Agenda packet — Newport Beach City Council, October 13, 2026 (part 2 of 4)

The cancer ribbon is a colored symbol of support and solidarity; each individual color identifies a specific type of cancer, i.e. pink for breast cancer, light blue for prostate cancer, or white for lung cancer. In September 2025, Hoag offered to provide funding to cover the entire cost of a vehicle wrap, including installation and removal, on one of the City’s reserve ambulances. The wrap included the NBFD’s decals and logos alongside the pink ribbon and the Hoag logo.

Municipal Code Section 1.16.050 states that the City’s official seal shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers, or departments, except upon approval of the City Council by ordinance or resolution. A donation agreement was executed to accept the donation, and the City Council approved use of the City and the NBFD’s seals for “Pinktober 2025” via Resolution 2025-62 during the September 23, 2025, City Council meeting.

Hoag recently agreed to donate another ambulance vehicle wrap for “Pinktober 2026”.

Staff is requesting approval of a resolution approving the use of the City seal and the NBFD’s logo with the Hoag and pink ribbon logos for October 2026.

FISCAL IMPACT:

There is no fiscal impact related to this item. Per Council Policy F-3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City. Hoag is donating the wrap for one of the City’s reserve ambulances, including installation, decals, logos, and eventual removal, valued at $13,000. A donation agreement has been prepared to accept the donation.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution
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Attachment - A
Resolution
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING

THE USE OF THE CITY'S OFFICIAL SEAL AS PART OF

A COLLABORATION WITH HOAG HOSPITAL TO WRAP

A CITY FIRE DEPARTMENT AMBULANCE WITH

PINKTOBER WRAP IN SUPPORT OF BREAST CANCER

AWARENESS MONTH
WHEREAS, The American Cancer Society, in partnership with corporate health care organizations, launched Breast Cancer Awareness Month in October of 1985 to promote mammograms as a primary means of detecting breast cancer; WHEREAS, Breast Cancer Awareness Month, observed annually in October, has grown into an internationally recognized health campaign supported by major global breast cancer charities and health organizations, and is commonly referred to as "Pinktober";
WHEREAS, Breast Cancer Awareness Month aims to raise public awareness of breast cancer, including its devastating impact on individuals and families, as well as to highlight advancements in early detection, treatment and technology; WHEREAS, Hoag Memorial Hospital Presbyterian ("Hoag"), a premier, nationally recognized health care organization, has offered to partner with the City of Newport Beach ("City") to promote Breast Cancer Awareness Month by wrapping a City Fire Department ambulance in the signature pink color associated with Pinktober; WHEREAS, Newport Beach Municipal Code section 1.16.050 states that the official seal of the City shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers, or departments, unless otherwise approved by ordinance or resolution of the City Council; and WHEREAS, the City Council desires to promote public health, safety, and general welfare by partnering with Hoag in support of Breast Cancer Awareness Month through the acceptance of Haag's offer to wrap a City ambulance with Pinktober-themed graphics.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
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Section 1: The City Council hereby authorizes the use of the official seal of the City of Newport Beach in connection with the City's partnership with Hoag Memorial Hospital Presbyterian for Breast Cancer Awareness Month, October 2026. This includes acceptance of Hoag's offer to wrap a Newport Beach Fire Department ambulance with the Pinktober-themed graphics. The final design of the wrap shall be subject to approval by the City Fire Chief or his designee.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason , held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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Resolution No. 2026-

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Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 13th day of October, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
A ron C. Harp
City Attorney
Lauren Kleiman
Mayor
173

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 4
ABSTRACT:

Recently, the City Council amended City Council Policy F-14 to provide for annual adjustments to contracting authority based on the Consumer Price Index (CPI). Staff recommends amending Policy F-14 to reflect the most recent CPI adjustments so that the current authority is contained in the policy and that the City Council authorize future CPI updates without requiring further City Council action. The proposed amendments to the policy also incorporate claims resolution authority approved as part of the Fiscal Year 2026-27 budget, revise the City Manager's authority to resolve workers' compensation matters, and make related administrative and reporting updates.

DISCUSSION:

City Council Policy F-14 establishes the City of Newport Beach's (City) requirements for contract procurement and delegates authority to City officials to enter into and amend contracts. Recent City Council actions have affected several provisions of the policy, and staff recommends updating Policy F-14 so that it accurately reflects those actions and related administrative procedures.

The City Council previously amended Policy F-14 to provide for annual adjustments to applicable contracting thresholds based on changes in the CPI. Consistent with that provision, the proposed amendments update the applicable dollar thresholds to reflect the most recent CPI adjustment. The current adjusted thresholds are $125,000 for the TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam, Administrative Services Director/Treasurer - 949- 644-3126, [email protected]
PREPARED BY: Jason Al-Imam, Administrative Services Director/Treasurer TITLE: Resolution No. 2026-89: Amending City Council Policy F-14 174
Resolution No. 2026-89: Amending City Council Policy F-14 October 13, 2026

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city manager and $78,000 for department directors, with corresponding adjustments made elsewhere in the policy where those thresholds apply.

The proposed amendments also authorize the administrative services director to make future updates to Policy F-14 that are limited to implementing the annual CPI adjustment.

This administrative authority will allow the policy to reflect the adjusted contracting thresholds each year without requiring the City Council to formally amend the policy solely for that purpose. Any other changes to the provisions of Policy F-14 would continue to require City Council approval by resolution.

In addition, as part of the FY 2026-27 budget, the City Council authorized the city manager and risk manager to resolve certain claims. The proposed amendments incorporate that authority into Policy F-14. Subject to the availability of funds budgeted or otherwise approved by the City Council, the city manager and risk manager would be authorized to compromise, settle, resolve and execute agreements concerning claims, disputes, litigation and workers' compensation matters. For general claims and litigation, the city manager and risk manager may resolve matters in amounts not exceeding 40 percent and 30 percent respectively, of the City's applicable self-insured retention, or their respective contracting authority under Policy F-14, whichever is greater.

The amendments further revise the city manager's authority to resolve workers' compensation matters. The city manager would be authorized to compromise, settle and resolve workers' compensation matters notwithstanding other monetary limitations in the policy. For a settlement exceeding the city manager's authority for general claims and litigation, the city manager would provide written notice to the City Council at least 10 calendar days before execution. The risk manager's workers' compensation settlement authority would be limited to 30 percent of the applicable self-insured retention or the risk manager's contracting authority, whichever is greater. Projected future medical costs would not be included in calculating the settlement amount for purposes of these limits.

Related amendments clarify delegated contracting authority and update administrative and reporting provisions to conform to these changes.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

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ATTACHMENTS:

Attachment A – Resolution
Attachment B – Redline of Council Policy F-14
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Attachment A
Resolution
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RESOLUTION NO. 2026-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, AMENDING COUNCIL
POLICY F-14, CONTRACT PROCUREMENT AND

AUTHORITY TO CONTRACT, TO UPDATE PROVISIONS

RELATED TO CONSUMER PRICE INDEX ADJUSTMENTS

AND CLAIMS RESOLUTION
WHEREAS, the City of Newport Beach (“City”) is governed, in part, by its City Charter, the Newport Beach Municipal Code, and the policies (“Policies”) adopted by the Newport Beach City Council (“City Council”);
WHEREAS, the City Council has a long and established history of being good guardians and stewards of the public’s money;
WHEREAS, appropriations, expenditures and other budgetary matters are a primary concern of the City Council;
WHEREAS, the City Council has adopted various policies regarding financial matters;
WHEREAS, the City adopted City Council Policy F-14 “Contract Procurement and Authority to Contract” on January 24, 1994, to establish guidelines and parameters for the authority to enter into City contracts;
WHEREAS, the City Council previously amended City Council Policy F-14 to provide for annual adjustments to applicable contracting thresholds based on changes in the Consumer Price Index (“CPI”);
WHEREAS, consistent with City Council Policy F-14, the applicable contracting thresholds have been adjusted based on the most recent CPI adjustment, resulting in contracting authority of $125,000 for the City Manager and $78,000 for Department Directors, with corresponding adjustments to other thresholds within the policy; WHEREAS, the City Council desires to authorize the Administrative Services Director to make future administrative updates to City Council Policy F-14 that are limited to implementing annual CPI adjustments, while all other substantive amendments to the policy will continue to require City Council approval;
WHEREAS, as part of the Fiscal Year 2026-27 budget, the City Council authorized the City Manager and Risk Manager to enter into agreements resolving certain claims, subject to the availability of funds budgeted or otherwise approved by the City Council;
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Resolution No. 2026-__

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WHEREAS, the City Council desires to incorporate such claims resolution authority into City Council Policy F-14 and to clarify the respective authority of the City Manager and Risk Manager with respect to claims, litigation, and workers’ compensation matters;
WHEREAS, the City Council further desires to update related contracting, administrative, notice, and reporting provisions of City Council Policy F-14 to conform to these changes;
WHEREAS, the City Manager has reviewed the recommended revisions, and recommends the City Council adopt the revised Council Policy F-14 as set forth in Exhibit A; and
WHEREAS, the City Council has reviewed the proposed amendments to City Council Policy F-14 and finds that the amendments will promote the efficient administration of City contracting and claims resolution while maintaining appropriate City Council oversight.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby approves the aforementioned recommendations and adopts the revised Council Policy F-14 set forth in Exhibit A, which is incorporated herein by this reference.

Section 2: All prior versions of Council Policy F-14 that conflict with the revisions adopted by this resolution are hereby repealed.

Section 3: The recitals provided above are true and correct and incorporated into the operative part of this resolution.

Section 4: The City Council finds the adoption of this resolution and the amendment of the specified Policies is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 179
Resolution No. 2026-

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Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.

ADOPTED this 13th day of October, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
A~C. H~
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
Attachment: Exhibit A- Council Policy F-14
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Exhibit A
Council Policy F-14
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F-14
1 CONTRACT PROCUREMENT AND AUTHORITY TO CONTRACT
Purpose
This policy sets forth requirements for contract procurement and City Council's delegation of authority for entering into contracts. “Entering into a contract” or “executing a contract” is synonymous with the awarding and signing of a contract and means the formal approval of the contract terms and intent to be bound thereby. “Contracts” include all agreements, purchase orders, and purchase requisitions, regardless of whether the City is expending or receiving funds. The types of contracts covered by this policy include, but are not limited to, settlements, right of entry agreements, cost sharing agreements, joint defense agreements, cooperative agreements, reimbursement agreements, grant agreements, professional services agreements, former employee services agreements, independent instruction and recreation contracts, public works contracts, and “as-needed” or “on-call” services agreements.

Background
The City shall not be bound by any contract or amendment thereto, unless the same shall be made in writing, approved by the City Council or employee designated by the City Council; signed on behalf of the City by (i) the Mayor or by such other employees designated by the City Council, (ii) the City Clerk, and (iii) the City Attorney (Charter § 421). The City Attorney shall approve the form of all contracts made by the City and amendments thereto and all bonds given to the City, endorsing his or her approval thereon in writing (Charter§ 602(e)).

Delegation of Authority to Enter Into and Amend Contracts The City Council hereby delegates its authority to contract to the City Manager and through the City Manager to the Assistant City Manager, and Department Directors and directly to the City Attorney and Risk Manager to the extent expressly provided in this Policy. The City Manager has final authority to approve any contract within the City Manager's approval limit.

All formalities required under the provisions of the Charter shall be applied to these contracts.

The City Manager may make exceptions to the City's standard contract terms, including but not limited to insurance and indemnification requirements, based on operational 182
F-14
2 considerations and weighing the particular risks involved. When deciding whether to modify standard contract terms, the City Manager shall consult with the City Attorney and Department Directors, as necessary. This authority shall not be delegated below the Assistant City Manager level.

Contracts may not be written to circumvent any of the authority limits described herein.

The City Manager shall, in consultation with the City Attorney, adopt and enforce administrative procedures that ensure: (1) all contracts are entered into at a reasonable, fair and competitive price to the City; (2) all necessary formalities are followed and the requirements of federal, state, and local laws, including Council policies, are met; (3) best accounting practices are followed; and (4) the contracting process of the City is open and transparent, and provides accountability.

A. Authority to Enter into Contracts
The authority to enter into original contracts is delegated as set out below.

1. The City Manager
Except as otherwise provided herein, the City Manager is authorized to execute all contracts without prior Council approval, in an amount that shall not exceed $125,000. For contracts involving expenditure of funds, the services and the funds must have been approved by the City Council as part of the annual approved budget. Execution of contracts for grants and donations shall be in accordance with City Council Policies F-3, F-25 and B-17. This authority shall not be delegated below the Assistant City Manager level.

3. City Attorney
The City Attorney is authorized to execute contracts for all services for outside counsel, investigators, and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outside counsel, investigators, and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, investigators, experts and related legal services were approved by the City Council as part of the approved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $125,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion.

4. Claims and Risk Management
Subject to the availability of funds budgeted or otherwise approved by the City Council for such purpose, the City Manager, and Risk Manager, are authorized to compromise, settle, resolve, and execute agreements concerning claims, disputes, litigation, and workers’ compensation matters on behalf of the City as provided in this subsection.
a. General Claims and Litigation. The City Manager and Risk Manager may resolve liability claims, disputes, and litigation matters in amounts not exceeding forty percent (40%) and thirty percent (30%), respectively, of the City’s applicable self-insured retention, as established from time to time under the City’s insurance or riskfinancing programs, or their respective contracting authority under this Policy, whichever is greater.
b. Workers’ Compensation Matters. Notwithstanding any other monetary limitation in this Policy, the City Manager is authorized to compromise, settle, and resolve workers’ compensation matters on behalf of the City.

For any such settlement exceeding the City Manager’s authority under subsection (a), the City Manager shall provide written notice to the City Council not less than ten (10) calendar days prior to execution of the settlement.

The Risk Manager is authorized to compromise, settle, and resolve 184
F-14
4 workers’ compensation matters in amounts not exceeding thirty percent (30%) of the City’s applicable self-insured retention, as established from time to time under the City’s insurance or risk financing programs, or the Risk Manager’s contracting authority under this Policy, whichever is greater.

For purposes of determining the settlement amount under this subsection, projected future medical costs shall not be included in calculating the settlement amount.

B. Authority to Amend Contracts
If circumstances arise that were not reasonably foreseeable by the parties at the time of contracting which make extra work or material necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager, Department Directors, City Clerk and City Attorney are authorized to amend contracts as set out below. For purposes of this policy, “total contract amount” is defined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. “Original contract amount” is defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation most recently approved by the City Council by amendment, whichever is greater.

1. City Manager
Contracts within the City Manager’s Contracting Authority The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount as amended does not exceed $125,000 and the term extension does not exceed the maximum allowable contract term.

Contracts approved by City Council
The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount does not exceed 125 percent of the original contract amount or the original contract amount plus an additional $125,000, whichever amount is less, and the term extension does not exceed the maximum 185
F-14
5 allowable contract term.

2. Department Directors
The Department Director, including the City Clerk and City Attorney, who entered into the contract or whose department is designated as the contract administrator, may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount as amended does not exceed $78,000 and the term extension does not exceed the maximum allowable contract term.

3. Amendments in Cases of Possible Work Stoppage or Undesirable Delay The City Manager is authorized to execute a contract amendment that increases the total contract amount up to 150 percent of the original contract amount in cases where a work stoppage or other undesirable consequence will result if approval of the amendment is delayed until the next City Council meeting. Within twenty-four (24) hours, the City Manager shall notify the City Council Members of any such amendment.

4. Amendments Necessary to Address Emergency Situations In the event of emergency work requiring an amendment to an existing contract, the emergency contracting policy outlined below may be followed.

Special Requirements
Competitive proposals should be obtained for service contracts whenever possible before resorting to negotiated awards.

A. Professional Services Contracts
Services of a professional nature shall be obtained through a qualification-based selection process based on demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost. The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual.
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F-14
6 B. Services Contracts (Non-Professional)
The City shall select services contractors though a Request for Proposal (RFP) or a Request for Bid (RFB) process, whichever serves the City's best interest.

Contracts through the RFB process shall be awarded based solely on pricing and minimum qualifications to determine the most responsive and responsible bidder.

Contracts through the RFP process shall be awarded based on both qualifications and pricing to determine the best value to the City.

C. Maintenance and Repair Service Contracts
A service contract for maintenance or repair work that is fixed or of a definite nature (not on call) and over the formal bid dollar amount in Charter Section 1110 must be requisitioned as a formal public works contract. For contracts not exceeding the formal bid dollar amount, the City may select services contractors though the RFP or RFB process, whichever serves the City's best interest based on the service to be provided.

D. Public Works Contracts
Contracts for public works where the total expenditures for the project exceed the formal bid dollar amount shall be awarded consistent with the provisions of Charter Section 1110 and relevant provisions of the California Public Contract Code.

E. Procurements and Contracts Involving Federal or Pass-Through Funding Procurements expending funds from federal grants or awards received directly by the City or from a pass-through agency, such as the State of California, must comply with the provisions of Title 2 of the Code of Federal Regulations (“CFR”) Sections 200.318 through 200.326. To ensure the City's adherence to the Federal guidelines related to these procurements and contracts, the City Manager has adopted procurement procedures for such projects in the Administrative Procedures Manual.

F. Independent Instruction and Recreation Contractors
Department Directors are authorized to execute contracts with independent contractors for instructional, educational, cultural, or recreational purposes 187
F-14
7 (“Instruction and Recreation contracts”) where the fees paid by the City are based upon either a percentage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor.

Instruction and Recreation contracts shall not exceed five (5) years in duration and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving seven (7) calendar days' prior written notice.

Should fees paid under an Instruction and Recreation contract exceed $78,000 during the term of the contract, the Department Director shall provide written notice to the City Manager identifying the program and independent contractor.

The City Manager shall give written notice to the City Council should fees paid exceed $125,000.

G. On-Call Contracts for Services (Professional or Non-Professional) The City Manager and Department Directors are authorized to enter into on-call (“as-needed”) agreements for obtaining services, including but not limited to professional services and maintenance and repair services, where the need for services is contingent, does not have a set timeframe, or where the size of the job does not warrant the expense of entering into individual agreements for each service.

City Council approval is required for: (1) an on-call contract that exceeds $125,000, and (2) on-call contracts to multiple contractors stemming from a single procurement where the combined amount of the contracts exceeds $125,000.

On-call contracts may not be used to perform maintenance or repair work in contravention of Charter Section 1110. For example, a project, task, job, or work order in an amount in excess of the formal bid dollar amount in Charter Section 1110 cannot be performed under an on-call maintenance or repair services contract but must be requisitioned as a public works project.
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F-14
8 H. Emergencies
Services contracts obtained for purposes of responding to an emergency (as defined in Newport Beach Municipal Code Section 2.20.020) that exceed the signing authority of the City Manager or Department Director as authorized in this policy shall be brought to the City Council at its next regularly scheduled meeting for review and authorization.

I. Contracts with Former Council Members and City Employees City Council approval is required for the following when not more than five (5) years have passed since a person who is a former Council Member or City employee has left service with the City:

1. All professional services contracts with former Council Member or City employees;

2. All professional services contracts with a corporation or other business entity owned or operated by a former Council Member or City employee or that employs a former Council Member or City employee.

General Procedures
A. Contract Retention
The City Clerk shall retain all original executed contracts in accordance with the City's current adopted Records Retention Schedule. Contracts shall be posted into the City's electronic document database in order to maintain transparency in contracting.
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9 B. Insurance
All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City's published Contract Templates (or as otherwise approved by the City Manager or City Attorney).

C. Reporting
Except for settlement agreements entered into pursuant to Section A, Authority to Enter into Contracts, Subsection 4, Risk Management, at least once annually, the City Manager shall report to the Council the summary of all contracts entered into by the City Manager and Department Directors. The summary shall include the vendor, the department responsible that will oversee the contract, the purpose of the contract, and the contract amount.

