sThis Agreement will be administered by the Harbor Department.
Harbormaster or designee shallbe the ProjectAdministratorand shallhave the authority to act forCityunder 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, Cityagrees to provide access to and upon request of Consultant,one copy of allexisting relevantinformationon fileat City. Citywillprovide allsuch materials in a timely manner so as not to cause delays in Consultant’s Work schedule.
8. STANDARD OF CARE
Allof the Services shallbe performed by Consultant or under Consultant’s supervision. Consultant represents that itpossesses the professional and technical personnel required to perform the Services required by thisAgreement, and that itwill perform allServices in a manner commensurate with community professionalstandards and with the ordinary degree of skilland care that would be used by other reasonably competent practitionersof the same disciplineunder similar circumstances. All Services shallbe performed by qualifiedand experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifiesthat the Work conforms to the requirements of thisAgreement, allapplicable federal,state and locallaws, and legally recognized professionalstandards.
Consultant represents and warrants to Citythatithas, shallobtain, 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 for damages or be in defaultor deemed to be in defaultby reason of strikes, lockouts, accidents, acts of God, or the failureof City to furnish timely information or to approve or disapprove Consultant’s Work promptly, or delay or faulty performance by City,contractors,or governmental agencies.
8.1 8.2
8.3 9. HOLD HARMLESS
To the fullestextent permitted by law. Consultant shall indemnify, defend and hold harmless City, itsCity Council, boards and commissions, officers,agents, volunteers and employees (collectively,the “Indemnified Parties”)from and against any
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and allclaims (including,without limitation,claims forbodilyinjury,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, defectsinworkmanship or materialsor Consultant’spresence or activitiesconducted on the Project(includingthe negligent,reckless,and/or willfulacts, errors and/or omissions ofConsultant,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 allofthem).
Notwithstandingthe foregoing,nothinghereinshallbe construed to require Consultant to indemnify the Indemnified Partiesfrom any Claim arisingfrom the sole negligence or willfulmisconduct of the Indemnified Parties.Nothing inthisindemnityshall be construedas authorizingany award of attorneys’fees in any action on or to enforce the terms of thisAgreement. This indemnityshallapply to allclaims and liability regardlessofwhether any insurancepoliciesare applicable.The policylimitsdo not act as a limitationupon the amount of indemnificationto be provided by Consultant.
10. INDEPENDENT CONTRACTOR
Itisunderstood thatCityretainsConsultant on an independent contractor basis and Consultantis not an agent or employee of City. The manner and means of conducting the Work are under the controlof Consultant,except to the extent they are limitedby statute,ruleor regulationand theexpressedterms of thisAgreement. No civil servicestatusor otherrightof employment shallaccrue to Consultantor itsemployees.
Nothing inthisAgreement shallbe deemed to constituteapproval forConsultantor any ofConsultant’semployees or agents,tobe theagentsor employees of City. Consultant shallhave the responsibilityfor and controlover the means of performing the Work, provided thatConsultantisincompliance withthe terms ofthisAgreement. Anything in thisAgreement thatmay appear togiveCitythe 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 Citywith respect to the resultsof the Services.
9.2 11. COOPERATION
Consultantagrees to work closelyand cooperatefullywith City’s designated ProjectAdministratorand any otheragenciesthatmay have jurisdictionor interestinthe Work to be performed. Cityagrees tocooperatewiththe Consultanton the Project.
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12. CITY POLICY
Consultant shalldiscuss and review allmatters relatingto policy and Project directionwith City’sProjectAdministratorinadvance of allcriticaldecisionpointsinorder to ensure the Projectproceeds ina manner consistentwith Citygoals and policies.
13. PROGRESS
Consultantis responsiblefor keeping the ProjectAdministratorinformed on a regularbasis regardingthe statusand progress ofthe Project,activitiesperformed and planned, and any meetings thathave been scheduled or are desired.
14. INSURANCE
WithoutlimitingConsultant’sindemnificationofCity,and priorto commencement ofWork, Consultantshallobtain,provideand maintainat itsown expense duringthe term ofthisAgreement orforotherperiodsas specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attachedheretoas ExhibitC, and incorporatedhereinby reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specificallyauthorizedunder thisAgreement, the Services to be provided under thisAgreement shallnot be assigned,transferred contracted subcontractedoutwithoutthe priorwrittenapprovalofCity.Any ofthefollowingshallbe construedas an assignment: The sale,assignment,transferor otherdispositionof any ofthe issuedand outstandingcapitalstockofConsultant,or ofthe interestofany general partnerorjointventureror syndicatemember or cotenant ifConsultantisa partnershipor joint-ventureor syndicateor co-tenancy,which shallresultin changing the controlof Consultant.Controlmeans fiftypercent(50%) or more ofthe votingpower ortwenty-five percent(25%) or more oftheassetsofthecorporation,partnershipor joint-venture.
16. SUBCONTRACTING
The subcontractorsauthorizedby City,ifany,to performWork on thisProject identifiedin ExhibitA and the LetterProposal. Consultantshallbe fullyresponsible to Cityforallactsand omissionsof any subcontractor.Nothing inthisAgreement shall createany contractualrelationshipbetween Cityand any subcontractor nor shallitcreate any obligationon the partof Cityto pay or to see to the payment of any monies due to any such subcontractorotherthan as otherwiserequiredby law. City is an intended beneficiaryof any Work performed by the subcontractorforpurposes of establishinga dutyofcarebetween thesubcontractorand City.Exceptas specificallyauthorized herein, the Servicesto be providedunder thisAgreement shallnot be otherwise assigned, transferred,contracted or subcontracted out without the priorwrittenapprovalofCity. or
are
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report,draft,map, record,plan,document and other writing produced, includingbut not limitedto, websites, blogs, social media accounts and applications(hereinafter“Documents”), prepared orcaused to be prepared by Consultant, itsofficers,employees, agents and subcontractors,in the course of implementing this Agreement, shallbecome the exclusivepropertyofCity,and City shallhave the sole right to use such materials in itsdiscretion without further compensation to Consultant or any other party. Additionally,allmaterial posted in cyberspace by Consultant, itsofficers, employees, agents and subcontractors,in the course of implementing thisAgreement, shallbecome the exclusive property of City,and Cityshallhave the sole rightto use such materials in itsdiscretionwithout furthercompensation to Consultant or any other party.
Consultant shall,at Consultant’s expense, provide such Documents, includingalllogins and password informationto City upon priorwrittenrequest.
17.2 Documents, includingdrawings and specifications,prepared by Consultant pursuant to thisAgreement are not intended or represented to be suitablefor reuse by City or others on any other project.Any use of completed Documents forother projects and any use of incomplete Documents without specific written authorization from Consultant willbe at City’ssole riskand without liabilityto Consultant. Further,any and allliabilityarisingout of changes made to Consultant’sdeliverablesunder thisAgreement by Cityor persons other than Consultant iswaived against Consultant,and Cityassumes fullresponsibilityforsuch changes unless City has given Consultant priornotice and has received from Consultant writtenconsent forsuch changes.
17.3 All written documents shall be transmitted to City informats compatible with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unless Cityexpressly authorizes inwritingthe release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shalldefend and indemnify City,itsagents, officers,representatives and employees against any and allliability,includingcosts,for infringement or alleged infringementof any United States’letterspatent,trademark, or copyright,includingcosts, contained in Consultant’s Documents provided under thisAgreement.
20. RECORDS
Consultant shallkeep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City,fora minimum period of three (3)years, or for any longer period required by law, from the date of finalpayment to Consultant Perry’s Truck and Equipment Repair LLC Page 7
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shallallow a representativeof Cityto examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness hours. Consultant shall allow inspection of allWork, 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 withholdpayment to Consultantofany disputedsums until satisfaction of the disputewith respectto such payment. Such withholdingshall not be deemed to constitutea failureto pay according to the terms of thisAgreement. Consultant shallnot discontinueWork 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 itsinvestmentsduringthe time period,from the date ofwithholdingof 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 inexperienceof Consultantwhich resultinexpense to Citygreater 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 sectionsof thisAgreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
Cityreservesthe rightto employ otherConsultantsinconnection withthe Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or itsemployees may be subjectto the provisions of the CaliforniaPoliticalReform Act of 1974 (the“Act”)and/or Government Code §§ 1090 et seq., which (1) requiresuch persons to discloseany financialinterestthat may foreseeablybe materiallyaffectedby the Work performed under thisAgreement, and (2) prohibitsuch persons from making, or participatingin making, decisions that will foreseeablyfinanciallyaffectsuch interest.
24.2 Ifsubjectto the Act and/orGovernment Code §§ 1090 et seq.. Consultant shallconform to allrequirements therein. Failureto do so constitutes a material breach and isgrounds forimmediate terminationof thisAgreement by City. Consultant shall indemnify and hold harmless Cityfor any and allclaims for damages resultingfrom Consultant’s violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in mailingaddress, 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
be addressed to
notices,demands, requests or approvals from Consultant to City shall City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All
be addressed to
notices,demands, requests or approvals from City to Consultant shall Consultant at:
Attn:Edward Allen Perry
Perry’sTruck and Equipment Repair
PC BOX 400466
HESPERIA CA 92340
26. CLAIMS
Unless a shortertime isspecifiedelsewhere 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 forcompensation under or arisingout of thisAgreement except those previously made in writingand identifiedby Consultant inwritingas unsettledat the time of itsfinalrequest forpayment.
Consultant and Cityexpressly agree thatinadditionto any claims filingrequirements set forthinthe Agreement, Consultant shallbe requiredto fileany claim Consultant may have against City in strictconformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
Inthe event thateitherpartyfailsor refuses to perform any of the provisions of thisAgreement at the time and inthe manner required,that party shall be deemed in defaultinthe performance of thisAgreement. Ifsuch defaultisnot cured withina period of two (2)calendar days, or ifmore than two (2)calendar days are reasonably required to cure the default and the defaultingparty failsto give adequate assurance of due performance within two (2) calendar days after receiptof written notice of default, specifyingthe nature of such defaultand the steps necessary to cure such default,and
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thereafterdiligentlytake steps to cure the default,the non-defaultingpartymay terminate the Agreement forthwithby givingto the defaultingpartywrittennoticethereof.
27.2 Notwithstandingthe above provisions,City shallhave the right,at itssole and absolute discretionand without cause, of terminating thisAgreement at any time by giving no less than seven (7) calendar days’ priorwritten notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorilyperformed and costs incurredup to the effective date of termination for which Consultant has not been previouslypaid. On the effectivedate of termination. Consultant shall deliver to City all reports. Documents and other information developed or accumulated inthe performance of thisAgreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals.Cityand Consultant acknowledge thatthe above Recitals are true and correctand are hereby incorporated by reference intothisAgreement.
28.2 Compliance with allLaws. Consultant shall,at itsown cost and expense, comply with allstatutes,ordinances, regulations and requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now in force or hereinafter enacted. In addition,allWork prepared by Consultant shallconform to applicable City, county, stateand federallaws, rules,regulationsand permit requirements and be subject to approval of the ProjectAdministratorand City.
28.3 Waiver. A waiver by eitherparty of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Integrated Contract. This Agreement represents the fulland complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminarynegotiationsand agreements ofwhatsoever 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 constructionwhich might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Consultant and City and approved as to form by the City Attorney.
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28.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwiseunenforceableby a courtof competent jurisdiction,the remaining provisionsofthisAgreement shallcontinueinfullforce and effect.
