B - SAVE-24 Grant Agreement — San Leandro City Council, December 2, 2024

State of California – Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DIVISION OF BOATING AND WATERWAYS

GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE: City of San Leandro Marina
GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-24) GRANT AMOUNT: $30,000.00
GRANT NUMBER: C24SO610
GRANT TERM: _______________ through September 30, 2026
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 San Leandro Marina
Address: 14200 Chapman Road,
San Leandro, CA 94578
Authorized Signature:

Printed Name:

Title of Authorized
Representative:

Date:

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:

CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: City of San Leandro Marina
GRANT TITLE: FY 2024/25 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $30,000.00
GRANT NUMBER: C24SO610
END DATE: September 30, 2026

AGREEMENT NO
C24SO610

AMENDMENT NO SUPPLIER ID
0000011848

PROJECT NO
3790OTHER
AMOUNT

ENCUMBERED BY

THIS DOCUMENT
$30,000.00

FUND DESCRIPTION
Abandoned Watercraft Abatement Fund

AGENCY BILLING CODE NO
053709

REPORTING

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

CHAPTER
22 STATUTE
2024

FISCAL YEAR
2024/25

BUSINESS UNIT
3790

PROGRAM
2855023

ACTIVITY CODE
69995

ACCOUNT
5432000

ALT ACCOUNT
5432000000
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 2024/25

EXHIBIT A - PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of San Leandro Marina State Agency:

Division of Boating and Waterways
Grantee (Agency Name):

City of San Leandro Marina
Name: Gina Disney Grantee Representative*: Tonya Richardson Title: Grants Program Manager Title: Administrative Analyst Address:
4940 Lang Ave., Dock H, Administration, Floor 12
McClellan, CA 95652
Mailing Address:
14200 Chapman Road,
San Leandro, CA 94578
Remit to Address:

Phone: (916) 902-8821 Phone: (510) 577-3452
Fax: Fax:

Email: [email protected] Email: [email protected] Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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

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-DAY RETURN OF GRANT DOCUMENTS TO DBW 18
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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31. ANTI-CORRUPTION 18
EXHIBIT C GENERAL TERMS AND CONDITIONS 19
EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23
EXHIBIT E DARFUR CONTRACTING ACT 27
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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. Should the Grantee or representative be unable to attend the meeting and cannot provide a substitute from the agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. DBW must grant approval in writing in order for the Grantee not to be in breach of this Agreement for failure to attend.

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 handling 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. 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 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.

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, Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 which grantee will seek reimbursement must be in writing and shall be executed (signed) prior to commencement of any and all work completed. Grantee shall provide DBW copies of all executed agreements with service providers who are performing work funded by this SAVE grant. Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C24SXXXX) must appear on the certificate of insurance.

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). Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C24SXXXX) 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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 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 APPLYING TO ALL POLICIES
(1) Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the DBW at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the grant.
(2) Policy cancellation or termination & notice of non-renewal 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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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this Agreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
(4) Primary clause
Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. (5) 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.
(6) 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
Inadequate or lack of insurance does not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include 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 utilization of subcontractors to complete the Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 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 shall 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.

Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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.
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.
e. Upon termination of this agreement, Grantee shall promptly return all advanced funds. At DBW’s sole discretion, DBW may offer an opportunity to cure any breach prior to terminating for default.

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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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verification of in-kind contribution is required with reimbursement request(s). 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
(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 responsibility 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) DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, 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, DMV fees, and advertising costs
(h) Public notice advertising
(i) Vessel appraisal
(j) Salvage and demolition
(2) DBW will reimburse the following contract-negotiated rate expenditures Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
(a) Vessel and/or hazardous material removal and disposal (b) One tow to destruction site
(c) Demolition
(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. 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 in blue ink and submit with the following documents 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 (GPS if possible)
(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 available 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. (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:

Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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DBW Vessel Release of Interest and Ownership form: to be completed entirely 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, DMV registration form, or a DMV issued junk slip. Power of Attorney or DMV issued marina lien documents showing the marina has legal interest are also acceptable. Keep the originals and provide DBW with copies.