D. Consumer Price Index Adjustment
Beginning July 1, 2026, and on the anniversary date each year thereafter, the dollar amounts set forth in this policy, as previously adjusted, shall increase, but not decrease, based on the change in the Consumer Price Index. Each annual adjustment shall be applied cumulatively to the dollar amounts in effect immediately prior to the adjustment. The increase to the amounts set forth in this policy shall be determined by calculating the percentage change from March of the prior year to March of the current year. The adjusted amount shall be rounded up to the nearest $1,000.00. As used herein, the term “Consumer Price Index” means the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84 = 100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics. This subsection shall not apply to Public Works Contracts, which are governed by Charter Section 1110 and settlement authority as provided for in Section A, Authority to Enter into Contracts, Subsection 4, Risk Management.

Future Amendments to Policy
The Administrative Services Director is authorized to update this Policy to reflect changes in the Consumer Price Index. Any other changes in the provisions of this Policy shall be made by resolution of the City Council.
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F-14
10 History
Adopted F-14 - 09-22-1969 (Purchase Authority for Goods & Materials) Reaffirmed F-14 - 03-09-1970
Reaffirmed F-14 - 02-14-1972
Amended F-14 -11-11-1974
Amended F-14 -11-24-1975
Amended F-14 -12-08-1975
Amended F-14 -11-24-1986
Amended F-14 - 05-26-1987
Adopted F-14 - 01-24-1994 (new F-14) (Authority for Contracts) Amended F-14 - 01-24-1994 (old F-14) (changed to F-5)
Amended F-5 - 02-26-1996
Amended J-1 -11-10-1997 (Contracts with Former Employees) Amended J-1 - 03-09-1998
Amended J-1 - 03-22-1999 (changed to F-20)
Amended F-5 - 03-14-2000
Amended F-20 - 04-08-2003
Amended F-14 - 04-13-2004
Amended F-5 - 11-22-2005
Amended F-14 - 05-09-2006
Amended F-14 & F-5 - 01-25-2011
Amended F-14 - 05-12-2015
Amended F-14 - 02-23-2016 (incorporating F-5 & F-20 and renaming “Authority to Contract”)
Amended F-14 - 06-26-2018
Amended F-14 - 02-12-2019
Amended F-14 -12-13-2022
Amended F-14 -12-09-2025
Amended F-14 - 02-24-26
Amended F- 14 - 10-13-26
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Attachment B
Redline of Council Policy F-14
192
F-14
1 CONTRACT PROCUREMENT AND AUTHORITY TO CONTRACT
Purpose
This policy sets forth requirements for contract procurement and City Council's delegation of authority for entering into contracts. "Entering into a contract" or "executing a contract" is synonymous with the awarding and signing of a contract and means the formal approval of the contract terms and intent to be bound thereby. "Contracts" includesinclude all agreements, purchase orders, and purchase requisitions, which is applicable regardless of whether the City is expending or receiving funds. The types of contracts covered by this policy include, but are not limited to, settlements, right of entry agreements, cost sharing agreements, joint defense agreements, cooperative agreements, reimbursement agreements, grant agreements, professional services agreements, former employee services agreements, independent instruction and recreation contracts, public works contracts, and "as-needed" or "on-call" services agreements.

Delegation of Authority to Enter Into and Amend Contracts The City Council hereby delegates its authority to contract tocontract to the City Manager and through him or herthe City Manager to the Assistant City Manager, and Department Directors, and to the City Attorney as set out below and directly to the City Attorney and Risk Manager to the extent expressly provided in this Policy. The City Manager has final authority to approve any contract within the City Manager's approval limit.

All formalities required under the provisions of the Charter shall be applied to these contracts.

The City Manager may make exceptions to the City's standard contract terms, including but not limited to insurance and indemnification requirements, based on operational considerations and weighing the particular risks involved. When deciding whether to 193
F-14
2 modify standard contract terms, the City Manager shall consult with the City Attorney and Department Directors, as necessary. This authority shall not be delegated below the Assistant City Manager level.

Contracts may not be written to circumvent any of the authority limits described herein.

A. Authority to Enter into Contracts
The authority to enter into original contracts is delegated as set out below.

1. The City Manager
Except as otherwise provided herein, tThe City Manager is authorized to execute all contracts without prior Council approval, in an amount that shall not exceed $1250,000. For contracts involving expenditure of funds, the services and the funds must have been approved by the City Council as part of the annual approved budget. Execution of contracts for grants and donations shall be in accordance with City Council Policies F-3, F-25 and B-17. This authority shall not be delegated below the Assistant City Manager level.

2. Department Directors
Except as otherwise provided herein, Department Directors, including the City Attorney and City Clerk, are authorized to execute contracts without prior City Manager or Council approval in an amount not in excess of $75,78,000. For contracts involving expenditure of funds, the services and funds must have been approved by the City Council or City Manager as part of the annual approved budget. This authority may not be delegated below the Assistant or Deputy Director level. The City Manager has authority to approve requests for budget increases without City Council approval at the level set forth in Policy F-3, Section E-1 ("Administration of the Annual Budget, New Appropriations").
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3 3. City Attorney
The City Attorney is authorized to execute contracts for all services for outside counsel, investigators, and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outside counsel, investigators, and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, investigators, experts and related legal services were approved by the City Council as part of the approved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $1250,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion. Additionally, the City Attorney shall have authority to enter into contracts to resolve claims, litigation and other legal disputes where the City is receiving or expending an amount not in excess of $75,000.

4. Claims and Risk Management.

Subject to the availability of funds budgeted or otherwise approved by the City Council for such purpose, the City Manager, and Risk Manager, are authorized to compromise, settle, resolve, and execute agreements concerning claims, disputes, litigation, and workers’ compensation matters on behalf of the City as provided in this subsection.
a. General Claims and Litigation. The City Manager and Risk Manager may resolve liability claims, disputes, and litigation matters in amounts not exceeding forty percent (40%) and thirty percent (30%), respectively, of the City’s applicable self-insured retention, as established from time to time under the City’s insurance or risk-financing programs, or their respective contracting authority under this Policy, whichever is greater.
b. Workers’ Compensation Matters. Notwithstanding any other monetary limitation in this Policy, the City Manager is authorized to compromise, settle, and resolve workers’ compensation matters on behalf of the City. For any such settlement exceeding the City Manager’s authority under subsection (a), the City Manager shall provide written notice to the City Council not less than ten (10) calendar days prior to execution of the settlement.

The Risk Manager is authorized to compromise, settle, and resolve workers’ compensation matters in amounts not exceeding thirty percent (30%) of the City’s applicable self-insured retention, as established from time to time under 195
F-14
4 the City’s insurance or risk financing programs, or the Risk Manager’s contracting authority under this Policy, whichever is greater.

For purposes of determining the settlement amount under this subsection, projected future medical costsshall not be included in calculating the settlement amount.

B. Authority to Amend Contracts
If circumstances arise that were not reasonably foreseeable by the parties at the time of contracting which make extra work or material necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager, Department Directors, City Clerk and City Attorney are authorized to amend contracts as set out below. For purposes of this policy, "total contract amount" is defined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. "Original contract amount" is defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation most recently approved by the City Council by amendment, whichever is greater.

1. City Manager
Contracts within the City Manager's Contracting Authority The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the 196
F-14
5 total contract amount as amended does not exceed $1205,000 and the term extension does not exceed the maximum allowable contract term.

Contracts approved by City Council
The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount does not exceed 125 percent of the original contract amount or the original contract amount plus an additional $1205,000, whichever amount is less, and the term extension does not exceed the maximum allowable contract term.

2. Department Directors
The Department Director, including the City Clerk and City Attorney, who entered into the contract or whose department is designated as the contract administrator, may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount as amended does not exceed $758,000 and the term extension does not exceed the maximum allowable contract term.

4. Amendments Necessary to Address Emergency Situations In the event of emergency work requiring an amendment to an existing contract, the emergency contracting policy outlined below may be followed.

Special Requirements
Competitive proposals should be obtained for service contracts whenever possible before resorting to negotiated awards.
197
F-14
6 A. Professional Services Contracts
Services of a professional nature shall be obtained through a qualification-s based selection process based on demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost.

The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual.

B. Services Contracts (Non-Professional)
The City shall select services contractors though a Request for Proposal (RFP) or a Request for Bid (RFB) process, whichever serves the City's best interest.

Contracts through the RFB process shall be awarded based solely on pricing and minimum qualifications to determine the most responsive and responsible bidder. Contracts through the RFP process shall be awarded based on both qualifications and pricing to determine the best value to the City. 198
F-14
7 C. Maintenance and Repair Service Contracts
A service contract for maintenance or repair work that is fixed or of a definite nature (not on call) and over the formal bid dollar amount in Charter Section 1110 must be requisitioned as a formal public works contract. For contracts not exceeding the formal bid dollar amount, the City may select services contractors though the RFP or RFB process, whichever serves the City's best interest based on the service to be provided.

E. Procurements and Contracts Involving Federal or Pass-Through Funding Procurements expending funds from federal grants or awards received directly by the City or from a pass-through agency, such as the State of California, must comply with the provisions of Title 2 of the Code of Federal Regulations ("CFR") Sections 200.318 through 200.326. To ensure the City's adherence to the Federal guidelines related to these procurements and contracts, the City Manager has adopted procurement procedures for such projects in the Administrative Procedures Manual.

F. Independent Instruction and Recreation Contractors
Department Directors are authorized to execute contracts with independent contractors for instructional, educational, cultural, or recreational purposes ("Instruction and Recreation contracts") where the fees paid by the City are based upon either a percentage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor.

Should fees paid under an Instruction and Recreation contract exceed $785,000 during the term of the contract, the Department Director shall provide written 199
F-14
8 notice to the City Manager identifying the program and independent contractor.

The City Manager shall give written notice to the City Council should fees paid exceed $1205,000.

G. On-Call Contracts for Services (Professional or Non-Professional) The City Manager and Department Directors are authorized to enter into on-call ("as-needed") agreements for obtaining services, including but not limited to professional services and maintenance and repair services, where the need for services is contingent, does not have a set timeframe, or where the size of the job does not warrant the expense of entering into individual agreements for each service.

On-call services contracts shall not exceed five (5) years and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving prior written notice of seven (7) calendar days. The City Manager is authorized to extend an on-call services contract for up to six (6) months if work has been authorized or encumbered during the initial term but not completed.
200
F-14
9 City Council approval is required for: (1) an on-call contract that exceeds $1250,000, and (2) on-call contracts to multiple contractors stemming from a single procurement where the combined amount of the contracts exceeds $1205,000.

H. Emergencies
Services contracts obtained for purposes of responding to an emergency (as defined in Newport Beach Municipal Code Section 2.20.020) that exceed the signing authority of the City Manager or Department Director as authorized in this policy shall be brought to the City Council at its next regularly scheduled meeting for review and authorization.

1. All professional services contracts with former Council Member or City employees;

J. Exceptions to Competitive Procurement Requirements
Certain commodities and service types are unique or otherwise not amenable to traditional procurement and bidding procedures. The City Manager shall prescribe in the Administrative Procedures Manual alternative procedures and methods for the procurement of such items, e.g. cooperative agreements and piggyback agreements, and ensure that the pricing involved in the procurements is competitive to the greatest extent possible.
201
F-14
10 General Procedures
A. Contract Retention
The City Clerk shall retain all original executed contracts in accordance with the City's current adopted Records Retention Schedule. Contracts shall be posted into the City's electronic document database in order to maintain transparency in contracting.

B. Insurance
All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City's published Contract Templates (or as otherwise approved by the City Manager or City Attorney).

C. Reporting
Except for settlement agreements entered into pursuant to Section A, Authority to Enter into Contracts, Subsection 4, Risk Management, Aat least once annually, the City Manager shall report to the Council the summary of all contracts entered into by the City Manager and Department Directors. The summary shall include the vendor, the department responsible that will oversee the contract, the purpose of the contract, and the contract amount. 202
F-14
11 D. Consumer Price Index Adjustment
Beginning July 1, 2026, and on the anniversary date each year thereafter, the dollar amounts set forth in this policy, as previously adjusted, shall increase, but not decrease, based on the change in the Consumer Price Index. Each annual adjustment shall be applied cumulatively to the dollar amounts in effect immediately prior to the adjustment. The increase to the amounts set forth in this policy shall be determined by calculating the percentage change from March of the prior year to March of the current year. The adjusted amount shall be rounded up to the nearest $1,000.00. As used herein, the term "Consumer Price Index" means the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84 = 100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics.

This subsection shall not apply to Public Works Contracts, which are governed by Charter Section 1110 and settlement authority as provided for in Section A, Authority to Enter into Contracts, Subsection 4, Risk Management. 203
F-14
12 Future Amendments to Policy
The Administrative Services Director is authorized to update this Policy to reflect changes in the Consumer Price Index. Any futureother changes in the provisions of this Ppolicy shall be made by resolution of the City Council.

History
Adopted F-14 - 09-22-1969 (Purchase Authority for Goods & Materials) Reaffirmed F-14 - 03-09-1970
Reaffirmed F-14 - 02-14-1972
Amended F-14 -11-11-1974
Amended F-14 -11-24-1975
Amended F-14 -12-08-1975
Amended F-14 -11-24-1986
Amended F-14 - 05-26-1987
Adopted F-14 - 01-24-1994 (new F-14) (Authority for Contracts) Amended F-14 - 01-24-1994 (old F-14) (changed to F-5)
Amended F-5 - 02-26-1996
Amended J-1 -11-10-1997 (Contracts with Former Employees) Amended J-1 - 03-09-1998
Amended J-1 - 03-22-1999 (changed to F-20)
Amended F-5 - 03-14-2000
Amended F-20 - 04-08-2003
Amended F-14 - 04-13-2004
Amended F-5 - 11-22-2005
Amended F-14 - 05-09-2006
Amended F-14 & F-5 - 01-25-2011
Amended F-14 - 05-12-2015
Amended F-14 - 02-23-2016 (incorporating F-5 & F-20 and renaming "Authority to Contract")
Amended F-14 - 06-26-2018
Amended F-14 - 02-12-2019
Amended F-14 -12-13-2022
Amended F-14 -12-09-2025
Amended F-14 - 02-24-26
Amended F- 14 - 10-13-26
204

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 5
ABSTRACT:

The City of Newport Beach (City) applied for and has been awarded grant funding by the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel (SAVE) Exchange Program. The funding will be used to remove and reduce abandoned and surrendered vessels in our waterways.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2026-90, A Resolution of the City Council of the City of Newport Beach, California, Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program (SAVE); and
c) Approve Budget Amendment No. 27-026 recognizing $50,000 in grant revenue from the California Division of Boating and Waterways (13501-431385-G2745) and appropriating $50,000 to Account No. 13501-980000-G2745 and $5,000 to Account No. 10001-980000-G2745 Abandoned Watercraft Abatement.

DISCUSSION:

Newport Harbor is one of the largest small-craft recreational harbors on the California coastline and is a welcoming port to many boaters as they cruise the Pacific Ocean or tour local waters. The City encourages public access to the water and offers slips and TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Paul Blank, City Harbormaster - 949-270-8159,
[email protected]
PREPARED BY: Cynthia Shintaku, Management Analyst - 949-270-8159 [email protected]
TITLE: Resolution No. 2026-90: Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel
Exchange Program (SAVE)
205
Resolution No. 2026-90: Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program (SAVE)
October 13, 2026

Page 2 ends

1 vacant moorings for rent to both locals and visitors. With approximately 1,200 public moorings, the harbor also serves as the home to a variety of permitted vessels.

While the majority of boaters and mooring permittees properly use the harbor, there are occasional issues with vessel abandonment, illegal berthing, and derelict vessels. As a result, some vessels may face citations, impoundment or subsequent legal action (such as liens, junking and demolition). These vessels may pose on-the-water hazards and can be prone to discharges of oils, gas, sewage or other fluids; become platforms for wildlife to overrun; or worse, take on water and sink in the harbor. Occasionally, these derelict and abandoned vessels result in disposal-related costs to the City, and as such, the City requires funding for proper disposal.

The SAVE program, formerly called the Abandoned Watercraft Abatement Fund and the Vessel Turn In Program, was enacted in 1998 and 2010. The program provides an efficient and cost-free alternative for boat owners to surrender unwanted vessels to a participating agency in lieu of abandonment, helping to eliminate the expensive, difficult and time-consuming adjudication and removal process that abandoned vessels require.

Since 2014, the City has applied for and been awarded the SAVE grant. Below is a chart that references the grant funding awarded and the number of vessels removed each year.

The number of vessels removed under the program is determined by the size and condition of each vessel.

Grant Year Award Amount Vessels Removed
2014-2016 $125,700 30
2017-2019 $125,000 25
2019-2021 $175,000 47
2021-2023 $175,000 27
2023-2025 $175,000 37
2025-2027 $100,000 10
The Harbor Department has proactively educated mariners on the SAVE program and encourages individuals to turn in vessels they can no longer care for. All of the vessels processed through this program are either decaying, nonoperational and/or have become a financial detriment to their owners.

In April 2026, the City applied for the next round of SAVE grant funding. During the application process, the City was notified by the State of California that grant funding would be further reduced. In September 2026, the City was awarded a $50,000 SAVE grant.
206
Resolution No. 2026-90: Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program (SAVE)
October 13, 2026

Page 3 ends

1 FISCAL IMPACT:

The Budget Amendment appropriates $50,000 in additional revenue from the State of California, Department of Boating and Waterways and $55,000 in increased expenditure appropriations. This grant reimburses 90% of eligible SAVE grant expenditures, with the City providing a 10% match. This is a two-year grant program and will conclude on September 30, 2028.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution
Attachment B – Budget Amendment
207
Attachment - A
Resolution
208
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ACCEPTING A

GRANT FROM THE STATE OF CALIFORNIA,

DEPARTMENT OF PARKS AND RECREATION,

DIVISION OF BOATING AND WATERWAYS FOR THE

SURRENDERED AND ABANDONED VESSEL

EXCHANGE PROGRAM (SAVE)
WHEREAS, the City of Newport Beach ("City") is desirous of preserving and promoting uses that contribute to the charm and character of Newport Harbor; WHEREAS, the City removes abandoned and surrendered vessels from Newport Harbor and the greater Southern California region pursuant to local, county, state and federal laws and regulations;
WHEREAS, the Division of Boating and Waterways of the California Department of Parks and Recreation ("State") is authorized to distribute grants through the I Surrendered and Abandoned Vessel Exchange Program ("SAVE") to local public agencies that have jurisdiction over navigable waterways in California for the removal of abandoned and surrendered vessels;
WHEREAS, the City submitted a grant application seeking funds from SAVE for the City's abandoned and surrendered vessels removal program in Newport Harbor; WHEREAS, the State reviewed and approved the City's grant application and awarded Fifty Thousand Dollars and 00/100 ($50,000.00) for the City's removal of abandoned and surrendered vessels from Newport Harbor ("Grant"), subject to the terms and conditions of the grant agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, in accordance with City Council Policy F-25 (Grant Administration), the City Council hereby intends to approve and accept the Grant.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby approves and accepts the Grant, made available through SAVE and administered by the State, subject to the terms and conditions of the grant agreement.
209
Resolution No. 2026-

Page 2 of 3 ends

Section 2: The City Manager is hereby authorized to execute the grant agreement and any documents necessary for the City to secure payment of the Grant funds and effectuate the purposes for which the Grant was awarded.

Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
210
Resolution No. 2026-

Page 3 of 3 ends

Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 13th day of October, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Aa~ C~ (_ /{~
City Attorney
Attachment( s ): Exhibit A - Grant Agreement
Lauren Kleiman
Mayor
211
Exhibit A

GRANT AGREEMENT
212
GRANTEE:

GRANT TITLE:

GRANT AMOUNT:

GRANT NUMBER:

GRANT TERM:

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DIVISION OF BOATING AND WATERWAYS

GRANT AGREEMENT- CERTIFICATE OF FUNDING
City of Newport Beach
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-26)
$50,000.00
C26S0607
October 1, 2026 (or the date signed by the department, whichever comes later) through September 30, 2028
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation , and pursuant to the State of California agrees to fund the total State grant amount indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A "Project Representatives", Exhibit B "Grant Terms and Conditions", Exhibit C "General Terms and Conditions", Exhibit D "Grantee Certification Clauses", Exhibit E "Darfur Contracting Act", Exhibit F "Application/Scope of Work".