28.9 Controlling Law and Venue. The laws of the State of Californiashallgovern thisAgreement and allmatters relatingto itand any action brought relatingto this Agreement shallbe adjudicatedin a court of competent jurisdictionin the County of Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that itis an equal opportunityemployer and itshallnot discriminateagainst any subcontractor,employee or applicant for employment because race, religiouscreed, color, national origin, ancestry, physical handicap, medical condition,maritalstatus, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys’Fees. Inthe event of any dispute or legalaction arisingunder thisAgreement, the prevailingparty shallnot be entitledto attorneys’fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1)and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date;
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date: -5/7.5/2-^
ByJAafon C. Harp
City Attorney
■Ga/ By:
Lauren Kleiman
Mayor
ATTEST:
Date;
CONSULTANT: Perry’sTruck &
Equipment Repair LLC, a California
limitedliabilitycompany
Date:
By: By:
Lena Shumway
City Clerk
Edward A. Perry
Chief Executive Officer
[END OF SIGNATURES]
Attachments; ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
ExhibitD - Grant Agreement, Surrendered and Abandoned Vessel Exchange (SAVE-25), Grant No. C25S0606
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EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF SERVICES
Objective:
Consultant shallprovide on-callvessel removal, storage and disposal services, related to abandoned and/or surrendered vessels. These services shallsupport the City’sHarbor Department inexecuting itsSurrender and Abandoned Vessel Exchange grant agreement with CaliforniaState Parks - Divisionof Boating and Waterways. Most vessels willbe located withinthe Cityand/or the Orange County region up to the 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 City of Newport Beach business licenseduring the term of thisAgreement.
Description:
Contractors shall provide services related to the removal and disposal of surrendered and abandoned vessels. Contractors shall be responsible for deploying and storing any vessels or equipment relatedto the deliveryof these services.
Services requested by the City inthe performance of the removal and/or disposal of vessels may include,but are not necessarilylimitedto:
• 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
Contractorsshallcomply withalllocal,stateand federal laws and provisionsinthe proper removal and/or disposalsofvessels.Contractorsshallbe responsibleforensuring thatallrulesand regulationspertainingtothe salvage and demolitionof allmaterialsresultingfrom the Contractors’ disposalofvessels (orhazardous marine debris)are followed.
Location of work to be performed shallbe designated by the Cityand may vary with each service request.
PROJECT ADMINISTRATION
On-call contractsdo not guarantee or imply any specificquantityof work over the proposed contract period.When the need forservices arises,the City shallrequest 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, ratesand fees forthe services requested.
Invoicesto the City must includethe following:
• Name and Address of the Cityof 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 that services and costs proposed are commensurate with those provided. No services shallbe provided untilthe City has 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
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PRICING - ON-CALL VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
BILLING RATE (PER FOOT)VESSEL SIZE/TYPE
$ 100.00-$150.00Vessels 10'- 25'
$ 150.00-$250.00Vessels 26' - 34'
$ 200.00 - $300.00Vessels 35' and up
Vessels - Wood $ 250.00 - $300.00
Vessels- Concrete $ 250.00 - $300.00
$ 250.00 - $300.00Vessels - Steel
See attached additionalpricingbreakdown forcosts not included in the table above Perry'sTruck and Equipment Repair LLC
LiabilityInsured
Personalwatercraftup to 15' @ $100.00/Ft
Vessels 16'-25' @ $125.00 - $150.00/Ft
Vessels26'-30’@ $150.00- $175.00/Ft
Vessels31' -35'@ $200.00 - $250.00/Ft
Vessels Wood to 32' @ $250.00/Ft Vessels Wood 33'+ @ $300.00/Ft Vessels Concrete to 32' @ $250.00/Ft Vessels Concrete 33'+ @ $300.00/Ft Vessels Steelto 32' @ $250.00/Ft VesselsSteel33' + @ $300.00/Ft Vesselsof excessivesize,weight and/or heightwillbe evaluated and may incurextracharges Vesselsover 10,000lbs.willgenerate an extracharge per ft.
Vessels over 10'wide willgenerate an extra charge per ft.
Vesselsover 14'in heightwillgenerate an extracharge per ft.
Vesselssinkingor takingon water willgenerate an extra charge per ft.
Traileredvesselsmay generate an extracharge per foot due to road worthinessof tires,bearings,hitchetc.
Sailboatsinthe water willbe towed to the liftfacilityand liftedby the customer. Any vesselwithout a trailer and/or dry docked willbe liftedby the customer. Provisionscan be made for Perry'sTruck to arrange removal payment at time of serviceand be added to the finalinvoice.Power boats inthe water up to 32' can be towed to a launch ramp by the customer without a liftfee.Customer isresponsiblefortransportingvesselto ramp or lift facilityunlessotherwise stipulated.
Bilgeswillbe free of liquidsand/or fluidspriorto removal.
Perry'sTruck willbe responsiblefor any removal and disposalof liquidsor hazardous waste intanks.
Bidsare provided on a best endeavor basisonly and are contingent upon a visualassessment. Unless a fixedprice quotation has been provided,work willbe charged based upon the pricingscaleprovided by The LLC and issubjectto change. Labor and/or fees may includetime taken to research,source and purchase any materialsor servicesprovided.We reserve the rightto salvage,demo, scrap,restoreor resellany vessel removed unless otherwise noted in the bid.
Payment isdue within15 days of vesselremoval and/or last vessel removed.
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
Provision of Insurance. Without limitingContractor’s indemnificationof City, and priorto commencement of Work, Contractor shall obtain, provide and maintain at itso\A/nexpense 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 set forthhere. IfContractor uses existingcoverage to comply and that coverage does not meet these requirements. Contractor agrees to amend, supplement or endorse the existingcoverage.
Acceptable Insurers. All insurance policiesshall be issued by an insurance company currentlyauthorized by the Insurance Commissioner to transact business of insurance inthe State of California,with an assigned policyholders’ Rating of A- (or higher) and FinancialSize Category Class VII (or larger)in accordance with the latesteditionof Best’s Key Rating Guide, unless otherwise approved by the City’sRisk Manager.
Coveraqe Requirements.
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 statutesapplicableto 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 accidentalpollution,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 propertydamage forallactivities of Contractor arisingout of or in connection with Work to be performed under this Contract,includingcoverage forany owned, hired,non-owned or rented vehicles, in an amount not less than one milliondollars ($1,000,000) combined singlelimitforeach accident.
1. 2.
3. A.
B.
C.
Page C-1Perry’sTruck and Equipment Repair LLC
Contractor shallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements statedinSection 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’soperations to include onsite and offsitecoverage forbodilyinjury(includingdeath and mental anguish), property damage, non-owned disposal siteliability,defense costs, cleanup costs, and pollution conditions that arise from or in connection with the transportation(includingloading and unloading) by or on behalf of the Contractor, of any waste or waste materials off or away from the projectsite.Coverage shallbe provided for both sudden and accidental and gradual and continuous pollutionevents with limits no less than fivemilliondollars($5,000,000) each loss and five million dollars($5,000,000) inthe aggregate. The policyshallnot exclude any hazardous materials for which there is exposure, marine operations includingbut not limitedto underwater epoxy wraps, coatings, sealants, and adhesives.
D.
E.
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-contributoryinsurance 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;
Waiver of Subroqation. Allinsurance coverage maintained or procured pursuant to thisContract shallbe endorsed to waive subrogation against A.
Perry’sTruck and Equipment Repair LLC 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.
Additional Insured Status. All liabilitypoliciesincludingmarine general liability,products-completed operations, excess/umbrella liability, watercraft,pollution,and automobile liability,ifrequired, shallprovide or be endorsed to provide that City, its City Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants shall be included as additionalinsureds under such policies.
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.
B.
C.
D. Notice of Cancellation. All policiesshall provide City with thirty(30) calendar days’ noticeof cancellationor nonrenewal of coverage (except for nonpayment forwhich ten (10) calendar days’ notice is required)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.
E.
5. Additional Aqreements 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 within ten (10) regular City 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 thisContract. The certificates and endorsements for each insurance policy shall be signed by a person Perry’sTruck and Equipment Repair LLC Page C-3
authorized by that insurerto bind coverage on itsbehalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shallbe filedwith the City.Ifsuch coverage is cancelled or reduced, Contractor shall,withinten (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.
B. City’sRiqht 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 additional cost to Contractor, City and Contractor may renegotiate Contractor’scompensation.
Riqht 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.
C.
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 Limitinq.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 entitledto 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 D.
E.
F.
Perry’sTruck and Equipment Repair LLC Page C-4
any self-insuredretentionson any portion of the insurance required herein and furtheragrees thatitwillnot 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 responsibleforpayment of any deductibleson theirpolicies.
City Remedies for Non Compliance. IfContractor or any subcontractor failsto provide and maintain insurance as requiredherein,then Cityshall have the rightbut not the obligation,to purchase such insurance, to terminate thisContract,or to suspend Contractor’srightto proceed until proper evidence of insurance is provided. Any amounts paid by City shall,at City’ssole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
Timely Notice of Claims. Contractor shallgive City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under 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.
Coverage not Limited. All insurance coverage and limitsprovided by Contractor and availableor applicableto thisContract are intended to apply to the fullextentof the policies.Nothing contained in this Contract or any other agreement relatingto City or its operations limits the applicationof such insurance coverage.
Coverage Renewal. Contractorwillrenew 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 proofthatpoliciesof insurance requiredherein expiringduring the term of this Contract have been renewed or replaced with other policies providing at leastthe same coverage. Proof that such coverage has been ordered shallbe submitted priorto expiration.A coverage binder or letterfrom Contractor’sinsurance agent to thiseffectis acceptable.
A certificate of insurance and/or additional insured endorsement as required in these specificationsapplicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expirationof the coverages.
G.
H.
I.
J.
Perry’s Truck and Equipment Repair LLC Page C-5
EXHIBIT D
Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-25), Grant No. C25S0606
Perry’sTruck and Equipment Repair LLC Page D-1
state of California- NaturalResources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
Cityof Newport Beach
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-25)
$100,000.00
GRANTEE:
GRANT TITLE:
GRANT AMOUNT:
C25S0606GRANT NUMBER:
\\\l0throughSeptember 30.2027GRANT TERM;
The Grantee agrees to the terms and conditionsof thisagreement, hereinafterreferredto as Agreement, and the Stateof California,actingthroughitsDirectorof the Department of Parks and Recreation,and pursuant to the State of Californiaagrees to fund the totalStategrantamount 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”.
Agency: DepartmentofParksand Recreation
Divisionof Boating and Waterways
ATTN: Gina Disney
Grantee: Cityof Newport Beach
Address: 4940 Lang Ave., Dock H.
Administration, Floor 12
McClellan, CA
Address; 100 Civic Center Drive,
Newport Beach. CA 92627
152
Authorized Signature;Authorized Signature:
Printed Name;
Title of Authorized
Representative:
Date:
Keren DillPrinted Name:
StaffServices Manager IITitle:
Date:
APPROVED AS OT FORM:
CRY ATTORNEY’S OFFICE
Date;
A
By;
Aaron CL Harp. C mey
\D ^ v**AC
Corlr8et#C2SS0606, OtyoTNowport Baacft,Sufrenderadand Abandoned VesselExchange (SAVE) FiscalYBar202S/2026,Date;09/18/2025Page: lot46
CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
Cityof Newport Beach
FY 2025/26 Surrendered and Abandoned Vessel Exchange (SAVE) GRANTEE:
GRANT TITLE:
GRANT AMOUNT: $100,000.00
C25S0606GRANT NUMBER:
September 30, 2027END DATE:
PROJECT NO
3790OTHER
SUPPLIER ID
0000035109
AMENDMENT NOAGREEMENT NO
C25S0606
AGENCY BILLING CODE NO
053709
FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-25)
AMOUNT
ENCUMBERED BY
THIS DOCUMENT
$100,000.00
FISCAL YEAR
2025/26
CHAPTER STATUTEApprop. Ref. Fund
3790-101-0577
REPORTING
STRUCTURE
37900709
202504
ALT ACCOUNT
5432000000
ACCOUNT
5432000
ACTIVITY CODE
69996
PROGRAM
2855023
BUSINESS UNIT
3790
ContractItC25S0606. CityofNewport Beach.Surrenderedand Abandoned Vessel Exchange (SAVE) Rscal Year 2025/2026,Date;09/18/2025Page: 2 of46
STATE OF CALIFORNIA
Department ofParks and Recreation,Divisionof Boatingand Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2025/26
EXHIBIT A - PROJECT REPRESENTATIVES
The servicesshallbe performed inthejurisdictionof;Cityof Newport Beach Grantee (Agency Name):
Cityof Newport Beach
State Agency;
Divisionof Boating and Waterways
Grantee Representative*;Paul BlankName: Gina Disney
Title: HarbormasterTitle;Grants Program Manager
MailingAddress;
100 Civic Center Drive,
Newport Beach, CA 92627
Address:
4940 Lang Ave.,Dock H,Administration,Floor12
McClellan, CA 95652
Remit to Address:
Phone: (949)270-8159Phone: (916)902-8821
Fax;Fax:
Email; [email protected]:[email protected] Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/16/2025Page: 3 of 46 INDEX
PAGEDESCRIPTION
EXHIBIT B GRANT TERMS AND CONDITIONS
PURPOSE OF THE PROGRAM 61.