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. c. 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]
d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shall result in forfeiture of all funds advanced and provided under this agreement.
e. Reimbursement requests must be submitted at least quarterly, but not more frequently than monthly.
f. All final requests for payment must be submitted to DBW no later than 45 days after the expiration date of the agreement. DBW is not obligated to make any payment on any reimbursement request(s) received or for any services completed after this date.

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 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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within six (6) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW’s discretion.

The Funds Assist process works as follows:
a. DBW will contact Grantees six (6) months prior to the conclusion of the grant term to request a status of grant funds being fully spent. Upon receipt of this request, the Grantee shall respond and confirm one of the following: (a) all funds will be fully utilized, (b) all funds will not be fully utilized, or (c) all funds have been fully utilized and additional funding could be used. If applicable, the Grantee’s response must include an estimate of funding that will be unspent at the end of the grant term or the additional amount of funding that could be spent if available. Based on Grantee responses, DBW will prepare the necessary grant amendments and reallocate funds as appropriate. The Grantee shall execute any such amendments within the timeframe specified by DBW.
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
SAVE 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.

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 required, 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 form 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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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.

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 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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).)
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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EXHIBIT D

GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENALTY 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)
City of San Leandro Marina
Federal ID Number
94-6000421
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
Alameda

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 following 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 company'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.) Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 bono 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).

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) Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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.

Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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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 10475.

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.

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 PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; 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.

Company/Vendor Name (Printed)
City of San Leandro Marina
Federal ID Number
94-6000421
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 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed)
City of San Leandro Marina
Federal ID Number
94-6000421
By (Authorized Signature) Date
Printed Name and Title of Person Signing
,
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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General
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ 1 Applicant Information
a. Applicant Name City of San Leandro
b. Organizational Unit
c. Address 14200 Chapman Road
d. Address 2
e. City San Leandro State CA Zip 94578
f. Federal ID Number 94-6000421 Unique Entity Id. 400000410501 g. Agency Type
City County
Federally or State Recognized Native American Tribe District Goals and Objectives
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 2024/2025
b. Is implementing agency same as Applicant Yes No
c. Implementing Agency Name
d. Project Start Date Oct-01-2024 End Date Sep-30-2026
e. Amount of Funds Requested $30,000.00 Project Cost $33,000.00

3. Billing Address
If billing address is different than Applicant and/or Contact, please provide a. Billing Agency Name: City of San Leandro
Address: 14200 Chapman Rd
City: San Leandro State: California Zip: 94578
Phone: (510) 577-3440
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
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3 Contacts
a. Project Administrator
Name Tonya Richardson
Title Administrative Analyst
Mailing Address 835 E. 14th Street
City San Leandro State CA Zip 94577
Telephone (510) 577-3452 Fax
E-mail Address [email protected]
b. Authorized Representative
Name Nick Thom
Title
Mailing Address 14200 Chapman Road
City San Leandro State CA Zip 94578
Telephone (510) 577-3490 Fax
E-mail Address [email protected]
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 29 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Minimum Qualifications

1. Does your agency have an enforcement program to address abandoned boats? Yes No If Yes, describe The City monitors the shoreline and follows the Harbors and Navigation Code with respect to marine debris and abandoned vessels.

2. 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.
41293_0_15_Abandone
d Vessels.pdf

3. Has your agency been out of compliance with the terms of any other Department of Parks and Recreation contract or grant agreements within the past 3 years? Yes No
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 30 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. California State Senate Districts
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).

State Senate 09

2. 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).

State Assembly 20

3. 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).

Congressional District 12

4. County
Select one or more of the California Counties where the proposed project activities will occur.

Alameda
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 31 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

3. Jurisdictional Control
List all waterbodies that are in your jurisdictional control and fill in the chart for each - What are your Primary Responsibilities in your AOR - Objective 4: Existence of an Active Enforcement Program Waterbody
Name
Acres or
square
miles of
this
waterbod
y in your
jurisdicti
on
What are the
corporate limits
of your agency's
jurisdictional
control in each
waterbody?
List all other
agencies who
share
jurisdictional
control of this
waterbody.

