Newport Beach City Council
April 14, 2026

ON-CALL PROFESSIONAL SERVICES AGREEMENT

WITH SOUTH WATERFRONT CONSTRUCTION CORPORATION FOR

VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT (“Agreement”)is made and entered intoas ofthis14th day ofApril,2026 (“EffectiveDate”),by and between the CITY OF NEWPORT BEACH, a Californiamunicipal corporationand charter city (“City”),and SOUTH WATERFRONT CONSTRUCTION CORPORATION, a California corporation(“Consultant”),whose address is 1730 POMONA AVE, SUITE 11, COSTA MESA CA 92627, and ismade withreferenceto the following:

RECITALS
A. City isa municipal corporationduly organized and validlyexistingunder the laws of the State of Californiawith thepower to carryon 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 disposalservicesforsurrendered or abandoned vessels (“Project”).

Consultant possesses the skill,experience, ability,background, certificationand knowledge to provide the professional servicesdescribed inthisAgreement.

City has solicitedand received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retainConsultant to render professional services under the terms and conditions set forthinthisAgreement.

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 EffectiveDate, and shall terminate on April14, 2029, unless terminated earlieras setforthherein.This Agreement shallautomaticallyrenew forup to two (2)additionalone (1) year terms, upon the same terms and conditionsset forthherein unless City provides written notice of its intent not to renew priorto the end of the active term. Notwithstandingthe foregoing,the totalterm of thisAgreement shallnot exceed five(5)years.

2. SERVICES TO BE PERFORMED
Consultant shall perform the on-call services described in the Scope of Services attached hereto as ExhibitA and incorporatedherein by reference (“Services” or “Work”). Upon writtenrequest from the Project Administratoras defined herein.

Consultant shallprovide a letterproposal forServices requested by the City (hereinafter referredto as the “LetterProposal”). The LetterProposal shallinclude the following:

2.1 Attachment D

2.1.1 A detaileddescriptionof the Services to be provided;

2.1.2 The positionof each person to be assigned to perform the Services, and the name of the individualsto be assigned, ifavailable;

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The time needed to finishthe specificproject.

No Services shallbe provided untilthe ProjectAdministrator has provided writtenacceptance of the LetterProposal. Once authorized to proceed. Consultant shall diligentlyperform the duties inthe approved LetterProposal.

AllServices shallbe provided in accordance with the terms and conditions set forth in the State of California - Natural Resources Agency Department of Parks and Recreation 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 ExhibitA 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 inthe 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 start of the condition that purportedly causes a delay. The Project Administrator shall review allsuch requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant’s control.

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

3.4 South Waterfront Construction Corporation Page 2

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 alloption terms, ifany, includingallreimbursable items and subconsultant fees, shall not exceed Two Hundred FiftyThousand Dollars and 00/100 ($250,000.00), without priorwritten authorizationfrom City. No billingrate changes shall be made during the term of this Agreement without the priorwritten approval of City.

4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant’s billsshallincludethe name of the person who performed the Work, a briefdescriptionof the Services performed and/or the specific task in the Scope of Services to which itrelates,the date the Services were performed, the number of hours spent on allWork billedon an hourlybasis,and a descriptionof any reimbursable expenditures. City shallpay Consultant no laterthan thirty(30) calendar days afterapproval of the monthly invoiceby Citystaff.

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

4.4 Consultant shallnot receive any compensation for Extra Work performed without the priorwrittenauthorizationof City. As used herein,“ExtraWork” means any Work that isdetermined by Cityto be necessary forthe proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of BillingRates as set forthin ExhibitB and the LetterProposal.

5. PROJECT MANAGER
Consultant shalldesignate a Project Manager, who shallcoordinate all phases of the Project. This ProjectManager shallbe availableto City at allreasonable times during the Agreement term. Consultant has designated Chuck South to be its Project Manager. Consultant shallnot remove or reassign the Project Manager or any personnel listedin ExhibitA or assign any new or replacement personnel to the Project without the priorwritten consent of City. City’s approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

Consultant, at the sole discretionof City,shallremove from the Projectany of itspersonnel assigned to the performance of Services upon written request of City.

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

5.1 5.2
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IfConsultant isperforming inspectionservicesforCity,the ProjectManager and any other assigned staffshallbe equipped with a cellularphone to communicate with City staff.The ProjectManager’s cellularphone number shallbe provided to City.

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

7. CITY'S RESPONSIBILITIES
To assistConsultant inthe execution of itsresponsibilitiesunder thisAgreement, Cityagrees to provide access to and upon request of Consultant,one copy of allexisting relevantinformationon fileat City. Citywillprovide allsuch materialsina timelymanner 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 professional standards and with the ordinary degree of skilland care that would be used by other reasonably competent practitionersof the same disciplineunder similar circumstances. All Services shallbe performed by qualifiedand experienced personnel who are not employed by City.

By delivery of completed Work, Consultant certifiesthat the Work conforms to the requirements of thisAgreement, 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 fordamages or be indefaultor 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 faultyperformance by City,contractors,or governmental agencies.

8.1 8.2

8.3 9. HOLD HARMLESS
To the fullestextent permitted by law. Consultant shall indemnify, defend and hold harmless City, itsCity Council, boards and commissions, officers,agents, volunteers and employees (collectively,the “Indemnified Parties”)from and against any

9.1 South Waterfront Construction Corporation Page 4
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 allof them).

Notwithstanding the foregoing,nothing herein shallbe construed to require Consultant to indemnify the Indemnified Parties from any Claim arisingfrom the sole negligence or willfulmisconduct of the Indemnified Parties.Nothing inthisindemnityshall be construed as authorizingany award of attorneys’fees in any action on or to enforce the terms of thisAgreement. This indemnity shallapply to all claims and liability regardlessof whether any insurance policiesare applicable.The policylimitsdo not act as a limitationupon the amount of indemnificationto be provided by Consultant.

9.2 10. INDEPENDENT CONTRACTOR
Itis understood that City retainsConsultant on an independent contractor basis and Consultant isnot an agent or employee ofCity.The manner and means of conducting the Work are under the controlof Consultant,except to the extent they are limitedby statute,rule or regulationand the expressed terms of thisAgreement. No civilservice status or other rightof employment shallaccrue to Consultant or itsemployees. Nothing in this Agreement shall be deemed to constituteapproval for Consultant or any of Consultant’semployees or agents, to be the agents or employees of City. Consultant shall have the responsibilityfor and control over the means of performing the Work, provided thatConsultant isin compliance with the terms of thisAgreement. Anything in thisAgreement thatmay appear to give Citythe rightto direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shallfollowthe desires of Citywith respect to the resultsof the Services.

11. COOPERATION
Consultant agrees to work closely and cooperate fullywith City’s designated ProjectAdministratorand any otheragencies thatmay have jurisdictionor interestinthe Work to be performed. Cityagrees to cooperate with the Consultant on the Project.

South Waterfront Construction Corporation Page 5

12. CITY POLICY
Consultant shall discuss and review allmatters relatingto policy and Project directionwith City’sProjectAdministratorinadvance of allcriticaldecision points inorder to ensure the Projectproceeds ina manner consistentwith City goals and policies.

13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project,activitiesperformed and planned, and any meetings that have been scheduled or are desired.

14. INSURANCE
Without limitingConsultant’sindemnificationof City,and priorto commencement of Work, Consultant shallobtain,provide and maintain at itsown expense during the term of thisAgreement or forother periods as specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as ExhibitC, and incorporated herein by reference.

PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS15.

Except as specificallyauthorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the priorwrittenapproval of City. Any of the followingshallbe construed as an assignment; The sale, assignment, transferor other dispositionof any of the issued and outstanding capitalstock of Consultant, or of the interestof any general partner or jointventurer or syndicate member or cotenant ifConsultant isa partnershipor joint-ventureor syndicate or co-tenancy, which shall resultin changing the control of Consultant. Control means fiftypercent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation,partnership or joint-venture.

16. SUBCONTRACTING
The subcontractors authorized by City,ifany, to perform Work on thisProject are identifiedin ExhibitA and the Letter Proposal. Consultant shall be fullyresponsible to City for allacts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationshipbetween City and any subcontractor nor shallitcreate any obligationon the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specificallyauthorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the priorwrittenapproval of City.

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17. OWNERSHIP OF DOCUMENTS

17.1 Each and every report,draft,map, record,plan,document and other writing produced, including but not limitedto, websites, blogs, social media accounts and applications(hereinafter“Documents”), prepared or caused to be prepared by Consultant, itsofficers,employees, agents and subcontractors, in the course of implementing this Agreement, shallbecome the exclusivepropertyof City,and City shallhave the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally,allmaterial posted in cyberspace by Consultant, itsofficers, employees, agents and subcontractors, in the course of implementing this Agreement, 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 for other projects and any use of incomplete Documents without specificwritten 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 otherthan Consultant iswaived against Consultant, and Cityassumes fullresponsibilityforsuch changes unless City has given Consultant priornotice and has received from Consultant writtenconsent for such changes.

17.3 All written documents shall be transmitted to City informats compatible with Microsoft Office and/or viewable with Adobe Acrobat.

18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unless City expressly authorizes inwritingthe release of information.

19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shalldefend and indemnify City,itsagents, officers,representatives and employees against any and allliability,includingcosts, for infringement or alleged infringement of 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

under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shallallow a representativeof Cityto examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness hours. Consultant shall allow inspection of all Work, data. Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of finalpayment to Consultant under thisAgreement.

21. WITHHOLDINGS
Citymay withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitutea failureto pay according to the terms of thisAgreement. Consultant shallnot discontinue Work as a resultof such withholding. Consultant shall have an immediate rightto appeal to the City Manager or designee with respect to such disputed sums.

Consultant shall be entitled to receive interest on any withheld sums at the rate of return thatCityearned on itsinvestments during the time period,from the date of withholdingof any amounts found to have been improperly withheld.

22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which resultinexpense to Citygreaterthan what would have resulted ifthere were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing inthisSection isintended to limitCity’srightsunder the law or any other sectionsof thisAgreement.

CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS23.

City reserves the rightto employ other Consultants in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Consultant or its employees may be subject to the provisions of the CaliforniaPoliticalReform Act of 1974 (the “Act”)and/or Government Code §§ 1090 ^ seq.. which (1) require such persons to disclose any financialinterestthat may foreseeably be materiallyaffectedby the Work performed under thisAgreement, and (2) prohibitsuch persons from making, or participatingin making, decisions that will foreseeably financiallyaffectsuch interest.

24.2 Ifsubject to the Act and/or Government Code §§ 1090 et seq.. Consultant shall conform to allrequirements therein. Failureto do so constitutes a material breach and is grounds for immediate terminationof thisAgreement by City. Consultant shall indemnify and hold harmless City for any and allclaims for damages resultingfrom Consultant’s violation of this Section.

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25. NOTICES

25.1 All notices,demands, requests or approvals, includingany change in mailing address, to be given under the terms of thisAgreement shallbe given inwriting, and conclusively shall be deemed served when delivered personally, or on the third business day afterthe deposit thereof in the United States mail,postage prepaid,first- class mail,addressed as hereinafterprovided.

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

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

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

Attn; Chuck South
South Waterfront Construction Corporation
PO BOX 528
NEWPORT BEACH CA 92661

26. CLAIMS
Unless a shorter time is specified elsewhere in thisAgreement, before making its finalrequest forpayment under thisAgreement, Consultant shallsubmit to City,inwriting, all claims for compensation under or arising out of this Agreement. Consultant’s acceptance of the finalpayment shallconstitutea waiver of allclaims for compensation under or arising out of this Agreement except those previously made in writing and identifiedby Consultant inwritingas unsettledat the time of itsfinalrequest forpayment.

Consultant and City expressly agree that in additionto any claims filingrequirements set forthinthe Agreement, Consultant shallbe requiredto fileany claim Consultant may have against City in strictconformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 Inthe event that eitherparty failsor refuses to perform any of the provisions of thisAgreement at the time and in the manner required,that party shall be deemed in default inthe performance of thisAgreement. Ifsuch default isnot cured within a period of two (2) calendar days, or ifmore than two (2) calendar days are reasonably required to cure the default and the defaulting party failsto give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifyingthe nature of such defaultand the steps necessary to cure such default,and South Waterfront Construction Corporation Page 9
thereafterdiligentlytake steps to cure the default,the non-defaultingpartymay terminate the Agreement forthwithby givingto the defaultingparty writtennotice thereof.