7RIGHT OF INSPECTION2.
7ANNUAL MEETING3.
7TIMELINES4.
7HAZARDOUS MATERIALS5.
7TITLES AND LIENS6.
7GRANTEE CITATIONS - ABANDONED VESSELS7.
7MEDIA8.
8MEDIA MATERIALS RELEASE9.
8PERMITS AND DOCUMENTATION10.
911. SECURING OF BIDS
9CONTRACTS WITH SERVICE PROVIDERS12.
9SUBCONTRACTORS13.
9TRAFFIC CONTROL AND TRAFFIC SAFETY14.
9AIR OR WATER POLLUTION VIOLATION15.
9ENTIRE AGREEMENT16,
9APPROVAL OF AGREEMENT AND AMENDMENTS
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
REQUIREMENT
17. 1018.
10AUTHORITY TO CONTRACT19.
10COMPLIANCE WITH LAW AND REGULATIONS20.
10INDEPENDENT CONTRACTOR21.
10INSURANCE REQUIREMENTS22.
1323. TERMINATION
13ASSIGNMENT24.
13MATCHING 10% REQUIREMENT25.
BUDGET DETAIL AND PAYMENT PROVISIONS 1426.
16BUDGET CONTINGENCY CLAUSE27.
16INDEMNIFICATION28.
17FUNDS ASSIST29.
1890-DAY RETURN OF GRANT DOCUMENTS TO DBW30.
Contract# C25S0606. Cityof Newport Beach. Surrendered and Abarxioned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 4 of46 1831. ANTI-CORRUPTION
1832. AQUATIC INVASIVE SPECIES
19GENERAL TERMS AND CONDITIONSEXHIBIT C
GRANTEE CERTIFICATION CLAUSES 23EXHIBIT D
27DARFUR CONTRACTING ACTEXHIBIT E
Contract# C25S0606. CityofNewport 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 Navigation Code (HNC) section525(1)(a), the Divisionof Boating and Watenways (DBW) wishes to contract with Grantee for the removal and disposalof;
Abandoned propertyas described in 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 entityhaving jurisdictionor control over those lands, without itsconsent expressed by resolutionof itslegislativebody, fora periodlongerthan 30 days withouta watchman or otherperson being maintained upon or near and in charge of the property,is abandoned property.”
Surrendered vessels as defined in HNC 526.1(2)
HNC Section 526.1: “surrendered vessel” means a recreationalvessel that the verifiedtitleholderhas willinglysurrendered to a willingpublic agency under both of the followingconditions;
The publicagency has determined,initssolediscretion,that the vesselisindanger ofbeingabandoned, and thereforehas a
likelihoodof causing environmentaldegradationor becoming a hazard to navigation.
The decisionto accept a vesselisbased solelyon the potentialof the vesseltolikelybe abandoned and cause environmental
degradationor become a hazardtonavigation.”
Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantialhazard to navigation, from navigablewatenways 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 includethose vessels forwhich the most recent registrationor documentation was commercial, even though thatregistrationor documentation may have lapsed.
IfGrantee is reimbursed for the costs related to the surrender, abatement, removal, storage,and/or disposalof an eligiblewater hazard by the registeredor legalowner or otherperson or entityknown to have an interestinthe water hazard, then the water hazard shallno longer be eligibleforfunding under thisAgreement. Grantee shall notifyDBW Inwritingof such reimbursement and shallreturn allfunds disbursed by DBW to Grantee with respect to such water hazard immediately.
Vessels 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.
Contraa #CZ5S06O6, CityofNewport Bsach, Surrenderedand Abandoned Vessel Exrdiange(SAVE) FiscalYear 202512026.Date;09/18/2025Page: 6 of 46 vesselsare eligibleforSAVE funding.
RIGHT OF INSPECTION2.
Grantee shallallow DBW and other stateagency representatives,at any reasonable time, to inspect any sitewhere Grantee or itssubcontractors are performing work under this Agreement.
ANNUAL MEETING3.
Grantee'srepresentativeor alternateshallparticipatein an annual grant management and regionalcoordinationone-day videoor phone conferenceconducted by DBW during the term of thisagreement.
TIMELINESS
Grantee agrees to complete the scope ofwork submittedinitsapplicationina timelyfashion.
HAZARDOUS MATERIALS
Grantee shallbe responsible for securing any necessary or prudent studies,permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including,but not limitedto,toxicwaste, petroleum waste, asbestos, and similarsubstances, priorto the removal of any vessel and water hazard pursuant to this Agreement.
4. 5.
Grantee shall be responsible for the proper and lawfulhandling, abatement, removal, storage,and/or disposalof any hazardous substances encountered in the execution of this Agreement.
TITLES AND LIENS6.
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.
a.
Surrendered vessels: Grantee shallcomply with allrelevant provisions of Harbors and NavigationCode section526.1 inthe performance of thisAgreement, requiring that a surrendered vessel be that of the “verified titleholder ” b.
Grantee shallcomply with allDepartment of Motor Vehiclesnotificationrequirements relatedto the disposalof vesselsand trailers.
GFtANTEE 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 removaland 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, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/20Z6, Date:09/18/2025Page; 7 of46 MEDIA MATERIALS RELEASE9.
Grantee agrees to irrevocablygrantto CaliforniaState Parks, Division of Boating and Watenvays.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 submittedto DBW for art.editorial,advertising, marketing,trade,broadcast,print,educationalprograms, or any other lawful purpose whatsoever, inany and allmedia. In connection withthe foregoing license,the Grantee agreesnottouse,reproduce,adapt,ordisplaythePhotographs, or allowothersto do so,in a manner thattends to subjectDBW or itsAbandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP)and/orSurrenderedand Abandoned Vessel Exchange (SAVE) programs toridicule,disparagement,mockery, satire,or thatcould tarnish theimage oftheDBWs AWAF, VTIP,and/orSAVE programs.Grantee hereby releases and dischargesDBW from any and allclaimsand demands arisingout of or In connection with the use of the Photographs, includingwithoutlimitations,any and allclaims for libel, defamation,invasionofprivacy,and/orpublicityrights.DBW assumes no responsibilityfor lostor damaged Photographs or forthe use of same. DBW may sell,assign, license,or transferallrightsgranted to ithereunder.
Grantee also grantsDBW and itslicenseesthe unrestrictedrightto use and disclose its name inconnectionwithuse of the Photographs. The Grantee understands that itwillnot be paidforany use or rightgrantedherein.
Grantee understands and agrees thatthe Photographs may be used in whole or in part,at any time.The licensegrantedhereintoDBW includesthe rightand permissionto conduct or have conducted such alterationsto the Photographs as DBW deems necessary. Grantee releasesand dischargesDBW and agrees to Indemnifyand hold DBW harmless from any liabilityby virtueofany blurring,distortion,alteration,opticalillusionor use incompositeform, loss or damage, whether intentionalor otherwise, that may occur in the use of the Photographs. Grantee waives any rightto inspect or approve any finished product, advertisingorothercopy thatmay be used inconnectiontherewithor the use to which itmay be applied.
Grantee declares and avows thatthe Photographs itissubmittingto DBW are itsown original work inailrespects.Grantee isthe sole and exclusiveowner of the Photographs; they are free,clear,and unencumbered. No partof them istaken from or based on any other work; no partinfringesthe copyrightor any otherrightof any person; and the reproduction, publication,exhibition,orany otheruse by DBW ofthe Photographs inany form whatever will not inany way, directlyor indirectly,infringeon the rightsof any person.Grantee agrees to indemnify and hold DBW harmless from and against any and allloss, damage, costs, charges, legalfees,recoveries,judgments, amounts paid in settlement,penalties,and expenses thatmay be obtainedagainst,imposed on, or sufferedby DBW by reason of (1) any violationor infringementof any proprietaryrightor copyright;or (2) any libelousor unlawfulmatter contained inthe Photographs. Grantee also agrees to indemnify and hold DBW harmlessforany such amounts arisingfrom itsbreach of any covenant,representation, or warranty of thisagreement.
10. PERMITS AND DOCUMENTATION
Priorto the removal of any abandoned vessel,eligiblewater hazard, or surrendered vessel.
CcKilraot# C25S0606. CityofNawport Beach, Surrenderedand Adendoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025 Page: 8 of 46 Grantee shallobtain allnecessary permits,authorizations,and documentation necessitated by any applicableprovisionof law.
SECURING OF BIDS11.
Grantee shallcomply with any applicablelaws and regulationsgoverning the competitive biddingprocess when awarding subcontractsunder thisAgreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitationsfor bid and independent cost estimates.
CONTRACTS WITH SERVICE PROVIDERS12.
All contracts/executed agreements with service providers for which grantee willrequest reimbursement must be inwritingand shallbe executed (signed)priorto commencement of any and allwork completed. Upon request,grantee shallprovideDBW copies of allexecuted 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 liabilityinsurance coverage sufficientto fullyinsureagainstany and allrisksof hazardous activitiesassociated with the work to be performed under thisAgreement; and Grantee agrees thatifany of Grantee'scontractorsor subcontractorsfailto fulfillany of these requirements, that Grantee itselfcarriesgeneral commercial liabilityInsurance coverage sufficientto fullyinsure against any and allrisksof hazardous activitiesassociated with the work to be performed under thisAgreement, whether performed by the Grantee, Grantee’s contractor(s),or Grantee’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
13. 14.
Grantee shall provide for adequate trafficcontroland safety measures at any sitewhere Grantee and itssubcontractors willperform any work under thisAgreement.
AIR OR WATER POLLUTION VIOLATION15.
Grantee warrants thatitisnot (1)in violationofany order or resolutionnot subjectto review promulgated by the StateAirResources Board or an airpollutioncontroldistrict;(2)subject to any cease and desistorder not subjectto review issued pursuant to Water Code section 13301 forviolationof waste discharge requirements or discharge prohibitions;or (3)finally determined to be in violationof provisions of federal law 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 inwriting,signed by the partiesand approved as required.
APPROVAL OF AGREEMENT AND AMENDMENTS
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# C2SS0606, CityofNewport Beach, Surrenderedand AbatKkined VesselExchange (SAVE) FiscalYear 2025/2026.Data:09/18/2025Page: 9 of 46 agreement.
AUTHORITY TO CONTRACT19.
Grantee must provide DBW with evidence of itsauthorityto enter into this Agreement.
Grantee may providea deiegationofcontractingauthorityfrom itslocaigoverning body that by law has authoritytocontract.Alternativeiy,GranteeshallprovideDBW witha resolution, order,motion,or ordinance of 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 allsubcontractors with; (a)applicableprovisionsoftheCaliforniaEnvironmentalQualityAct;(b)Nondiscrimination Program requirementsofGovernment Code section12990 (a-f)and Title2, CaliforniaCode of Regulations,section8103 (and section8113 incontractsover $5,000) along withsection 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 requirementof 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 employeesofDBW oragentsoftheStateofCalifornia.
22. INSURANCE REQUIREMENTS
The abatement, removal, storage,and /ordisposalof vessels under thisAgreement is a hazardous activity.Grantee thereforemust maintaincommercial general liabilityinsurance in amount and of a type acceptable to DBW and to the Department of General Services/ Officeof Risk and Insurance Management (GRIM).
GENERAL PROVISIONS APPLYING TO ALL POLICIES
(1) Coverage Term
Coverage needs tobe inforceforthecompleteterm of the Agreement. Any new insurance must stillcomply withthe originalterms of the grant and be provided to DBW upon request.