Grantee: City of Newport Beach
Address: 100 Civic Center Drive,
Newport Beach, CA 92627
Authorized Signature:

Printed Name:

Title of Authorized
Representative:

Date:

APPROVED AS TO FOAM:

QTY ATTORNEY'S OFFICI
By~·< C. Harp, m City ~r 'I
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Gina Disney
Address: 4940 Lang Ave., Dock H,
Administration , Floor 12
McClellan, CA 95652
Authorized Signature:

Printed Name: Keren Dill
Title: Staff Services Manager II
Date:

Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11 /2026 Page: 1 of 45 213
GRANTEE:

GRANT TITLE:

CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
City of Newport Beach
GRANT AMOUNT:

FY 2026/27 Surrendered and Abandoned Vessel Exchange (SAVE) $50,000.00
GRANT NUMBER: C26S0607
END DATE: September 30, 2028

AGREEMENT NO AMENDMENT NO SUPPLIER ID PROJECT NO
C26S0607 0000011771 3790OTHER

AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO
ENCUMBERED BY Abandoned Watercraft Abatement Fund (AWAF) 053709

THIS DOCUMENT
$50,000.00
REPORTING Approp. Ref. Fund CHAPTER STATUTE FISCAL YEAR STRUCTURE 3790-101 -0577 19 2026 2026/27
37900709

BUSINESS UNIT PROGRAM ACTIVITY CODE ACCOUNT ALT ACCOUNT 3790 2855023 69997 5432000 5432000000
Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027. Date: 09/11/2026 Page: 2 of 45 214

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

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2026/27

EXHIBIT A- PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Newport Beach State Agency: Grantee (Agency Name):

Division of Boating and Waterways City of Newport Beach Name: Gina Disney Grantee Representative*: Paul Blank
Title: Grants Program Manager Title: Harbormaster
Address: Mailing Address:
4940 Lang Ave., Dock H, Administration, Floor 12 100 Civic Center Drive, McClellan, CA 95652 Newport Beach, CA 92627
Remit to Address:

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

Email: [email protected] Email: [email protected] Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 3 of 45 215
INDEX

DESCRIPTION PAGE

EXHIBIT B GRANT TERMS AND CONDITIONS

1. PURPOSE OF THE PROGRAM 6

2. RIGHT OF INSPECTION 7

3. ANNUAL MEETING 7

4. TIMELINES 7

5. HAZARDOUS MATERIALS 7

6. TITLES AND LIENS 7

7. GRANTEE CITATIONS -ABANDONED VESSELS 7

8. MEDIA 7

9. MEDIA MATERIALS RELEASE 8

10. PERMITS AND DOCUMENTATION 8
11 . SECURING OF BIDS 9
I

12. CONTRACTS WITH SERVICE PROVIDERS 9

13. SUBCONTRACTORS 9

14. TRAFFIC CONTROL AND TRAFFIC SAFETY 9

15. AIR OR WATER POLLUTION VIOLATION 9

16. ENTIRE AGREEMENT 9

17. APPROVAL OF AGREEMENT AND AMENDMENTS 9

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

REQUIREMENT
10 19. AUTHORITY TO CONTRACT 10

20. COMPLIANCE WITH LAW AND REGULATIONS 10
21 . INDEPENDENT CONTRACTOR 10

22. INSURANCE REQUIREMENTS 10

23. TERMINATION 13

24. ASSIGNMENT 13

25. MATCHING 10% REQUIREMENT 13

26. BUDGET DETAIL AND PAYMENT PROVISIONS 14

27. BUDGET CONTINGENCY CLAUSE 16

28. INDEMNIFICATION 16

29. FUNDS ASSIST 17

30. 90-DA Y RETURN OF GRANT DOCUMENTS TO DBW 18
Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 4 of 45 216
31 .

32. ANTI-CORRUPTION

AQUATIC INVASIVE SPECIES

EXHIBIT C

EXHIBIT D

EXHIBIT E

GENERAL TERMS AND CONDITIONS

GRANTEE CERTIFICATION CLAUSES

DARFUR CONTRACTING ACT
18 18
19 23
27 Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 5 of 45 217

EXHIBIT B - GRANT TERMS AND CONDITIONS

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM

1. PURPOSE OF THE PROGRAM:
a. Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1 )(a), the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of:
(1) Abandoned property as described in HNC 522 (below) within Grantee's jurisdiction as listed in Exhibit A.

HNC Section 522: "Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property."
(2) Surrendered vessels as defined in HNC 526.1
HNC Section 526.1 : "surrendered vessel" means a recreational vessel that the verified titleholder has willingly surrendered to a willing public agency under both of the following conditions:
(a) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(b) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation."
(3) Wrecked or dismantled vessels , or parts thereof, or any other partially submerged object that pose a substantial hazard to navigation , from navigable waterways or adjacent public property, or private property with the landowner's consent.
b. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. c. If Grantee is reimbursed for the costs related to the surrender, abatement, removal , storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard , then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Vessels listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency's need for funding , not an approval that the individual Contract# C26S0607. City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027. Date: 09/11/2026 Page : 6 of 45 218
vessels are eligible for SAVE funding .

2. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement.

3. ANNUAL MEETING
Grantee's representative or alternate shall participate in an annual grant management and regional coordination one-day video or phone conference conducted by DBW during the term of this agreement.

4. TIMELINESS
Grantee agrees to complete the scope of work submitted in its application in a timely fashion .

5. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or authorizations associated with treatment, removal , storage, or any other handl ing of hazardous substances including , but not limited to, toxic waste, petroleum waste, asbestos, and similar substances, prior to the removal of any vessel and water hazard pursuant to this Agreement.

Grantee shall be responsible for the proper and lawful handling , abatement, removal , storage, and/or disposal of any hazardous substances encountered in the execution of this Agreement.

6. TITLES AND LIENS
a. Abandoned vessels : Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of this Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title search for all vessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors and Navigation Code section 526.1 in the performance of this Agreement, requiring that a surrendered vessel be that of the "verified titleholder." c. Surrendered vessel ineligibility:
(1) Vessels owned , possessed , or controlled by auto dismantlers, salvagers, towing companies, mechanics, repair facilities, boatyards, or similar repair businesses as a result of unpaid repair charges or related activities are not eligible for surrender through the SAVE program.
(2) Vessels that have sunk, become submerged or otherwise require being raised from the water are not eligible for surrender through the SAVE program without prior written approval from DBW.
d. Grantee shall comply with all Department of Motor Vehicles notification requirements related to the disposal of vessels and trailers.

7. GRANTEE CITATIONS -ABANDONED VESSELS
Grantee shall, in accordance with HNC 525(a-c), issue the last registered vessel owner a citation for abandoning a vessel and impose a fine of not less than $1,000 nor more than $3,000 for violation of this section. And shall seek every legally available method to have them Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 7 of 4 5 219
pay for the removal and disposal of their abandoned vessel.

8. MEDIA
Grantee agrees to acknowledge DBW's financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material.

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9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as "DBW"), the non-exclusive , royalty-free , perpetual and worldwide right and permission to use , reproduce , publish, copy , distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as "Photographs"), that the Grantee has submitted to DBW for art, editorial, advertising , marketing , trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW's AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations , any and all claims for libel , defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.

Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be paid for any use or right granted herein.

Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form , loss or damage , whether intentional or otherwise , that may occur in the use of the Photographs. Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.

Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction , publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs , charges, legal fees, recoveries , judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement.

10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027. Date: 09/11/2026 Page: 9 of 45 221
Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law.

11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts under this Agreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal , invitations for bid and independent cost estimates.

12. CONTRACTS WITH SERVICE PROVIDERS
All contracts/executed agreements with service providers for wh ich grantee will request reimbursement must be in writing and shall be executed (signed) prior to commencement of any and all work completed. Upon request, grantee shall provide DBW copies of all executed agreements with service providers who are performing work funded by this SAVE grant.

13. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all of its contractors and subcontractors hold a valid business license and carry general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement; and Grantee agrees that if any of Grantee's contractors or subcontractors fail to fulfill any of these requirements , that Grantee itself carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement, whether performed by the Grantee, Grantee's contractor(s), or Grantee's subcontractor(s). Upon request, grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s). Grantee's agreement number (C26SXXXX) must appear on the certificate of insurance.

14. TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shall provide for adequate traffic control and safety measures at any site where Grantee and its subcontractors will perform any work under this Agreement.

15. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

16. ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required.

17. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required . Commencement of performance prior to approval of this Agreement will be at the Grantee's own risk.

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this Contract# C26S0607 , City of Newport Beach. Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027. Date: 09/11/2026 Page: 10 of 45 222
agreement.

19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.

Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution , order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement.

20. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. section 12101 et seq.

21. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California.

22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general liability insurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Office of Risk and Insurance Management (ORIM).
a. GENERAL PROVISIONS APPL YING TO ALL POLICIES
(1) Coverage Term
Coverage needs to be in force for the complete term of the Agreement. Any new insurance must still comply with the original terms of the grant and be provided to DBW upon request.
(2) Policy cancellation or termination & notice of non-renewal (3)
(4)
Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the DBW. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the DBW may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program .

Primary clause
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(5)
(6)
Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

Insurance carrier required rating
All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or ORIM.

Endorsements
Any required endorsements requested by the DBW must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. (7) Inadequate Insurance
(8)
Inadequate or lack of insurance does not negate the Grantee's obligations under the Agreement.

Use of Subcontractors
In the case of Grantee's utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of subcontractor's insurance to the State when requested equal to policies, coverages , and limits required of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with limits of not less than $1 ,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent subcontractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

In the case of Grantee's util ization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured's under Grantee's insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. (2) Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than $1 ,000,000 combined single limit per accident. Such insurance shall cover Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 12 of 45 224
liability arising out of a motor vehicle including owned , hired and nonowned motor vehicles . (3) Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less than $1 ,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft (owned , hired or non-owned). The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds , but only with respect to work performed that is connected with or related to the activities contemplated in this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
(4) Workers Compensation and Employers Liability
The Grantee shal l maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under agreement with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate.

If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations , or statutes applicable to maritime employees. By signing this agreement, Grantee acknowledges compliance with these regulations.
c. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this agreement. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials.
d. SELF INSURANCE
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information including a letter of credit may be required. The DBW reserves the right to request financial information.

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e. STATEMENT OF INSURANCE COVERAGE:

Grantee certifies and agrees that they have all required insurance coverages as stated in the grant agreement, which will be in effect for the entire term of the agreement.

Approver initials : Date:

Name:

Title:

23. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days' written notice.
c. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately discontinue all removal and disposal activities affected, unless the notice directs otherwise. In such event, DBW shall pay Grantee only for removal and disposal activities completed prior to the termination date.

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

25. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, "A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant."
b. The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kind contributions from agency's personnel hours (net hourly rate only with no benefits included) for work completed directly toward SAVE program objectives. Other SAVE-related expenses may be used with advance DBW approval in writing.
c. If using personnel hours for in-kind match, only net, raw hours will be accepted, and verification of in-kind contribution is required with reimbursement request(s). This inkind contribution must be paid with local funding . 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 available upon request, and must include:
(1) Activity date
(2) Vessel/issue name or description
(3) Personnel name
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(4) Description of SAVE program service provided
(5) Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
(6) Hourly rate and total value
d. The burden of proof in complying with the 10-percent contribution requirement is the responsib ility of the grantee. Funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10-percent contribution requirement for each disbursement.
26 BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
(1 ) Rates charged by the Grantee 's service providers , contractors , or subcontractors shall be pre-negotiated with the Grantee and documented in writing. DBW will reimburse the following contract-negoti ated rate expenditures prov ided by Grantee's contracted serv ice prov iders, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels :
(a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less ; objects submerged more than 15 feet at low water are not eligible without prior DBW approval.
(b) Mast and/or rigging removal if vessel is in waters greater than 15 feet deep at low water.
(c) Vessel removal from accessible locations
(d ) Hazardous materials (hazmat) removal and disposal
(e) Towing
(f) Storage
i. Without lien sale: 60 days maximum
ii. With lien sale: 90 days maximum with justification
iii. If stored onsite at Grantee's facility, 100% of the normal rate of charge to the public may be used to satisfy the 10% in kind match requirement, and fee schedule is required for verification.
(g) Lien sale expenses: fees charged by lien sale service companies , postage, OMV fees , and advertising costs
(h) Public notice advertising
(i) Vessel appraisal
U) Salvage and demolition
(2) Rates charged by the Grantee 's service prov iders , contractors , or subcontractors shall be pre-negotiated with the Grantee and documented in writing . DBW will reimbu rse the fol lowing contract-negoti ated rate expenditu res provided by Grantee's contracted service providers , contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:

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(a) Vessel and/or hazardous material removal and disposal (b) One tow to destruction site
(c) Demolition
(d) Raising of submerged surrendered vessels may only be reimbursed with DBW's advanced written approval
(3) Other expenses may be considered with advance written approval from DBW.
(4) Ineligible expenses include hand tools, consumables, grantee direct staffing, time and materials from subcontractors, etc. without prior written approval from DBW.
b. For Reimbursement, submit one (1) hard copy and one (1) electronic copy of each reimbursement claim form and all supporting documentation to:

Division of Boating and Waterways
PO Box 942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email: [email protected]
c. Reimbursement claim forms:

Reimbursement claim forms are available in DBW's Online Grant Application System (OLGA) or upon request. Grantee must sign and date each reimbursement claim form electronically or in blue ink and submit the following supporting documentation to DBW:
(1) Invoices from service providers, contractors and/or subcontractors to Grantee:

Invoices must contain the following:
(a) Name and address of Grantee
(b) Contract or invoice number
(c) Description of service performed
(d) Date the service was performed
(e) Location of each service
(f) Vessel name, CF# or HIN# if available; otherwise, description of vessel (2) Proof of payment for all invoices.

The following acceptable forms of proof are:
(a) Cancelled check (with bank's cancelled stamp on back of check copy) (b) Copy of credit card statement charge slip
(c) Invoices from service provider showing zero balance. (d) Proof of Accounting Clearing House (ACH) or Electronic transfer showing date , amount and transaction confirmation number. (3) 10% in-kind match contribution statement:
(a) If Grantee is matching the 10% requirement with in-kind services, complete the DPR265 Itemized 10% In-kind Contribution Statement located in OLGA or avai lable upon request.
(b) Only net hourly rates will be accepted . Grantee must include verification of net rates with first claim and each time rates change.

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(4) Photos of vessels (Required)
(a) One photo showing the vessel where it was abandoned and the CF or HIN number (if available). If the CF number is not visible/available, photo must show description used on claim form . Photos of surrendered vessels need to show the CF or HIN number, if available .
(5) For Surrendered Vessels ONLY:

DBW Vessel Release of Interest and Ownership must be completed in its entirety and signed by the vessel owner(s) and the SAVE agency representative This form can be downloaded from OLGA.

One proof of vessel ownership must be provided. This can be a copy of the Certification of Ownership (title/pink slip or Coast Guard document) signed by the owner, OMV registration form , or a OMV issued junk slip. Power of Attorney or OMV issued marina lien documents showing the marina has legal interest are also acceptable. Keep the originals and provide DBW with copies .

The Grantee must obtain a signed DBW Release of Interest form from all known interested parties prior to the removal , destruction, or disposal of any vessel funded under this Agreement. This includes, but is not limited to, any legal owner, registered owner, lienholder, or individual or entity with a documented financial or legal claim to the vessel, including those owing penalties or back taxes .

NOTE: Vessel ownership verification is required; however, it is not required that boat owners bring their registration up to date to surrender their vessel through the VTIP.
(6) DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incident reports, internal routing forms, accounting journals, etc. d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, and shall result in, at a minimum, the forfeiture of all funds provided under this agreement and jeopardize future grant awards by DBW. e. Reimbursement requests and status updates shall be submitted at least quarterly, but not more frequently than monthly. If no reimbursable work has been completed, the Grantee shall submit a status update in lieu of a reimbursement request. f. All final requests for payment must be submitted to DBW no later than forty-five (45) days after the expiration date of the agreement. DBW will not reimburse request(s) received after November 14, 2027.

27. BUDGET CONTINGENCY CLAUSE
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to adhere to any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 17 of 45 229
liability occurring to DBW or to offer an agreement amendment to Grantee to reflect the reduced amount.

28. INDEMNIFICATION
DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees.

Under this Agreement, Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims , and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee's contractor's or subcontractor's activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.

29. FUNDS ASSIST
The Funds Assist process enables grantees with unused funds to assist other participating SAVE agencies in need. For up to six (6) months prior to the expiration date of the grant, Funds Assistant is voluntary . Thereafter, at DBW's discretion , participation shall be mandatory for grantees with anticipated remaining balances. Failure to participate shall negatively affect grantee's score on future grant applications for a period of up to three (3) years.

The Funds Assist process works as follows:
a. DBW will email all grantees to identify if funding will go unused or if all funding is needed. Grantee shall respond with a confirmation: all funds will be utilized, if all funds will go unutilized and how much , or if funds are needed and how much. DBW will prepare grant amendments to reduce or add funds to grantees as appropriate .

Grantee shall execute amendments in a timely manner.
b. If grant amendments are not possible , DBW may require collaboration and reimbursement between agencies. Specifics for this process will be discussed with participating agencies when needed.

30. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90 days of the date of issuance according to the instructions issued by DBW with the grant agreement. If extenuating circumstances prevent the ability of the agency to meet this deadline, approval from DBW must be obtained in writing. DBW retains the right to determine approval or denial of extensions.

31. ANTI-CORRUPTION
Grantees are required to report to DBW any written , suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence or balance of a SAVE grant in order to increase their fee(s). Such service providers may be investigated for price gouging. If investigated, a two-year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review.

32. AQUATIVE INVASIVE SPECIES
Grantees are required to ensure that they and all their sub-contractors take all necessary Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 18 of 45 230
precautions to prevent the spread of aquatic invasive species when removing and transporting vessels and other marine debris. At minimum, precautions will include draining all water and ensuring that material is dry prior to transporting from the water to a land-based location.

Guidelines for preventing the spread of aquatic invasive species can be found at:
dbw. parks.ca .gov/mussels.

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL:

This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained.

2. EFFECTIVE DATE:

Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not requ ired , this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date.

3. AMENDMENT:

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

4. ASSIGNMENT:

This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the fo rm of a formal written amendment.

5. AUDIT:

Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records . Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq. , CCR Title 2, Section 1896).

6. INDEMNIFICATION:

Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement.

7. DISPUTES:

Grantee shall continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE:

The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 202612027, Date: 09/11/2026 Page: 20 of 4 5 232
herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand.

9. RECYCLING CERTIFICATION:

The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.

Contract Code § 12205 ).

10. NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause . Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11 . CERTIFICATION CLAUSES:

The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS:

Time is of the essence in this Agreement.

13. COMPENSATION:

The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.

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14. GOVERNING LAW:

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS:

The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid , the Grantee shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552 .
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT:

For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 22 of 45 234
compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee , to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION:

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS:

If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841 .) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved . A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code§ 14841 .)

20. LOSS LEADER:

If this agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D

GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.

Grantee Agency Name (Printed) Federal ID Number
City of Newport Beach 95-6000751
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the 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, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS:

Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the fol lowing actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution , dispensation , possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations . b. Establish a Drug-Free Awareness Program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and,
(4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
(1) receive a copy of the compa ny's drug-free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) Contract# C26S0607. City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Oale: 09/11/2026 Page: 24 of 45 236

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:

Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bona legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.

Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.

5. EXPATRIATE CORPORATIONS:

Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel , garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction , abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations , or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a).

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7. DOMESTIC PARTNERS:

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

8. GENDER IDENTITY:

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

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST:

Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (PCC 10410):

No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (PCC 10411 ):

For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions , planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION:

Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange {SAVE) Fiscal Year 2026/2027, Date: 09/1 1/2026 Page: 26 of 45 238

3. AMERICANS WITH DISABILITIES ACT:

Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. GRANTEE NAME CHANGE:

An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.

Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee's representative shall be notified to DBW within 30 days written notice on Grantee's letterhead.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled . b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION:

A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all Grantees that are not another state agency or other governmental entity.