27.2 Notwithstandingthe above provisions,City shallhave the right,at itssole and absolute discretionand withoutcause, of terminatingthisAgreement at any time by giving no less than seven (7) calendar days’ priorwritten notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorilyperformed and costs incurredup tothe effective date of termination for which Consultant has not been previouslypaid. On the effectivedate of termination. Consultant shall deliver to City all reports. Documents and other information developed or accumulated inthe performance of thisAgreement, whether in draft or final form.

28. STANDARD PROVISIONS

28.1 Recitals.Cityand Consultant acknowledge thatthe above Recitals are true and correctand are hereby incorporated by reference intothisAgreement.

28.2 Compliance with allLaws. Consultant shall,at itsown cost and expense, comply with allstatutes,ordinances, 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 either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

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 eitherparty by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

28.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Consultant and City and approved as to form by the City Attorney.

28.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of thisAgreement shallcontinue infullforce and effect.

28.9 Controlling Law and Venue. The laws of the State of Californiashallgovern this Agreement and allmatters relatingto itand any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.

28.10 Equal Opportunity Employment. Consultant represents that itis an equal opportunity employer and itshallnot discriminateagainst any subcontractor, employee or applicant for employment because race, religiouscreed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

28.11 No Attorneys’Fees. Inthe event of any disputeor legalactionarisingunder 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:

By:

A^on C. Harp /
City Attorney
By:

Lauren Kleiman
Mayor
CONSULTANT: South Waterfront
Construction Corporation, a California
corporation
Date:

ATTEST:

Date;
By:By:

Lena Shumway
City Clerk
Chuck South
Chief Executive Officer,Secretary,
Chief Financial Officer
[END OF SIGNATURES]
ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
ExhibitD - Grant Agreement, Surrendered and Abandoned Vessel Exchange (SAVE-25), Grant No. C25S0606
Attachments:

EXHIBIT A

SCOPE OF SERVICES
South Waterfront Construction Corporation Page A-1

SCOPE OF SERVICES
Objective:

Consultant shallprovide on-callvessel removal, storage and disposal services, related to abandoned and/or surrendered vessels. These services shallsupport the City’sHarbor Department inexecuting itsSurrender and Abandoned Vessel Exchange grant agreement with CaliforniaState Parks - Divisionof Boating and Waterways. Most vessels willbe located withinthe Cityand/or the Orange County region up to the greater Southern Californiaregion.

Contractor shall posses the following:
• At leasttwo (2)years of experience inthe provisionof vessel towing and destruction services.
• Have qualifiedpersonnel who have the prerequisiteknowledge and experience. • Shall provide allequipment necessary to complete the services including,but not limited to:boats,tow boats,towing lines,harnesses, dewatering pumps, boom, jump start equipment, fuelfordelivery,radar,sonar, dive and SCUBA equipment and salvage air bags.
• Maintain a Cityof Newport Beach business licenseduring the term of thisAgreement.

Description:

Contractors shall provide services related to the removal and disposal of surrendered and abandoned vessels. Contractors shall be responsible for deploying and storing any vessels or equipment relatedto the deliveryof these services.

Services requested by the Cityinthe performance ofthe removal and/or disposal of vessels may include,but are not necessarily limitedto:
• Raising of submerged vessels and/or hazardous marine debris; • Vessel and/or hazardous marine debris removal from accessible locations; • Hazardous materials (hazmat) removal and disposal;
• Towing; and
• Salvage and demolition.

Allvessel removals and/or disposals of vessels shallbe in accordance with the terms and conditionsset 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 provisions inthe proper removal and/or disposals of vessels.Contractors shallbe responsiblefor ensuring that allrulesand regulationspertainingtothe salvage and demolitionof allmaterialsresultingfrom the Contractors’ disposalof vessels (orhazardous marine debris)are followed.

Location of work to be performed shallbe designated by the City and may vary with each service request.

PROJECT ADMINISTRATION
On-call contractsdo not guarantee or imply any specificquantity of work over the proposed contractperiod.When the need forservicesarises,the City shallrequest inwriting,the necessary services required inadequate detail.Contractor shallthen provide a detailed letterproposal 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 is applicable • 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 contractorshall diligentlyperform the dutieslistedinthe approved LetterProposal.

EXHIBIT B

SCHEDULE OF BILLING RATES
Page B-1South Waterfront Construction Corporation

ON-CALL VESSEL REMOVAL, STORAGE & DISPOSAL SERVICES

VESSEL SIZE/TYPE BILLING RATE (PER FOOT)
Vessels 10'- 25' $ 100.00-200.00
Vessels 26' - 34' $ 100.00-250.00
Vessels 35' and up $ 100.00-500.00
Vessels - Wood $ 100.00-500.00
Vessels- Concrete $ 100.00-500.00
Vessels - Steel $ 100.00-500.00
See attached additionalpricingbreakdown not includedin the table above:

Page B-1
P.O. Box 528
Newport Beach, CA 92661
License # 957414
email;[email protected]
Direct: 949.645.0334
Fax: 949.645.1041
Billing:949.423.9823
South Waterfront Construction
January 6,2026

3. Boat Demolition
c. Demolition of vesselsmay include but may not be limited to relocation, haul out at a localshipyard or Rhine Wharf, demolition and proper disposal d. Cost of Services
• Bid per project
• Fuel disposal
$100.00 - $500.00 per foot
$ 13.00 per gallon

4. Dock repairand cleaning
e. Includes but may not be limitedto minor refurbishment such as replacement of pilingand rub rail,aligningor liftinggangway, replacingfloats,cleatsetc. f. Cost of Services
• Pilingreplacement
• Other repairs
Bid per project
$160.00 hr.

5. Barge and 2 men
a. Cost of the barge for any liftingjob
• Barge and 2 men $405.00/hr.-

6. Other General Work
a.Any and allwork not covered in other categories
• Labor per hour $160.00

7. Parts
a.Priceof parts used inmooring and buoy service
3/8" chain
y%' chain
5/8" chain
y" chain
1" chain
$ 7.50/ft.

13.25/ft.

21.25/ft.

36.50/ft.

29.50/ft.
$
$
$
$
$3/8" shackles
Vi" shackles
5/8" shackles
shackles
1" shackles

15.00 ea.

21.45 ea.

31.25 ea.

36.25 ea.

56.00 ea.
$
$
$
$
Page B-2
Direct: 949.645.0334
Fax: 949.645.1041
Billing:949.423.9823
P.O. Box 528
Newport Beach, CA 92661
fcicense # 957414
email:ablesouth(3)yahoo.com
South Waterfront Construction
January 6, 2026

1. Mooring Services
Includesinspection,testing,painting,and numbering of the City'smooring buoys, inspectionof mooring weight and replacement of chain and allother mooring components on biannualbasisor more frequently,as needed. • Sign buoys and shore moorings
• Off shore moorings
• Mooring realignment
• Other mooring relatedservicesas applicable
Cost of Services
• Sign Buoys and shore moorings
• Off shore moorings
• Repair,paint,and number buoys
• Mooring realignment
• Onshore
• Offshore
a.
b.
$200.00 plusparts
$405.00 plusparts
$ 130.00 per buoy
$120.00
$160.00

2. Log Boom Services
a. Annual deployment and retrievalof log boom coordinated with Citycrew. • Deployment and retrieval
• Diver (ifneeded)
• Log boom adjustment
• Periodicremoval of debristrapped by the log boom
• Other log boom servicesas applicable
b. Cost of Services
• Deployment and retrieval
• Diver ifneeded
• Log boom adjustment
• Periodic removal of debris
trapped by the log boom
$405.00/hr.plusparts
$370.00/hr.
$405.00/hr.
$405.00/hr.

Page B-3

EXHIBIT C

INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES

1. Provisionof Insurance. Without limitingContractor’sindemnificationof City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at itsown expense during the term of this Contract, policiesof insurance of the type and amounts described below and ina form satisfactory to City. Contractor agrees to provide insurance in accordance with requirementssetforthhere.IfContractoruses existingcoverage to comply and thatcoverage does not meet these requirements. Contractor agrees to amend, supplement or endorse the existingcoverage.

2. Acceptable Insurers. All insurance policiesshallbe issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance inthe State of California,with an assigned policyholders’ Rating of A- (or higher)and FinancialSize Category Class VII (or larger)in accordance withthe latesteditionof Best’sKey Rating Guide, unless otherwise approved by the City’sRisk Manager.

3. Coveraqe Requirements.

A. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance providingstatutorybenefitsand Employer’s LiabilityInsurance with limitsof at leastone milliondollars($1,000,000) each employee for bodily injuryby accident and each employee for bodily injuryby disease in accordance with the laws of the State of California.In addition.Contractor shallrequire each subcontractor to similarlymaintain Workers’ Compensation Insurance and Employer’s LiabilityInsurance in accordance with California law for all of the subcontractor’s employees. The insurer issuing the Workers’ Compensation insurance shall amend itspolicy by endorsement to waive allrightsof subrogation against City,itsCityCouncil, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additional insureds,but only with respect to work performed under the agreement..

Contractor shallsubmit to City,along with the certificateof insurance, a Waiver of Subrogation endorsement in favor of City,itsCity Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement.

U.S. Longshoremen’s and Harbor Workers’ Act (USL&H), the Jones Act, or under laws, regulations,or statutesapplicableto maritime employees shallbe required.

South Waterfront Construction Corporation Page C-1
B. Marine General LiabilityInsurance. Contractor shall maintain marine general liabilityinsurance, and ifnecessary excess/umbrella liability insurance,with coverage at leastas broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars($2,000,000)peroccurrence,four milliondollars($4,000,000) general aggregate and four milliondollars($4,000,000)completed operationsaggregate.The policyshallcover liabilityarisingfrom bodily injury,propertydamage, products-completedoperations,personal and advertisinginjury,sudden and accidentalpollution,and liabilityassumed under an insuredcontract(includingthe tortliabilityof another assumed ina business contract).The policyshallhave no waterborne exclusions.

Contractorshallsubmit to the City,along witha certificateof insurance, any additionalinsurance requirements stated inSection Four.

C. Automobile LiabilityInsurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodilyinjuryand propertydamage forallactivities of Contractor arisingout of or in connection with Work to be performed under this Contract,includingcoverage forany owned, hired,non-owned or rented vehicles,in an amount not less than one milliondollars($1,000,000) combined singlelimitforeach accident.

Contractorshallsubmit to the City,along witha certificateof insurance, any additionalinsurance requirements stated inSection Four.

D. Watercraft Liability. Contractor shall maintain watercraft liability insurance includingProtectionand Indemnitywith minimum limits of five milliondollars($5,000,000) each occurrence and in the aggregate, Jones Act foremployees performing servicesunder saidAct, and Water PollutionLiability.

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

E. PollutionLiabilitycovering allof the Contractor’soperations to include onsiteand offsitecoverage forbodilyinjury(includingdeath and mental anguish), property damage, non-owned disposal siteliability,defense costs, cleanup costs, and pollutionconditions 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 accidentaland gradual and continuous pollutionevents with limits no lessthan fivemilliondollars($5,000,000) each loss and five million dollars($5,000,000)inthe aggregate. The policyshallnot exclude any hazardous materials for which there is exposure, marine operations includingbut not limitedto underwater epoxy wraps, coatings, sealants, and adhesives.

South Waterfront Construction Corporation Page C-2
Contractorshallsubmit to the City,along with a certificateof insurance, any additionalinsurance requirements stated in Section Four.

F. Excess/Umbrella LiabilityInsurance. Ifany Excess or Umbrella Liability policiesare used to meet the limitsof 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 inSection 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 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 shall require similar written express waivers and insurance clauses from each of its subcontractors.

A.

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.

B.

C. Primary and Non Contributory. Contractor’s insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers,agents, volunteers,employees, and the State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement. Any insurance or self-insurance maintained by City or State of Californiashallbe excess of Contractor’s insurance and shall not contribute with it.

Page C-3South Waterfront Construction Corporation
D. Notice of Cancellation.All policiesshallprovide City with thirty(30) calendar days’ noticeof cancellationor nonrenewal of coverage (except fornonpayment forwhich ten (10)calendardays’noticeis required)for each quired coverage except Builders Risk Insurance, which shall contain an endorsement with said requirednotices.

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

AdditionalAgreements Between the Parties.The partieshereby agree to the following:

E.