Policycancellationortermination& noticeofnon-renewal
Insurance policiesshallcontaina provisionstatingcoverage willnot be cancelled without 30 days priorwrittennoticeto the DBW. In the event Grantee failsto keep ineffectatalltimesthe specifiedinsurance coverage, the DBW may, inadditiontoany otherremedies itmay have, terminate this Agreement upon the occurrenceof such event,subjectto the provisionsof thisAgreement.
an
a.
(2)
Deductible(3)
Grantee is responsible for any deductible or self-insuredretention contained within their insurance program.
Primary clause(4)
Corlracl« C25S0606, CUy ofNewport Beach, Surrenderedand Abandoned VesselExchange (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)
Ailinsurancecompanies must carrya ratingacceptableto ORIM. If the Grantee is seif-insuredfor a portion or allof itsinsurance, review of financiaiinformationincludinga letterof creditmay be requiredby DBW or ORIM.
Endorsements(6)
Any requiredendorsements requestedby the DBW must be physically attachedto allrequestedcertificatesof insuranceand not substituted by referringtosuch coverageon the certificateofinsurance.
(7) Inadequate Insurance
Inadequateorlackofinsurancedoes notnegatetheGrantee’s obligations under the Agreement.
Use of Subcontractors(8)
In the case of Grantee’s utilizationof subcontractors to complete the contractedscope of work. Grantee shallincludeallsubcontractors as insured'sunder Grantee’s insurance or supply evidence of subcontractor’s insuranceto the Statewhen requestedequal to policies,coverages, and limitsrequired of Grantee.
INSURANCE REQUIREMENTS
Commercial General Liability
The Grantee shallmaintaingeneral liabilityon an occurrence form with limitsof not less than $1,000,000 per occurrence forbodily injuryand propertydamage liabilitycombined witha $2,000,000annual policy aggregate.The policyshallincludecoverageforliabilitiesarisingout of premises,operations,independentsubcontractors,products,completed operations,personaland advertisinginjury,and liabilityassumed under an insuredagreement.Thisinsuranceshallapplyseparatelyto each insured againstwhom claimismade orsuitisbroughtsubjectto the Grantee’s limit ofliability.The policymust include:
"The State of California,itsofficers,agents, employees and servants as additionalinsureds,but only with respect to work performed under the agreement."
Thisendorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.
In the case of Grantee’s utilizationof subcontractors to complete the contractedscope of work. Grantee shallincludeallsubcontractors as insured’sunder Grantee’s insurance or supply evidence of insurance to the Stateequaltopolicies,coveragesand limitsrequiredof Grantee. b.
(1)
Automobile Liability(2)
The Grantee shallmaintain motor vehicle liabilitywith limits not less than $1,000,000combined singlelimitper accident.Such insurance shall cover # C25S0606, CityofNewport Beach. Surrenderedand Abandoned VesselExchange(SAVE) FiscalYear2025(2026,Date:09/18/2025Page: 11 of46Contract liabilityarisingout of a motor vehicleincludingowned, hired and non- owned motor vehicles.
Watercraft Liability(3)
The Grantee shallmaintain watercraftliabilityinsurance with limits not less than $1,000,000 combined singlelimitper accident.Such insurance shall cover liabilityarisingout of the maintenance and use of any watercraft (owned, hiredor non-owned).The policymust include;
"The State of California,itsofficers,agents, employees and servants as additionalinsureds,but only with respect to work performed that is connected withor relatedto the activitiescontemplated In thisAgreement." This endorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.
Workers Compensation and EmployersLiability(4)
The Grantee shall maintain statutoryworker's compensation and employer’sliabilitycoverage forallitsemployees who willbe engaged in the performanceoftheAgreement.Employer'sliabilitylimitsof $1,000,000 are required.The insurerwaives any 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.Grantee shallprovidecoverageforallitsemployees for any injuriesor claimsunder the U.S. Longshoremen's and Harbor Workers’ Compensation Act,the Jones Act or under laws,regulations,or statutes applicabletomaritimeemployees.By signingthisagreement,Grantee acknowledges compliance with these regulations.
ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shallmaintainPollutionLiabilityforlimitsnot less than $1,000,000 occurrencecoveringthe Grantee’sliabilityforbodilyinjury,propertydamage and environmentaldamage resultingfrom pollutionand relatedcleanup costs incurred arisingoutofthework orservicestobe performedunder thisagreement. The policy must include;
"The StateofCalifornia,itsofficers,agents,employees and servants as additional insureds,butonlywithrespecttowork performedunderthe agreement." This endorsement 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 is self-insuredfor a portionor ailof itsinsurance, the Grantee shall provideevidenceofself-insurancewhen requestedby DBW. Review of financial informationincludinga letterof creditmay be required.The DBW reserves the right to request financialinformation.
c.
d.
Contract#C25S0606. CityorNewport Beach, Surrendefedand AbandonedVesselExchange (SAVE)FiscalYear2025/2026,Date;09/18/2025 Page: 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;
: (Sf/AOe-
23. TERMINATION
DBW may terminatethisAgreement forany reason upon thirty(30) days written notice to Grantee.
a.
Ifthe Grantee failsto keep the requiredinsurancein effectat alltimes during the term of thisagreement, DBW may, inadditionto otherremedies itmay have, terminate thisagreement upon two days' writtennotice.
DBW may, by two-daywrittennoticetoGranteeand withoutany prejudiceto itsother remedies, terminatethisagreement because of failureof Grantee to fulfillany of the requirements of thisagreement.
Upon receiptofany 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 terminationdate.
b.
c.
d.
24. ASSIGNMENT
This Agreement isnot assignableby 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
Section525(C) ofthe Harbors and NavigationCode states.“A grantawarded by the department pursuanttosubparagraph (A)shallbe matched by a 10% contribution from the localagency receivingthe grant."
b. The 10% contributionis in addition to funds awarded inthe grantand may be made by cash and/orin-kindcontributionsfromagency’spersonnelhours (nethourlyrate onlywithno benefitsincluded)forwork completed directlytoward SAVE program objectives.OtherSAVE-relatedexpenses may be used with advance DBW approval in writing.
Ifusingpersonnelhours forin-kindmatch, onlynet.raw hours willbe accepted, and verificationof in-kindcontributionis required 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-throughfunds.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;
(1) Activitydate
Vessel/issue name or description
Personnel name
a.
c.
(2)
(3)
Conlract#C25S0606, CityofNawport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2025Page: 13 of46 DescriptionofSAVE program serviceprovided
Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
Hourlyrateand totalvalue
(4)
(5)
(6)
The burden of proofincompiying withthe 10-percentcontributionrequirement isthe responsibilityof the grantee.Funds willnot be disbursed untilthe grantee has providedDBW withacceptabledocumentationthatitcompiied with the 10-percent contributionrequirement foreach disbursement.
BUDGET DETAIL AND PAYMENT PROVISIONS
Covered Expenses and Reimbursement Claims Processes
Rates charged by the Grantee's service providers,contractors,or subcontractorsshallbe pre-negotiatedwith the Grantee and documented in writing.DBW willreimburse the 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/orriggingremoval ifvessel isinwaters greaterthan 15 feet deep at low water.
Vessel removal from accessible locations
Hazardous materials(hazmat)removal and disposal
Towing
Storage
d.
26 a.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
Without liensale:60 days maximum
With liensale:90 days maximum withjustification
Ifstoredonsiteat Grantee’sfacility,100% ofthe normal rate ofchargetothepublicmay be used tosatisfythe 10% in
kindmatch requirement,and fee schedule isrequiredfor
verification.
I.
Lien sale expenses: fees charged by liensale servicecompanies, postage, DMV fees,and advertisingcosts
Publicnoticeadvertising
Vessel appraisal
Salvage and demolition
Rates charged by the Grantee’s service providers,contractors,or subcontractorsshallbe pre-negotiatedwith the Grantee and documented inwriting.DBW willreimbursethe followingcontract-negotiatedrate expendituresprovided by Grantee’s contractedserviceproviders, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
(g)
(h)
(i)
G)
(2)
Conlr3Ct#C25S0606, Cityo(Newport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025(2026.Date:09/18/2025Page; 14 of 46 (a) Vessel and/orhazardous materialremoval and disposal (b) One tow to destructionsite
(c) Demolition
(d) Raisingof submerged surrenderedvesselsmay only be reimbursed with DBW’s advanced writtenapproval
Other expenses may be considered with advance writtenapproval from DBW.
Ineligibleexpenses includehand tools,consumables, grantee directstaffing, time and materials from subcontractors, etc.without priorwrittenapproval from DBW.
Reimbursement claim forms:
Reimbursement claim forms are available in DBW’s Online Grant ApplicationSystem (OLGA) or upon request. Grantee must signand date each 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 of Grantee
(b) Contract or invoicenumber
(c) Descriptionofserviceperformed
(d) Date the servicewas performed
(e) Location of each service
(f) Vessel name, CF# or HIN# ifavailable;otherwise,descriptionof vessel Proof of payment for allInvoices.
The followingacceptableforms of proofare:
(a) Cancelledcheck (withbank’scancelledstamp on back of check copy) (b) Copy ofcreditcard statementcharge slip
(c) Invoicesfrom sen/iceprovidershowing zero balance,
(d) Proof of Accounting Clearing House (ACH) or Electronictransfer showing date, amount and transactionconfirmationnumber. 10% in-kind match contribution statement:
(a) ifGrantee ismatching the 10% requirementwith in-kind services, complete the DPR265 Itemized10% In-kindContributionStatement located in OLGA or 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. Cityof Newport Beach, SurreiKleredand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 15of46 entiretyand signed by the vessel owner(s) and the SAVE agency representative This form can be downloaded from OLGA.
One proofof vessel ownership must be provided.This can be a copy of the Certificationof Ownership (title/pinkslipor Coast Guard document) signed by the owner, DMV registrationform, or a DMV issued junk slip.Power of Attorney or DMV issued marina liendocuments showing the marina has legalinterestare also acceptable. Keep the originalsand provide DBW with copies.
The Grantee must obtaina signed DBW Release of Interestform from all known interestedpartiespriorto the removal, destruction,or disposal of any vessel funded under thisAgreement. This includes,but is not limited to,any legalowner, registeredowner, lienholder,or individualor entitywith a documented financialor legalclaimto the vessel,includingthose owing penaltiesor back taxes.
NOTE: Vessel ownership verificationisrequired;however, itisnot required thatboat owners bringtheirregistrationup to date to surrender their vessel through the VTIP.
DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incidentreports,internalroutingforms,accountingjournals,etc.
Submit one (1)hard copy and one (1)electroniccopy of each reimbursement claim form and allsupportingdocumentation to:
Division of Boating and Waterways
PO Box 942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email:[email protected]
Submission of 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 inlieuofa reimbursement request.
Allfinalrequestsforpayment must be submittedtoDBW 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 not appropriatesufficient 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 furnishany other considerationsunder thisAgreement and Grantee shallnot be obligatedto 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# C25S0606, CityofNewport Beach.Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date;09/18/2025Page: 16 Of 46 the reduced amount.
28. INDEMNIFICATION
DPR shall not be answerable or accountable in any manner for,any loss or expense by reason of any damage or injuryto person or propertyarisingout of or relatedinany way to activitiescarried out by Grantee, itsagents, officers,contractors, subcontractors and/or employees.
Under thisAgreement, Grantee shallprotect,hold harmless,indemnify and defend DPR, its agents, officers,and/or employees againstany and allactions, claims, and damages to persons or property,penalties,obligationsand liabilitiesthatmay be asserted or claimed by any person,firm,association,entity,corporation,politicalsubdivision,or otherorganizationor person arising out of or in connection with Grantee or Grantee’s contractor's or subcontractor's activitieshereunder, whether or not there isconcurrent passive negligence on the partof DPR, itsagents,officers,and/or employees.
29. FUNDS ASSIST
The Funds Assistprocess enables grantees with unused funds to assistother participating SAVE agencies in need. For up to six(6) months priorto the expirationdate of the grant.
Funds Assistant is voluntary. Thereafter, at DBW’s discretion,participationshall be mandatory forgrantees withanticipatedremaining balances.Failure to participateshall negativelyaffectgrantee’sscoreon futuregrantapplicationsfora period of up to three (3) years.