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EXHIBIT E - DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 104 75.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).

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

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EXHIBIT E - DARFUR CONTRACTING ACT

SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years , had any business activities or other operations outside of the United States, you do not need to complete this form .

OPTION #1 - CERTIFICATION
If your company, within the previous three years , has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 104 76; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

CompanyNendor Name (Printed) Federal ID Number
City of Newport Beach 95-6000751
By (Authorized Signature) Date
Printed Name and Title of Person Signing
'
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal , complete the information below.

We are a scrutinized company as defined in Public Contract Code section 104 76, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 104 77(b ). A copy of the written permission from DGS is included with our bid or proposal.

CompanyNendor Name (Printed) Federal ID Number
City of Newport Beach 95-6000751
By (Authorized Signature) Date
Printed Name and Title of Person Signing
'
Contract# C26S0607 , City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 29 of 45 241
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan General
1 Applicant Information
a.
b.
c.
d.
e.
f.
g.

Applicant Name City of Newport Beach
Organizational Unit
Address 100 Civic Center Drive
Address 2
City Newport Beach
Federal ID Number 95-6000751
Agency Type
(.' City
r Federally or California Recognized Native American Tribe Goals and Objectives
State CA Zip 92627
Unique Entity Id.
r County
r District
Based on an agency's application, DBW will prioritize funding according to agencies demonstrating the greatest need, cost effective methods, and prevention strategies. Additionally, points are awarded for agencies that work with their local private marina owners in the prevention of abandoned vessels. 2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027
b. Is implementing agency same as Applicant (.' Yes r No c. Implementing Agency Name
d. Project Start Date
e. Amount of Funds Requested

3. Billing Address
Oct-01-2026
$50,000.00
End Date Sep-30-2028
Project Cost $55,538.00
If billing address is different than Applicant and/or Contact, please provide a. Billing Agency
Name:

Address:

City:

Phone:

State: Zip:

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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan 3 Contacts
a. Project Administrator
Name
Title
Mailing Address
City
Telephone
E-mail Address
Cynthia Shintaku
Administrative Liaison
1600 W Balboa Blvd
Newport Beach State
(949) 270-8159
[email protected]
CA Zip
Fax
92663
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan

1. Minimum Qualifications

1. 2.

Does your agency have an enforcement program to address abandoned boats? If Yes, describe
Harbor Code Enforcement officers are out on the water daily. Their duties include monitoring Newport Harbor as a whole, including private slips and anchorage areas. Our Harbor Department staff coordinate with the Harbor Code Enforcement officers to identify vessels that may be a potential or existing problem in the harbor. Thorough education and information is provided to vessel owners to promptly bring vessels into compliance or utilize the Vessel Turn In Program (VTIP). Owners may be issued a "Notice of Violation," if they fail to bring vessels into compliance within a specified timeframe. Vessels that are abandoned or have no identifiable owners are processed for the Abandoned AWF. Vessel condition, safety and environmental concerns are taken into consideration when prioritizing enforcement and the use of SAVE funds for destruction. Vessels at risk of sinking or represent other hazardous conditions are placed in priority status for the VTIP program .

Attach ordinance, resolution, or municipal code authorizing your agency's involvement and its jurisdiction for prevention and removal of abandoned vessels and accepting surrendered vessels.
(.' Yes r No
49354 0 921 17.70
Enforcement.pat

3. Has your agency been out of compliance with the terms of1any other Department of r Yes (.' No Parks and Recreation contract or grant agreements within the past 3 years? Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 Page: 32 of 45 244
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan

1. California State Senate Districts

2. 3.

Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).
r State Senate 01 r State Senate 02 r State Senate 03 r State Senate 04 r State Senate 05 r State Senate 06 r State Senate 07 r State Senate 08 r State Senate 09 r State Senate 10 r State Senate 11 r State Senate 12 r State Senate 13 r State Senate 14 r State Senate 15 r State Senate 16 r State Senate 17 r State Senate 18 r State Senate 19 r State Senate 20 r State Senate 21 r State Senate 22 r State Senate 23 r State Senate 24 r State Senate 25 r State Senate 26 r State Senate 27 r State Senate 28 r State Senate 29 r State Senate 30 r State Senate 31 r State Senate 32 r State Senate 33 r State Senate 34 r State Senate 35 r State Senate 36 17 State Senate 37 r State Senate 38 r State Senate 39 r State Senate 40 California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.

Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s).
r State Assembly 01 r State Assembly 02 r State Assembly 03 r State Assembly 04 r State Assembly 05 r State Assembly 06 r State Assembly 07 r State Assembly 08 r State Assembly 09 r State Assembly 10 r State Assembly 11 r State Assembly 12 r State Assembly 13 r State Assembly 14 r State Assembly 15 r State Assembly 16 r State Assembly 17 r State Assembly 18 r State Assembly 19 r State Assembly 20 r State Assembly 21 r State Assembly 22 r State Assembly 23 r State Assembly 24 r State Assembly 25 r State Assembly 26 r State Assembly 27 r State Assembly 28 r State Assembly 29 r State Assembly 30 r State Assembly 31 r State Assembly 32 r State Assembly 33 r State Assembly 34 r State Assembly 35 r State Assembly 36 r State Assembly 37 r State Assembly 38 r State Assembly 39 r State Assembly 40 r State Assembly 41 r State Assembly 42 r State Assembly 43 r State Assembly 44 r State Assembly 45 r State Assembly 46 r State Assembly 47 r State Assembly 48 r State Assembly 49 r State Assembly 50 r State Assembly 51 r State Assembly 52 r State Assembly 53 r State Assembly 54 r State Assembly 55 r State Assembly 56 r State Assembly 57 r State Assembly 58 r State Assembly 59 r State Assembly 60 r State Assembly 61 r State Assembly 62 r State Assembly 63 r State Assembly 64 r State Assembly 65 r State Assembly 66 r State Assembly 67 r State Assembly 68 r State Assembly 69 r State Assembly 70 r State Assembly 71 17 State Assembly 72 r State Assembly 73 r State Assembly 74 r State Assembly 75 r State Assembly 76 r State Assembly 77 r State Assembly 78 r State Assembly 79 r State Assembly 80 California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.

Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s).
r Congressional District 1
r Congressional District 4
r Congressional District 2
r Congressional District 5
r Congressional District 3
r Congressional District 6
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan r Congressional District 7 r Congressional District 8 r Congressional District 9 r Congressional District 10 r Congressional District 11 r Congressional District 12 r Congressional District 13 r Congressional District 14 r Congressional District 15 r Congressional District 16 r Congressional District 17 r Congressional District 18 r Congressional District 19 r Congressional District 20 r Congressional District 21 r Congressional District 22 r Congressional District 23 r Congressional District 24 r Congressional District 25 r Congressional District 26 r Congressional District 27 r Congressional District 28 r Congressional District 29 r Congressional District 30 r Congressional District 31 r Congressional District 32 r Congressional District 33 r Congressional District 34 r Congressional District 35 r Congressional District 36 r Congressional District 37 r Congressional District 38 r Congressional District 39 r Congressional District 40 r Congressional District 41 r Congressional District 42 r Congressional District 43 r Congressional District 44 r Congressional District 45 r Congressional District 46 P' Congressional District 47 r Congressional District 48 r Congressional District 49 r Congressional District 50 r Congressional District 51 r Congressional District 52 r Congressional District 53

4. County
Select one or more of the California Counties where the proposed project activities will occur. r Alameda r Alpine r Amador r Butte r Calaveras r Colusa r Contra Costa r Del Norte r El Dorado r Fresno r Glenn r Humboldt r Imperial r Inyo r Kern r Kings r Lake r Lassen
r Los Angeles r Madera r Marin r Mariposa r Mendocino r Merced r Modoc rMono r Monterey r Napa r Nevada P' Orange
r Placer r Plumas r Riverside r Sacramento r San Benito rsan Bernardino
r San Diego r San Francisco r San Joaquin r San Luis r San Mateo r Santa Barbara Obispo
r Santa Clara r Santa Cruz r Shasta r Sierra r Siskiyou r Solano r Sonoma r Stanislaus r Sutter r Tehama r Trinity rTulare rTuolumne r Ventura rYolo rYuba
Contract# C26S0607, City of Newport Beach, Surrendered and Abandoned Vessel Exchange (SAVE} Fiscal Year 2026/2027, Date: 09/11/2026 Page: 34 of 45 246
Attachment - B
Budget Amendment
247
248

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No.S.20
ABSTRACT:

On October 9, 2026, City Manager Seimone Jurjis, serving in his capacity as director of emergency services for the City of Newport Beach (City), signed a proclamation of local emergency in response to coastal flooding caused by Tropical Storm Rachel.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2026-93: A Resolution of the City Council of the City of Newport Beach, California, (i) Ratifying the Proclamation of a Local Emergency Issued on October 9, 2026, by City Manager Seimone Jurjis, the Director of Emergency Services of the City of Newport Beach, and Approving and Authorizing Certain Actions Related Thereto.

DISCUSSION:

On October 9, 2026, the city manager signed a proclamation of local emergency to aid the City in its response to the coastal flooding, elevated ocean water levels, high surf, and other storm-related conditions caused by Tropical Storm Rachel.

The emergency conditions began along the Balboa Peninsula on or about October 8. The affected or potentially affected areas include low-lying portions of Newport Beach, including but not limited to, the Wedge, Corona del Mar Main Beach parking lot, Corona del Mar Main Beach, Breakers Drive, the Balboa Pier parking lot, Seashore Drive between 44th and 60th Streets, 50th and 51st Streets, and 6th through 17th Streets.

As of the writing of this staff report on October 9, the City has undertaken emergency protective measures, including rebuilding protective beach berms, opening tide valves, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, City Manager - 949-644-3001,
[email protected]
PREPARED BY: Lorig Harutunian, Management Analyst – 949-644-3028, [email protected]
TITLE: Resolution No. 2026-93: A Resolution of the City Council of the City of Newport Beach, California, Ratifying the Proclamation of a Local Emergency Issued on October 9, 2026
249
Resolution No. 2026-93: A Resolution of the City Council of the City of Newport Beach, California, Ratifying the Proclamation of a Local Emergency Issued on October 9, 2026 October 13, 2026

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operating pumping systems, and responding to flooding incidents. City staff, including personnel from the Municipal Operations, Utilities, Public Works, Newport Beach Fire, Newport Beach Police Department and City Manager’s Office will continue to monitor surf conditions and ocean and water levels and respond as needed to help protect the coastal areas of the community.

Staff recommends the City Council adopt the resolution thus confirming and ratifying the October 9 proclamation of local emergency and orders. If approved, the proclamation and orders will remain in effect until the local emergency is terminated by proclamation of the City Council, at the earliest possible date that conditions warrant. Pursuant to Section

2.20.065 of the Newport Beach Municipal Code, City staff will update the City Council at least every sixty (60) days regarding the status of the local emergency until the City Council terminates the local emergency.

FISCAL IMPACT:

The City has and will continue to expend resources on its response to the flooding. The ratification of the proclamation of local emergency will allow the City to continue to procure services and goods in an expedited manner.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this ratification of the proclamation of local emergency is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution
250
Attachment A
Resolution No. 2026-XX
251
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, (i) RATIFYING THE

PROCLAMATION OF A LOCAL EMERGENCY ISSUED ON
OCTOBER 9, 2026, BY CITY MANAGER SEIMONE

JURJIS, THE DIRECTOR OF EMERGENCY SERVICES OF

THE CITY OF NEWPORT BEACH, AND APPROVING AND

AUTHORIZING CERTAIN ACTIONS RELATED THERETO
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code provides for the preparation and implementation of plans to provide services within Newport Beach in the event of an emergency, to empower certain City officials to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of the City with all other public agencies and affected private persons, corporations, and organizations;
WHEREAS, Section 2.20.060(A) of the Newport Beach Municipal Code empowers the Director of Emergency Services to proclaim the existence of a local emergency when conditions of disaster or extreme peril to the safety of persons or property exist within the City of Newport Beach, and the City Council is not in session, provided that such proclamation shall be ratified by the City Council at the earliest practicable time, but in no event later than seven (7) days after issuance, or it shall have no further force or effect;
WHEREAS, Section 2.20.060(C)-(E) of the Newport Beach Municipal Code further authorizes the Director of Emergency Services to control and direct the City's emergency organization, coordinate interagency response, and represent the City in dealings with public or private agencies during emergencies; WHEREAS, Section 2.20.070(C) of the Newport Beach Municipal Code provides that the Director of Emergency Services is authorized, within the limitations of the City Charter and State law, to obtain vital services, supplies, equipment, and other property necessary for the protection of life and property, and to bind the City to pay fair market 252
Resolution No. 2026-

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value for such goods and services, including, when immediately required and otherwise authorized by law, the commandeering of property for public use; WHEREAS, on September 21, 2026, Governor Gavin Newsom proclaimed a state of emergency throughout California in anticipation of potential winter storms and related impacts, thereby mobilizing state resources and directing state agencies to coordinate emergency preparedness, response, and mitigation efforts; WHEREAS, on or about October 8, 2026, elevated ocean water levels and high surf associated with Tropical Storm Rachel contributed to coastal and street flooding along the Balboa Peninsula in Newport Beach, and continuing coastal hazards threatened public safety, access to public streets, public infrastructure, and public and private property in low-lying coastal areas of the City, including, but not limited to, the Wedge, Corona del Mar Main Beach parking lot, Corona del Mar Main Beach, Breakers Drive, the Balboa Pier parking lot, Seashore Drive between 44th and 60th Streets, 50th and 51 st Streets, and 6th through 17th Streets;
WHEREAS, the City undertook emergency protective measures, including rebuilding beach berms, monitoring water levels, operating pumping systems, responding to flooding incidents, and implementing other measures to protect life and property and mitigate the effects of the emergency;
WHEREAS, on October 9, 2026, because the City Council was not in session, the City Manager, acting as the City of Newport Beach's Director of Emergency Services, issued a written Proclamation of the Existence of a Local Emergency, effective at 12:30 p.m. that day ("Proclamation of Emergency"), declaring a local emergency caused by Tropical Storm Rachel and associated coastal flooding, high surf, elevated ocean water levels, and related hazards that have resulted in significant ocean-water inundation of residential and commercial structures, public rights-of-way, and critical public facilities along the City's coastline, thereby creating conditions of extreme peril to the safety of persons and property and posing a threat of additional damage during the anticipated El Nino storm season;
WHEREAS, the Director of Emergency Services determined that these conditions may require the immediate procurement of materials, supplies, equipment, construction services, professional services, and other resources necessary to protect public health and safety, preserve public and private property, maintain essential public services, and prevent or mitigate further damage;
WHEREAS, the rapidly changing nature of the emergency conditions may require immediate construction, repair, maintenance, restoration, and other emergency work, including the construction and reinforcement of protective beach berms, operation and 253
Resolution No. 2026-

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repair of pumping and drainage facilities, removal of sand and debris, protection of streets and public infrastructure, and implementation of other emergency protective measures, under circumstances in which compliance with ordinary procurement and competitive bidding procedures may result in delays that threaten public health and safety or cause additional damage to public or private property;
WHEREAS, pursuant to Section 2.20.070 of the Newport Beach Municipal Code, all rules, orders, and regulations issued under the authority of the Director of Emergency Services must: (1) be in writing; (2) receive widespread publicity and notice; and (3) be ratified and confirmed by the City Council within seven (7) days of issuance, or they shall have no further effect;
WHEREAS, the Director of Emergency Services has submitted to the City Council the written Proclamation of Emergency, attached hereto as Exhibit 1, all associated emergency orders and regulations, and a report describing the facts and circumstances necessitating the emergency proclamation in accordance with Section 2.20.070(8) of the Newport Beach Municipal Code;
WHEREAS, the City Council has reviewed the Proclamation of Emergency, the accompanying report, and the Director of Emergency Service's findings, and hereby determines that the conditions described therein were a threat to the public health, safety, and welfare, and that the Proclamation of Emergency was issued under the authority of the Newport Beach Municipal Code and the California Emergency Services Act; WHEREAS, the City Council has reviewed the emergency rules, regulations and orders set forth in the Proclamation of Emergency and hereby determines that the rules, regulations and orders were necessary to address the threat to public health, safety, and welfare at the time said rules, regulations and orders were issued; and WHEREAS, the City Council hereby determines that a threat to public health, welfare, and safety still exists and will continue until the coastal flooding is sufficiently resolved.

NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:

Section 1: The City Council hereby ratifies and confirms the Proclamation of the Existence of a Local Emergency issued by the City Manager, acting as the Director of Emergency Services, on October 9, 2026, attached hereto as Exhibit 1 and incorporated herein by this reference, pursuant to Section 2.20.060(A) of the Newport Beach Municipal Code. The City Council further adopts and affirms all findings and determinations set forth in the Proclamation of Emergency and declares that the Proclamation of Emergency shall 254
Resolution No. 2026-

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remain in full force and effect until such time as the City Council proclaims that the local emergency has been terminated in accordance with applicable law.

Section 2: The City Council hereby ratifies and confirms all written emergency rules, regulations, and orders issued by the Director of Emergency Services pursuant to Section 2.20.070 of the Newport Beach Municipal Code, as set forth in the Proclamation of Emergency. All rules, regulations, and orders set forth in the Proclamation of Emergency shall remain in full force and effect until such time as the City Council proclaims that the local emergency has been terminated in accordance with applicable law.

Section 3. The City Council affirms that the City's Emergency Operations Plan, adopted pursuant to Section 2.20.050 of the Newport Beach Municipal Code, is in full force and effect, and authorizes all City departments and the City's Emergency Organization to continue implementing and enforcing its provisions to protect life and property and mitigate the emergency conditions.

Section 4: The City Council shall review the need for continuing the local emergency at least once every sixty (60) days, in accordance with Section 2.20.065 of the Newport Beach Municipal Code and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

Section 5: The City Manager, as the Director of Emergency Services of the City of Newport Beach, is authorized to take the actions delineated in Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code, in furtherance of the Proclamation of Emergency including applying for federal and state assistance.

Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 7: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 8: The City Council finds and determines that the introduction and adoption of this Proclamation of Emergency is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15269( c) (the activity is necessary to prevent or mitigate an emergency), 15060(c)(2) (the activity will not result in a direct or reasonably 255
Resolution No. 2026-

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foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 9: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 13th day of October, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFI E
P\- C
Lauren Kleiman
Mayor
Exhibit 1 - Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on October 9, 2026
256
Exhibit 1
Proclamation of the Existence of a Local
Emergency by the Director of Emergency Services
on October 9, 2026
257

PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY

BY THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF NEWPORT BEACH
OCTOBER 9, 2026
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the Director of Emergency Services to proclaim a local emergency based on the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Newport Beach caused by conditions such as flood or storm, when the City Council is not in session;
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code and California Government Code sections 8558 and 8630 govern the proclamation and ratification of a local emergency;
WHEREAS, pursuant to California Government Code section 8634 and Newport Beach Municipal Code section 2.20.070, the Director of Emergency Services is authorized, during a proclaimed local emergency, to issue written orders and regulations reasonably necessary to protect life and property and preserve public order and safety, including restrictions on access to public streets and other hazardous areas, provided that such orders and regulations receive widespread publicity and notice and are submitted for timely City Council ratification as required by law; WHEREAS, coastal flooding, elevated ocean water levels, high surf, and other stormrelated conditions have caused or threaten to cause the inundation of public streets, sidewalks, parking areas, beaches, and other public facilities within the City of Newport Beach, creating hazardous conditions for motorists, pedestrians, residents, visitors, and emergency response personnel;
WHEREAS, vehicles parked or operated within areas affected or threatened by flooding may obstruct emergency access, interfere with flood mitigation activities, including the construction and maintenance of protective beach berms and operation of pumping equipment, and create additional hazards to public health and safety, necessitating temporary parking restrictions, street closures, and, where authorized by law, the removal or relocation of vehicles; WHEREAS, hazardous surf, strong currents, coastal flooding, erosion, debris, and rapidly changing ocean conditions present or may present an immediate danger to people accessing City beaches, piers, boardwalks, coastal accessways, and other public areas, necessitating temporary closures or restrictions to protect public health and safety; WHEREAS, the emergency conditions caused by Tropical Storm Rachel and associated coastal flooding, high surf, elevated ocean water levels, and related hazards require or may require the immediate procurement of materials, supplies, equipment, construction services, professional services, and other resources necessary to protect public health and safety, preserve public and private property, maintain essential public services, and prevent or mitigate further damage; WHEREAS, the rapidly changing nature of the emergency conditions may require immediate construction, repair, maintenance, restoration, and other emergency work, including the construction and reinforcement of protective beach berms, operation and repair of pumping and drainage facilities, removal of sand and debris, protection of streets and public infrastructure, and 1 258
implementation of other emergency protective measures, under circumstances in which compliance with ordinary procurement and competitive bidding procedures may result in delays that threaten public health and safety or cause additional damage to public or private property; WHEREAS, pursuant to Newport Beach Municipal Code Section 2.20.070(C), the Director of Emergency Services is authorized, within the limitations of the City Charter and State law, to obtain vital services, supplies, equipment, and other property necessary for the protection of life and property, and to bind the City to pay fair market value for such goods and services, including, when immediately required and otherwise authorized by law, the commandeering of property for public use;
WHEREAS, the emergency conditions require or may require the immediate mobilization, assignment, and coordination of City personnel, contractors, equipment, and other resources, including personnel and resources from the Police, Fire, Public Works, Utilities, and other City departments, to conduct emergency response, flood mitigation, public safety, infrastructure protection, and recovery operations;
WHEREAS, the magnitude, duration, and changing nature of the emergency conditions may exceed the resources immediately available to the City and require coordination with, assistance from, or mutual aid provided by the County of Orange, the State of California, neighboring jurisd~ctions, special districts, and other public or private agencies to protect life and property and maint~in essential public services;
WHEREAS, the City has incurred or may incur extraordinary expenses in responding to the emergency, including expenditures for personnel, equipment, materials, contractual services, emergency protective measures, infrastructure repairs, and related activities, and it is necessary to document such expenditures and undertake appropriate actions to preserve the City's eligibility for available state and federal disaster assistance and reimbursement programs; WHEREAS, the protection of life and property and the effective deployment of emergency personnel, equipment, and resources require the ability to promptly establish, modify, and rescind temporary street closures, parking restrictions, beach closures, and other protective measures as conditions warrant, together with appropriate public notification of such restrictions; WHEREAS, on September 21, 2026, Governor Gavin Newsom proclaimed a State of Emergency throughout California due to the developing 2026-2027 El Nifio event and the anticipated threats of severe storms, coastal flooding, erosion, and related hazards to public health, safety, property, and critical infrastructure; and the Governor's proclamation directs state agencies to coordinate emergency preparedness and response activities, mobilize resources, and expedite necessary flood prevention and mitigation measures to assist local governments in protecting their communities;
WHEREAS, the Director of Emergency Services of the City of Newport Beach hereby finds, based upon information presently available, that:
l. The National Weather Service has warned that swells associated with Rachel may produce life-threatening surf and rip currents and minor to moderate coastal flooding along Southern California beaches;
2 259

2. The National Weather Service has forecast continuing coastal hazards in the coming days, potentially coinciding with rainfall and winds, necessitating continued preparedness and response;

3. On or about October 8, 2026, elevated ocean water levels and high surf associated with Tropical Storm Rachel contributed to coastal and street flooding along the Balboa Peninsula in Newport Beach;

4. Continuing elevated surf, unusually high ocean water levels, and associated flooding conditions threaten public safety, access to public streets, public infrastructure, and public and private property in low-lying coastal areas of the City including, but not limited to, the Wedge, Corona del Mar Main Beach parking lot, Corona de! Mar Main Beach, Breakers Drive, the Balboa Pier parking lot, Seashore Drive between 44th and 60th Streets, 50th and 51st Streets, and 6th through 17th Streets;

5. The City has undertaken emergency protective measures, including rebuilding beach berms, monitoring water levels, operating pumping systems, and responding to flooding incidents;

6. The conditions present or threaten conditions of disaster or extreme peril to the safety of persons and property within the City and are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require or are likely to require the combined forces of other political subdivisions and agencies to com bat;

7. The City Council is not in session; and
WHEREAS, the City's published flood preparedness information identifies West Newport, the Balboa Peninsula, and Newport Bay as low-elevation areas vulnerable to flooding.

NOW, THEREFORE, BE IT PROCLAIMED that a local emergency exists within the City of Newport Beach because of coastal flooding, high surf, and elevated ocean water levels associated with Tropical Storm Rachel.

PURSUANT TO THIS PROCLAMATION, THE DIRECTOR OF EMERGENCY

SERVICES HEREBY ISSUES THE FOLLOWING EMERGENCY ORDERS AND REGULATIONS:

Pursuant to California Government Code section 8634 and Newport Beach Municipal Code sections 2.20.060 and 2.20.070, the Director of Emergency Services hereby promulgates and issues the following emergency orders and regulations:

1. Temporary Closure of Streets and Public Rights-of-Way. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services, or their respective authorized designees, are authorized to temporarily close and restrict vehicular or pedestrian access to public streets, alleys, sidewalks, boardwalks, plazas, and other public rights-of-way where flooding, high surf, stormwater accumulation, debris, erosion, or other storm-related conditions present or are reasonably anticipated to present a substantial threat to public health or safety, or where such restrictions are necessary to faci litate emergency response or flood mitigation operations.

2. Emergency Parking Restrictions. The Police Chief, Public Works Director and Director of Emergency Services, or their authorized designees, are authorized to temporarily prohibit parking, stopping or standing on designated streets and public parking areas when 3 260
necessary to protect persons or property, maintain emergency access, facilitate pumping or flood mitigation operations, or prevent interference with emergency personnel and equipment.

3. Closure of Beaches and Coastal Public Areas. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services, or their respective authorized designees, may temporarily close and restrict access to designated portions of City beaches, piers, boardwalks, coastal accessways, and other public recreational areas where high surf, coastal flooding, strong currents, erosion, debris, or related storm conditions present or are reasonably anticipated to present a substantial danger to persons or property.

4. Prohibition on Entry into Closed Areas. No person shall knowingly enter or remain within an area closed pursuant to a lawful emergency order after receiving notice of the closure through posted signs, barricades, public announcements, or direct instructions from authorized emergency personnel, except as expressly authorized by the City.

5. Emergency Evacuations. The Police Chief, Fire Chief, and Director of Emergency Services, or their authorized designees, may issue evacuation warnings or orders for specifically identified areas when necessary to protect life and safety.

6. Removal or Relocation of Vehicles. Vehicles parked or left standing in violation of applicable emergency closure restrictions, that are obstructing emergency access or flood mitigation operations, or creating a traffic or public safety hazard may be removed or relocated in accordance with the California Vehicle Code.

7. Emergency Protective Measures. City personnel and authorized contractors may undertake emergency protective measures, including removal of debris, pumping of floodwaters, construction and maintenance of temporary protective barriers, and protection or restoration of public infrastructure.

8. Public Notice and Implementation. All emergency orders set forth above, including subsequent modifications and rescissions, shall be issued in writing and given widespread publicity and notice as required by California Government Code section 8634 and Newport Beach Municipal Code section 2.20.070. The City shall use appropriate available means of communication, which may include emergency notification systems, the City's official website, social media, news releases, posted signs, barricades, electronic message boards, and direct notification to affected persons or properties. Notices shall identify the affected area, the nature of the restriction, and when it is effective.

9. Exceptions: The orders set forth herein shall not apply to any City of Newport Beach employee or contractor, as well as any police, fire, or emergency services personnel, while such person is engaged in providing police, fire, or other emergency services.

10. Enforcement. A violation of any of the above emergency orders and regulations shall be unlawful and punishable as an infraction or a misdemeanor in accordance with Chapter 1.04,

2.20, Section 2.20.100 of the Newport Beach Municipal Code and other applicable law. All peace officers are hereby authorized to enforce the above emergency orders and regulations and to arrest any person who does not obey said orders and regulations.

11. Mutual Aid, Emergency Procurement and Contracting. Pursuant to Chapter 2.20, Section 2.20.070(C) of the Newport Beach Municipal Code and other applicable law, the Director of Emergency Services is authorized, to activate mutual aid agreements and obtain and contract for 4 261
emergency services, equipment, materials, supplies, construction, repairs, and other resources reasonably necessary to protect life and property and respond to the emergency.

13. Effective. This proclamation is in effect beginning at 12:30 p.m. on October 9, 2026, and shall continue in full force and effect until rescinded or amended, or until the local emergency is proclaimed terminated.

14. City Council Ratification and Review. This proclamation and the emergency orders issued hereunder shall be submitted to the City Council for ratification and confirmation at the earliest practicable time, but in no event more than seven days after issuance, in accordance with Newport Beach Municipal Code Sections 2.20.060 and 2.20.070 and California Government Code Section 8630. The City Council shall thereafter review the continued necessity of the local emergency as required by law.

Dated: October 9, 2026
Seim one Jurjis, Director of Emergency Services
City of Newport Beach
5 262

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 6
ABSTRACT:

On January 9, 2024, the City Council awarded Contract No. 7444-3 for the Witte Hall project to AMG & Associates, Inc. The project included building a 9,815-square-foot lecture hall, addressing all necessary utilities, and renovating the renamed Stahr Courtyard and Central Library parking lot. The work is now complete and staff requests City Council acceptance and closure of the contract.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$19,068,000 $ 20,498,664 $1,430,664 7.5%
Allowed Contract Time + Approved
Extensions (Days) = 562 Actual Time Used (Days) 593
The work necessary for the completion of this contract consisted of preparing the site for the new buildings; surveying; grading the site; installing all necessary utilities; pouring TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Witte Hall – Notice of Completion for Contract No. 7444-3 (19F11) 263
Witte Hall – Notice of Completion for Contract No. 7444-3 (19F11) October 13, 2026

Page 2 ends

foundations; constructing Witte Hall and the Stahr Courtyard; landscaping the site; and instructing staff on new facility capabilities.

At the February 25, 2025, City Council meeting, the City Council choose not to share the cost for increasing the video screen size. Following the Council meeting, the Library Foundation of Newport Beach (LFNB), formerly known as the Newport Beach Public Library Foundation, decided to self-fund the larger screen and provided a check to the City of Newport Beach (City) for this work and other miscellaneous changes totaling $114,451. Furthermore, LFNB provided additional funds to cover design fees for these items.

The contracted work has been completed to the satisfaction of the Public Works Department.

A summary of the construction cost is as follows:

Original Bid Amount: $ 19,068,000
Actual Cost of Bid Items Constructed $ 19,068,000
Total Change Orders $ 1,316,213
Total LFNB Additional Construction Costs: $ 114,451
Final Contract Cost: $ 20,498,664
The final total contract amount was $20,498,664, which was approximately 7.5% higher than the original bid amount. This cost increase was due to a variety of construction items related to the complex nature of this building such as curtain wall connections, HVAC conduit conflicts, underground utilities alignments, and increasing the landscaping scope to provide a uniform plant palette. The contractor submitted over $2,900,000 in change order requests which, through review, validation and negotiation, were eventually settled to $1,316,213 in additional costs.

A summary of the project schedule milestones is as follows:

The project was substantially completed on June 25, 2026, six months after the original contract completion date of December 23, 2025. The contractor submitted a Time Impact Analysis (TIA) showing 312 days of possible City-responsible delays. After City review of the claim, 92 additional days (plus 5 rain days) were added to the contract accounting for the approved change order work. The City claimed that the contractor was responsible for the remaining contract delays and liquated damages were used to negotiate the final change order amount and additional contract time.

FISCAL IMPACT:

The Witte Hall project was funded from the Fiscal Year 2025-26 Capital Improvement Program budget. Pursuant to the Third Amendment to the Memorandum of Understanding between the City and the Newport Beach Public Library Foundation (now known as the Library Foundation of Newport Beach) (Contract C-7444-4), approved by the City Council on January Estimated Start of Construction per Annual Baseline Schedule February 1, 2024 Actual Start of Construction Per Notice to Proceed February 9, 2024 Estimated Completion per Annual Baseline Schedule December 23, 2025 Substantial Completion Date Inclusive of Extra Work June 25, 2026 264
Witte Hall – Notice of Completion for Contract No. 7444-3 (19F11) October 13, 2026

Page 3 ends

9, 2024, concurrently with the construction contract award, the Newport Beach Public Library Foundation committed to funding 50% of the total project costs. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
Misc. Cooperative Projects Fund 13501-980000-19F11 $ 10,838,777 Parks & Community Centers Facilities
Financial Plan (FFP)
56201-980000-19F11 $ 9,659,887
Total: $ 20,498,664
The FFP is a long-term financial plan to fund the construction and renovation of significant community serving facilities.

ENVIRONMENTAL REVIEW:

On January 9, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities) and 15303 (Class 3 – New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map
265
Attachment A
Location Map
266
Attachment A
LEGEND
267

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 7
ABSTRACT:

The City of Newport Beach (City) received construction bids for the Crean Mariners Branch Library Fire Line Replacement project and requests City Council approval to award the construction contract to Elegant Construction Inc. of Irvine. This project will replace corroded and failing overhead fire sprinkler lines at the Crean Mariners Branch Library, located at 1300 Irvine Ave.

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 10165-1 to Elegant Construction Inc. for the total bid price of $352,500 for the Crean Mariners Branch Library Fire Line Replacement project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $35,000 (approximately 10% of the total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

The Crean Mariners Branch Library is over 20 years old and despite the facility generally being in good condition, the overhead fire sprinkler system is heavily corroded and failing.

Staff believes the overhead fire sprinkler system failing decades earlier than expected is the result of using a noncompatible (to the piping) welding material during original construction. Noncompatible materials can create a cathodic reaction greatly increasing the rate of normal corrosion. Water damage resulting from leaking of the corroded piping has become a consistent and accelerating challenge which can no longer be adequately addressed with temporary solutions. The Facilities Maintenance Master Plan (FMMP) program provides funds for regular maintenance of facilities and occasional out-of-cycle maintenance needs such as this project. This project will fully replace the overhead fire TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Crean Mariners Branch Library Fire Line Replacement – Award of Contract No. 10165-1 (26F02)
268
Crean Mariners Branch Library Fire Line Replacement – Award of Contract No. 10165-1 (26F02)
October 13, 2026

Page 2 ends

sprinkler system at the Crean Mariners Branch Library, preventing future leaks and ensuring continued functionality of the overhead fire sprinkler system for decades to come.

At 2 p.m. on September 22, 2026, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low Elegant Construction Inc. $352,500
2 nd Jami Construction $698,800
The City received two bids for this project. The low bidder, Elegant Construction Inc., possesses a current and valid California State Contractor’s License Classification “B”, as required by the project specifications. A review of references for Elegant Construction Inc. shows satisfactory completion of similar contracts for other public agencies including Coast Community College District, Orange County Community College District, City of Hemet, City of Irvine, Colton Joint Unified School District, and Saddleback Valley Unified School District.

Elegant Construction’s bid was approximately 41% above the engineer’s estimate of $250,000. The premium beyond the engineer’s estimate reflects the needed shop drawing work not included in the engineer’s estimate, the extraordinarily tight schedule proposed for this project to minimize disruption to facility operations, and the uncertainty surrounding potential conflicts not visible above the sealed drywall ceiling. The second lowest bidder’s bid was significantly higher, reflecting risk aversion to the items described above. Pursuant to the contract specifications, the contractor will have 22 consecutive working days to complete the project. Work is tentatively scheduled to start on December 19, 2026, and to be completed by January 16, 2027. This specific time window has been coordinated with the Library Services Department and the Recreation and Senior Services Department for closure of the facility.

The project plans and specifications are available for review at the following link:

Awarding Contracts. This link will expire 10 days after the City Council meeting date. 269
Crean Mariners Branch Library Fire Line Replacement – Award of Contract No. 10165-1 (26F02)
October 13, 2026

Page 3 ends

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
FMMP 57101-980000-26F02 $ 390,000
$ 390,000
Proposed fund uses are as follows:

Vendor Purpose Amount
Elegant Construction Inc. Construction Contract $ 352,500 Elegant Construction Inc. Construction Contingency $ 35,000 Various Printing & Incidentals $ 2,500
Total: $ 390,000
The FMMP includes a comprehensive condition assessment of all City facilities and prioritizes capital repairs and/or major maintenance based on a variety of factors including current condition and age of facilities. This program funds a variety of capital repair and maintenance projects in an effort to keep City facilities in good condition. The FMMP is funded by the General Fund.

Staff recommends establishing $35,000 (approximately 10% of the total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
270
Attachment A
Location Map
271

CITY OF COSTA
MESA
0 PROJECT LOCATIONS
C' -1#,,o us GJ,9

CITY OF
/RV/NE �<x,,

VICINITY MAP

NOT TO SCALE

CITY YARD RE-ROOFING PROJECT

LOCATION MAP

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-7719-1 08/25/20
Attachment A
272

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 8
ABSTRACT:

The City of Newport Beach (City) received construction bids for the Fiscal Year 2026-27 Traffic Signal Rehabilitation Project and requests City Council approval to award the construction contract to International Line Builders, Inc. (ILB) of Corona. This project will update two existing signalized intersections on San Miguel Drive, and install a pedestrian hybrid beacon and two dynamic message signs in Corona del Mar. With the approval of the increased contingency request, the project will also be expanded to include necessary field exploration work and the purchase of the long lead-time signal poles and equipment for a new four-way signal on Via Lido between the Lido Marina and Lido Plaza.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve the project plans and specifications;
c) Award Contract No. 10209-1 to International Line Builders, Inc. for the total bid price of $847,324 for the Fiscal Year 2026-27 Traffic Signal Rehabilitation Project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $212,000 (approximately 25% of total bid) to cover the cost of including necessary field exploration work and the purchase of the long lead-time equipment for a new four-way signal on Via Lido between the Lido Marina and Lido Plaza, as well as any unforeseen work in the original contract.

DISCUSSION:

The Public Works Department operates 123 City-owned traffic signals. Annually, a plan is developed to replace and rehabilitate older traffic signals that are nearing or at the end of their service life. The work consists of replacing aging poles, controller cabinets, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kevin Riley, Transportation Manager/City Traffic Engineer - 949- 644-3329, [email protected]
TITLE: Fiscal Year 2026-27 Traffic Signal Rehabilitation Project – Award of Contract No. 10209-1(27T01)
273
Fiscal Year 2026-27 Traffic Signal Rehabilitation Project – Award of Contract No. 10209-1(27T01)
October 13, 2026

Page 2 ends

equipment, and wiring to maintain the existing traffic signal operation and increase the reliability of the traffic signal system.

For this budget year, the project consists of improving two intersections:
 San Miguel Drive at Port Sutton Drive
 San Miguel Drive at Spyglass Hill Road
In addition, due to the similar nature of work, the following components are included in the project:
 Installation of a pedestrian hybrid beacon signal on East Coast Highway at Orchid Avenue
 Installation of two new dynamic message signs on East Coast Highway: one in the median at Goldenrod Avenue, and one at East Coast Highway and Poppy Avenue  Installation of electrical conduit on Ocean Boulevard for the existing parking occupancy sign for Corona del Mar State Beach
At 10 a.m. on August 27, 2026, the City Clerk opened and read the following bids for this project:

RANK BIDDER TOTAL BID AMOUNT
Low International Line Builders, Inc. dba ILB Electric $847,324 2nd Select Electric Inc. $859,100
3rd Alfaro Communications Construction, Inc. $916,212
4th 3P Construction, Inc. $959,650
5th Elecnor Belco Electric, Inc. $960,636
6th California Professional Engineering, Inc. $1,021,569 7th Crosstown Electrical & Data, Inc. $1,062,585
8th DBX, Inc. $1,095,880
9th Neema General Contracting $1,099,585
10th PTM General Engineering Services, Inc. $1,129,029
11th Traffic Loops Crackfilling, Inc. $1,269,500
12th Servitek Electric, Inc. $1,327,126
The City received 12 bids for this project. The low bidder, ILB, possesses a California State Contractor’s License Classification “C-10” as required by the project specifications.