5. A. Evidence of Insurance.Contractorshallprovidecertificatesof insurance to City as evidence of the insurance coverage requiredherein, along with a waiver of subrogation endorsement for workers’ compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to Citywithinten (10) regularCitybusiness days after the date on the “Notification of Award”. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificationof insurance shallbe kept on filewith City at alltimes during the term of thisContract. The certificates and endorsements for each insurance policyshallbe signed by a person authorized by thatinsurerto bind coverage on itsbehalf. At least fifteen (15) days priorto the expirationof any such policy,evidence of insurance showing thatsuch insurance coverage has been renewed or extended shallbe filedwith the City.Ifsuch coverage is cancelled or reduced. Contractor shall,withinten (10) days afterreceipt of written noticeof such cancellationor reductionof coverage, filewith the City evidence of insurance showing that the required insurance has been reinstatedor has been provided through another insurance company or companies. Cityreserves the rightto requirecomplete, certifiedcopies of allrequiredinsurance policies,at any time.

B. City’sRightto Revise Requirements. The Cityreserves the rightat any time during the term of the Contract to change the amounts and types of insurance requiredby givingContractorninety(90) calendar days’ advance written notice of such change. If such change results in substantialadditionalcost to Contractor, City and Contractor may renegotiate Contractor’scompensation.

C. Right to Review Subcontracts. Contractoragrees thatupon request, all agreements with subcontractors or others with whom Contractor enters intocontractswith on behalf of Citywillbe submitted to City for review.

Failureof Cityto requestcopies of such agreements willnot impose any liabilityon City,or itsemployees. Contractor shallrequire and verifythat South Waterfront Construction Corporation Page C-4
all subcontractors maintain insurance meeting all the requirements stated in Section Four, including required coverage types, limits, endorsements, and notice provisions.Contractor shallensure that City isan additionalinsured on insurance required from subcontractors. For CGL coverage, subcontractors shallprovide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failureon the part of City to inform Contractor of non-compliance with any requirement imposes no additionalobligationson City nor does itwaive any rightshereunder.

E. Requirements not Limiting.Requirements of specificcoverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limitsor other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature isfor purposes of clarificationonly as itpertains to a given issue and isnot intended by any partyor insured to be allinclusive, or to the exclusion of other coverage, or a waiver of any type. Ifthe Contractor maintains higher limitsthan the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limitsof insurance and coverage shall be available to the City.

F. Self-Insured Retentions. Contractor agrees not to self-insureor to use any self-insuredretentionson any portion of the insurance required herein and furtheragrees that itwillnot allow any indemnifying partyto self-insureits obligationsto City. If Contractor’s existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor,which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on theirpolicies.

G. City Remedies for Non Compliance. IfContractor or any subcontractor failsto provide and maintain insurance as required herein, then City shallhave the rightbut not the obligation,to purchase such insurance, to terminate thisContract, or to suspend Contractor’s rightto proceed until proper evidence of insurance is provided. Any amounts paid by City shall,at City’s sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.

H. Timely Notice of Claims. Contractor shallgive City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liabilitypolicies.City assumes no obligationor liabilityby such notice,but has the right(but South Waterfront Construction Corporation Page C-5
not the duty)to monitor the handling of any such claim or claims ifthey are likelyto involveCity.

Coverage not Limited. Allinsurance coverage and limitsprovided by Contractor and availableor applicable to thisContract are intended to apply to the fullextentof the policies.Nothing contained in this Contract or any other agreement relatingto City or itsoperations 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 shallprovide proof that policiesof insurance required herein 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’s insurance agent to thiseffectis acceptable.

A certificate of insurance and/or additional insured endorsement as required in these specificationsapplicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expirationof the coverages.

J.

South Waterfront Construction Corporation Page C-6

EXHIBIT D
Grant Agreement, Surrendered and Abandoned Vessel
Exchange (SAVE-25), Grant No. C25S0606
South WaterfrontConstructionCorporation Page D-1
state of California- Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DIVISION OF BOATING AND WATERWAYS

GRANT AGREEMENT - CERTIFICATE OF FUNDING
Cityof Newport Beach
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-25)
$100,000.00
C25S060(
\\"I/O1*1^ throughSeptember30,2027
GRANTEE:

GRANT TITLE:

GRANT AMOUNT:

GRANT NUMBER:

GRANT TERM:

The Grantee agrees to the terms and conditionsof thisagreement, hereinafterreferred to as Agreement, and the State of California,actingthrough itsDirectorof the Department of Parks and Recreation,and pursuant to the State of Californiaagrees to fund the totalState grant amount indicated below and in Exhibit F which is a part of the agreement consistingof:ExhibitA “Project Representatives",ExhibitB “GrantTerms and Conditions’,Exhibit C “General Terms and Conditions’, Exhibit D "Grantee Certification Clauses", Exhibit E ’Darfur Contracting Act’, Exhibit F “Application/Scope of Work”.

Agency: Department of Parks and Recreation
Divisionof Boating and Waterways
ATTN: Gina Disney
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA
AuthorizedSignature:^
Grantee: CityofNewport Beach
Address; 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature:

Printed Name: Keren DillPrinted Name:

StaffServices Manager IITitle:Title of Authorized
Representative:

Date; Date:

APPROVED AS TO FORM:

CRY ATTORNEY'S OFFICE
Date-,
A
ity'fetomeyBy:

Aaron GL Harp, C
\o TV’iAC
Contract# CZSSOeoe, CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) Rscal Year 2025/2026,Date:09/18/2025Page; 1 Of46

CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
Cityof Newport Beach
FY 2025/26 Surrendered and Abandoned Vessel Exchange (SAVE) $100,000.00
GRANTEE:

GRANT TITLE:

GRANT AMOUNT:

C25S0606GRANT NUMBER:

September 30, 2027END DATE:

PROJECT NO
3790OTHER

AMENDMENT NO SUPPLIER ID
0000035109

AGREEMENT NO
C25S0606

AGENCY BILLING CODE NO
053709

FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-25)
AMOUNT

ENCUMBERED BY

THIS DOCUMENT
$100,000.00

FISCAL YEAR
2025/26
/\pprop.Ref.Fund
3790-101-0577

CHAPTER STATUTEREPORTING

STRUCTURE
137900709
04 2025

ACCOUNT
5432000

ALT ACCOUNT
5432000000

ACTIVITY CODE
69996

BUSINESS UNIT PROGRAM
28550233790
ContractU C25SQ6D6, CityofNewport Beach.Surrenderedand AbarKloned Vessel Exchange (SAVE) Rscal Year 2025/2026.Date:09/18/2025Page; 2 of46

STATE OF CALIFORNIA
Department of Parks and Recreation,Divisionof Boating and Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2025/26

EXHIBIT A - PROJECT REPRESENTATIVES
The servicesshallbe performed inthe jurisdictionof:Cityof Newport Beach Grantee (Agency Name):

Cityof Newport Beach
State Agency:

Divisionof Boating and Waterways
Grantee Representative*:Paul BlankName: Gina Disney
Title:HarbormasterTitle:Grants Program Manager
MailingAddress;
100 Civic Center Drive,
Newport Beach, CA 92627
Address:
4940 Lang Ave.,Dock H, Administration,Floor12
McClellan, CA 95652
Remit to Address:

Phone: (949)270-8159Phone: (916)902-8821
Fax;Fax:

Email: [email protected]:[email protected] Conlract# C2SS0606. Cityof Newpoft Baach, Surrandefed and Abandoned Vessel Exchange (SAVE) FiscalYear 202Sf2026, Dale:09(18(2025Page: 3 of 46 INDEX

PAGEDESCRIPTION

EXHIBITS GRANT TERMS AND CONDITIONS
PURPOSE OF THE PROGRAM1. 6
RIGHT OF INSPECTION2. 7

3. ANNUAL MEETING 7

4. TIMELINES 7

5. HAZARDOUS MATERIALS 7
TITLES AND LIENS6. 7
GRANTEE CITATIONS - ABANDONED VESSELS 77.

MEDIA 78.

MEDIA MATERIALS RELEASE 8g.

PERMITS AND DOCUMENTATION 810.
911. SECURING OF BIDS
CONTRACTS WITH SERVICE PROVIDERS 912.
913. SUBCONTRACTORS
TRAFFIC CONTROL AND TRAFFIC SAFETY 914.

15. AIR OR WATER POLLUTION VIOLATION 9
9ENTIRE AGREEMENT16.

APPROVAL OF AGREEMENT AND AMENDMENTS 917.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

REQUIREMENT
1018.
10AUTHORITY TO CONTRACT19.

COMPLIANCE WITH LAW AND REGULATIONS 1020.

INDEPENDENT CONTRACTOR 1021.
1022. INSURANCE REQUIREMENTS
13TERMINATION23.
1324. ASSIGNMENT
13MATCHING 10% REQUIREMENT25.

BUDGET DETAIL AND PAYMENT PROVISIONS 1426.
16BUDGET CONTINGENCY CLAUSE27.
16INDEMNIFICATION28.
1729. FUNDS ASSIST
1890-DAY RETURN OF GRANT DOCUMENTS TO DBW30.

Coriraet# C2SS0606. Cityof Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 4 of 46

31. ANTI-CORRUPTION 18

32. AQUATIC INVASIVE SPECIES 18
GENERAL TERMS AND CONDITIONSEXHIBIT C 19
GRANTEE CERTIFICATION CLAUSESEXHIBIT D 23
27DARFUR CONTRACTING ACTEXHIBIT E
ContractttC25S0606. CityotNewport Beach.Surrenderedand Abandoned VesselEitchange(SAVE) FiscalYear 2025/2026,Date:09/18/2025 Page; 5 of 46

EXHIBIT B - GRANT TERMS AND CONDITIONS

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM PURPOSE OF THE PROGRAM:

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 property as described in HNC 522 (below) within Grantee’s jurisdictionas listedin ExhibitA.

1. a.
(1)
HNC Section 522: “Any hulk,derelict,wreck, or partsof any ship,vessel, or other watercraft sunk, 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, for a period longer than 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 recreational vessel that the verifiedtitleholderhas willinglysurrendered to a willingpublic agency under both of the followingconditions:

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

The decisionto accept a vesselisbased solelyon the potentialof the vesselto likelybe abandoned and cause environmental degradationor become a hazard tonavigation."
Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantialhazard to navigation, from navigablewaterways or adjacentpublicproperty,or privatepropertywith the landowner's consent.

The funds provided under this Agreement shall not be utilized for surrender, abatement, removal,storage,or disposalof commercial vessels. Commercial vessels include those vessels forwhich the most recent registrationor documentation was commercial, even though that registrationor documentation may have lapsed.

IfGrantee is reimbursed for the costs related to the surrender, abatement, removal, storage,and/ordisposalof an eligiblewater hazard by the registeredor legalowner or other person or entityknown to have an interestinthe water hazard, then the water hazard shallno longer be eligibleforfunding under thisAgreement. Grantee shall notifyDBW inwritingof such reimbursement and shallreturnallfunds disbursed by DBW to Grantee with respect to such water hazard immediately.

Vessels listedin Exhibit F Application/Scope of Work are considered solely a demonstration of the agency's need forfunding,not an approval thatthe individual (a)
(b)
(3)
b.
c.
d.

Contract# C25S0606, CityofNewport Beach, Surranderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Date;09/18/2025Page; 6 of46 vesselsare eligibleforSAVE funding.

RIGHT OF INSPECTION2.

Grantee shallallow DBW and other stateagency representatives,at any reasonable time, to inspect any site where Grantee or itssubcontractors are performing work under this Agreement.

ANNUAL MEETING3.

Grantee'srepresentativeor alternateshallparticipatein an annual grant management and regionalcoordinationone-day videoor phone conferenceconducted by DBW during the term of thisagreement.

4. TIMELINESS
Grantee agrees to complete the scope ofwork submittedin itsapplicationina timelyfashion.

HAZARDOUS MATERIALS5.

Grantee shallbe responsiblefor securing any necessary or prudent studies,permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including,but not limitedto,toxicwaste, petroleum waste, asbestos, and similarsubstances, priorto the removal of any vessel and water hazard pursuant to this Agreement.

Grantee shallbe responsible for the proper and lawfulhandling, abatement, removal, storage,and/or disposalof any hazardous substances encountered in the execution of this Agreement.

6. TITLES AND LIENS
Abandoned vessels; Grantee shall comply with allrelevant provisions of the Harbors and Navigation Code regarding notices, hearings and iiens 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 “verifiedtitleholder.” b.