The Funds Assist process works as follows:
DBW willemail allgrantees to identifyiffunding willgo unused or ifallfunding is needed. Grantee shallrespond with a confirmation;allfunds willbe utilized,ifallfunds willgo unutilizedand how much, or iffunds are needed and how much. DBW will prepare grant amendments to reduce or add funds to grantees as appropriate.
Grantee shall execute amendments in a timely manner,
b. Ifgrant amendments are not possible, DBW may require collaboration and reimbursement between agencies. Specificsforthisprocess willbe discussed with participatingagencies when needed.
30. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returnedwithin90 days of the date of issuanceaccordingto the instructionsissued by DBW with the grant agreement. Ifextenuatingcircumstances prevent the 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 to the existence or balance of a SAVE grant in order to increase theirfee(s).Such serviceproviders may be Investigatedforpricegouging.Ifinvestigated,a two-yearhistoryof charges appliedto work of allknown SAVE grant work by thatcontractorwillbe requiredby DBW forreview. a.
32. AQUATIVE INVASIVE SPECIES
Grantees are required to ensure thatthey and alltheirsub-contractors take allnecessary precautionsto preventthespread ofaquaticinvasivespecieswhen removing and transporting Contract# C25S0606, CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2026,Date;09/18/2025Page: 17 of46 vessels and other marine debris.At minimum, precautions willinclude drainingallwater and ensuring thatmaterialisdry priorto transportingfrom the water to a land-based location.
Guidelines for preventing the spread of aquatic invasive species can be found at; dbw.parks.ca.gov/mussels.
ContraclU C25S0606, CityofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page; 18 of46
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
ThisAgreementisofno forceoreffectuntilsignedby bothpartiesand approvedby the DepartmentofGeneralServices,ifrequired.Granteemay not commence performance until such approval has been obtained.
EFFECTIVE DATE:
Effectivedatemeans eitherthestartdateortheapprovaldate by the Department of General Services (DGS), whichever islater.In cases where DGS approvalisnot required,this Agreement isof no force or effectuntilthe date of the lastDBW signature.No work shall commence untilthe effective date,
AMENDIVIENT:
No amendment orvariationofthetermsofthisAgreementshall be valid unless made in writing,signedby thepartiesand approvedas required.No oralunderstandingorAgreement notincorporatedintheAgreementisbindingon anyof the parties.
ASSIGNMENT:
ThisAgreement isnotassignableby the Grantee,eitherin whole or in part,without the consent of the State in the form of a formal writtenamendment.
AUDIT:
Granteeagreesthattheawardingdepartment,theDepartmentof General Services,the BureauofStateAudits,ortheirdesignatedrepresentativeshallhave the irghtto review and tocopyany recordsand supportingdocumentationpertainingto the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three(3)yearsafterfinalpayment,unlessa longerperiod of records retention Is stipulated.Granteeagreestoallowtheauditor(s)access to such recordsduringnormal businesshoursand toallowinterviewsofany employeeswho might reasonablyhave informationrelatedtosuch records.Further,Grantee agrees to includea similarrightof the Statetoauditrecordsand interviewstaffinany subcontractrelatedto performance of this Agreement.(Gov.Code §8546.7,Pub.ContractCode §10115 etseq., CCR Title2, Section 1896).
INDEMNIFICATION:
Grantee agrees to indemnify,defend and save harmlessthe State,itsofficers,agentsand employeesfrom any and allclaimsand lossesaccruingor resultingto any and all contractors,subcontractors,suppliers,laborers,and any otherperson,firmor corporation furnishingor supplyingwork services,materials,or supplies in connection with the performanceofthisAgreement,and fromany and allclaimsand lossesaccruingorresulting toany person,firmorcorporationwho may be injuredor damaged by the subcontractoror GranteeintheperformanceofthisAgreement.
DISPUTES:
GranteeshallcontinuewiththeresponsibilitiesunderthisAgreement duringany dispute.
TERMINATION FOR CAUSE:
The Statemay terminatethisAgreement and be relievedof any payments should the GranteefailtoperformtherequirementsofthisAgreement at the time and in the
2. 3.
4. 5.
6. 7.
8. manner
Contract«C25S0606, CityofNewport Beech,SurrenderedatxiAbandoned VesselEnchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page; 19 of 46 hereinprovided.Inthe event of such terminationthe State may proceed withthe work inany manner deemed proper by the State.Allcosts to the State shallbe deducted from any sum due the Grantee under thisAgreement and the balance,ifany, shallbe paid to the Grantee upon demand.
RECYCLING CERTIFICATION:
The Grantee shall certifyin writingunder penalty of perjury,the minimum, ifnot exact, percentageofpost-consumermaterialas definedinthe Public Contract Code Section 12200, inproducts,materials,goods, or suppliesofferedor sold to the State regardless of whether theproductmeets the requirementsofPublicContractCode Section 12209. With respect to printeror duplicationcartridgesthatcomply withthe requirements of Section 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 that the evaluation and treatment of theiremployees and applicantsforemployment are free from such discrimination and harassment. Grantee and subcontractors shallcomply withtheprovisionsof 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 regulationsor 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 ascertaincompliance with thisclause.Grantee and itssubcontractors shall give written noticeof theirobligationsunder thisclause to labororganizationswith which they have a collectivebargainingor other Agreement.(See Cal.Code Regs., tit.2, §11105.) Grantee shallinclude the nondiscriminationand compliance provisionsof thisclause inall subcontractsto perform work under the Agreement.
9. 10.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are herebyincorporatedby referenceand made a partofthisAgreement by thisreferenceas if attached hereto.
12. TIMELINESS:
Time isof the essence inthisAgreement.
13. COMPENSATION:
The considerationto be paid Grantee, as provided herein,shallbe incompensation forallof Grantee’sexpenses incurredinthe performance hereof,as outlinedin ExhibitB, item #24.
ContractU C25S0606. City01NewportBeach.Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025(2026,Data;09/18/2025Page: 20 of 46
14. GOVERNING LAW:
ThisAgreementisgovernedby and shallbe interpretedin accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Granteeby signingthisagreementherebycertifiesthatifthese servicesor goods are obtained by means of a competitivebid,the Grantee shailcompiy withthe requirementsof the Government Codes Sections set out below.
The Government Code Chapter on Antitrustclaimscontainsthe followingdefinitions:
"Publicpurchase"means a purchaseby means ofcompetitivebids of goods,services,ormaterialsbytheStateoranyofitspoliticalsubdivisions orpublicagencieson whose behalftheAttorneyGeneralmay bring actionpursuanttosubdivision(c)of
Section16750 ofthe Businessand ProfessionsCode.
"Publicpurchasingbody" means the Stateor the subdivision making a publicpurchase. Government Code Section 4550.
Insubmittinga bidtoa publicpurchasingbody,thebidderoffersand agrees thatif thebidisaccepted,itwillassigntothepurchasingbody allirghts,title,and interestin and toallcauses ofactionitmay have underSection4 ofthe ClaytonAct (15 U.S.C.
Sec.15)orundertheCartwrightAct(Chapter2 (commencingwithSection16700) of Part2 of Division7 ofthe Business and ProfessionsCode), arisingfrom purchases of goods, materials,or servicesby the bidderforsaleto the purchasing body pursuant to the bid.Such assignment shallbe made and become effective at the time the purchasingbody tendersfinalpayment tothe bidder.Government Code Section 4552.
Ifan awardingbody orpublicpurchasingbody receives,eitherthroughjudgment or settlement,a monetary recoveryfora cause of actionassigned under thischapter, the assignorshallbe entitledto receivereimbursement foractuallegalcostsincurred and may, upon demand, recoverfromthepublicbody any portionof the recovery, includingtrebledamages,attributabletooverchargesthatwere paid by the assignor butwere notpaidby the publicbody as partofthe bid price,less the expenses incurredinobtainingthatportionoftherecovery.Government Code Section 4553.
Upon demand inwritingby theassignor,theassigneeshall,withinone year from such demand, reassignthecauseofactionassignedunder thispartifthe assignor has been ormay have been injuredby theviolationof law for which the cause of actionaroseand (a)theassigneehas notbeen injuredthereby,or (b)the assignee declinestofilea courtactionforthe cause ofaction.See Government Code Section 4554.
16. 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) or agency
b.
c.
d.
a.
Coniract# C2SS0606. CityofNewportBeach,Surrerxleredand AbandonedVesselExchange(SAVE)FiscalYear2025/2026,Date:09/18/2025Page: 21 of46 compliancewithearningsassignmentorders,as providedin Chapter 8 (commencing with section5200) of Part 5 of Division9 of the Family Code; and b. The Grantee, to the best of itsknowledge is fullycomplying with the earnings assignmentordersofallemployees and isprovidingthe names of allnew employees to the New 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 affectedthereby.
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,thenGranteemust within60 days ofreceivingfinalpayment under this Agreement(orwithinsuch othertimeperiodas may be specifiedelsewhere in this Agreement) reportto the awardingdepartmentthe 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 within60 days of receivingfinalpayment underthisAgreement (orwithinsuch other time period as may be specifiedelsewhereinthisAgreement)certifyin a reportto the awarding department;(1)thetotalamount the primeGranteereceived under the Agreement; (2)thename and addressoftheDVBE(s)thatparticipatedin the performance of the Agreement;(3)theamount each DVBE receivedfromtheprime Grantee; (4)thatall payments undertheAgreement have been made totheDVBE; and (5)the actual percentageof DVBE participationthatwas achieved.A person or entitythat knowinglyprovidesfalseinformationshallbe subjectto a civilpenalty for each violation.(Mil.& Vets.Code § 999.5(d);Govt.Code § 14841.) a.
b.
20. LOSS LEADER:
Ifthisagreement involvesthe furnishingof equipment,materials,or supplies then the followingstatementisincorporated:Itisunlawfulforany person engaged inbusinesswithin 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, CHy o»Newport Beach. Surronderedatx)Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page; 22 of46
EXHIBIT D
GRANTEE CERTIFICATION CLAUSES
I,the officialnamed below. CERTIFY UNDER PENALTY OF PERJURY thatIam dulyauthorizedto legallybindtheprospectiveGranteetotheclause(s)listedbelow. This certificationis made under the laws of the State of California.
Grantee Agency Name (Printed) Federal ID Number
City of Newport Beach 95-6000751
By (AuthorizedSignature)
Lcu/[^PrintedName and TitleofPerson Signing
Date Executed Executed inthe County of
Orange
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unlessexempted, complied withthe nondiscrimination program requirements. (Gov,Code §12990 (a-f)and CCR, Title2,Section11102)(Notapplicableto publicentities.) DRUG-FREE WORKPLACE REQUIREMENTS:2.
Grantee willcomply withthe requirementsoftheDrug-FreeWorkplace Act of 1990 and will providea drug-freeworkplaceby takingthe followingactions:
Publisha statement notifyingemployees thatunlawfulmanufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifyingactionsto be taken against employees for violations.
Establisha Drug-FreeAwareness Program toinformemployees about:
the dangers of drug abuse inthe workplace;
the person'sor organization'spolicyof maintaininga drug-freeworkplace; any availablecounseling,rehabilitationand employee assistanceprograms; and,
penaltiesthatmay be imposed upon employees fordrug abuse violations.
Every employee who works on the proposed Agreement will:
receivea copy ofthe 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 # C25S0606, Cityof Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page: 23 of46 NATIONAL LABOR RELATIONS BOARD CERTIFICATION:3.
Grantee certifiesthatno more than one (1)finalunappealable findingof contempt of courtby a Federalcourthas been issued againstGrantee withinthe immediately preceding two-year periodbecause of Grantee's failureto comply withan order of a Federal court, which orders Grantee to comply with an order of the NationalLabor RelationsBoard. {Pub. Contract Code §10296) (Not applicableto publicentities.)
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 Professions Code, effectiveJanuary 1, 2003.
Grantee agrees to make a good faitheffortto provide a minimum number of hours of pro bono legalservicesduringeach year of the agreement equalto the 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 legal services.
EXPATRIATE CORPORATIONS:
Grantee hereby declaresthatitisnot an expatriatecorporationor subsidiaryofan expatriate corporationwithinthe meaning of PublicContractCode Section 10286 and 10286.1, and is eligibletocontractwiththe Stateof California.