The contractor has successfully completed similar projects within Newport Beach and a 274
Fiscal Year 2026-27 Traffic Signal Rehabilitation Project – Award of Contract No. 10209-1(27T01)
October 13, 2026

Page 3 ends

check of the contractor’s references indicates satisfactory completion of similar projects for other public agencies.

The Fiscal Year 2026-27 Traffic Signal Rehabilitation project low bid amount is 5% above the engineer’s estimate of $805,000. Pursuant to the contract documents, ILB will have 100 consecutive working days to complete the project.

Since receiving bids for this project, staff was tasked with installing a new signal at the intersection of Via Lido and Via Oporto before the summer of 2027. Staff recommends adding the potholing effort and the purchase of the long lead-time equipment for a new four-way signal to the contingency of this contract. This signal is proposed to relieve the intersection inefficiencies due to the significant number of pedestrians crossing Via Lido between the Lido Marina and Lido Plaza. Staff requests increasing the contingency by 15% to provide the funding necessary to complete the potholing, allowing the designers to find the best locations for the new poles, and for the a purchase of the long lead-time equipment for this signal. The installation of the signal will be included with a separate City improvement project to rehabilitate Via Lido pavement and improve the Via Lido and Via Oporto intersection. Support for the proposed new signal by the adjacent property owner is attached (Attachment B).

The project plans and specifications are available for review at the following link:

Awarding Contracts. This link will expire 10 days after the City Council meeting date.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
General Fund 01201927-980000-25T01 $ 200,000
General Fund 01201927-980000-27T01 $ 359,324
Gas Tax 12101-980000-27T01 $ 500,000
Total: $ 1,059,324
Proposed fund uses are as follows:

Vendor Purpose Amount
ILB Construction Contract
Construction Contingency
$
$
847,324
212,000
Total: $ 1,059,324
Gas Tax revenue is received through State-imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes.
275
Fiscal Year 2026-27 Traffic Signal Rehabilitation Project – Award of Contract No. 10209-1(27T01)
October 13, 2026

Page 4 ends

Staff recommends establishing $212,000 (approximately 25% of the total bid, which includes the additional 15% for the Via Lido signal) for contingency purposes for unforeseen conditions associated with construction and work not included in the original contract.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A - Location Map
Attachment B - Support Letter
276
Attachment A
Location Map
277

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
LOCATION MAP C-9095-1 04/11/2023

TRAFFIC SIGNAL REHABILITATION PROGRAM
FY 2022-2023
Attachment A
Newport Coast Dr
at Sage Hill
Newport Coast Dr
at Gas Recovery
Newport Coast Dr
at Ridge Park Rd
LEGEND
New Traffic Signal Location JAMBOREE ROAD
FY 2023-2024 C-9416-1 10/24/2023 Changeable Message Sign Location LEGEND C-10209-1 10/13/2026 FY 2026-2027 Electrical Conduit Installation HAWK Signal Location Traffic Signal Rehabilitation Location VIA OPORTO

VIA LIDO

NEWPORT BLVD
278
Attachment B
Support Letter
279
3425 Via Lido ● Suite 250 ● Newport Beach, CA 92663 ● 949.723.7100 ● Fax 949.723.1141 Dallas, Texas | Newport Beach, California | Reno, Nevada www.FritzDuda.com
August 17, 2026
Kevin Riley Transportation Manager /
City Traffic Engineer Public Works Department
City of Newport Beach
100 Civic Center Drive Newport Beach, CA 92660
Re: Via Lido at Via Oporto Intersection Improvements –
Support for Concept B and Coordination Framework
Dear Mr. Riley:

Thank you for sharing the City’s concept plans for the Via Lido / Via Oporto intersection. After reviewing the options, Lido Partners (Fritz Duda Company) is prepared to support the city moving forward with Concept B (Driveway Realignment and Traffic Signal) as the preferred approach.

Please let me know the next steps and a convenient time to discuss the coordinated design process. I can be reached at 949-723-7106 or [email protected]
Sincerely,
Paul C. Bernard
Vice President, Western Region
Fritz Duda Company / Lido Partners
cc: Fritz Duda, Joe Stepleton, Dave Webb, Janis Rhodes
280

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 9
ABSTRACT:

Staff requests City Council approval to increase Verne’s Plumbing, Inc.’s agreement by $100,000, from $250,000 to $350,000, to ensure uninterrupted plumbing services at City of Newport Beach (City) facilities and to terminate Pacific Plumbing of Southern California’s agreement due to its failure to respond to service requests or provide quotes.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Three to the On-Call Maintenance / Repair Services Agreement with Verne's Plumbing, Inc., for Plumbing Services, for a new total not-toexceed amount of $350,000, and authorize the Mayor and City Clerk to execute the amendment; and
c) Authorize the termination of the On-Call Maintenance and Repair Services Agreement with Pacific Plumbing of Southern California (dba Pacific Plumbing of Santa Ana.).

DISCUSSION:

On January 24, 2023, the City Council approved three On-Call Plumbing Maintenance and Repair Services Agreements with Verne’s Plumbing, Inc., Pacific Plumbing of Southern California, and ACCO Engineered Systems, Inc. Each agreement had a threeyear term, with a not-to-exceed (NTE) amount of $200,000.

The agreements support plumbing maintenance and repairs for multiple City departments, including Municipal Operations, Fire, Utilities, Police and Recreation & Senior Services. Annual expenditures were projected at approximately $200,000.

On August 20, 2025, the city manager approved Amendment No. Two to each agreement, increasing the NTE amount from $200,000 to $250,000. Verne’s demonstrated expertise TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Zachary Gentry, Municipal Operations Director - 949-644-3055, [email protected]
PREPARED BY: Kyle Brodowski Fleet / Facilities Superintendent - 949-718-3464 [email protected]
TITLE: Amendment No. Three to On-Call Plumbing Maintenance and Repairs Services with Verne’s Plumbing Inc.
281
Amendment No. Three to On-Call Plumbing Maintenance and Repairs Services with Verne’s Plumbing Inc.

October 13, 2026

Page 2 ends

in underground plumbing, competitive pricing, and a willingness to provide aggressive quotes positioned the firm to support upcoming projects, including plumbing fixture replacements at the OASIS Senior Center, the Central Library, and Central Library, mainline piping repairs at Balboa Yacht Basin, and outdoor shower for renovations at Corona del Mar State Beach. Because the current $250,000 NTE amount is insufficient to sustain services throughout the remainder of the term, staff recommends increasing Verne’s agreement by $100,000, for a revised NTE amount of $350,000.

Pacific Plumbing has not consistently responded to service requests or provided quotes when requested, limiting the agreement’s effectiveness. Staff therefore recommends formally terminating the agreement in accordance with its termination provisions. The ACCO agreement, currently authorized at $250,000, will remain unchanged.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this amended agreement. It will be expensed to the Maintenance and Building Repair account in the Municipal Operations Department, 0108541-851016, and to the respective maintenance accounts of other departments requesting plumbing services from these contractors.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Amendment No. Three to On-Call Maintenance/Repair Services Agreement with Verne's Plumbing, Inc. For Plumbing Services 282
Attachment A
Amendment No. Three to On-Call Maintenance/Repair Services Agreement with Verne's Plumbing, Inc. For Plumbing Services
283
VERNE'S PLUMBING, INC. Page 1
AMENDMENT NO. THREE TO

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH VERNE'S PLUMBING, INC. FOR

PLUMBING SERVICES
THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ( Amendment No. Three ) is made and entered into as of this 13th day of October, 2026 , by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city City ), and VERNE'S PLUMBING, INC., a California corporation Contractor whose address is 8561 Whitaker Street, Buena Park, CA 90621, and is made with reference to the following:

RECITALS
A. On January 24, 2023, City and Contractor entered into an On-Call Maintenance/Repair Services Agreement (Contract No. C-7140-3) to perform on-call plumbing maintenance and/or repair services for the City B. On June 18, 2024, City and Contractor entered into Amendment No. One to the update the Schedule of Billing Rates.

C. On August 20, 2025, City and Contractor entered into Amendment No. Two to the Two
January 23, 2028, increase the total compensation, and update the insurance requirements.

D. The parties desire to enter into this Amendment No. Three to increase the total compensation and update the Administration and Notices sections of the Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: Contractor for the Services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during compensation for all Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00), without prior written amendment to the Agreement
The total amended compensation reflects Contractor
additional Services to be performed in accordance with this Amendment No. Three, 284
VERNE'S PLUMBING, INC. Page 2
including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thousand Dollars and 00/100 ($100,000.00). 2. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the This Agreement will be administered by the Municipal Operations Department.

Facilities Superintendent or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

3. NOTICES
Section 25.2 of the Agreement is amended in its entirety and replaced with the addressed to City at:

Attn: Facilities Superintendent
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive

4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]

285
VERNE'S PLUMBING, INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:__________________
By:_____________________________
Date:____________________
By:_____________________________
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
ATTEST:

Date:_________________
CONTRACTOR: VERNE'S PLUMBING,
INC., a California corporation
By:_____________________________
Date:_____________________
By:_____________________________
Lena Shumway
City Clerk
Lawrence James Verne Sr.

Chief Executive Officer
Date:____________________
By:_____________________________
Barbara Rose Verne
Chief Financial Officer
[END OF SIGNATURES]
286

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 10
ABSTRACT:

The Municipal Operations Department requests City Council approval to purchase replacement equipment and one new John Deere backhoe loader.

The two Ford Transit vans, three Toyota Tacoma pickup trucks and one Ram-Jet Vactor truck will replace existing fleet assets that meet the replacement criteria in City Council Policy F-9 – City Vehicle/Equipment Replacement Guidelines (Policy F-9). The backhoe loader is an additional fleet asset approved in the Fiscal Year 2026–27 adopted budget.

The current Fiscal Year 2026-27 adopted budget includes sufficient funding for these purchases
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a Purchase Order for two Ford Transit HR 350 EL Vans from A-Z Bus Sales Inc. for a total amount of $236,431;
c) Approve a Purchase Order for one John Deere backhoe loader from Coastline Equipment of Long Beach for a total amount of $181,422; d) Approve a Purchase Order for one Ram-Jet Vactor Truck from Haaker Equipment for a total amount of $658,800;
e) Approve a Purchase Order for three Toyota Tacoma Pick-up Trucks from RP Automotive for a total amount of $167,308; and
f) Authorize a contingency of $62,000 (approximately 5% of the total quotes) to cover the cost of unforeseen changes to the current quotes.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Zachary Gentry, Municipal Operations Director - 949-644-3055, [email protected]
PREPARED BY: Kyle Brodowski, Municipal Operations Superintendent - 949-718- 3464, [email protected]
TITLE: Approval of Equipment Replacement Purchase orders for Two Ford Transit Vans, One John Deere Backhoe Loader, One Ram-Jet Vactor truck, and Three Toyota Tacoma Pick-up Trucks
287
Approval of Equipment Replacement Purchase orders for Two Ford Transit Vans, One John Deere Backhoe Loader, One Ram-Jet Vactor truck, and Three Toyota Tacoma Pick-up Trucks
October 13, 2026

Page 2 ends

DISCUSSION:

The Municipal Operations Department recommends approval to purchase the following fleet vehicles and equipment:
 Two Ford Transit vans with wheelchair lifts to replace Units 7902 and 7912, which have reached the end of their useful life. The purchase will be funded by a $217,800 Orange County Transportation Authority (OCTA) Enhanced Mobility for Seniors and Individuals with Disabilities grant accepted by the City Council on November 18, 2025. The vans will be procured through the CalACT cooperative purchasing agreement.
 Three Toyota Tacoma TRD Off-Road 4WD pickup trucks to replace beachresponse vehicles Units 2812, 2814 and 2817. The vehicles are subject to accelerated replacement because of the harsh beach environment and intensive emergency-response use. Following Request for Bids No. 27-09, RP Automotive of Downey was identified as the lowest responsive and responsible bidder at $167,307.63
 One Ram-Jet Vactor truck to replace Unit 5520, delivered in 2016, which meets the 10-year criteria for replacement per Council Policy F-9. The truck is essential for sewer-line cleaning and helps prevent backups, overflows, flooding and service interruptions. The total purchase price is $658,799.66
 One John Deere 410 P-Tier backhoe as an additional fleet asset authorized in the adopted Fiscal Year 2026–27 budget. The additional backhoe is needed to address increased maintenance demands for beaches, streets, sidewalks, drainage systems, and other public infrastructure. The total purchase price is $181,422.45.

The backhoe and Vactor truck will be purchased through Sourcewell cooperative purchasing contracts. The combined total for these two items is $840,222, representing a pre-tax discount of $106,321 from the suggested list prices. Administrative Services Department staff determined that the cooperative purchasing and bidding processes comply with applicable purchasing requirements and City administrative procedures.

Equipment Suggested List
Price
Sourcewell
Selling Price
Pre-Tax
Discount
Total w/
Tax
410 P-Tier
Backhoe Loader $267,671 $168,374 ($99,298) $181,422
Ram-Jet Vactor
Truck $618,438 $611,415 ($7,023) $658,800
Total $886,109 $779,789 ($106,321) $840,222
288
Approval of Equipment Replacement Purchase orders for Two Ford Transit Vans, One John Deere Backhoe Loader, One Ram-Jet Vactor truck, and Three Toyota Tacoma Pick-up Trucks
October 13, 2026

Page 3 ends

FISCAL IMPACT:

The current Fiscal Year 2026-27 adopted budget includes sufficient funding for these purchases which will be expensed to the Rolling Equipment account in the Municipal Operations Department, 7529032-911016. The purchase of the two Ford Transit Vans will be funded by the OCTA Enhanced Mobility for Seniors and Individuals with Disabilities grant in the amount of $217,800. The grant funds will be expensed from the Recreation and Senior Services Equipment N.O.C. account, 0107033-911024-G2601. The remaining balance of $18,631 will be expensed in the Rolling Equipment account.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Bid Results RFB 27-09
Attachment B – Vehicle and Equipment Quotes
289
Attachment A
Bid Results RFB 27-09
290
City of Newport Beach
Submissions for Solicitation (3) 2026 or Newer Toyota Tacoma TRD Off-Road 4WD Double Cab, 6FT Bed Pickup Trucks (27-09) Issued on 08/13/2026
Submissions Due on September 02, 2026 1:00 PM (PDT)
Exported on 09/02/2026
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description Unit of Measure Quantity One Nation Distribution LLC -
Unit Price
One Nation
Distribution LLC -
Line Total
One Nation
Distribution LLC -
Response
rp automotive -
Unit Price
rp automotive -
Line Total
rp automotive -
Response
Red & Blue Car
Rental Inc. - Unit
Price
Red & Blue Car
Rental Inc. - Line
Total
Red & Blue Car
Rental Inc. -
Response
1 Section 1 2026 or Newer Toyota
Tacoma TRD Off-Road
4WD Double Cab, 6FT
Bed Pickup Truck
EACH 3 $52,989.00 $158,967.00 Yes $51,650.00 $154,950.00 Yes $56,500.00 $169,500.00 Yes 2 Section 1 Tire Recycling Fee EACH 15 $1.75 $26.25 Yes $1.75 $26.25 Yes $1.75 $26.25 Yes 3 Section 1 DMV Registration Fee
(Exempt Plates)
VEHICLE 3 $480.00 $1,440.00 Yes $0.00 $0.00 Yes $0.00 $0.00 Yes 4 Section 1 DMV Documentation
Fee
VEHICLE 3 $190.00 $570.00 Yes $85.00 $255.00 Yes $0.00 $0.00 Yes 5 Section 1 Other Miscellaneous Fee
(if applicable)
VEHICLE 3 $1.00 $3.00 Yes $37.00 $111.00 Yes $0.00 $0.00 Yes 6 Section 1 Tax LUMP SUM 1 $4,106.65 $4,106.65 Yes $12,028.38 $12,028.38 Yes $0.00 $0.00 Yes 7 Section 1 Delivery Charge (if
applicable)
LUM SUM 1 $495.00 $495.00 Yes $0.00 $0.00 Yes $0.00 $0.00 Yes Subtotal $165,607.90 $167,370.63 $169,526.25
Total $165,607.90 $167,370.63 $169,526.25
One Nation Distribution LLC did not calculate tax correctly, therefore, RP Automotive is the lowest overall bidder.

Tax incorrect
291
Attachment B
Vehicle & Equipment Quotes
292
2070 NORTH WHITE AVENUE, LA VERNE, CALIFORNIA 91750
(909) 598-2706 ~ HAAKER.COM

QUOTE
AUGUST 17, 2026
TO: CITY OF NEWPORT BEACH A TTN: MR. KYLE BRODOWSKI
592 SUPERIOR AVENUE (949) 718-3464
NEWPORT BEACH, CA 92663 EMAIL: [email protected]

IN ACCORDANCE WITH YOUR REQUEST, WE ARE PLEASED TO SUBMIT THE FOLLOWING PROPOSAL FOR

YOUR CONSIDERATION AND APPROVAL BASED ON THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT –
CONTRACT #101221-VTR.

ONE (1) NEW CNG VACTOR RAMJET SEWER CLEANER
2,000-GALLON CAPACITY, 80 GPM/2500 PSI JET RODDER PUMP. MOUNTED ON A NEW 2027 CNG PETERBILT 520 TANDEM REAR AXLE (6x4) 320HP CDL CHASSIS, WITH CUMMINS L9N ENGINE AND ALLISON 3000RDS AUTOMATIC TRANSMISSIONPAINTED UTILITY YELLOW. UNIT INCLUDES THE FOLLOWING STANDARD AND OPTIONAL FEATURES.

STANDARD ITEMS INCLUDED:
2-1/2" X 25' FILL HOSE W/

CONNECTIONS STREET SIDE AND

CURB SIDE
304 STAINLESS STEEL TANK W/BAFFLE
W/10 YR WARRANTY

INTUITOUCH ELECTRONIC PACKAGE
(3) NOZZLES W/ CARBIDE INSERTS
1" X 10' LEADER HOSE W/ 1" NOZZLE
PIPE

HYDRANT WRENCH

HANDGUN ASSEMBLY

COLOR CODED SEALED ELECTRICAL
SYSTEM

ALUMINUM REAR FENDERS W/ MUD

FLAPS AND ANTI-SAIL BRACKETS

HYDRAULIC OIL SIGHT GAUGE

ELECTRIC BACK-UP ALARM

MULTI-FLOW WATER SYSTEM

HYDRAULIC MANIFOLD HOSE REEL

CONTROLS

LOW WATER ALARM WITH WATER

PUMP FLOW INDICATOR
3" Y-STRAINER FILTER IN WATER TANK

FILL W/ CLEANABLE FILTER ACCESSIBLE

AT GROUND LEVEL

FLEXIBLE HOSE GUIDE
3" Y-STRAINER FILTER IN JET RODDER

PUMP SUCTION W/ CLEANABLE FILTER

ACCESSIBLE AT GROUND LEVEL

DIGITAL WATER PRESSURE GAUGE
80 GPM/2500 PSI JET RODDER PUMP

RODDER SYSTEM ACCUMULATOR -

JACK HAMMER ON/OFF CONTROL W/

MANUAL VALVE
1" WATER RELIEF VALVE

SIDE MOUNTED JET RODDER PUMP W/
TWO YR. WARRANTY

ROAD SIDE HAZARD KIT
FIRE EXTINGUISHER 5 LBS.