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

GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall,in accordance with HNC 525(a-c), issue the lastregistered vessel owner a citationforabandoning a 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 othertype of promotional material. c.

7. 8.

Contract# C25SQ606. CityofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page; 7 of46 MEDIA MATERIALS RELEASE9.

Grantee agrees to irrevocablygrant to CaliforniaState Parks, Divisionof Boating and Waterways, itsemployees, officers,agents,and assigns (hereinafterreferredto as “DBW"), the non-exclusive, royalty-free,perpetual and worldwide right and permission to use, reproduce, publish,copy, distribute,alter,license,adapt, and displaythe photographs, motion pictures,captioninformation,and/or writtenquotes (hereinafterreferredto collectively as “Photographs"),thatthe Grantee has submitted to DBW for art,editorial,advertising, marketing, trade, broadcast, print,educational programs, or any other lawful purpose whatsoever, in any and allmedia. In connection with the foregoing license,the Grantee agrees not to use, reproduce,adapt,or displaythe Photographs, or allowothers to do so. in a manner thattends to subjectDBW or itsAbandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTiP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule,disparagement, mockery, satire,or thatcould tarnish the image ofthe DBW's AWAF. VTIP, and/orSAVE programs. Grantee hereby releases and discharges DBW from any and allclaims and demands arisingout of or in connection with the use of the Photographs, includingwithout limitations,any and allclaims for libel, defamation,invasionof privacy,and/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 itwill not be paid forany use or rightgranted herein.

Grantee understands and agrees thatthe Photographs may be used inwhole or in part,at any time.The licensegrantedhereinto DBW includesthe rightand permissionto conduct or have conducted such alterationsto the Photographs as DBW deems necessary. Grantee releasesand discharges DBW and agrees to Indemnifyand hold DBW harmless from any liabilityby virtueofany blurring,distortion,alteration,opticalillusionor use incomposite form, loss or damage, whether intentionalor otherwise, that may occur in the use of the Photographs. Grantee waives any rightto inspect or approve any finished product, advertisingor othercopy thatmay be used inconnectiontherewith or the use to which itmay be applied.

Grantee declares and avows thatthe Photographs itissubmittingto DBW are itsown original work inallrespects.Grantee isthe sole and exclusiveowner of the Photographs; they are free,clear,and unencumbered. No partof them istaken from or based on any other work; no part infringesthe copyrightor any other rightof any person; and the reproduction, publication,exhibition,orany otheruse by DBW ofthe Photographs inany form whatever will not inany way, directlyor indirectly,infringeon the rightsof any person.Grantee agrees to indemnify and hold DBW harmless from and against any and allloss, damage, costs, charges, legalfees, recoveries,judgments, amounts paid in settlement,penalties,and expenses thatmay be obtainedagainst,imposed on, or sufferedby DBW by reason of (1) any violationor infringementof any proprietaryrightor copyright;or (2) any libelousor unlawfulmatter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless forany such amounts arisingfrom itsbreach of any covenant, representation, or warranty of thisagreement.

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

10. Contract# C25S0606. Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) RscalYear 2025/2026,Date:09/18/2025 Page: 8 Of 46 Grantee shallobtainallnecessary 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.

Allcontracts/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 responsible forensuring thatany 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 ofGrantee’scontractorsor subcontractorsfailto fulfillany of these requirements,thatGrantee itselfcarriesgeneralcommercial 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,granteeshallprovideDBW witha certificateof insurance from any contractor(s)and subcontracfor(s).Grantee’s agreement number (C22SXXXX) must appear on the certificateof insurance.

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

AIR OR WATER POLLUTION VIOLATION
Grantee warrants thatitisnot (1)inviolationofany order or resolutionnot subjectto review promulgated by the StateAirResources Board or an airpollutioncontroldistrict;(2)subject to any cease and desistordernot subjectto reviewissued pursuant to Water Code section 13301 forviolationof waste discharge requirements or discharge prohibitions;or (3)finally determined to be in violationof provisionsof federallaw relatingto airor water pollution.

ENTIRE AGREEMENT
This Agreement consistsof the terms of thisAgreement and all attachments, which are expresslyincorporatedherein.No amendment or variationof the terms of thisAgreement shallbe validunless made inwriting,signed by the partiesand approved as required.

APPROVAL OF AGREEMENT AND AMENDMENTS

13. 14.

15. 16.

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

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT18.

There are no Disabled Veteran Business Enterprise participationrequirements with this Conlract# C25S0606. CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Date: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 delegationof contractingauthorityfrom itsiocalgoverning body that by law has authorityto contract.Alternatively,Grantee shallprovideDBW witha resolution, order,motion, or ordinance of itslocalgoverning body thatby law has authorityto contract, authorizingexecutionof thisAgreement.

COMPLIANCE WITH LAW AND REGULATIONS20.

Grantee and Itssubcontractor(s)shallcomply with allapplicablelaws and regulationsof the State of Californiafor allwork to be performed under thisAgreement. By signing this Agreement. Grantee certifiesitscompliance and the compliance of allsubcontractors with:
(a)applicableprovisionsofthe CaliforniaEnvironmentalQualityAct; (b)Nondiscrimination Program requirementsof Government 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 section 8350 et seq.;(d)NationalLabor Relations Board Certification of PublicContractCode section 10296; (e)Workers' Compensation requirement of Labor Code section3700; and (f)Americans with DisabilitiesAct regulationsissued pursuantto 42 U.S.C. section 12101 etseq.

21. INDEPENDENT CONTRACTOR
Grantee and itsemployees are independent contractorsand shall not be considered officers or employees ofDBW or agentsofthe StateofCalifornia.

22. INSURANCE REQUIREMENTS
The abatement, removal, storage,and /ordisposalof vessels under thisAgreement is a hazardous activity.Grantee thereforemust maintaincommercial general liabilityinsurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Officeof Risk and Insurance Management (ORIM).

GENERAL PROVISIONS APPLYING TO ALL POLICIESa.

Coverage Term(1)
Coverage needs to be inforceforthe complete term of the Agreement. Any new insurance must stillcomply with the originalterms of the grant and be provided to DBW upon request.

Policycancellationor termination& noticeofnon-renewal(2) Insurance policiesshallcontain a provisionstatingcoverage willnot be cancelled without 30 days priorwrittennotice to the DBW. In the event Grantee failsto keep ineffectat alltimes the specifiedinsurance coverage, the DBW may, inadditionto any other remedies itmay have, terminate this Agreement upon the occurrence of such event,subjectto the provisionsof thisAgreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.

Primary clause(4)
Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) iFscalYear 2025/2026,Dale;09/18/2025Page: 10 of46 Any requiredinsurance contained inthisAgreement shallbe primary, and not excess or contributory,to any other insurance carriedby the State. (5) Insurance carrierrequiredrating
Allinsurance companies must carry a ratingacceptable to ORIM. If the Grantee is self-insuredfor a portion or allof itsinsurance, review of financialinformationincludinga letterof creditmay be requiredby DBW or ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically attached to allrequested certificatesof insuranceand not substitutedby referringto such coverage on the certificateof insurance. (7) Inadequate Insurance
Inadequate or lackof insurancedoes not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shallinclude allsubcontractors as insured'sunder Grantee’s insurance or supply evidence of subcontractor's insurance to the State when requested equal to policies,coverages, and limitsrequired of Grantee,
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shallmaintain general liabilityon an occurrence form with limitsof not less than $1,000,000 per occurrence for bodily injuryand propertydamage liabilitycombined with a $2,000,000 annual policy aggregate. The policyshallincludecoverage forliabilitiesarising out of premises, operations,independent subcontractors,products,completed operations,personaland advertisinginjury,and liabilityassumed under an insuredagreement. This insuranceshallapply separatelyto each insured againstwhom claimismade or suitisbroughtsubjectto the Grantee’s limit of liability.The policymust include:
"The State of California,itsofficers,agents, employees and servants as additionalinsureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work. Grantee shallinclude allsubcontractors as insured'sunder Grantee’s insurance or supply evidence of insurance to the Stateequal to policies,coverages and limitsrequiredof Grantee. (2) Automobile Liability
The Grantee shallmaintain motor vehicle liabilitywith limits not less than $1,000,000 combined singlelimitper accident.Such insurance shall cover Contract# C25S06CI6,CityofNewportBeach,Surrenderedand Abandoned Veasel Exchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 11 of 46 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 with or relatedto the activitiescontemplated in thisAgreement." This endorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.

Workers Compensation and Employers Liability(4)
The Grantee shall maintain statutory worker’s compensation and employer’sliabilitycoverage forallitsemployees who willbe engaged in the performanceoftheAgreement. Employer’sliabilitylimitsof $1,000,000 are required.The insurerwaives any rightof recoverythe insurermay have againstthe Statebecause of payments the insurermakes for injuryor damage arisingoutof the work done under agreement with the State. A Waiver of Subrogationor Rightto Recover endorsement in favor of the State must be attached to certificate.

Ifapplicable.Grantee shallprovidecoverage forallitsemployees for any injuriesor claimsunder the U.S. Longshoremen’s and Harbor Workers’ Compensation Act,the Jones Act or under laws,regulations,or statutes applicableto maritimeemployees. By signingthisagreement, Grantee acknowledges compliance with these regulations.

ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shallmaintainPollutionLiabilityforlimitsnot less than $1,000,000 occurrencecoveringtheGrantee'sliabilityforbodilyinjury,propertydamage and environmentaldamage resultingfrom pollutionand relatedcleanup costs incurred arisingout ofthework orservicestobe performedunder thisagreement. The policy must include:
"The State of California,itsofficers,agents, employees and servants as additional insureds,but onlywithrespectto work performed under the agreement." Thisendorsement must be suppliedunder form acceptableto the Office of Risk and Insurance Management.

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

SELF INSURANCE
Ifthe Grantee is self-insuredfor a portion or allof itsinsurance, the Grantee shall provideevidence of self-insurancewhen requestedby DBW. Review of financial informationincludinga letterof creditmay be required.The DBW reserves the right to request financialinformation.
c.
d.

Coriract# C25S0606, Oty ofNewport Beach, Surrenderedand AbandonedVesselExchange(SAVE) FiscalYear2025/2026,Dale:09/18/2025Page: 12 Of46 STATEMENT OF INSURANCE COVERAGE:e.

Grantee certifiesand agrees that they have allrequired insurance coverages as stated in the grant agreement, which willbe in effectfor the entire term of the agreement.

Approverinitials; iL Date:II/5/'K)2'S‘
Name:(Jr/ACS.L-CUkVi^Title:

23. TERMINATION
DBW may terminate thisAgreement for any reason upon thirty(30) days written notice to Grantee.
a.

Ifthe Grantee failsto keep the requiredinsurancein effectat alltimes duringthe term of thisagreement, DBW may, in additionto other remedies itmay have, terminate thisagreement upon two days' writtennotice.

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

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

24. ASSIGNMENT
This Agreement is not assignable by the Grantee, eitherin whole or in part,without the consent of the State in the form of a formal written amendment.

25. MATCHING 10% REQUIREMENT
Section 525(C) of the Harbors and NavigationCode states,"A grantawarded by the department pursuant to subparagraph (A) shallbe matched by a 10% contribution from the localagency receivingthe grant."
The 10% contribution is in addition to funds awarded inthe grant and may be made by cash and/or in-kindcontributionsfrom agency's personnel hours (nethourlyrate only with no benefitsincluded)forwork completed directlytoward SAVE program objectives.Other SAVE-related expenses may be used with advance DBW approval in writing.
a.
b.

Ifusing personnel hours forin-kindmatch, only net.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 in any way - directly,indirectly,or as pass-through funds. The statement of in-kind hours must be on the form provided by DBW through the Online Grants Application (OLGA), or availableupon request, and must include;
Activitydate
Vessel/issuename or description
Personnel name
c.
(1)
(2)
(3)
Contract# C25S0606, Oty of Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025^2026.Dale:09/18/2025Page: 13 of46 Descriptionof SAVE program serviceprovided
Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
Hourly rateand totalvalue
(4)
(5)
(6)
The burden of proofincomplying v\/iththe 10-percentcontributionrequirement isthe responsibilityof the grantee. Funds willnot be disbursed untilthe grantee has providedDBW withacceptabledocumentation thatitcomplied with the 10-percent contributionrequirement foreach disbursement.

BUDGET DETAIL AND PAYMENT PROVISIONS
Covered Expenses and Reimbursement Claims Processes
Rates charged by the Grantee’s service providers,contractors,or subcontractorsshallbe pre-negotiatedwith the Grantee and documented in writing.DBW willreimburse the followingcontract-negotiatedrate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels;
Raisingof submerged vessels from 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 ifvesselIsinwatersgreaterthan 15 feet deep at low water.