SWEATFREE CODE OF CONDUCT:
AllGrantees contractingforthe procurement or launderingof apparel, garments or correspondingaccessories,or the procurement of equipment, materials,or supplies, otherthan procurement relatedto a publicworks contract,declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced 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,convictlabor,indentured laborunder 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 Section 6108.
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.
Cortracl# C25S0606. CityofNewport Beach,Surrondanadand Abandoned VesselExchange (SAVE) FiscalYear Z025/2026,Dale:09/1512025 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 receivescompensationorhas a financialinterestand which issponsored or funded by any stateagency,unlesstheemployment, 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):
Forthetwo-yearperiodfrom thedatehe orshe leftstateemployment, no former stateofficer or employee may enterintoa contractinwhich he orshe engaged inany ofthe negotiations, transactions,planning,arrangements or any partofthe decision-making process relevantto the contractwhile employed in any capacityby any stale agency.
For the twelve-month periodfrom the date he or she leftstateemployment, no former state officeror employee may enter intoa contractwith any state agency ifhe or she was employed by thatstateagency ina policy-makingpositioninthe same general subject area the proposed contractwithinthe 12-month periodpriorto his or her leaving state service.
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 meetingofthe 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'sCompensationortoundertakeself-insurance in accordance with the provisions,and Grantee affirmsto comply withsuch provisionsbefore commencing the performanceofthework ofthisAgreement.(LaborCode Section 3700) as
2. Contract# C25S0606. CityoJNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscatYear 2025/2026.Data:00/18/2025Page: 25 of46 AMERICANS WITH DISABILITIES ACT:3.
Grantee assures the State thatitcomplies with the Americans with DisabilitiesAct (ADA) of 1990, which prohibitsdiscriminationon the basis of disability,as well as allapplicable regulationsand guidelinesissued pursuantto the ADA, (42 U.S.C. 12101 et seq.) GRANTEE NAME CHANGE:
An amendment isrequiredtochange the Grantee'sname as listedon thisAgreement. Upon receiptof legaldocumentationofthe name change theState willprocess the amendment.
Payment of invoicespresentedwitha new name cannotbe paid priorto approval of said amendment. Any changes ofthe Grantee'srepresentativeshall be notified to DBW within 30 days writtennoticeon Grantee’sletterhead.
CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
4. 5.
When agreements are to be performedinthe stateby corporations,the contracting agencies willbe verifyingthatthe Grantee iscurrentlyqualifiedto do business in California in order to ensure that allobligations due to the state are fulfilled. "Doing business"isdefinedinR&TC Section23101 as activelyengaging in any transactionforthe purpose offinancialor 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.
Agencieswilldeterminewhether a corporationisingood standing by callingthe Officeof the Secretary of State,
a.
b.
c.
RESOLUTION:6.
A county,city,district,or otherlocalpublicbody must provide the State with a copy of a resolution,order,motion, or ordinance of the localgoverning body which by law has authority toenterintoan agreement,authorizingexecutionofthe agreement.
AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shallnot be: (1)in violationof any order or resolutionnot subjecttoreviewpromulgatedby the StateAirResourcesBoard or an airpollutioncontrol district;(2)subjecttocease and desistordernotsubjecttoreview issuedpursuantto 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.
7. 8.
Contract# C25S0606, CityofNewport Beach,Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 26 of 46
EXHIBIT E - DARFUR CONTRACTING ACT
Ifyour agency hiresa contractorto complete work under thisgrant,the contractormust fillout and sign the Darfur ContractingAct form priorto executionof the contract.A Sample of The Darfur ContractingAct form isprovided on the next page; thisform (DGS PD 1) can also be downloaded from the CaliforniaDepartment of General Services website.
EffectiveJanuary 1,2009, allInvitationsfor Bids (IFB)or Requests forProposals (RFP) forgoods or services must address the requirements of the Darfur ContractingAct of 2008 (Act).(PublicContract Code sections 10475, et seq.;Stats.2008, Ch, 272).The Act was passed by the CaliforniaLegislature and signed intolaw by the Governor to preclude State agencies generallyfrom contractingwith "scrutinized”companies thatdo business inthe Africannation of Sudan (ofwhich the Darfur region is a part),forthe reasons describedinPublicContractCode section 10475.
A scrutinizedcompany is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinizedcompanies are ineligibleto,and cannot, bid on or submit a proposal fora contractwith a State agency forgoods or services.(PublicContractCode section10477(a)).
Therefore, Public Contract Code section 10478 (a) requiresa company thatcurrentlyhas (orwithin the previousthreeyears has had) businessactivitiesor otheroperationsoutsideofthe United States to certifythatitisnot a “scrutinized”company when itsubmits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The followingsample Attachment may be included inan IFB or RFP to satisfy the Act’s certificationrequirements of bidders and proposers.
Conlract# C25S0606, Cityof Newport Beach. Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 27 of46
EXHIBIT E - DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company thatcurrentlyor withinthe previousthreeyearshas had businessactivitiesorother operationsoutsideof the United States.
For such a company tobidon or submita 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 not need to complete thisform.
OPTION #1 - CERTIFICATION
Ifyourcompany, 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 dulyauthorizedto legallybindthe prospectiveproposer/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 Sen/icesmay permita scrutinizedcompany, on a case-by-casebasis, to bid on or submit a proposal fora contractwith a 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,completethe 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, Sunendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Dale;09/18/2025Page: 28 of46 General
1 Applicant Information
a. ApplicantName
b. OrganizationalUnit
c. Address
d. Address 2
CityofNewport Beach
100 Civic Center Drive
State CA Zip 92627
Unique EntityId.
Newport Beach
95-6000751
Citye.
Federai iD Number
Agency Type
a City
r FederallyorStaleRecognized NativeAmerican Tribe
f.
g-
r County
r District
Goals and Objectives
Based on an agency'sapplication,DBW willprioritizefundingaccordingtoagenciesdemonstratingthegreatest need, costeffectivemethods, and preventionstrategies.Additionally,pointsare awarded foragenciesthatworl^ 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
f? Yes r Nob.
c.
End Date
ProjectCost
Sep-30-2027
$110,000.00
Ocl-01-2025
$100,000.00
d.
e.
BillingAddress
Ifbillingaddress isdifferentthanApplicantand/orContact, please provide BillingAgency
Name:
3. a.
Address:
State: Zip:City:
Phone:
ContractItC25S0606. Qty ofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18^2025Page: 29 of46 3 Contacts
Authorized Representative
Name
Title
MailingAddress
a.
Paul Blank
Harbormaster
100 civic center dr
newport beach
(949) 270-8159
[email protected]
State CA Zip 92660City
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
Contract# C25S0606, Dty ofNowpoit Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page; 30 of46 Minimum Qualifications
Does youragencyhavean enforcementprogramtoaddressabandoned boats? f* Yes C No Harbor Code Enforcement officersare out on the water daily. Their duties includemonitoringNewport Harbor as a whole,includingprivateslipsand anchorage areas.Our Harbor Departmentstaffcoordinatewith the Harbor Code Enforcement officersto identifyvesselsthatmay be a potentialor existingproblem intheharbor.Thorough educationand information is providedtovesselowners topromptlybringvesselsintocompliance or utilizetheVesselTurn InProgram (VTIP). Owners may be Issued a "NoticeofViolation,*ifthey failtobringvessels Intocompliance withina specifiedtimeframe.Vesselsthatareabandoned or have no identifiable owners are processedfortheAbandoned AWF. Vesselcondition,safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds fordestruction. Vessels at irsk of sinkingorrepresentotherhazardousconditionsareplaced inprioritystatus forthe VTIP program.
2. Attachordinance,resolution,or municipalcode authorizingyouragency's involvementand itsjurisdictionforpreventionand removal of abandoned vessels and accepting surrendered vessels.
3. Has youragency been outofcompliancewiththeterms ofany otherDepartmentof r Yes (• No Parks and Recreahon contractor grant agreements withinthe past 3 years?
1. 1.
IfYes. describe
45961 0 612 17.70
bnrorcernent.por
Contract# C25S0606. CityofNawportBaacti, Surrandered ar<dAbandoned Vessel Exchange (SAVE) iFscalYear 2025/2026,Data:03/18/2025Page: 31 of46
1. California State Senate Districts
Selectone or more of the CaliforniaState Senate Districtswhere theproposed projectactivitieswilloccur. Copy and PastetheURL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html)inyour browser to determine the StateSenate district(s).
State Senate 02
State Senate 07
I”StaleSenate12
r*StaleSenate17
r”StaleSenate22
State Senate 27
I”StateSenate32
^ SlateSenate37
r*StateSenate04
State Senate 09
State Senate 14
State Senate 19
r*StateSenate24
r”StateSenate29
r”stateSenate34
r"StateSenate39
State Senate 05
State Senate 10
I”StateSenate 15
State Senate 20
r*StateSenate25
r StateSenate 30
State Senate 35
r” StateSenate40
r"StateSenate03
^ StateSenate08
r"StateSenate13
I”StateSenate18
r"StateSenate23
State Senate 28
r*stateSenate33
r*stateSenate38
State Senate 01
State Senate 06
r" StateSenate11
r* StateSenate16
State Senate 21
f~ StateSenate26
I” StateSenate31
f~ StateSenate36
2. CaliforniaState Assembly Districts
Selectone or more ofthe CaliforniaState Assembly Districtswhere the proposed projectactivitieswilloccur.
Copy and PastetheURL (http://www,leQislature.ca.gov/legislators_and_districts/dlstricts/districts.html)inyour browser to determine the State Assembly distrlct(s).
r"StateAssembly04
r"StateAssembly08
State Assembly 12
r"state/\ssembly16
I”stale/^sembly20
r”State/Assembly24
State Assembly 28
^ StateAssembly32
State Assembly 36
I”StateAssembly40
I”State/^sembly44
State /Vssembly 43
State/tesembly 52
I”StateAssembly56
State Assembly 60
^ StateAssembly64
r”StateAssembly68
^ SlateAssembly72
^ StateAssembly76
^ StateAssembly80
I”StateAssembly03
r"StateAssembly07
^ StateAssembly11
State Assembly 15
I”StateAssembly19
r*stateAssembly23
I”StateAssembly27
r StateAssembly31
State Assembly 35
I”State/Assembly39
I”State/Assembly43
r”StateAssembly47
r*State/Assembly51
r*StateAssembly55
I"StateAssembly59
State Assembly 63
State Assembly 67
I”State/^sembly71
r*StateAssembly75
I”StateAssembly79
State Assembly 02
State Assembly 06
r*StateAssembly10
I”StateAssembly14
InstateAssembly18
I”State/'assembly22
f~StateAssembly26
StateAssembly 30
I”StateAssembly34
I”StateAssembly38
State Assembly 42
StateAssembly 46
State Assembly 50
r*StateAssembly54
r*State/Assembly58
^ StateAssembly62
I”State/Vssembly66
I”StateAssembly70
^ StateAssembly74
r*StateAssembly78
State Assembly 01
r”StateAssembly05
^ StateAssembly09
StateAssembly 13
StateAssembly 17
r”StateAssembly21
State Assembly 25
r”State/Assembly29
f”State/Assembly33
State/Assembly 37
r*StateAssembly41
State Assembly 45
State Assembly 49
StateAssembly 53
r"State/Assembly57
r”StateAssembly61
State Assembly 65
f~StateAssembly69
StateAssembly 73
State Assembly 77
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 Congressionaldlstrict(s).