DIGITAL HOSE FOOTAGE COUNTER

HYDRAULIC TANK SUCTION SHUTOFF
VALVES

RODDER PUMP DRAIN VALVES

TACHOMETER / CHASSIS ENGINE W/

HOUR METER / OIL PRESSURE /

COOLANT TEMPERATURE / HOUR
METER

HYDRAULIC OIL TEMP ALARM

W/INDICATOR AND SHUTDOWN

CIRCUIT BREAKERS

LED LIGHTS CLEARANCE BACKUP STOP

TAIL & TURN

TOW HOOKS REAR

TOW HOOKS FRONT
HYDRAULIC EXTENDING 15" ROTATING
HOSE REEL 1" X 800' CAPACITY

VACTOR/GUZZLER LOGOS - APPLIED
293
OPTIONAL ITEMS INCLUDED:
800' X 1" PIRANHA SEWER HOSE 2500

PSI IN LIEU OF STD

RODDER HOSE PINCH ROLLER

HIGH PRESSURE HOSE REEL

HOSE WIND GUIDE (DUAL ROLLER)

AUTO ADJUSTABLE

LAVAL WATER SEPARATOR AT FILL

AIR ACTUATED MAIN HOSE REEL BALL
VALVE

DIGITAL WATER LEVEL INDICATOR

HANDGUN COUPLERS FRONT & REAR

BELLYPACK WIRELESS CONTROLS

INCLUDING HOSE REEL CONTROLS

WATER COOLER STORAGE RACK

AMBER LIGHTS FOR FLASHING LIGHT

PACKAGE

SAFETY CONE STORAGE RACK

ADDITIONAL SAFETY CONE STORAGE
RACK

CORDED HAND LIGHT W/BUMPER PLUG

WORKLIGHT OPERATORS STATION LED

WORKLIGHT HOSE REEL MANHOLE LED
6 LIGHT PACKAGE 6 FEDERAL SIGNAL

STROBE LIGHTS LED

SIDE WORKLIGHTS LED

CAMERA SYSTEM FRONT, REAR &

BOTH SIDES
PINTLE HITCH ASSEMBLY 20 000 LBS

REAR STRIPE MATERIAL REFLECTIVE
TAPE

REAR BASKET

POINT OF USE TOOL STORAGE

OVER FENDER TOOLBOX- DRIVER SIDE
(2) OVER FENDER TOOLBOXPASSENGER SIDE

OVER RODDER PUMP TOOL TRAY

TOOLBOX FRONT BUMPER MOUNTED
16 X 12 X 18 W/(2) LED SIDE MARKERS

LONG HANDLE TOOL STORAGE
EXT. BODY WARRANTY - 2YRS
EXT. CHASSIS WARRANTY – 3YRS

AMBER LED LIGHTING PACKAGE TO

INCLUDE LIGHT BAR ON CAB

ADDITIONAL STROBES AND REAR

TRAFFIC ADVISOR
UNIT PRICE: $ 618,438.00
SOURCEWELL DISCOUNT: ($ - 7,023.00)
SOURCEWELL UNIT PRICE: $ 611,415.00
SALES TAX 7.750%: $ 47,384.66
TOTAL UNIT PRICE F.O.B. NEWPORT BEACH, CA 92663: $ 658,799.66

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: PRICE IS GOOD FOR 30 DAYS. COST INCREASES DUE TO THE ADDITION OF GOVERNMENT MANDATED

SAFETY OR ENVIRONMENTAL DEVICES INCURRED AFTER THE DATE OF THIS PROPOSAL WILL BE CHARGED TO YOU AT OUR COST. PROOF OF SUCH COSTS, IF ANY, WILL BE DOCUMENTED.

TAXES: ANY SALES TAX SHOWN IS SUBJECT TO CHANGE. SALES TAX WILL BE CALCULATED AND CHARGED BASED ON CURRENT RATES FOR THE LOCATION OF THE SALE AT TIME OF INVOICE. FEDERAL EXCISE TAXES, IF APPLICABLE, WILL REQUIRE PAYMENT UNLESS A PROPERLY EXECUTED EXEMPTION CERTIFICATE IS SUBMITTED.

DELIVERY: TO BE DETERMINED . . TERMS: NET TERMS OR APPROVED FINANCING .

WE APPRECIATE THE OPPORTUNITY TO PRESENT THIS PROPOSAL AND LOOK FORWARD TO BEING OF FURTHER AND CONTINUED SERVICE.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: Matt Muinch DATE:

MATT MUINCH

SALES AREA REPRESENTATIVE
294
Salesperson : X ___________________ Accepted By : X ___________________ Prepared For

CITY OF NEWPORT BEACH KYLE

BRODOWSKI
592 SUPERIOR AVE BLDG D
NEWPORT BEACH, CA 926633670
(949) 718-3464
Prepared By

KENNETH HAMMOND
Coastline Equipment Company
6242 N Paramount Blvd Bldg A
Long Beach, CA 90805
562-272-7400
ken.hammond@coastlineequipment.
com
Quote Id 2445401
Creation Date 28-Jul-2026
Expiration Date 30-Sep-2026
Customer Notes
PRICING INCLUDES SOURCEWELL COOPERATIVE CONTRACT 011723-JDC, WHICH EXPIRES 14-APR-2027 Quote Summary
Equipment Summary Suggested List QTY In Group
New 2026 JOHN DEERE 410 PTier Backhoe Loader 17E1T1T0410PBTTFX15766 $267,671.00 1 Est. Delivery Date: 28-Aug-2026
Equipment Total $168,373.50
Quote Summary
Total Selling Price $168,373.50
Sales Tax - (7.75%) $13,048.95
Sub-total $181,422.45
Balance Due $181,422.45
295
Selling Equipment
Quote # 2445401
Customer CITY OF NEWPORT BEACH KYLE BRODOWSKI
New 2026 JOHN DEERE 410 PTier Backhoe Loader 17E1T
Hours 5
Serial Number 1T0410PBTTFX15766
Stock Number 126801
PUK Parent Serial # - - -
QTY In Group : 1
Suggested List
$267,671.00
Selling Price
$168,373.50
Equipment Summary
Code Description Qty List Price Adjusted Selling Price
17E1T 410 PTier Backhoe Loader 1 $220,843.00 $220,843.00 Base / Options
Code Description Qty List Price Adjusted Selling Price
0259 English 1 $0.00 $0.00
0202 United States 1 $0.00 $0.00
0351 Translated Text Labels 1 $0.00 $0.00
183N JDLink 1 $0.00 $0.00
7800 Less Backhoe Bucket with
Bucket Pins 1 $0.00 $0.00
0950 Less Vision System 1 $0.00 $0.00
3009
Autoshift Transmission
Mechanical Front Wheel Drive
MFWD with Limited Slip
Differential
1 $0.00 $0.00
4006 John Deere 4.5L FT4Stage IV 1 $0.00 $0.00
7028 Pilot Controls, Two Lever, with
Pattern Selection 1 $0.00 $0.00
5250 Galaxy 21L24 12PR Rear

12.58018 10PR Front 1 $0.00 $0.00
7037 TwoFunction Loader
Hydraulics, Single Lever 1 $0.00 $0.00
1210 Premium Package Radio 1 $538.00 $538.00
6752 Extendible Dipperstick 1 $9,344.00 $9,344.00
7002
Auxiliary Hydraulics with One
Two Way Flow Hammer
ThumbSwinger
1 $6,953.00 $6,953.00
8075 Diagnostic Oil Sampling Ports 1 $509.00 $509.00
296
6577 1250 lb. 567 kg. Front
Counterweight 1 $2,011.00 $2,011.00
0651 Level 1 Performance Package 1 $1,784.00 $1,784.00
6155 Dual Batteries with Disconnect
and Jump Post 1 $320.00 $320.00
8096
Premium Mirrors Exterior Rear
View Mirrors 2 and Front View
Mirror 1
1 $207.00 $207.00
8165 Auto Ride Control 1 $2,608.00 $2,608.00
7708 Top Hook Quick Coupler Less
Thumb 1 $1,548.00 $1,548.00
8089 Engine Coolant Heater 1 $192.00 $192.00
0606 Level 2 Cab 1 $1,737.00 $1,737.00
7865 92 in. 2.33 m. General Purpose
Bucket, 1.50 cu. yd. 1.15 cu. m. 1 $6,212.00 $6,212.00
Total Base / Options $254,806.00 $254,806.00
Dealer Attachments
Code Description Qty List Price Adjusted Selling Price
127134 TAG 18" Wain/Roy Style Bucket 1 $1,360.00 $1,360.00 127137 TAG 24" Wain/Roy Style Bucket 1 $1,564.00 $1,564.00 BYT13711 License Plate Bracket 1 $59.00 $59.00
BYT13521 Corner Beacon Light Kit 1 $267.00 $267.00
BYT13706 Slow Moving Vehicle Sign Kit 1 $115.00 $115.00 Factory Freight, Pre-Delivery
Set Up, Shop Labor and Local
Delivery
1 $9,500.00 $9,500.00
Total Dealer Attachments $12,865.00 $12,865.00
Customer Discounts
Description Discount Amount
Customer Discount ($99,297.50)
Total Discounts ($99,297.50)
Selling Price Subtotal $168,373.50
Total Selling Price $168,373.50
297
MBTA CalACT Cooperative
Quote Date 7/27/2026
592 Superior Ave County: Orange Expires When 20-01 CAL-ACT Newport Beach Zip Code: 92663 Revision # Contract Expires Kyle Brodowski Office Phone: Revision Date
[email protected] Cell Phone: Fax Number
Eddie Chavez Type V-Ford Transit HR 350EL, Driverge FIN Code Required QTY Contract Price
DRIVERGE , TYPE V Ford E-Transit HR 350EL - 7 Ambulatory Passengers + 1 Wheelchairs 1 1 Sub-Total Base Unit $ 84,876.00

PUBLISHED OPTIONS
1 Included Included
1 Included Included
1 Included Included
1 Included Included
1 Included Included
3 $ 1,280.00 3,840.00
Included Included
1 Included Included
1 Included Included
1 Included Included
1 Included Included
3 (159.00) (477.00)
1 $ 255.00 255.00
1 Included Included
1 Sub-Total Published Options 3,618.00

NON PUBLISHED OPTIONS
1 5,152.37 5,152.37
1 1,192.00 1,192.00
1 750.00 750.00
1 10,417.00 10,417.00
1 576.00 576.00
3 (1,090.00) (3,270.00)
1 3,500.00 3,500.00
2 (350.00) (700.00)
1 921.00 921.00
6 195.75 1,174.50
2 180.00 360.00
1 Sub-Total Non-Published Options 20,072.87

SUMMARY

SPECIFICATION SUMMARY
1 Model Year 2027 Make: Driverge Wheelchair Lift Model: Braun 800 lbs. 1 Type: Ford Transit HR XL 350EL Chassis: Ford Transit 350EL Wheelchair Lift Location Rear 1 Passenger Capacity: 7 + 1 wheelchair positions Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: OEM Dark Palazzo Gray Vinyl Engine: 3.5L EcoBoost Turbo Gas Alternator: Ford OEM 1 Air Conditioning System: Front OEM + Rear Tie-In GVWR: 10,100 Tie Down Type L-Track 1 Exterior Color/Graphics: White Ford OEM with Graphics Body Length: ~22 FT Estimated Delivery: 150-180 days Contact:

Chassis, Ford Transit T350 Gas, 148' W/B"
Email Address:

Sales Representative
Option Description
Ford Transit 350EL
Delete Freedman Foldaway Seat (double)
Left and Right Leaf Door Handle - Yellow
Delete Freedman 1-Person Standard Seat
Q'Straint Q8100/DELUXE Series Retractable Tie-Down Belts w/Lap and shoulder belt (L-Track)(w/knob) Freedman GO-ES 202A Headrest
Price Increase of 2027 Chassis
Delete set of Q'Straint 360-Series Retractable Tie-Down Belts w/Lap and Shoulder (L-Track) Q'Straint 360-Series Retractable Tie-Down Belts w/Lap and Shoulder (L-Track) RFP #20-01
Customer: City of Newport Beach
Address:

City
Transit Style Entry Door
Full Curtain Lift Cover, Braun Lift, 33"-34" wide.

Black Powder-Coat Aluminum Step Running Boards (Gas Transit, Driver/Copilot Door) Q-Straint Walker Holder System Q-3009
Simple Graphics Package - $3,500 Value - (Name/Logo/Website on Multiple Sides) See rendition Braun NCL919FIB-2 Century Lift. 34 x 54 Platform, 800lb capacity. Rear Door, w/Interlock, Wheelchair Lift at Rear Safety Kit (5lb BC Fire extinguisher, 25-Unit First Aid Kit, Reflective triangle flare kit (3), Seatbelt strap cutter) Black Altro Transflor Meta Floor Covering
Tie-Down Webbing Loop (14" Blue) (4 per Wheelchair Position) Freedman GO-ES Double Seat
Freedman Double Foldaway Seat with Anti-Vandal Grab Handles High-Idle Control (Intermotive)
ADA Signage/Decal Kit
Backup Alarm
Stainless Steel Grab Bar at Non-Lift Door
Delivery Zone 1
Postural/Torso Support Belt, Padded
7 Ambulatory + 1 Wheelchair Position
x______________________________
Authorized Signor for City of Newport
Beach to Acknowledge Floorplan 298
MBTA CalACT Cooperative
Quote Date 7/27/2026
592 Superior Ave County: Orange Expires When 20-01 CAL-ACT Newport Beach Zip Code: 92663 Revision # Contract Expires Kyle Brodowski Office Phone: Revision Date
[email protected] Cell Phone: Fax Number
Eddie Chavez Type V-Ford Transit HR 350EL, Driverge FIN Code Required QTY Contract Price
Contact:

Email Address:

Sales Representative
Option Description
RFP #20-01
Customer: City of Newport Beach
Address:

City

SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford OEM Body Construction, High Roof Tires: 205/75R16C 1 Ford U4X T350 HR XL RWD Engine: 3.5L Gas EcoBoost
1 Braun 800 lb Century W/C Lift Drive Type: Rear Wheel Drive 1 Height Interior, 77" AM/FM/BT Radio
1 Exterior Height 107" GVWR: 10,100 lbs.
1 Overall Length 263" OEM Ford Air Conditioning and Heat 1 Dual Battery System 3.73 ratio Limited-Slip (LS) rear axle 1 CONTRACT PRICING SUMMARY
1 Base Unit as Specified 84,876.00
1 Document Fee 80.00
1 Published Options 3,618.00
1 Non-Published Options 20,072.87
1 Sub Total Each 108,646.87
1 Mobility Aid rebate shown for Sales Tax Purposes 1,000.00 Reversed below 1 ADA Portion 31,274.00
1 Taxable amount on which tax is collected 78,372.87
1 Sales Tax on taxable amount 6,073.90 7.750% Newport Beach 1 CalACT MBTA Fee of 1.5% on the subtotal 1,629.70
1 CA Tire Tax 12.25
1 Sub Total Each 117,362.72
1 Less Mobility Aid Rebate -1,000.00 Reversal from above 1 New Total 116,362.72
1 Qty 1
1 Grand Total 116,362.72
1 1 Agreed and Accepted by,
Signature Signature Date
Print Name
City of Newport Beach

COMPANY/AGENCY
Eddie Chavez - A-Z Bus Sales
Print Name
Submitted by:
299
MBTA CalACT Cooperative
Quote Date 7/20/2026
592 Superior Ave County: Orange Expires When 20-01 CAL-ACT Newport Beach Zip Code: 92663 Revision # Contract Expires Kyle Brodowski Office Phone: Revision Date
[email protected] Cell Phone: Fax Number
Eddie Chavez Type V-Ford Transit HR 350EL, Driverge FIN Code Required QTY Contract Price
DRIVERGE , TYPE V Ford E-Transit HR 350EL - 8 Ambulatory Passengers + 1 Wheelchairs 1 1 Sub-Total Base Unit $ 84,876.00

PUBLISHED OPTIONS
1 Included Included
1 Included Included
1 Included Included
1 Included Included
1 Included Included
2 $ 1,280.00 2,560.00
3 $ 945.00 2,835.00
1 Included Included
1 Included Included
1 Included Included
1 Included Included
1 $ 255.00 255.00
1 $ 10,417.00 10,417.00
1 Included Included
1 Sub-Total Published Options 16,067.00

NON PUBLISHED OPTIONS
1 5,152.37 5,152.37
1 1,192.00 1,192.00
1 950.00 950.00
1 576.00 576.00
3 (811.00) (2,433.00)
1 3,500.00 3,500.00
2 (350.00) (700.00)
1 921.00 921.00
7 245.25 1,716.75
2 350.00 700.00
3 (159.00) (477.00)
1 Sub-Total Non-Published Options 11,098.12

SUMMARY

SPECIFICATION SUMMARY
1 Model Year 2027 Make: Driverge Wheelchair Lift Model: Braun 800 lbs. 1 Type: Ford Transit HR XL 350EL Chassis: Ford Transit 350EL Wheelchair Lift Location Rear 1 Passenger Capacity: 8 + 1 wheelchair positions Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: OEM Dark Palazzo Gray Vinyl Engine: 3.5L EcoBoost Turbo Gas Alternator: Ford OEM 1 Air Conditioning System: Front OEM + Rear Tie-In GVWR: 10,360 Tie Down Type L-Track 1 Exterior Color/Graphics: White Ford OEM with Graphics Body Length: ~22 FT Estimated Delivery: 150-180 days Postural/Torso Support Belt, Padded
Freedman GO-ES Single Seat
High-Idle Control (Intermotive)
ADA Signage/Decal Kit
Backup Alarm
Full Curtain Lift Cover, Braun Lift, 33"-34" wide.

Black Powder-Coat Aluminum Step Running Boards (Gas Transit, Driver/Copilot Door) Q-Straint Walker Holder System Q-3009
Simple Graphics Package - $3,500 Value - (Name/Logo/Website on Multiple Sides) See rendition Delete set of Q-Straint 360 Series Retractable Tie-Down Belts w/Lap and Shoulder (L-Track) Price Increase of 2027 Chassis
Q'Straint 360-Series Retractable Tie-Down Belts w/Lap and Shoulder (L-Track) Braun NCL919FIB-2 Century Lift. 34 x 54 Platform, 800lb capacity. Rear Door, w/Interlock, Wheelchair Lift at Rear RFP #20-01
Customer: City of Newport Beach
Address:

City
Safety Kit (5lb BC Fire extinguisher, 25-Unit First Aid Kit, Reflective triangle flare kit (3), Seatbelt strap cutter) Black Altro Transflor Meta Floor Covering
Tie-Down Webbing Loop (14" Blue) (4 per Wheelchair Position) Freedman GO-ES Double Seat
Stainless Steel Grab Bar at Non-Lift Door
Delivery Zone 1
Transit Style Entry Door
Delete Freedman Foldaway Seat (double)
Left and Right Leaf Door Handle - SS
Delete Freedman 1-Person Standard Seat
Q'Straint Q8100/DELUXE Series Retractable Tie-Down Belts w/Lap and shoulder belt (L-Track)(w/knob) Freedman GO-ES 202A Headrest
Contact:

Chassis, Ford Transit T350 Gas, 148' W/B"
Email Address:

Sales Representative
Option Description
Ford Transit 350EL
8 Ambulatory Passengers + 1 Wheelchair Position
x____________________________
Authorized Signor of City of Newport
Beach to acknowledge floorplan
300
MBTA CalACT Cooperative
Quote Date 7/20/2026
592 Superior Ave County: Orange Expires When 20-01 CAL-ACT Newport Beach Zip Code: 92663 Revision # Contract Expires Kyle Brodowski Office Phone: Revision Date
[email protected] Cell Phone: Fax Number
Eddie Chavez Type V-Ford Transit HR 350EL, Driverge FIN Code Required QTY Contract Price
RFP #20-01
Customer: City of Newport Beach
Address:

City
Contact:

Email Address:

Sales Representative
Option Description

SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford OEM Body Construction, High Roof Tires: 205/75R16C 1 Ford U4X T350 HR XL RWD Engine: 3.5L Gas EcoBoost
1 Braun 800 lb Century W/C Lift Drive Type: Rear Wheel Drive 1 Height Interior, 77" AM/FM/BT Radio
1 Exterior Height 107" GVWR: 10,360 lbs.
1 Overall Length 263" OEM Ford Air Conditioning and Heat 1 Dual Battery System 3.73 ratio Limited-Slip (LS) rear axle 1 CONTRACT PRICING SUMMARY
1 Base Unit as Specified 84,876.00
1 Document Fee 80.00
1 Published Options 16,067.00
1 Non-Published Options 11,098.12
1 Sub Total Each 112,121.12
1 Mobility Aid rebate shown for Sales Tax Purposes 1,000.00 Reversed below 1 ADA Portion 32,434.00
1 Taxable amount on which tax is collected 80,687.12
1 Sales Tax on taxable amount 6,253.25 7.750% Newport Beach 1 CalACT MBTA Fee of 1.5% on the subtotal 1,681.82
1 CA Tire Tax 12.25
1 Sub Total Each 121,068.44
1 Less Mobility Aid Rebate -1,000.00 Reversal from above 1 New Total 120,068.44
1 Qty 1
1 Grand Total 120,068.44
1 1 Agreed and Accepted by,
Signature Signature Date
Print Name
City of Newport Beach

COMPANY/AGENCY
Eddie Chavez - A-Z Bus Sales
Print Name
Submitted by:
301

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 11
ABSTRACT:

The City of Newport Beach (City) uses independent hearing officers to conduct administrative hearings and issue written determinations on appeals and other enforcement-related matters. The City recently awarded contracts to two firms to provide hearing officer services; however, the volume of hearing requests has exceeded initial projections, largely due to appeals of administrative citations issued during the heightened enforcement period associated with the Fourth of July Safety Enhancement Zone. To ensure adequate capacity and maintain compliance with the Newport Beach Municipal Code (NBMC) hearing-scheduling requirements, staff requests an exception to bidding and approval of an additional professional services agreement with AlvarezGlasman & Colvin for hearing adjudication services. The agreement would be in an amount not-to-exceed $187,500 and would terminate on June 30, 2028. The additional firm will provide necessary scheduling flexibility and support the City’s ability to process appeals within the required timeframes.