Vessel removal from accessible locations
Hazardous materials(hazmat)removaland disposal
Towing
Storage
d.
26 a.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
Without liensale:60 days maximum
With iiensale:90 days maximum withjustification
ifstoredonsiteat Grantee’sfacility,100% ofthe normal rale ofchargetothepublicmay be used tosatisfythe10% in
kind match requirement,and fee schedule isrequiredfor
verification.

I.
ii.
iii.

Lien sale expenses: fees charged by liensale servicecompanies, postage, DMV fees, and advertisingcosts
Pubiic noticeadvertising
Vessel appraisal
Salvage and demolition
Rates charged by the Grantee’s service providers,contractors,or subcontractorsshallbe pre-negotiatedwith the Grantee and documented in writing.DBW willreimburse the followingcontract-negotiatedrate expenditures provided by Grantee’s contracted serviceproviders, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
(9)
(h)
(i)
G)
(2)
Contract# C25S0606, CityofNewport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Dale:09/18/2025Page; 14 of46 (a) Vessel and/orhazardous materialremoval and disposal (b) One tow to destructionsite
(c) Demolition
(d) Raising of submerged surrendered vessels may only be reimbursed with DBW’s advanced writtenapproval
Other expenses may be considered with advance written approval from DBW.

Ineligibleexpenses 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 sign and date each reimbursement claim in blue ink and submit with the followingdocuments to DBW:

Invoices from service providers, contractors and/or subcontractors to Grantee;
Invoicesmust containthe following:
(a) Name and address of Grantee
(b) Contractor 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) Cancelled check (withbank's cancelledstamp on back of check copy) (b) Copy of creditcard statementcharge slip
(c) Invoicesfrom serviceprovidershowing 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% requirement with In-kind services, complete the DPR265 Itemized 10% In-kindContributionStatement located in OLGA or available upon request,
(b) Only net hourly rates willbe accepted. Grantee must include verification of net rates with firstclaim and each time rates change.

Photos of vessels (Required)
(a) One photo showing the vessel where 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)
Corlract$ C25S0606, Cityof Newport Beach, Surrendefed and Abandoned VesselExchange (SAVE) fiscalYear 2025/2026.Date;09/18/2025 Paga: 15 of 46 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 legalclaim to the vessel,includingthose owing penalties or back taxes.

NOTE: Vessel ownership verificationisrequired;however, itisnot required thatboat owners bringtheirregistrationup to date to surrender their vessel through the VTIP.
(6) 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 60x942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email:[email protected]
d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shallresultinforfeitureof allfunds provided under thisagreement.

Reimbursement requests and statusupdates shallbe submitted at leastquarterly,but not more frequentlythan monthly.Ifno reimbursablework has been completed, the Grantee shallsubmit a statusupdate inlieuofa reimbursement request, f. Allfinalrequests forpayment must be submitted to DBW no laterthan forty-five(45) days afterthe expirationdate ofthe agreement. DBW willnotreimburserequest(s) received afterNovember 14. 2027.

27. BUDGET CONTINGENCY CLAUSE
a. Itismutuallyagreed that ifthe Budget Act of the currentyear and/or any subsequent years covered 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 furnish any other considerationsunder thisAgreement and Grantee shallnot be obligated to adhere to any provisionsof thisAgreement,
b. 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 c.
e.

ContractttC25S0606, CityofNewport Beach,Surrenderadand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 16 of 46 the reduced amount.

28. INDEMNIFICATION
DPR shallnot be answerable or accountable in any manner for,any loss or expense by reason of any damage or injuryto person or propertyarisingout of or relatedin any way to activitiescarriedout by Grantee, itsagents, officers,contractors, subcontractors and/or employees.

Under thisAgreement, Granteeshallprotect,hold harmless,indemnify and defend DPR, its agents,officers,and/oremployees againstany and allactions, claims, and damages to personsor property,penalties,obligationsand liabilitiesthatmay be assertedor claimed by any person,firm,association,entity,corporation,politicalsubdivision,or otherorganizationor person arisingout of or in connection with Grantee or Grantee’s contractor's or subcontractor's activitieshereunder, whether or not there isconcurrent passive negligence on the partofDPR, itsagents,officers,and/oremployees.

29. FUNDS ASSIST
The Funds Assistprocessenablesgranteeswithunused funds to assistother participating SAVE agenciesin need. For up to six(6)months priorto the expirationdate of the grant.

Funds Assistant is voluntary.Thereafter,at DBW’s discretion,participationshall be mandatory forgranteeswithanticipatedremainingbalances.Failure to participateshall negativelyaffectgrantee'sscoreon futuregrantapplicationsfora periodof up tothree (3) years.

The Funds Assistprocess works as follows:

DBW willemail allgrantees to identifyiffunding willgo unused or ifallfunding is needed. Grantee shallrespond with a confirmation:allfunds willbe utilized,ifallfunds willgo unutilizedand how much, or iffundsare needed and how much. DBW will preparegrantamendments to reduce or add funds to grantees as appropriate.

Grantee shall execute amendments in a timely manner.

Ifgrant amendments are not possible,DBW may requirecollaboration and reimbursement between agencies. Specificsforthisprocess willbe discussed with participatingagencies when needed.
a.
b.
90-DAY RETURN OF GRANT DOCUMENTS TO DBW30.

Grant agreements issuedtothe awarded agency must be completed and returnedwithin90 days ofthedateof issuanceaccordingto the instructionsissued by DBW with the grant agreement. Ifextenuatingcircumstancespreventthe abilityof the agency to meet this deadline,approvalfromDBW 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,subcontractororotherserviceproviderincreasestheirfee{s)due to the existenceor balance of a SAVE grantinorder to increasetheirfee(s).Such serviceproviders may be investigatedforpricegouging.Ifinvestigated,a two-yearhistoryofchargesappliedto work of allknown SAVE grantwork by thatcontractorwillbe requiredby DBW forreview.

32. AQUATIVE INVASIVE SPECIES
Grantees are requiredto ensure thatthey and alltheirsub-contractors take allnecessary precautionstopreventthespreadofaquaticinvasivespecieswhen removingand transporting Coniract# C25S0606.CKy ofNewportBeach.Surrenderedand Abandoned VesselExchange (SAVE) RscalYear 2025/2026.Date;09/18/2025Page: 17 of46 vessels and other marine debris.At minimum, precautions willincludedrainingaliwater and ensuringthatmaterialisdry 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.

Contract#C25S0606. CityofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Data:09/18/2025Page: 18 of46

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL:

ThisAgreementisofno forceoreffectuntilsignedby bothpartiesand approvedby the DepartmentofGeneralServices,ifrequired.Granteemay not commence performance until such approval has been obtained.

EFFECTIVE DATE:

Effectivedatemeans eitherthestartdateortheapprovaldate by the Department of General Services (DGS), whichever islater.In cases where DGS approvalisnot required,this Agreement isof no force or effectuntilthe date of the lastDBW signature.No work shall commence untilthe effective date.

AMENDMENT:

No amendmentorvariationofthetermsofthisAgreementshallbe valid unless made in writing,signedby thepartiesand approvedas required.No oralunderstandingorAgreement notincorporatedintheAgreementisbindingon anyof the parties.

ASSIGNMENT:

ThisAgreement isnotassignableby theGrantee,eitherinwhole or in part,withoutthe consent of the State in the form of a formal writtenamendment.

AUDIT:

Granteeagreesthattheawardingdepartment,theDepartmentof General Services,the BureauofStateAudits,ortheirdesignatedrepresentativeshallhave theirghtto review and tocopyany recordsand supportingdocumentationpertainingto the performance of this Agreement. Grantee agrees to maintain such records for possible auditfor a minimum ofthree(3)yearsafterfinalpayment,unlessa longerperiod of records retention is stipulated.Granteeagreestoallowtheauditor(s)access to such recordsduringnormal businesshoursand toallowinterviewsofany employeeswho might reasonablyhave informationrelatedtosuch records.Further,Granteeagrees to includea similarrightof the Statetoauditrecordsand interviewstaffinany subcontractrelatedto performance of this Agreement.(Gov.Code §8546.7,Pub.ContractCode §10115etseq., CCR Title2, Section 1896).

INDEMNIFICATION:

Granteeagreesto indemnify,defendand save harmlesstheState,itsofficers,agentsand employeesfromany and allclaimsand lossesaccruingor resultingto any and all contractors,subcontractors,suppliers,laborers,and any otherperson,firmor corporation furnishingor supplyingwork services,materials,or supplies in connection with the performanceofthisAgreement,and fromanyand allclaimsand lossesaccruingorresulting toany person,firmorcorporationwho may be injuredor damaged by the subcontractor GranteeintheperformanceofthisAgreement.

DISPUTES:

GranteeshallcontinuewiththeresponsibilitiesunderthisAgreement duringany dispute.

TERMINATION FOR CAUSE:

The Statemay terminatethisAgreement and be relievedof any payments should the GranteefailtoperformtherequirementsofthisAgreement at the time and in the manner ContractItC25S0608,CityofNowporlBeach,Sutrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date;09/18/2025Page: 19 of46

2. 3.

4. 5.

6. or

7. 8.
herein provided. In the 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 writing under penalty of perjury,the minimum, ifnot exact, percentage ofpost-consumer materialas definedinthe Public Contract Code Section 12200, in products,materials,goods, or suppliesofferedor sold to the State regardless of whether the productmeets the requirementsof PublicContractCode Section 12209. With respect to printeror duplicationcartridgesthatcomply withthe requirements of Section 12156(e).the certificationrequired by thissubdivisionshallspecifythatthe cartridgesso comply (Pub.

Contract Code §12205).

NON-DISCRIMINATION CLAUSE:

During the performance of thisAgreement, Grantee and its subcontractors shall not unlawfullydiscriminate,harass,or allow harassment againstany employee or applicantfor employment because of sex,race,color,ancestry,religiouscreed, nationalorigin,physical disability(includingHIV and AIDS), mental disability,medical condition(e.g.,cancer), age (over 40), maritalstatus,and denialof familycare leave. Grantee and subcontractors shall insure thatthe evaluationand treatment of theiremployees and applicantsforemployment are free from such discrimination and harassment. Grantee and subcontractors shallcomply withthe provisionsof the FairEmpioyment and Housing Act (Gov. Code §12900 et seq.)and the applicableregulationspromulgatedthereunder(CaliforniaCode of Regulations,Title2, Section 11000 et seq.),the provisionsof Article9.5,Chapter 1, Part 1. Division3, Title2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding stateagency to implement such article.GRANTEE shall permit access by representativesof the Department of Fair Employment and Housing and the awarding stateagency upon reasonable noticeat any time duringthe normal business hours, but in no case less than 24 hours' notice, to such of itsbooks, records, accounts, and all other sources of information and itsfacilitiesas said Department or Agency shallrequireto ascertain compliance with thisclause. Grantee and itssubcontractors shall give written notice of theirobligationsunder thisclause to labor organizationswith which they have a collectivebargainingor otherAgreement.(See Cal.Code Regs., tit.2, §11105.)

9. 10.

Grantee shall include the nondiscrimination and compliance provisionsof thisclause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES:

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

12. TIMELINESS:

Time isof the essence inthisAgreement.

13. COMPENSATION:

The considerationto be paid Grantee, as provided herein,shallbe incompensation forallof Grantee's expenses incurredinthe performance hereof,as outlined in Exhibit B, item #24.

ContractttC25S0606, CityofNewport Beach. Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Data;03118/2025Page: 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 obtainedby means of a competitivebid,the Grantee shallcomply 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 under Section4 ofthe ClaytonAct (15 U.S.C.

Sec.15)orundertheCartwrightAct(Chapter2 (commencingwithSection16700)of Part2 of Division7 ofthe Business and ProfessionsCode), arisingfrom purchases of goods, materials,or servicesby the bidderforsaleto the purchasing body pursuant to the bid.Such assignment shallbe made and become effective at the time the purchasingbody tendersfinalpayment to the bidder.Government Code Section 4552.