Congressional District1
CongressionalDistrict4
r*CongressionalDistrict3
f”CongressionalDistrict6
r"CongressionalDistrict2
Congressional District5
Contract# C25S0606, CityofNewport Beach, Surrenderedand Ai>andonedVessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 32 of 46 Congressional District9
CongressionalDistrict12
CongressionalDistrict15
Congressional District18
Congressional District21
I”CongressionalDistrict24
^ CongressionalDistrict27
Congressional District30
CongressionalDistrict33
Congressional District36
r"CongressionalDistrict39
r”CongressionalDistrict42
Congressional District45
CongressionalDistrict48
r"CongressionalDistrict51
^ CongressionalDistrict8
^ CongressionalDistrict11
^ CongressionalDistrict14
^ CongressionalDistrict17
r*CongressionalDistrict20
r*CongressionalDistrict23
CongressionalDistrict26
r*CongressionalDistrict29
Congressional District32
Congressional District35
^ CongressionalDistrict38
r”CongressionalDistrict41
^ CongressionalDistrict44
^ CongressionalDistrict47
f”CongressionalDistrict50
I”CongressionalDistrict53
I”CongressionalDistrict7
r*CongressionalDistrict10
r”CongressionalDistrict13
r*CongressionalDistrict16
f”CongressionalDistrict19
r*CongressionalDistrict22
Congressional District25
r CongressionalDistrict28
^ CongressionalDistrict31
I”CongressionalDistrict34
CongressionalDistrict37
f**CongressionalDistrict40
^ CongressionalDistrict43
CongressionalDistrict46
r CongressionalDistrict49
CongressionalDistrict52
4. County
Select one or more of the California Counties where the proposed projectactivitieswilloccur, r*Alameda
r”ContraCosta
Imperial
I”LosAngeles
I”Modoc
r Placer
r Colusa
r*Humboldt
r"Lassen
^ Merced
^ Orange
r”San
Bernardino
^ SantaBarbara
f”Amador
I”ElDorado
Kern
r"Marin
Monterey
^ Riverside
I”Calaveras
r Glenn
*~Lake
Mendocino
I”Nevada
San Benito
r”Alpine
Del Norte
Inyo
Madera
Mono
^ Plumas
r”Butte
r”Fresno
Kings
^ Mariposa
r Napa
^ Sacramento
r SanFrancisco^ SanJoaquin ^ San Luis
Obispo
Sierra
r*Tehama
f“Yuba
r*San MateoSan Diego
r*Solano
Tulare
Santa Cruz
I”Stanislaus
Ventura
Shasta
Sutter
Yolo
Siskiyou
I”Trinity
f” SantaClara
r"Sonoma
f”Tuolumne
Contract# C25S0606, CityofNewport Beach. Surrendered and Abandoned Vesoet Exchange (SAVE) FiscalYear 2025/2026. Data:09/18/2025Page: 33 of 46
3. Jurisdictional Control
Listallwaterbodiesthatare inyourjurisdictionalcontroland fillinthe chartforeach - What are your Primary ResponsibilitiesinyourAOR -Objective4:Existenceof an ActiveEnforcement Program Identify
which
agency has
lead
jurisdiction
for
removing
abandoned
vessels and
accepting
surrendere
d vessels in
Acres or
square
miles of Identify
your
primary
responsibili
ties in this
waterbody
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.
How often
does your
agency
monitor this
area?
this
waterbod
y in your
jurlsdicti thisWaterbody
Name waterbody.on
The City has
jurisdictionof the
whole harbor. Itis
the lead agency in
regards to code
enforcement,
unless there is an
emergency, which
becomes the
Orange County
Sheriffs
jurisdiction.
Orange County
SheriffDepartment
Harbor Patrol
(Emergencies
Only)
Cityof
Newport
Beach-Harbor
Department
Several times
a day, 7 days
a week
Code
Enforcement
Patrol
800 AcresNewport
Harbor
Staff Dedicated to Abandoned and Surrendered Vessel Activities4.
Staff dedicated to Abandoned and Surrendered Vessel Activities- Objective4; Existence ofan 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 In theirjob duties to the removal of abandoned vessels and receipt of
surrendered vessels.
of of
surrendere
d vessels
Total hours
per week
abandoned
vessels
5.00 10.005.00Harbormaster
Code Enforcement Supervisor
Code Enforcement Officer (3)
10.005.00 5.00
15.00 15.00 30.00
6.00 14.00 20.00Administrative Coordinator
Objective 1: Prevention
Does youragency acceptsurrenderedvessels? (S Yes r No5.
How does youragency advertisethisprogram component?6.
Contract# C25S060S, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 202S/2026, Date;09/18/2025Page: 34 of 46 PublicityEfforts:
^ Advertisedonyourwebsite
Agency newsletters
r PSAs,billboards
^ Socialmedia
^ Distributingbrochures
^ Other
[EmailCampaigns]
F
Number of methods selectedto actively
promote selfturn-in
5 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
1,200 Webpage visits
Brochures Available in Office75
Did youragency have a plantoincreasethenumber of surrendered vessels accepted over the lastcalendar year? Ifso,what was theplanand what were theresults?Additionally,what plans does your agency have to increase the number of sumendered vessels you accept thisyear? The Newport Beach CityCounciland Harbor Commission have an active interest in the condition of vesselsinNewport Harbor.Staffregularlyreportsto the CityCouncil and the Harbor Commission on the progressofremediatingderelictvesselsfrom the Harbor and those towed fordisposal.Our Code Enforcement officersoftenrecommends the VTIP to eligible candidates.Inaddition,the Cityhas a web page, flyers,socialmedia posts and email campaigned forVTIP outreach.Most program participantscontactstaffdirectly, throughexistingadvertisingefforts,referralsfrom previousVTIP participaantsand the DBW SAVE Grant web page. In the coming
year,theCitywould liketocontinuesettingasidea portionofthe SAVE Grant to specificallyservice VTIP vesselsinOrange County and the surroundingcounties.
7. Inthe 2021-2023 grantcycle,the Cityprocessed 26 surrendered vessels and 4 abandoned vessels. In our current2023-2025 grant cycle,26 surrendered vessels and 7 abandoned vessels have been processed. We are cumentlyworking on 2 additionalsurrendered vessels and continue to add interestedapplicantsto our waitlist.
Newport Harbor ishome to 1,200moorings.1,200residentialpiers,dry storageand 60 marinas.
Contract# C25S0606, Oty otNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) Rscal Year 2025/2026, Date:09/13/2025Page: 35 of46 There isa a need inNewport Harbor toassistwitha deterioratingand aging boatingcommunity.
Removing problematicvesselsclearsthemooringfields,marinas and docks,creatingmore open space forrecreationand providingmore availabilityfornew boatersto storevesselsinNewport Harbor.The Citycertainlyworks to remediate issues in Newport Harbor, butaccepts vesselsfrom the surroundingcitiesand counties.Citystaff understands thatthe grantfundingshould assistthe boatingcommunity intheSouthern California region,as a whole.
How oftendoes youragency coordinatewithlocalboatinggroups ormarinastoinformthem ofthesurrendered vesselprogram? Describeactivitiesand identifygroupsfmarinascontacted inthe lastcalendaryear.(Answer onlyifyou selected‘Yes*toQ 5.)
The Cityof Newport Beach has an ongoing waitinglistof individuals who have reached out to the Citywithan interestinturningintheirvessel.Neighboringagencies alsoreferconstituentsto us who may be qualifiedforthisprogram. As the Citymakes itsway down the waitinglistof eligible vesselsforthe VTIP program, we send out email camapigns, social media blasts,notifications,and ads to localmarina and boatinggroups to informthem and remind them of the VTIP program.
Neighboringagencies frequentlyreferconstituents,as they are aware thatwe are activein promoting the 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
f? Yes r NoDoes youragency acceptsurrenderedvesselsfrom boaters outsideitsjurisdiction?
9. 15Ifso, how many surrendered vessels have you receivedin the last calendar year?
Ifnot,identifywhy?
Describe how your agency monitorsabandoned vesselactivityinyourjurisdicUon.Selectallthatapply Routine patrolofjurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness (listing,occupancy, trash,bilgerunning,operablelights) ^ Abandonedvesselmappingandtracking
Multi-agency coordination
r utilizeNASA data
10. 17
17 |7
17 17
Number of methods selected to monitor abandoned vessel activity 7 The Cityof Newport Beach Harbor Department staffworks withDescribe additionalmethodologies,ifany. (besidespartidpationinSAVE) youragency theboatingcommunity to keep vessels seaworthy and operable, uses to preventabandoned vesselswithin HarborDepartmentstaffconducts patrolsof the offshore
11. Conifact# C2SS0606, Cityof Mowport Beach, Surrendered and Abandoned VesselExchange (SAVE) RscalYear 2025/2026,Date:09/18/2025Page: 36 ot 46 mooringfield,anchorage,publicpiers,privatedocksand
marinas,activelyinspectingvesselconditions.Allvessels that anchor inouranchorages orrentmoorings from us are required topassa dye labtest,implementedby ourstaffannually.
Additionally,mooringpermitteesmust proveoperabilityas a conditionto obtaina permit.
itsjurisdiction?
Allmooringpermitteesarerequiredtosubmitproofof vessel
insuranceand registration.Allshort-termmooringrenters and marinasliptenantsarealsorequiredtodemonstrateproof of
insurance and registration.
Staffactivelyinvestigatesreportsofdistressedvesselsand
when issues of concern are discovered, making contactwith the owner on record.Annually,mooringlive-aboardpermitteesare requiredtopass a vesselinspectionconductedby ourstaff
annually.The requiredvesselinspectiondemonstratesvessel operabilityand seaworthiness,and thattheholdingtank is in good workingorderand freeofleaks.
The NewportBeach HarborCommission 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 notseaworthyare
solicitedforthe VTIP program.
The CityHarborDepartmentstaffenforcesNewport Beach
MunicipalCode Chapter17,alsoknown as theHarborCode.
SinceobtainingtheSAVE Grant,thenumber ofabandoned
vesselshave decreased due tothisprogram. Staffencourages owners ofderelictand neglectedvesselstoturnintheirvessels, makingtheprocessas streamlinedas possibleforthevessel
owners. However, thereare instanceswhen vesselsare
abandoned inthepublicanchorage,piersand mooringfields in Newport Beach orneighboringjurisdictions.
Does youragencycollaboratewithneighboringSAVE granteesthatmanage abandoned and surrendered vessels?
Ifyes,listagenciesand describecollaboration.
In2024, our departmentremoved 15 surrenderedvesselsfrom our neighboringagencies. Vessels thatwere surrendered to us ranged from Coachella, Burbank toour neighboringcitiesinOrange County.A number ofagenciesfromLos AngelesCounty,RiversideCounty and San Bemamdino County have referredapplicantsto us.One ofthe main reason that we are able to assist our neighboringagenciesisdue tothe program resourceswe have established.The Cityof Newport Beach has active contracts with our vendors that offercomeptitivepricingforvesseltowingand destruction.Our program staffhave also streamlinedthe SAVE grantprocessthateffectivelyguides (t Yes r No13.
Contract# C25S0e06. C#y of Newport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page; 37 of46 ourapplicantsfromfillingoutprogramformstogettingtheirvessels removed by our selected vendors.
Does youragencyhave any specialcircumstancesand/orconditions that contribute to abandoned vessels InyourJurisdiction?Explaincircumstances/conditions.
NewportHarborisoneofthelargestsmallcraftrecreationalharbors on the west coast. We welcome and service transientand localboaters alike.However, over the years,some boatershave foundthemselvesfinanciallyunable tomaintaintheirvessels,optingtoturninthevesselorsimplylettingthevesselbecome derelictand/orabandoned.
Transientboatersfrequentlyabandon vesselsinNewportHarbor withthe ideathatthe localagencieswillremediate theblight.CityofNewportBeach HarborDepartmentstaffhas extensiveexperienceworkingwithboatersas they requestassistanceturninginvessels.Due tothecostofhaulingoutand maintenance,some boatersresortto abandoningtheirvessels.Inthosecases,theCityofNewport Beach takesactionto relocate,investigatethe case and ultimatelydestroythevessel.
14. Objective 5: SNHAP
Per HNC 525, when evaluatingan applicationDBW shallgivegreaterweighttoapplicantswho have an existing SNHAP.
Does youragencyhavea SubmergedNavigationalHazardAbatement Plan (SNHAP)?
IfYes, attachcopy.
(T Yes r No15.
45985 0 150.17.70.30-.40.pdf
17.70.030Impound ofVesselsor Structures.
The Harbormastermay authorizetheimpound ofa vesselor
Summarize the detailedprocess inyour
SNHAP forthe abatement of non-vessel
relatednavigationalhazardsand commercial structurelocatedinor over thewaters of Newport Harbor or the PacificOcean under any ofthe followingcircumstances:
16. vessels.