DISCUSSION:

Independent hearing officers are required to conduct administrative hearings and issue determinations on appeals and other matters, including, but not limited to, administrative TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam, Adminstrative Services Director/Treasurer - 949- 644-3126, [email protected]
PREPARED BY: Jessica Kan, Revenue Manager - 949-644-3153, [email protected]
TITLE: Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
302
Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
October 13, 2026

Page 2 ends

citations; short-term lodging permit suspensions and revocations; three-year construction extensions; loud and unruly gathering violations; and animal control violations.

The Revenue Division facilitates the appeal process and schedules administrative hearings every two weeks and, when needed, as frequently as weekly. Hearings are assigned on a rotating basis among the City’s two currently available hearing officers. To support due process and promote impartiality, hearing officers serve three consecutive years before being removed from the rotation for at least one year.

The City is experiencing an unanticipated and significant increase in requests to appeal administrative citations issued during the heightened enforcement period associated with the Fourth of July Safety Enhancement Zone. The resulting volume of appeals has exceeded initial projections and is placing greater demands on the City’s two currently available hearing officers. Additional hearing capacity would help the City manage the current increase and accommodate future fluctuations in hearing volume.

Although the volume of hearings is expected to ebb and flow over time, the City must maintain sufficient capacity to respond promptly to periods of increased demand. Without additional hearing officers, the current caseload may limit scheduling flexibility, place increased demands on the existing contracted firms, and jeopardize the City’s ability to meet mandatory hearing deadlines.

Pursuant to Section 1.05.080 of the NBMC, a hearing must be scheduled no fewer than 15 days and no more than 60 days from the date the hearing request is filed. Adding another qualified hearing officer would provide scheduling flexibility, help manage the current increase in appeals, and support the City’s ability to meet these requirements.

Because the City currently has only two hearing officers available and must schedule hearings within the timeframe established by the NBMC, staff recommends an exception to bidding so an additional hearing officer can be brought on board as soon as possible.

Waiting to complete another competitive solicitation would delay adding capacity while the City is managing the increase in hearing requests. Alvarez-Glasman & Colvin has extensive experience providing hearing officer services to various public agencies and is qualified to serve as a neutral and independent hearing officer for the City. The additional capacity would help the City process appeals within the required timeframes and maintain a fair and impartial hearing process.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this service.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA 303
Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
October 13, 2026

Page 3 ends

Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
304
Attachment A
Professional Services Agreement with Alvarez-Glasman & Colvin for Hearing Adjudication Services
305

PROFESSIONAL SERVICES AGREEMENT

WITH ALVAREZ-GLASMAN & COLVIN FOR

HEARING ADJUDICATION SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( Agreement ) is made and entered into as of this 1 day of October, 2026 , by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city City ), and ALVAREZ-GLASMAN & COLVIN, a California general partnership whose address is 13181 Crossroads Parkway North, Suite 400, West Tower, Industry, CA 91746, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. City desires to engage Consultant to provide hearing adjudication services C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement.

D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2029, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of sole discretion.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to 306
Alvarez-Glasman & Colvin Page 2
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Co
any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that a

3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail.

4. COMPENSATION TO CONSULTANT

4.1 City shall pay Consultant for the Services on a time and expense not-toexceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred EightySeven Thousand Five Hundred Dollars and 00/100 ($187,500.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.

4.2 Consultant shall submit monthly invoices to City describing the Work who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City.

4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, Extra Work means any Work that is determined by City to be necessary for the 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. 307
Alvarez-Glasman & Colvin Page 3
Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B.

5. PROJECT MANAGER

5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Arnold M. Alvarez-Glasman to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. C approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. cellular phone number shall be provided to City.

6. ADMINISTRATION
This Agreement will be administered by the Administrative Services Department. Revenue Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner Work schedule.

8. STANDARD OF CARE

8.1 All of the Services
supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City.

By delivery of completed Work, Consultant certifies that the Work conforms to the 308
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requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards.

8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.

8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.

9. HOLD HARMLESS

9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them).

9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil 309
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service status or other right of employment shall accrue to Consultant or its employees.

Nothing in this Agreement shall be deemed to constitute approval for Consultant or any nsultant
shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to 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 shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Consultant agrees to work closely and cooperate fully with C designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project.

12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with C Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.

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

14. INSURANCE
of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture. 310
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on 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 specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

17. OWNERSHIP OF DOCUMENTS

17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. and password information to City upon prior written request.

17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from t
by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes.

17.3 All written documents shall be transmitted to City in formats 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, shall be kept confidential unless City expressly authorizes in writing the release of information. 311
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement
Documents provided under this Agreement.

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

Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business 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 final payment to Consultant under this Agreement.

21. WITHHOLDINGS
City may 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 constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to 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 that City earned on its investments during the time period, from the date of withholding of 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 result in expense to City greater than what would have resulted if there 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 in this Section is intended to limit City the law or any other sections of this Agreement.

23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project. 312
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24. CONFLICTS OF INTEREST

24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the Act ) and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, firstclass mail, addressed as hereinafter provided.

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

Attn: Revenue Manager
Administrative Services
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: Arnold M. Alvarez-Glasman
Alvarez-Glasman & Colvin
13181 Crossroads Pkwy N., Suite 400, West Tower
City of Industry, CA 91746

26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. 313
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Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. STANDARD PROVISIONS

28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and 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 full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein. 314
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

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

28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

28.11 No Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to fees.

28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY

Date:_________________
CONSULTANT: ALVAREZ-GLASMAN &
COLVIN, a California general partnership
By:_____________________________
Date:_____________________
By:_____________________________
Lena Shumway
City Clerk
Arnold M. Alvarez-Glasman
General Partner and Managing Partner
[END OF SIGNATURES]
Attachments: Exhibit A Scope of Services
Exhibit B Schedule of Billing Rates
Exhibit C Insurance Requirements
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CAPABILITY STATEMENT

CITY OF NEWPORT BEACH

HEARING OFFICER SERVICES
September 22, 2026
REPLY TO:

ARNOLD M. ALVAREZ-GLASMAN
13181 Crossroads Parkway North
Suite 400 – West Tower
City of Industry, CA 91746
tel 562.699.5500 | fax 562.692.2244
[email protected]
Southern California Office
WWW.AGCLAWFIRM.COM
318
1 INTRODUCTION
Alvarez-Glasman & Colvin (“AGC”) is pleased to submit the following capability statement to serve as an on-call, as-needed neutral, independent decision maker (“Hearing Officer”) presiding over administrative hearings related to municipal code enforcement and other matters as assigned by the City of Newport Beach (“City” or “Newport Beach”). For over forty (40) years, AGC has provided unparalleled legal counseling in the field of public agency law. Founded in 1985, AGC’s attorneys are experts in their fields, bringing a wealth of experience, talent, and skill to the cases and projects under their command. AGC proposes Arnold M. Alvarez-Glasman and Christy M.

Ward provide Hearing Officer services to the City of Newport Beach. This Capability Statement is offered to supplement AGCs previously submitted response dated March 31, 2026, to the City’s Request for Proposals No. 26-30 for Hearing Officer Services.

I. TYPES OF HEARINGS your firm has presided over as hearing officers (e.g., administrative citations, code enforcement, short-term lodging, land use/zoning, permit appeals, nuisance abatement, or other quasi-judicial matters)
AGC’s hearing-related experience includes administrative and quasi-judicial matters arising from municipal code enforcement, regulatory compliance, land use and zoning, public nuisance abatement, business and licensing regulation, and other local-government enforcement matters.

AGC attorneys have represented municipalities in administrative hearings and appeals involving code enforcement actions, including citations, fines, abatement matters, zoning and land use violations, building and housing standards, and related enforcement proceedings. AGC also has substantial experience advising agencies regarding the procedural and due process requirements applicable to administrative enforcement actions and defending those actions when challenged in court.

AGC also has substantial experience handling civil service appeals and other personnel-related administrative proceedings, including matters involving discipline, employment actions, procedural due process, evidentiary issues, and the review and defense of agency decisions that directly supports the firm’s ability to conduct fair, orderly, and legally sound administrative hearings.

AGC represents school district clients in contested matters before the California Office of Administrative Hearings, including proceedings involving student services, special education, disciplinary and educational placement issues, and other statutory and regulatory requirements.

This work involves developing and presenting evidentiary records, examining witnesses, addressing procedural and evidentiary issues, and navigating the due process requirements applicable to formal administrative adjudications.

The proposed Hearing Officers bring additional judicial and litigation experience directly relevant to the fair and orderly conduct of hearings. Arnold M. Alvarez-Glasman has more than 48 years of legal experience and has both prosecuted code enforcement matters and has served as a hearing officer over numerous code enforcement and abatement proceedings for multiple public agencies, including Cities of Pico Rivera, Montebello, Commerce, Vernon, Lynwood, and Norwalk. Mr.

Alvarez-Glasman has served as a Judge Pro Tem in the County of Los Angeles Municipal Court (now Superior Court), presiding over civil jury, court trials and traffic matters. His vast experience in procedural due process and evidentiary elements of code enforcement matters will provide the City of Newport Beach a unique perspective in resolving both complex and routine cases. 319
2 Christy M. Ward’s practice focuses on public agency law, civil litigation, business litigation, land use, regulatory matters, and related legal disputes. She has represented municipalities and public agencies in regulatory matters and complex litigation and has experience analyzing and presenting legal issues in both transactional and litigation settings. Types of hearings performed by Ms. Ward include:
• Led and managed code enforcement teams for the Cities of Commerce, Montebello, Pico Rivera, and Lynwood, overseeing matters from initial inspection and notice through citation, hearing, and prosecution.
• Attended appeal hearings in conditional use permit revocation proceedings involving commercial cannabis operators, gaining direct exposure to how contested quasi-judicial matters are presented and decided.
• Obtained multiple inspection and abatement warrants from the superior court and oversaw their successful execution.
• Conducted office conferences with property owners and responsible parties to resolve violations before formal enforcement.
• Prepared, filed, and prosecuted criminal complaints for municipal code violations. • Worked with city staff to design streamlined code enforcement processes covering notice, citation, and escalation.
• Regularly litigates petitions for writ of mandate (Code Civ. Proc. § 1094.5) challenging administrative decisions, with firsthand knowledge of what the record and written findings must contain to withstand judicial review.

Ms. Ward appears in superior court nearly every week in litigation matters. She has managed code enforcement programs in four cities, involving over 250 matters over seven years. In addition, Ms.

Ward has obtained over 100 inspection and abatement warrants and filed criminal complaints.

Ms. Ward has demonstrated exceptional litigation and administrative experience. She has been recognized as a “Rising Star” in the field of public agency litigation and also recognized by Los Angeles Magazine as one of “2026 Best of LA Legal.”
II. CLIENT AGENCIES for whom your firm has served in a hearing officer capacity, including the type of agency (city, county, special district, etc.) AGC currently serves in a hearing officer capacity for the following public agencies:

AGENCY TYPE OF AGENCY
City of Buena Park – City Attorney City
City of Chico – Special Counsel City
City of Commerce – City Attorney City
City of Compton – Special Counsel City
City of Lynwood – City Attorney City
City of Montebello – City Attorney City
City of Norwalk – City Attorney City
City of Montebello – City Attorney City
El Rancho Unified School District – General Counsel School District Hacienda La Puente School District – General Counsel School District AGC has served numerous other public agencies and special districts in various civil and administrative capacities. 320
3 III. VOLUME AND FREQUENCY of hearings conducted, to the extent you are able to share. AGC provides hearing-related and enforcement services on an ongoing, as-needed basis for its public agency clients. Because administrative hearings arise from individual enforcement and regulatory matters, the frequency varies by client and by enforcement program rather than following a fixed hearing calendar. AGC is accustomed to responding to matters on an as-needed basis and has the staffing and legal resources to accommodate recurring hearings. The firm is also capable of conducting hearings in person, remotely, or in a hybrid format.

IV. RELEVANT LEGAL EXPERIENCE of the attorney(s) who would serve as hearing officers, including years of experience in municipal law, public agency law, litigation, or administrative proceedings.

Arnold M. Alvarez-Glasman, Managing Partner, has more than 48 years of legal experience, including extensive experience in municipal and public agency law, administrative and regulatory matters, land use and zoning, code enforcement, litigation, writs and appeals, and public agency governance. He has served as City Attorney and general or special counsel to over 25 public agencies throughout his career.

Christy M. Ward, Partner, understands that the Hearing Officer’s role is strictly neutral. She would decide each matter on the evidence and the law, provide every party a full and fair hearing, and issue clear written decisions that give the City, appellants, and any reviewing court a reliable record. Ms. Ward brings a broad and diverse range of experience in administrative, judicial, quasijudicial, and hearing officer proceedings. Her experience encompasses the following:
• Nine years of experience in municipal and public agency law and civil litigation. • Litigation experience spanning code enforcement, land use, real estate, public contracts, civil rights and constitutional law, employment, personal injury, election law, and business disputes.
• Thorough grounding in the due process requirements of administrative proceedings:
adequate notice, a meaningful opportunity to be heard, an impartial decision-maker, and written findings supported by the evidence.
• Strong written advocacy and analytical skills, with work product regularly reviewed by trial and appellate courts.

It is the hope of our law firm that this Capability Statement presents clear and convincing information that demonstrates the capability and capacity of our members to provide exceptional services to the City of Newport Beach.

Dated: September 22, 2026 Respectfully submitted,

ALVAREZ-GLASMAN & COLVIN
By____________________________
Arnold M. Alvarez-Glasman
Managing Partner
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EXHIBIT C

INSURANCE REQUIREMENTS PROFESSIONAL SERVICES

1. Provision of Insurance
prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact Rating of A- (or higher) and Financial Size Category Class VII (or larger) in

3. Coverage Requirements.

Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California.

Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees.

B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements.

C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant 324
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arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements.

D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.

E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant excess/umbrella liability policies are exhausted.

Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements.

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants.

B. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City of Newport Beach, its City Council, boards and 325
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commissions, officers, agents, volunteers, employees shall be included as insureds under such policies.

C. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants.

D. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies.

E. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

F. Notice of Cancellation. All policies shall provide City with thirty (30) calendar required coverage.

G. Subcontractors. Consultant shall be responsible for causing subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an additional insured, providing primary and non-contributory coverage and waiver of subrogation Limits of liability for General Liability in an
amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate and Professional Liability (Errors & Omissions) in an amount not less than one million dollars ($1,000,000) per claim, two million dollars ($2,000,000) aggregate.

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

A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a endorsements as specified herein for each coverage. Insurance certificates commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by 326
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a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. . City reserves the right at any time
during the term of the Agreement to change the amounts and types of written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.

D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered to comply with these requirements unless approved by City.
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Alvarez-Glasman & Colvin Page C-5
G. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this til proper
sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.

H. Timely Notice of Claims. Consultant shall give City prompt and timely notice performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

I. . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
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NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 12
ABSTRACT:

The Newport Beach Public Library’s Project Adult Literacy (PAL) program is funded by the City of Newport Beach (City) General Fund, grants, donations and the fundraising efforts of the Library Foundation of Newport Beach. One of the major funding sources is through the California Library Literacy Services’ (CLLS) annual grant program. For the City Council’s consideration is a budget amendment to accept a grant from CLLS to support the PAL program.

DISCUSSION:

The Newport Beach Public Library’s PAL program has offered one-on-one tutoring and small group classes to patrons with low literacy skills for 40 years. These services currently support over 70 learners and are making a significant difference in the lives of the participants, both learners and volunteers. One of the goals of the program is to assist the participants in becoming more engaged citizens and active members in the community.

The grant funds will be used towards staffing to ensure that the high-quality program that the community has come to expect continues.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Melissa Hartson, Library Services Director - 949-717-3801, [email protected]
PREPARED BY: Rebecca Lightfoot, Library Services Manager - 949-717-3819, [email protected]
TITLE: Budget Amendment to Accept a Grant from California Library Literacy Services and Appropriate Funds to the Library’s Fiscal Year 2026-27 Operation Budget
329
Budget Amendment to Accept a Grant from California Library Literacy Services and Appropriate Funds to the Library’s Fiscal Year 2026-27 Operation Budget October 13, 2026

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The Fiscal Year 2026-27 City contribution to the literacy program is $108,637. Program expenses are augmented by the CLLS annual grant program and through private donations and other grants. The CLLS grant funds literacy programs on an annual basis based on an application submitted in August.

There are three parts to the funding formula:
 Each approved California literacy program receives a base grant amount of $25,000;
 A per capita amount per adult learner served; and
 Additional funding based on local funds raised and expended for adult literacy services.

As a result, PAL received a total award of $46,456. Ninety percent of the award, $41,810, is given upfront in September. The remaining 10% is eligible for distribution after PAL has completed mid-year reporting to CLLS and spent 75% of the total award.

FISCAL IMPACT:

The budget amendment appropriates $46,456 in additional revenue from CLLS and $46,456 in increased expenditure appropriations with no impact on fund balance. The revenue will be posted to the California Literacy Campaign account in the Library Services Department, 01060005-431070, and the purchases will be expensed to the following Library Services Literacy accounts:

Salaries P/T 01060604-711003 $41,690.75
Retirement Part-Time/Temp 01060604-723004 $ 4,160.74
Medicare 01060604-727016 $ 604.51
TOTAL $46,456.00
ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Budget Amendment
330
Attachment A
Budget Amendment
331
332

NEWPORT BEACH
City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
October 13, 2026
Agenda Item No. 13
ABSTRACT:

The Council Ad Hoc Appointments Committee recommends appointing Brinson Lingenfelter to fill an unscheduled vacancy on the Finance Committee. The appointment process is governed by City Council Policy A-2 (Boards, Commissions and Committees) and the Maddy Act. The term would begin immediately upon appointment and expire on June 30, 2028.

RECOMMENDATIONS
a) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378; and b) Appoint Brinson Lingenfelter to fill the unscheduled vacancy on the Finance Committee for a term beginning immediately upon appointment and expiring June 30, 2028.

DISCUSSION
The Council Ad Hoc Appointments Committee, consisting of Mayor Lauren Kleiman, Councilmember Sara J. Weber and Mayor Pro Tem Noah Blom, reviewed the applications on file in the City Clerk’s Office and conducted interviews. A total of 11 new applications were received. The subcommittee selected Brinson Lingenfelter as its nominee to fill the unscheduled vacancy. All applications are on file in the City Clerk’s Office, and the nominee’s application is attached to this report.

Finance Committee Appointment
On March 10, 2026, the City Council adopted Resolution No. 2026-18, amending the Finance Committee’s selection process and responsibilities. The Committee consists of TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lena Shumway, City Clerk - 949-644-3005,
[email protected]
PREPARED BY: Lena Shumway, City Clerk
TITLE: Appointment to the Finance Committee
333
Appointment to the Finance Committee
October 13, 2026

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Newport Beach City CouncilOctober 13, 2026

Newport Beach City Council
October 13, 2026