Ifan awardingbody orpublicpurchasingbody receives,eitherthroughjudgment settlement,a monetary recoveryfora cause of actionassigned under thischapter, the assignorshallbe entitledtoreceivereimbursement foractuallegalcostsincurred and may,upondemand,recoverfromthepublicbodyany portionof the recovery, includingtrebledamages,attributabletooverchargesthatwere paidby 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 of action.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 importanceof childand familysupport obligationsand shallfullycomply withallapplicablestateand federallaws relatingtochildand family supportenforcement,including,butnotlimitedto,disclosure of information and a.
(1)
an
(2) or agency
b.
c. or
d.
a.

Contract# C2SS0606. CityofNewportBeach,Surrenderedand AbandonedVesselExchange(SAVE)FiscalYear2025/2026.Dale:09/18/2025 Page; 21 Of 46 compliancewithearningsassignmentorders,as providedinChapter 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 includesservicesinexcess of$200,000,the Grantee shallgive priority considerationinfillingvacanciesinpositionsfunded by the agreement toqualifiedrecipients of aid under Welfare and InstitutionsCode Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

IfforthisAgreement Grantee made a commitment to achieve small business participation,thenGrantee must within60 days ofreceivingfinalpayment under this Agreement (orwithinsuch othertimeperiodas may be specifiedelsewhere in this Agreement) reportto the awarding departmentthe actualpercentage of small business participationthatwas achieved. (Govt.Code § 14841.) IfforthisAgreement Grantee made a commitment to achieve disabled veteran business enterprise(DVBE) participation,then Grantee must within 60 days of receivingfinalpayment under thisAgreement (orwithinsuch other time period as may be specifiedelsewhereinthisAgreement) certifyin a reportto the awarding department;(1)thetotalamount the primeGranteereceived under the Agreement; (2)thename and addressoftheDVBE(s) thatparticipatedinthe performance of the Agreement;(3)theamount each DVBE receivedfromtheprime Grantee; (4)thatall payments under the Agreement have been made tothe DVBE; and (5)the actual percentageof DVBE participationthatwas achieved. A person or entity that knowinglyprovidesfalseinformationshallbe subjectto a civilpenalty for each violation.(Mil.& Vets.Code § 999.5(d);Govt. Code § 14841.) a.
b.

20. LOSS LEADER:

Ifthisagreement involvesthe furnishingof equipment, materials, or supplies then the followingstatementisincorporated;Itisunlawfulforany person engaged inbusiness within thisstateto sellor use any articleor product as a “loss leader” as defined in Section 17030 of the Business and ProfessionsCode. (PCC 10344(e).)
Contract# C25S0606. Cityof Nawport Beach, Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2D25/2026.Dale: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)
^
PrintedName and TitleofPerson Signing
Date Executed Executed inthe County of
Orange

GRANTEE CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE:

Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov.Code §12990 (a-f)and CCR, Title2,Section11102) (Notapplicabletopublicentities.) DRUG-FREE WORKPLACE REQUIREMENTS:2.

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

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

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

Every employee who works on the proposed Agreement will; receivea copy of the company's drug-freeworkplace policystatement; and, agree to abide by the terms of the company's statementas a condition of employment on the Agreement.

Failureto comply withthese requirementsmay resultin suspension of payments under the Agreement or terminationof the Agreement or both and Grantee may be ineligibleforaward of any futureStateagreements ifthe department determinesthat any of the followinghas occurred; the Grantee has made false certification,or violatedthe certificationby failingto carryout the requirementsas noted above. (Gov. Code §8350 et seq.) a.
b.
(1)
(2)
(3)
(4)
c.
(1)
(2)
Contract # C25S0606, CSy of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 202»2026. Date:09/iar2025Page: 23 of46 NATIONAL LABOR RELATIONS BOARD CERTIFICATION:3.

Grantee certifiesthatno more than one (1)finalunappealable findingof contempt of courtby a Federalcourthas been issuedagainstGrantee withinthe immediately preceding two-year period because of Grantee'sfailureto comply withan order of a Federal court, which orders Grantee to comply with an order of the NationalLabor RelationsBoard. {Pub. ContractCode §10296) (Notapplicabletopublicentities.)
CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:4.

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

Grantee agrees to make a good faitheffortto providea minimum number of hours of pro bono legalservicesduringeach year of the agreement equaltothe lessorof30 multipliedby the number of fulltime attorneysin the firm'sofficesin the State, with the number of hours proratedon an actualday basisforany contractperiodof less than a fullyear or 10% of its agreement withthe State.

Failureto make a good faitheffortmay be cause fornon-renewal of a stateagreement for legalservices,and may be taken Intoaccount when determining the award of future contracts/agreements with the State for legal services.

EXPATRIATE CORPORATIONS:

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

SWEATFREE CODE OF CONDUCT:

AllGrantees contractingforthe procurement or laundering of apparel,garments or correspondingaccessories,or the procurement of equipment, materials,or supplies, other than 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.

Contract# C25S0606. CityofNewport Beach, Surrendanadand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026.Oata:06/18/2025 Page: 24 of 46 DOMESTIC PARTNERS:7.

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

GENDER IDENTITY:8.

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

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The followinglawsapplytopersonsorentitiesdoingbusiness with the State of California.

CONFLICT OF INTEREST:

Grantee needs to be aware of the followingprovisions regarding current or former state employees. IfGranteehas any questionson thestatusof any person renderingservicesor involvedwith the Agreement, the awarding agency must be contacted immediateiy for clarification.

CurrentStateEmployees (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 toprovidegoods or services.

Former StateEmployees (PCC 10411):

Forthetwo-yearperiodfrom thedatehe orshe leftstateemployment, no former stateofficer or employee may enterintoa contractinwhich he orshe engaged inany ofthe negotiations, transactions,planning,arrangementsor any partofthe decision-makingprocess relevantto the contractwhile employed inany capacityby any state 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 subjectarea theproposedcontractwithinthe 12-monthperiodpriorto his or her leavingstateservice.

IfGrantee violatesany provisionsof above paragraphs,such actionby Grantee shallrender thisAgreement void.(PCC 10420)
Members of boards and commissions are exempt from thissection ifthey do not receive payment otherthan payment ofeach meetingofthe board or commission, payment for preparatorytimeand 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 provisionsbeforecommencing the performanceofthework ofthisAgreement.(LaborCode Section 3700)

1. as

2. Contract# C25S0606, CityofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 202S/2026.Date:09/18/2025Page; 25 of46 AMERICANS WITH DISABILITIES ACT:3.

Grantee assures the State thatitcomplies with the Americans with DisabilitiesAct (ADA) of 1990, which prohibitsdiscriminationon the basisofdisability,as well as allapplicable regulationsand guidelinesissuedpursuantto the ADA, (42 U.S.C. 12101 et seq.) GRANTEE NAME CHANGE:

An amendment isrequiredtochange the Grantee'sname as listedon thisAgreement. Upon receiptof legaldocumentationofthe name change the State 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 agreementsareto be performedinthestateby corporations,the contracting agencies willbe verifyingthatthe Grantee iscurrentlyqualifiedto do business in Californiain order to ensure that allobligationsdue to the state are fulfilled. "Doing business"isdefinedin R&TC Section23101 as activelyengaging In any transactionforthe purpose of financialor pecuniarygain or profit.Although there are some statutoryexceptionsto taxation,rarelywilla corporate Grantee performing withinthe statenot be subject to the franchisetax.

Both domestic and foreigncorporations(thoseincorporatedoutside of California) must be in good standing in order to be qualifiedto do business in California.

Agencies willdeterminewhether a corporationisingood standing by callingthe 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 localgoverningbody 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 subjectto reviewpromulgatedby the StateAirResources Board or an airpollutioncontrol district;(2)subjecttocease and desistordernotsubjecttoreviewissuedpursuantto 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, CityofNewportBeach, 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 Contracting Act 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 that do business inthe Africannation of Sudan (ofwhich the Darfur region is a part),forthe reasonsdescribedinPublicContractCode section 10475.

A scrutinizedcompany is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinizedcompanies are ineligibleto,and cannot, bid on or submit a proposal fora contractwith a State agency forgoods or services.(PublicContractCode section10477(a)).

Therefore, Public Contract Code section 10478 (a) requiresa company thatcurrentlyhas (orwithin the previousthreeyears has had) business activitiesor otheroperationsoutsideof the United States to certifythatitisnot a “scrutinized"company when itsubmits a bidor proposal to a State agency. (See # 1 on the sample Attachment).

The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certificationrequirements of bidders and proposers.

Conl/act# C25S0606, Crtyof Nowport 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 within the previousthreeyears has had businessactivitiesorother operations outsideof the United States.

For such a company to bid on or submit a proposalfora State of Californiacontract,the company must certifythatitiseithera) not a scrutinizedcompany; orb) a scrutinizedcompany thathas been grantedpermissionby the DepartmentofGeneralServicesto submit a proposal.

Ifyour company has not,withinthe previousthreeyears, had any business activitiesor other operationsoutsideof the United States,you do not need to complete thisform.

OPTION #1 - CERTIFICATION
Ifyour company, withinthe previousthreeyears,has had business activitiesor other operations outside of the United States, in order to be eligibieto submit a bid or proposal,please insertyour company name and Federal ID Number and complete the certification below.

I,the officialnamed below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/biddernamed below isnota scrutinizedcompany per PublicContractCode 10476; and b) I am dulyauthorizedto legallybindthe prospectiveproposer/biddernamed below.This certificationis made under the laws of the State of California.

Federal ID Number
95-6000751
CompanyA/endor Name (Printed)
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 Senricesmay 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 scrutinized company that has obtained written permission from the DGS to submit a bid or proposal,complete the informationbelow.

We are a scrutinizedcompany as defined in Public Contract Code section 10476, but we have receivedwrittenpermission from the Department of General Services to submit a bid or proposal pursuantto PublicContractCode section10477(b).A copy of the writtenpermission from DGS is included with our bid or proposal.

CompanyA/endor Name (Printed)
Cityof Newport Beach
Federal ID Number
95-6000751
By (AuthorizedSignature) Date
PrintedName and Titleof Person Signing
Contract# C25S0606. Cityof Newport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 28 of 46 General
1 ApplicantInformation
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.

Federal ID Number
Agency Type
f.
g-
r County
r District
f? City
r FederallyorStaleRecognizedNativeAmerican Tribe
Goals and Objectives
Based on an agency'sapplication,DBW willprioritizefundingaccordingtoagenciesdemonstratingthegreatest need, costeffectivemethods, and preventionstrategies.Additionally,pointsare awarded foragenciesthatworfr withtheirlocalprivatemarinaowners inthepreventionof abandoned vessels. 2 ProjectInformation
a. ProjectName Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026
f? Yes r NoIsimplementingagency same as Applicant
ImplementingAgency Name
ProjectStartDate
Amount of Funds Requested
b.
c.

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

BillingAddress
IfbillingaddressisdifferentthanApplicantand/orContact, please provide BillingAgency
Name;
3,
a.

Address:

State: Zip;City:

Phone:

Contract# C25S0606. CityofNewport Beach, Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 29 of46 3 Contacts
a. Authorized Representative
Name
Title
MailingAddress
Paul Blank
Harbormaster
100 civic center dr
newport beach
(949) 270-8159
[email protected]
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]
92663State CA ZipCity
FaxTelephone
E-mail Address
Cont/act# C25S0606. Cityof Newport Beach. Surrendered and Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 30 of46 Minimum Qualifications
Does youragencyhavean enforcementprogramtoaddressabandoned boats? Harbor Code Enforcement officersare out on the water daily. Their duties includemonitoringNewport Harbor as a whole,includingprivateslipsand anchorageareas.Our HarborDepartmentstaffcoordinatewith the Harbor Code Enforcement officersto identifyvesselsthatmay be a potentialor existingproblem intheharbor.Thorough educationand information is providedtovesselowners topromptlybringvesselsintocompliance or utilizetheVessel Turn InProgram (VTIP). Owners may be issued a "NoticeofViolation."ifthey failtobringvesselsIntocompliance withina specifiedtimeframe.Vesselsthatare abandoned or have no identifiable owners are processed forthe Abandoned AWF. Vessel condition,safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds fordestruction. Vessels at irsk of sinkingor representotherhazardousconditionsare placed inprioritystatus forthe VTIP program.

2. Attachordinance,resolution,or municipalcode authorizingyour agency's involvementand itsjurisdictionforpreventionand removal of abandoned vessels and acceptingsurrendered vessels.

3. Has youragency been outofcompliancewiththeterms ofany otherDepartment of r Yes (• No Parks and Recreationcontractor grant agreements withinthe past 3 years?

1. f? Yes f"" No1.