A. Unless otherwisepermittedunder thistitle,thevessel or structureisattachedto a mooring thatisnot the vessel or structureidentifiedon the mooring permit.
B. An unpermittedvesselorstructureisattachedtoa public
mooring, dock, or slip.
C. A vessel or structureisinviolationof the anchorage or berthingrequirementsofthistitle.
D. The vessel or structure isleftunattended and ismoored, docked, beached, or made fastto land ina positionthat
obstructs the normal movement of trafficor in a condition that creates a hazard to other vessels using the waterway, to public safety,or tothepropertyofanother.
E. The vessel or structureinterfereswith,or otherwise poses a danger to,navigationor tothepublic
health,safety,or welfare.
F.The vesselor structureposes a threattoadjacentwetlands, levees,sensitivehabitat,any protectedwildlifespecies,or water quality.
G. A vessel or structureisfound or operated upon a waterway witha registrationexpirationdate
inexcessofone yearbeforethedateon whichitisfound or
operatedon thewaterway.
H. The vesselor mooring permitteedoes not have proper
insurance or owes a debt to the City.
I.Federal or State law permitsthe Cityor any peace officer, lifeguard,ormarinesafetyofficeremployed by theCityto
remove, and.ifnecessary,storea vesselremoved from a public waterway.
Contractt C25S0606. CityofNmrport Beach.Surrenderedand Abandoned VesselExchange (SAVE) iFscalYear2025/202fi.Date:09/18/202SPage: 38 of46 IdentifytheSNHAP's fundingsourceforthecontrol/abatementof non-vessel related water hazards, hazardousfloatingdebris(suchas logs),submerged objectsand abandoned piersand pilings
17. 17.20.040-AllStray,unattendedorabandoned vessels,timberor any otherpersonalpropertyfound inthe water or on the shore of Newport Harbor or the PacificOcean not inthe lawfulpossession or controlofsome person,shallbe immediatelyreportedto the Harbormster. Any such vessel or propertyshallbe dealtwithas providedintheappropriateprovisionsofChapter 1.20 and 17.70,or Section510 etseq.oftheCaliforniaHarborand NavigationCode, as the same now read or may hereafterbe amended. For purposes ofthissection,any vesselon the PacificOcean shallbe deemed tobe stray,unattendedand abandoned 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 Vessels on Shoreline.No person shallplace or allowabandoned vessels or boats,materials,garbage, refuse,debris,litter,timberor otherwaster matterof any descriptionto remain on or upon the shorelinesofthe PacificOcean or on the shorelinesof Newport Harbor within theCity.The Citymay remove the same withor withoutnotice,and the cost thereof may be recoveredfromany personowning thesame, or placingor causing itto be placed on the shoreline.
17.70.030- Impound ofVesselsor Structures;The Harbormastermay authorizedthe impound of a vessel or structure located in or over the waters of Newport Harbor orthe PacificOcean under any of the followingcircumstances:
A. Unless otherwisepermittedunder thistitle,the vessel or structureisattached to a mooring thatis not the vessel or structureidentifiedon the mooring permit.
B. An permittedvesselor structureisattachedtoa publicmooring, dock, or slip.
C. A vessel or structureisinviolationof the anchorage or berthingrequirements of thistitle.
D. The vessel or structure is leftunattended and is moored, docked, beached, or made fastto land ina positionthatobstructsthe normal movement oftrafficor in a condition that creates a hazard to othervesselsusingthewatenway,to publicsafety,or tothe propertyof 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 water quality.
G. A vessel or structureisfound or operated upon a watenway witha registrationexpirationdate in excess ofone year beforethedateon which itisfound or operated on the waterway.
H. The vesselor mooring permitteedoes nothave properinsurance or owes a debt to the City.
I.Federalor Statelaw pemiitsthe Cityor any peace officer,lifeguard,or marine safetyofficer employed by theCityto remove, and, ifnecessary,storea vessel removed from a publicwaterway.
The Citymay charge or bringactioninthecourtsofthisstateto recover any costs pursuant to impounding a vessel or structure.
Additionally,theCitypartnerswitha coalitionofOrange County based environmentalgroups to furtherclean-upand identifynon-vesselrelatedhazardsin Newport Harbor. Over 300 scuba divers and above-water volunteerson smallvessels spend the day checking on problem areas inthe Contract# C25S0606. Oty ofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page: 39 0/46 harborand collectingtrash,plastics,and otherdiscardedwater pollutants.Objectsthatare too difficulttoretrieveduringtheday are marked and the appropriateprofessionalsare brought into assistinthe retrievalofthe object.Last year,over 5,000 pounds ofnon-vesselrelateddebriswas removed from Newport Harbor
Fundingfortheremovalofthemarinedebrisispartof the Harbor Department'sannual operating budget.
Coriract# C25S0606. CityofNewport Beach. SurrenderedatxlAbandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page: 40 of46 Objective 3: Cost Effectiveness
Has youragency been involvedinabatementactivitiesduringthepast3 calendar Yes years?
Ifyes,providetheaveragecosttoremove and destroyvessels in the chart below; r No
AVERAGE
COST
ABANDONED VESSELS
$1,500 or lessVessels Less Than 30' LAST CALENDAR
YEAR
18,
more than $3,000Vessels Less Than 30' LASTS
CALENDAR
YEARS
18a.
more than $5,000Vessels Greater Than 31' LAST CALENDAR
YEAR
19. more than $5,000Vessels Greater Than 31' LAST 3
CALENDAR
YEARS
19a.
SURRENDERED VESSELS
more than $1,000Vessels Less Than 30' 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 more than $2,000Vessels Greater Than 31' LASTS
CALENDAR
YEARS
21a.
Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025 Page; 41 of 46 IdentifythelastthreeCLOSED SAVE grantsawarded and the percentageofunspentfundingthatwas 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
175,000.00 32021
0.00 02022
Identifythenumber ofpersonnelcurrentlyworkingintheprogramwithmore thantwo years' experiencemanaging theSAVE program.
What process/method/practicehave you
implementedinthelast24 months toreduce
the grantprogram'scostof removingand
destroyingabandoned or surrendered
vessels?
323.
Harbor Code Enforcement officersare out on the water daily.
TheirdutiesincludemonitoringNewport Harboras a whole,
includingprivateslipsand anchorageareas.Our Harbor
Departmentstaffcoordinatewiththe HarborCode Enforcement officerstoidentifyvesselsthatmay be a potentialor existing problemintheharbor.Through educationand informationis
providedtovesselowners topromptlybringvesselsinto
complianceor utilizetheVesselTurn inProgram (VTIP).
Owners may be Issueda NoticeofViolationiftheyfailto bring vesselsIntocompliancewithina specifiedtimeframe.Vessels that are abandoned or have no identifiableowners are
processedfortheAbandoned AWF. Vesselconditionistaken
intoconsiderationwhen prioritizingenforcement and the use of SAVE funds fordestruction.Vessels at irskof sinkingor
representotherhazardousconditionsare placedinpriority
statusfortheVTIP program.
Does your agency have additionalfundingsources (otherthan SAVE) forremoval r Yes and disposalofabandoned vesselsinthe event you run out of grant funding or are not awarded the fullgrantrequest?
24. (7 No25.
Ifyes,list
Does youror a padner agency have vesselstoragecapabilitiesthatcan be used by {• Yes youragency atno costtoSAVE?
Does youragency have access/abilitytodisposeofvessels at a local or neighboringlandfill?
What isthe number ofabandoned vesselsinyourJurisdictionthatwillbe ready for disposalduringthisgrantperiod,ifawarded?
How were these vessels identified?
r No26.
r Yes (7 No27.
1028.
Abandoned vessels inour harbor are impounded due toseveral code violations,vesselowners are unreachable afterour staff have made severalattempts to contactthe them.
30What isthe number of surrendered vessels inyour jurisdictionthatwillbe ready for disposalduringthisgrantperiod,ifawarded?
29. Individualscontactedthe Cityof Newport Beach throughour staffprovidingeducationon theprogram,or throughreferral from neighboringagencies.
How were these vessels identified?
Contract# C25S0606, Cityof Newport Baach. Surrondered and AbandortedVesselExchange (SAVE) iFscalYear 2025/2026.Date:03/18/2025Page: 42 of46 (i Yes r NoDidyou collaboratewithmarinasinyourjurisdictionto identifythe number of potentialsurrenderedvesselslistedinyourbudget?
Ifyes,listmarinas.
30. AmericanLegionPost291;BahiaCorinthianYachtClub;Balboa Bay Club;BalboaBoatYard;BalboaYachtClub;BalboaYacht
Club Marina;VillaCove Marina;28th StreetMarina;Antibes
Marina;LidoResort/Moana Marina;LidoPeninsulaYacht
Anchorage;NewportHarborYachtClub;SouthCoastShipyard;
ValleyMarina;VikingsPortMarina
Contract# C25S0606, CityofNewport Beach,Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2026.Date:09/18/2025Page: 43 of46 Budget
VESSEL
LENGTH
ESTIMATED
COSTList IdentifiedAbandoned Vessels (CF #s)
49 25,000.00Coast Guard Doc # 925952-Pe3caholic
20,000.0041CF 4766 TF
31 5,000.00CF 9964 SM
2,000.0025CF 0995 GV
52,000Total
VESSEL
LENGTH
ESTIMATED
COSTList Identified Surrendered Vessels (CF #s)
22,000.0040Coast Guard Doc # 568668
29,500.0045Coast Guard Doc# 277077 i
17,500.0040Coast Guard Doc #1047781 I
29,500.0045Coast Guard Doc #228270
38 8,000.00Coast Guard Doc #626059
2,000.0020CF 3497 FB
3,500.0028Coast Guard Doc# 500764
112,000.00Total
APPROXIMAT
E VESSEL
LENGTH
Total number
of vessels
ESTIMATED
COSTEstimate Future Abandoned Vessels
10 20-50 58,000.00Estimatedabout 10 vesselsbeing abandoned intwo years
58,000.0010Total
We are estimatingprocessing10 abandoned vesselsrangingbetween 20-50’ in the program inthe next two years.
Justification;
APPROXIMAT
E VESSEL
LENGTH
Total number
of vessels
ESTIMATED
COSTEstimate Future Surrendered Vessels
Estimatingabout20-30vesselstobe surrenderedover
the two years
30 9-50 28,000.00
30 28,000.00Total
With the currentdemand ofthe VTIP program, we anticipateprocessing30 vesseis inthenexttwo years.We willcontinueofferingthisprogram servicetoour constituentsaiongwithassistingour neighboringagencies.
Justification:
250,000TOTAL GRANT
25,000REQUEST PLUS 10%
25,000AGENCY MATCH
275,000TOTAL PROJECT COST
Contract# C25S0606, Ciy of Newport Beacfi,Surrenrtefedand Abandoned Vassal Exchange (SAVE) FiscalYear 2025/2026,Data:09/18/2025Page; 44 Of 46 Contract# C25S0606. CityofNewport Beach, Surrendered and Abandoned VeaetfExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 45 of46
1. ApplicantCertification
Per Harbors and NavigationCode 525 (C)“A grantawarded by the department pursuant tosubparagraph (A) shailbe matched by a 10% contributionfrom the localagency receivingthegrant."Matching fund may be rendered incash, or through In-kindcontributionswhich must be veriifed,and are at the discretionofOBW.
These contributionsmay include(butare not limitedto)the following:administrativecosts,personnel hours, removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met.
F Under penaltyof peijury.IcertifythatIhave examined thisapplicationand the document(s), proposal(s), and statement(s)submittedinconjunctionherewith,and thatto the best of my informationand belief,the information contained herein istrue,accurate, correct,and complete. a.
F Iam the person authorizedto submit thisapplicationon behalfof the applicant.Icertifythatb.
Name: Cynthia Shintaku Date: 04/28/2025Prepared by:
Name: Paul Blank Date: 04/28/2025Reviewed by:
Paul Blank Date: 04/28/2025Approving Officer: Name:
Contracl# 02550606, Cityof Newport Beach, Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2028,Date:09/18/2025Page: 46 of46