IfYes. describe
45961 0 612 17.70
fcnrorcefTTent.pqf
Contracl» C25S0fiO6. Cityof Newport Beach, Surrendeted artdAbandoned Vessel Exchange (SAVE) iFscalYear 2025/2026,Date:03/1B/2025Page: 31 of46

1. California state Senate Districts
Select one or more of the CaliforniaState Senate Districtswhere theproposed projectactivitieswilloccur. Copy and PastetheURL (hftp;//www.legislature.ca.gov/legislators_and_districts/districts/districts.html)inyour browser to determine the StateSenate district(s).

I” StateSenate02
State Senate 07
State Senate 12
r*StaleSenate17
I”StateSenate22
r StateSenate27
State Senate 32
^ SlateSenate37
State Senate 05
State Senate 10
I”StateSenate 15
I”StateSenate20
r stateSenate25
r” StateSenate 30
^ StateSenate35
I”StateSenate40
^ StateSenate04
State Senate 09
State Senate 14
State Senate 19
I”StateSenate24
^ StaleSenate29
State Senate 34
r"StateSenate39
State Senate 03
I”StateSenate08
f"StateSenate13
InstateSenate18
r*StateSenate23
r”StateSenate28
r*StateSenate33
r*StateSenate38
r" StateSenate01
State Senate 06
state Senate 11
State Senate 16
I” StateSenate21
r* StateSenate26
r” StateSenate31
State Senate 36

2. California State Assembly Districts
Select one or more of the CaliforniaState Assembly Districtswhere the proposed projectactivitieswilloccur.

Copy and PastetheURL (http://www.legislature.ca.gov/legislators_and_districts/distrcts/districts.html)inyour browser todeterminetheStateAssembly district(s).
r"StateAssembly04
State Assembly 08
I”StateAssembly12
I”State/Assembly16
State /Assembly 20
r”StateAssembly24
r”StaleAssembly28
r”StateAssembly32
State Assembly 36
^ StateAssembly40
State /Assembly 44
I”StateAssembly48
^ StateAssembly52
r*State/Assembly56
State /Assembly 60
^ StateAssembly64
^ StateAssembly68
^ StateAssembly72
r*StateAssembly76
State /“issembly80
^ StateAssembly03
State Assembly 07
State Assembly 11
r*StateAssembly15
State Assembly 19
^ StateAssembly23
State Assembly 27
r StateAssembly31
r"StateAssembly35
r*State/^sembly39
r”StateAssembly43
Slate Assembly 47
^ State/Assembly51
State Assembly 55
State Assembly 59
I”StateAssembly63
r”StateAssembly67
I”StateAssembly71
State Assembly 75
State Assembly 79
State Assembly 02
r StateAssembly06
^ StateAssembly10
^ StateAssembly14
^ StateAssembly18
r”StateAssembly22
I”StateAssembly26
^ StateAssembly30
I”StateAssembly34
StateAssembly 38
r”StateAssembly42
r*StateAssembly46
I”StateAssembly50
^ StateAssembly54
^ State/Assembly58
state Assembly 62
State /Lssembly 66
r*SlateAssembly70
^ StateAssembly74
State Assembly 78
r”StateAssembly01
I”StateAssembly05
I”StateAssembly09
r*State/Assembly13
State Assembly 17
r"StateAssembly21
I”StateAssembly25
State Assembly 29
State Assembly 33
r”StateAssembly37
r*StateAssembly41
State Assembly 45
State Assembly 49
^ StateAssembly53
State AVssembly 57
r”SlateAssembly61
r”StateAssembly65
State Assembly 69
r”StateAssembly73
I”State/Assembly77

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

Copy and Paste theURL (https://www.govtrack.us/congress/members/CA) inyour browser todetermine the Congressional dlstrict(s).

Congressional District1
I”CongressionalDistrict4
Congressional District3
I”CongressionalDistrict6
Congressional District2
Congressional District5
Contract# C25S0606. CityerfNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026.Date:09/18/2025Page: 32 of 46 o
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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
surrenders
d vessels in
Acres or
square
miles of What are the
corporate limits
of your agency's
Jurisdictional
control in each
waterbody?
List all other
agencies who
share
Jurisdictional
control of this
waterbody.

Orange County
SheriffDepartment
Harbor Patrol
Identify
your
primary
responsibili
ties in this
waterbody
Code
Enforcement
Patrol
this How often
does your
agency
monitor this
area?
waterbod
y in your
JurisdictiWaterbody
Name
this
waterbody.

Cityof
Newport
Beach-Harbor
Department
on
The City has
jurisdictionof the
whole harbor. Itis
the lead agency in
regards tocode
enforcement,
unless there is an
emergency, which
becomes the
Orange County
Sheriffs
jurisdiction.

Several times
a day, 7 days
a week
Newport
Harbor
800 Awes
(Emergencies
Only)
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 IntheirJob duties to the removal of abandoned vessels and receiptof
surrendered vessels.
of of
abandoned
vessels
surrendere
d vessels
Total hours
per week
Harbormaster 5.00 5.00 10.00
Code Enforcement Supervisor 5.00 5.00 10.00
Code Enforcement Officer (3) 15.00 30.0015.00
Administrative Coordinator 6.00 14.00 20.00
Objective 1: Prevention
Does youragency accept surrenderedvessels? f? Yes r No5.

How does your agency advertisethisprogram component?6.

Contract # C25S0606. Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026, Date:09/18/2025Page: 34 of 46 PublicityEfforts:

W Advertisedon your website
Agency newsletters
I” PSAs,billboards
^ Socialmedia
Distributingbrochures
^ Other
[EmailCampaigns]
P
Number of methods selected to actively
promote selfturn-in
5 Number of brochures distributedper year at:

List names of Events# of Brochures
Monthly Harbor Commission Meetings100
Community Meetings and Presentations80
List names of Marinas# of Brochures
20 Bavside Village Marina
Balboa Bay Club20
Newport Dunes Waterfront20
California Recreational Marina20
List names of Other Activities# of Brochures
Webpage visits1.200
Brochures Available in Office75
Did youragency have a plantoincreasethenumber of surrendered 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 surrendered vessels you accept thisyear? The Newport Beach CityCounciland Harbor Commission have an active interest in the condition of vesselsinNewport Harbor.Staffregularlyreportsto the CityCounciland the Harbor Commission on theprogressofremediatingderelictvesselsfrom the Harbor and thosetowed fordisposal.Our Code Enforcement officersoftenrecommends the VTIP to eligible candidates.Inaddition,the Cityhas a web page, flyers,socialmedia posts and email campaigned forVTIP outreach.Most program participantscontactstaffdirectly, throughexistingadvertisingefforts,referralsfrom previousVTIP participaantsand the DBW SAVE Grant web page. Inthe coming
year,theCitywould liketocontinuesettingasidea portionofthe SAVE Grant to specificallyservice VTIP vesselsinOrange County and the surroundingcounties.

7. Inthe2021-2023 grantcycle,theCityprocessed 26 surrendered vessels and 4 abandoned vessels. Inour current2023-2025 grantcycle,26 surrenderedvessels and 7 abandoned vessels have been processed. We are currentlyworking on 2 additional surrendered vessels and continue toadd interestedapplicantsto our waitlist.

Newport Harbor ishome to 1,200moorings,1,200residentialpiers,dry storageand 60 marinas.

Contract# C25S0606, C#y ofNewport Beach, Siarenderedand Abandoned Vessel Exchange (SAVE) Rscal Year 2025/2026, Date:09/18/2025Page: 35 of46 There isa a need inNewport Harbor toassistwitha deterioratingand agingboatingcommunity.

Removing problematicvesselsclearsthemooringfields,marinas and docks,creatingmore open space forrecreationand providingmore availabilityfornew boatersto storevesselsInNewport Harbor.The Citycertainlyworks to remediate issues in Newport Harbor, but accepts vesselsfrom the surroundingcitiesand counties.Citystaff understands thatthe grantfundingshould assistthe boatingcommunity intheSouthern California region,as a whole.

How oftendoes youragency coordinatewithlocalboatinggroupsormarinastoinformthem ofthesurrendered vesselprogram? Describeactivitiesand identifygroupsfmarinascontacted inthe lastcalendar year. (Answer onlyifyou selected'Yes’toQ 5.)
The CityofNewport Beach has an ongoingwaitinglistof individuals who have reached out to the Citywithan interestinturningintheirvessel.Neighboringagencies alsoreferconstituentsto us who may be qualifiedforthisprogram. As theCitymakes itsway down the waitinglistof eligible vesselsforthe VTIP program, we send outemailcamapigns, social media blasts,notifications,and ads to localmarina and boatinggroups to informthem and remind them of the VTIP program.

Neighboringagencies frequentlyreferconstituents,as theyare aware thatwe are activein promotingthe program and are efficientinthe program process.

8. Below are some ofthe localboatinggroups thatare notifiedof the VTIP program:

American Legion Yacht Club
Bahia Corinthian Yacht Club
Balboa Yacht Club
Lido Isle Yacht Club
Newport Beach Yacht Club
Newport Harbor Yacht Club
Newport Beach Yacht Club
Yes r NoDoes youragency acceptsurrenderedvesselsfrom boaters outsideitsjurisdiction?
Ifso,how many surrenderedvesselshave you receivedin the last calendar year?
Ifnot,identifywhy?
Describe how your agency monitorsabandoned vesselactivityinyourJurisdiction.Selectallthatapply Routine patrolofjurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness(listing,occupancy, trash,bilgerunning,operablelights) ^ Abandonedvesselmappingandtracking
Mutti-agency coordination
r UUlizeNASA data

9. 15

10. 17
(7
[7
17 7Number of methods selected to monitor abandoned vessel activity The CityofNewport Beach HarborDepartmentstaffworks withDescribe additionalmethodologies,ifany, (besidesparticipationinSAVE) youragency theboatingcommunity to keep vessels seaworthy and operable, to preventabandoned vesselswithin HarborDepartmentstaffconducts patrolsof the offshore

11. uses
Contract# C25S0606. CHy of Newport Beach, Surrendered and Abandoned VassalExchange(SAVE)FiscalYear2025/2026,Data:OS/18/2025Page: 36 of46 mooringfield,anchorage,publicpiers,privatedocksand
marinas,activelyinspectingvesselconditions.Allvessels that anchor Inouranchorages or rentmoorings from us arerequired topass a dye tabtest,implementedby ourstaffannually.

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

StaffactivelyInvestigatesreportsofdistressedvesselsand
when issuesof concern are discovered,making contactwith the owner on record.Annually,mooring live-aboardpermitteesare requiredtopass a vesselinspectionconductedby ourstaff
annually.The requiredvesselinspectiondemonstratesvessel operabilityand seaworthiness,and thattheholdingtank is in good workingorderand freeofleaks.

The Newport Beach Harbor Commission has continuously
supportedstaffinthe identificationand remediationof problem vessels.

Objective 2: Control
Describe methodologies,ifany, your agency
has implementedtocontroland prevent
abandoned vessels from entering Its
jurisdictionfrom other areas.

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

12. Other vesselsthatare inoperableand notseaworthy are solicitedforthe VTIP program.

The CityHarbor Department staffenforcesNewport Beach
MunicipalCode Chapter17,alsoknown as theHarborCode.

Sinceobtainingthe SAVE Grant,thenumber ofabandoned
vesselshave decreased due tothisprogram. Staffencourages owners ofderelictand neglectedvesselstoturnintheirvessels, making theprocessas streamlinedas possibleforthevessel
owners. However, there are instances when vessels are
abandoned inthepublicanchorage,piersand mooring fields in Newport Beach or neighboringjurisdictions.

Does youragency collaboratewithneighboringSAVE granteesthatmanage abandoned and surrendered vessels?
Ifyes.listagenciesand describecollaboration.

In2024, our department removed 15 surrenderedvesselsfrom our neighboringagencies. Vessels thatwere surrendered to us ranged from Coachella, Burbank to our neighboringcitiesinOrange County. A number ofagenciesfrom Los Angeles County.RiversideCounty and San Bemamdino County have referredapplicantsto us.One ofthe main reason that we are able to assist our neighboringagencies isdue to the program resourceswe have established.The Cityof Newport Beach has active contracts with our vendors that offer comeptitivepricingforvesseltowingand destruction.Our program staffhave also streamlinedthe SAVE grantprocess thateffectivelyguides Yes r No13.

Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned VesselExchange (SAVE) iFscalYear 2025/2026,Date:09/18/2025Page: 37 of 46 our applicantsfrom fillingoutprogram forms togettingtheirvessels removed by our selected vendors.

Does your agency have any specialcircumstancesand/orconditions that contribute to abandoned vessels your Jurisdiction?Explaincircumstances/conditions.

NewportHarborisone ofthelargestsmallcraftrecreationalharbors on the west coast. We welcome and service transientand localboaters alike.However, over the years,some boatershave foundthemselvesfinanciallyunable to maintaintheirvessels,optingto turninthe vesselorsimplylettingthevesselbecome derelictand/orabandoned.

Transientboatersfrequentlyabandon vesselsinNewport Harbor withthe idea thatthe localagencies willremediate theblight.CityofNewport Beach HarborDepartmentstaffhas extensiveexperienceworkingwithboatersas they requestassistanceturninginvessels.Due tothecostof haulingout and maintenance,some boatersresortto abandoningtheirvessels.Inthosecases,theCityof Newport Beach fakes actionto relocate,investigatethe case and ultimatelydestroythevessel.

14. In
Objective 5: SNHAP
Per HNC 525, when evaluatingan applicationDBW shallgivegreaterweighttoapplicantsvirhohave an existing SNHAP.
(^ Yes r NoDoes youragency have a Submerged NavigationalHazardAbatement Plan (SNHAP)?
IfYes, attachcopy.

15. 45985 0 150,.17.70.30-.40.pdf

17.70.030 Impound ofVessels or Structures.

The Harbormastermay authorizetheimpound ofa vesselor
relatednavigationalhazardsand commercial stmcturelocated inor over the waters of Newport Harbor or the vessels.

Summarize the detailedprocess inyour
SNHAP forthe abatement of non-vessel

16. PacificOcean under any ofthe followingcircumstances; A. Unless otherwise permittedunder thistitle,the vessel or structureisattachedto a mooring thatisnot the vessel or structureidentifiedon the mooring permit
B. An unpermittedvesselorstructureisattachedtoa public
mooring,dock,or slip.

C. A vessel or structureisinviolationof the anchorage or berthingrequirementsofthistitle.

D. The vessel or structure is leftunattended and Ismoored, docked, beached, or made fastto land ina positionthat
obstructs the normal movement of trafficor in a condition that creates a hazard to othervessels using the waterway, to public safety,or to the propertyof another.

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

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

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

H. The vessel or mooring permitteedoes not have proper
insurance or owes a debt to the City.

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

Contract# C25S0606. CityofNowport Beach,Surrenderedand Abandoned VesselExchange (SAVE) iFsealYear 202S/2026,Date;09/18/2025Page: 38 Of46 IdentifytheSNUAP's fundingsourceforthecontrol/abatementof non-vessel relatedwater hazards, hazardous floatingdebris(such as logs),submerged objectsand abandoned piersand pilings

17. 17.20.040- AllStray,unattended or abandoned 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 providedintheappropriateprovisionsof Chapter 1.20 and 17.70, or Section510 etseq. ofthe CaliforniaHarbor and NavigationCode, as the same now read or may hereafterbe amended. For purposes ofthissection,any vessel on the PacificOcean shallbe deemed to be stray,unattended and abandoned ifthevessei isunoccupied by a person during:

A. Any nighttimehours (sunsetto sunrise);
B. Any time periodwhen a smallcraftadvisoryor greaterhas been issued by the NationalOceanic and Atmospheric Administration;or
C. Daylighthours formore than threehours.

17.45.030 D - Refuse and Vessels on Shoreline.No person shallplace or allowabandoned vessels or boats,materials,garbage, refuse,debris,litter,timberor otherwaster matterof any descriptionto remain on or upon the shorelinesof the PacificOcean or on the shorelinesof Newport Harbor within the City.The Citymay remove the same withor withoutnotice,and the cost thereofmay be recoveredfrom any person owning the same, or placingor causing itto be placed on the shoreline.

17.70.030- Impound of Vessels or Structures;The Harbormaster may authorizedthe impound of a vessel or structure located in or over the waters of Newport Harbor or the PacificOcean under any of the followingcircumstances:

A. Unless otherwise permitted under thistitle,the vessel or structureIsattached to a mooring thatis not the vessel or structureidentifiedon the mooring permit.

B. An permittedvessel or 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 fast to land ina positionthatobstructsthe normal movement oftrafficor in a condition that creates a hazard to othervesselsusingthe waterway, 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 waterway witha registrationexpirationdate in excess ofone year beforethe date on which itisfound or operated on the waterway.

H. The vesselor mooring permitteedoes not have properinsuranceor owes a debt to the City.

I.Federalor State law permits the Cityor any peace officer,lifeguard,or marine safetyofficer employed by the Cityto remove, and, ifnecessary,store a vessel removed from a publicwaterway.

The Citymay charge or bringactionInthe courtsofthisstate to recover any costs pursuant to Impounding a vessel or structure.

Additionally,the Citypartnerswitha coalitionofOrange County based environmentalgroups to furtherclean-upand identifynon-vesselrelatedhazards in Newport Harbor. Over 300 scuba divers and above-water volunteerson small vessels spend the day checking on problem areas inthe Contract# C25S0606, CityofNewport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2(E5«OZ6. Date:09/18/2025Page: 39 of 46 harborand collectingtrash,plastics,and otherdiscardedwater pollutants.Objectsthatare too difficultto retrieveduringthe day are marked and the appropriateprofessionalsare brought into assistinthe retrievalofthe object.Last year,over 5,000 pounds of non-vesselrelateddebriswas removed from Newport Harbor
Funding fortheremovalofthemarine debrisispartof the Harbor Department's annual operating budget.

Corlract# C25S0606, CityofNewport Beach.Surrenderedand Abandoned VesselExchange(SAVE)FiscalYear 2025/2026.Date:09/18/2025Page: 40 of46 Objective 3: Cost Effectiveness
Has youragency been involvedinabatement activitiesduring the past 3 caiendar Yes r No years?
ifyes,providetheaverage costtoremove and destroyvessels in the chart below;

AVERAGE
COST

ABANDONED VESSELS
$1,500 or lessVessels Less Than 30' LAST CALENDAR
YEAR

18. Vessels Less Than 30' more than $3,000 LAST 3

CALENDAR
YEARS
18a.

Vessels Greater Than 31' more than $5,000 LAST CALENDAR YEAR

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

CALENDAR
YEARS
19a.

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

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

CALENDAR
YEARS
20a.
more than $2,000Vessels Greater Than 31' LAST CALENDAR
YEAR
21 Vessels Greater Than 31' more than $2,000 LAST 3

CALENDAR
YEARS
21a.

Contract# C25S0606. Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 41 Of 46 IdentifythelastthreeCLOSED SAVE grantsawarded and the percentage ofunspent fundingthatwas leftin each grant.

22. ONLY LIST CLOSED GRANTS
Percentage
of funding
left over
Closed SAVE grants
year awarded
Amount
Awarded
175,000.00 162020
175,000.00 32021

0.00 02022
3Identifythenumber ofpersonnelcurrentlyworkingintheprogramwithmore thantwo years' experiencemanaging the SAVE program.

What process/method/practicehave you
implemented inthelast24 months toreduce
the grantprogram'scostof removingand
destroyingabandoned or surrendered
vessels?

23. Harbor Code Enforcement officersare out on the water daily.

TheirdutiesincludemonitoringNewport Harbor as a whole,
includingprivateslipsand anchorageareas.Our Harbor
DepartmentstaffcoordinatewiththeHarborCode Enforcement
officerstoidentifyvesselsthatmay be a potentialor existing problemintheharbor.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. Vessel conditionistaken
intoconsiderationwhen prioritizingenforcement and the use of SAVE funds fordestruction.Vessels at riskof sinkingor
representotherhazardousconditionsare placedinpriority
statusforthe VTIP program.

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

24. (? No25.

Ifyes, list
Does yourora partneragency have vesselstoragecapabilitiesthatcan be used by (• Yes youragencyatno costtoSAVE?
Does youragency have access/abilitytodisposeofvessels at a local or neighboringlandfill?
What isthe number of abandoned vesselsinyour Jurisdictionthatwillbe 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 unreachableafterour staff have made severalattempts tocontactthe them.

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

Individualscontactedthe CityofNewport Beach throughour
staffprovidingeducationon theprogram,orthroughreferral
from neighboringagencies.

Contract# C25S0606, Cityof Newport Beach. Surrenderedand Abandoned VesselExchange (SAVE) FiscalYear 202S/2026,Date:09/18/2025 Page: 42 of40 Did you collaboratewithmarinas inyourjurisdictionto identifythe number of potentialsurrenderedvesselslistedinyour budget?
(Z Yes r No30.

American Legion Post 291; Bahia CorinthianYacht Club;Balboa Bay Club; Balboa Boat Yard; Balboa Yacht Club; Balboa Yacht Club Marina; VillaCove Marina; 28th Street Marina; Antibes Marina; Lido Resort/Moana Marina; Lido Peninsula Yacht
Anchorage; Newport Harbor Yacht Club; South Coast Shipyard; ValleyMarina;VikingsPortMarina
Ifyes.listmarinas.

ContractttC25S0606, CityofNewport Beach, Surrenderedand Abandoned Vessel Exchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 43 of46 Budget
VESSEL
LENGTH

ESTIMATED
COSTList Identified Abandoned Vessels (CF its)
Coast Guard Doc # 925952-Pescaholic 49 25.000.00
CF 4766 TF 41 20.000.00
31 5.000.00CF 9964 SM
25 2,000.00CF 0995 GV
52,000Total
VESSEL
LENGTH

ESTIMATED
COSTList Identified Surrendered Vessels (CF #sl
40 22,000.00Coast Guard Doc # 568668
45 29,500.00Coast Guard Doc# 277077
40 17,500.00Coast Guard Doc #1047781
45 29,500.00Coast Guard Doc #228270 1
38 8,000.00Coast Guard Doc #626059

2.000.0020CF 3497 FB L
28 3.500.00Coast Guard Doc# 500764
112.000.00Total

APPROXIMAT

E VESSEL
LENGTH
Total number
of vessels

ESTIMATED
COSTEstimate Future Abandoned Vessels
58,000.00Estimatedabout 10 vesselsbeing abandoned Intwo years
10 20-50
10 58.000.00Total
We areestimatingprocessing10 abandoned vesselsrangingbetween 20-50’ in the program inthe next two years.

Justification:

APPROXIMAT

E VESSEL
LENGTH
Total number
of vessels

ESTIMATED
COSTEstimate Future Surrendered Vessels
28,000.00Estimatingabout20-30vesselstobe surrenderedover the two years
30 9-50
28,000.0030Total
With the currentdemand oftheVTIP program,we anticipateprocessing30 vessels inthenexttwo years.We willcontinueofferingthisprogram serviceto our constituentsalongwithassistingourneighboringagencies.

Justification:
250,000TOTAL GRANT
25,000REQUEST PLUS 10%
25,000AGENCY MATCH
275,000TOTAL PROJECT COST
Contract# C25S0606, Cityof Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) FiscalYear 2025(2026,Date:09/18/2025Page; 44 of46 Contract# C2SS0606, CityofNawport Beach. Surrendered and Abandoned VaesatEx^ange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 45 of46

1. ApplicantCertification
Per Harborsand NavigationCode 525 (C)“A grantawarded by the departmentpursuanttosubparagraph (A) shallbe matched by a 10% contributionfrom the localagency receivingthegrant."Matching fund may be rendered incash, or through in-kindcontributionswhich must be verified,and are at the discretionofDBW.

These contributionsmay include(butarenotlimitedto)thefollowing:administrativecosts,personnelhours, removal, and/or storage.

Grantmonies WILL NOT be reimbursedby DBW unless10% match for each reimbursement claim is met.

Under penaltyofpeijury.IcertifythatIhave examined thisapplicationand thedocument(s),praposal(s), and statement(s)submittedinconjunctionherewith,and thatto the bestof my informationand belief,the information contained herein istrue,accurate, correct,and complete.

IcertifythatIam thepersonauthorizedtosubmitthisapplicationon behalfoftheapplicant.

Cynthia Shintaku
Fa.
b. ^
Date: 04/28/2025Prepared by: Name:
04/28/2025Date:Name: Paul BlankReviewed by:
04/28/2025Paul Blank Date:Approving Officer: Name:

Contract# C25S0606, CityofNewport Beach,Surranderedand Abandoned VesselExchange (SAVE) FiscalYear 2025/2026,Date:09/18/2025Page: 46 of46