Identify
which
agency has
lead
jurisdiction
for
removing
abandoned
vessels and
accepting
surrendere
d vessels in
this
waterbody.

How often
does your
agency
monitor this
area?
Identify
your
primary
responsibili
ties in this
waterbody
San
Francisco
Bay - East
Bay
1,450
acres
1,450 acres US Coast Guard City of San
Leandro
Daily Identify and
remove
abandoned
vessels.

4. Staff Dedicated to Abandoned and Surrendered Vessel Activities Staff dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active enforcement program
List the names and titles of staff assigned in their job duties to the removal of abandoned vessels and receipt of
surrendered vessels.

Total
number of
hours per
week
dedicated
to removal
of
abandoned
vessels
Total
number of
hours per
week
dedicated
to receipt
of
surrendere
d vessels
Total hours
per week
Nick Thom, Assistant Public Works Director 3.00 1.00 4.00 Objective 1: Prevention

5. Does your agency accept surrendered vessels? Yes No

6. How does your agency advertise this program component? Publicity Efforts:

Advertised on your website
Agency newsletters
PSAs, billboards
Social media
Distributing brochures
Other
[Staff in person contact with boaters.]
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 32 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Number of brochures distributed per year at:
# of Brochures List names of Events
0 Events are no longer held. Marina in closed.
# of Brochures List names of Marinas
0 Marina is closed since January 2023
# of Brochures List names of Other Activities
0 Staff contact with boaters during routine patrols

7. Did your agency have a plan to increase the number of surrendered vessels accepted over the last calendar year? If so, what was the plan and what were the results? Additionally, what plans does your agency have to increase the number of surrendered vessels you accept this year? The City does not expect an increase in the number of vessels surrendered annually. The closure of the San Leandro Marina means boat activity is decreasing and thus the opportunity for surrendered vessels is decreasing.

8. How often does your agency coordinate with local boating groups or marinas to inform them of the surrendered vessel program? Describe activities and identify groups/marinas contacted in the last calendar year. (Answer only if you selected ‘Yes’ to Q 5.)
The last yacht club in San Leandro has closed, but San Leandro is still listed as a participant in the Vessel Turn-In Program. A link to the program is provided on the City's website.

9. Does your agency accept surrendered vessels from boaters outside its jurisdiction?
Yes No
If so, how many surrendered vessels have you received in the last calendar year?
0 If not, identify why?

10. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply.

Routine patrol of jurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness (listing, occupancy, trash, bilge running, operable lights) Abandoned vessel mapping and tracking
Multi-agency coordination
Utilize NASA data

11. Describe additional methodologies, if any,
(besides participation in SAVE) your agency
uses to prevent abandoned vessels within
its jurisdiction?
Section 4-19-120 of the City's Municipal Code and Rules and Regulations #18 prohibit offshore mooring at the Marina and Shoreline. Through routine patrols of the area, the City monitors and informs boaters of the regulations to help prevent anyone from abandoning their vessel in the City's jurisdiction.

Objective 2: Control
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 33 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

12. Describe methodologies, if any, your agency
has implemented to control and prevent
abandoned vessels from entering its
jurisdiction from other areas.

Since the public still has access to the launch ramp area, it is difficult to prevent vessels from being abandoned. The police department routinely patrols after hours and City staff is regularly in the area, but this hasn't stopped boats from being abandoned at the public launch ramp.

13. Does your agency collaborate with neighboring SAVE grantees that manage abandoned and surrendered vessels?
Yes No
If yes, list agencies and describe collaboration.

In the past, the City has collaborated with both the Sacramento County Sheriff's Department and the San Mateo County Harbor District to manage abandoned boats. The City funded removal and disposal of vessels abandoned in these agencies' jurisdiction with a SAVE grant awarded to the San Leandro Marina. The City is still open to such collaborations.

14. Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels in your jurisdiction? Explain circumstances/conditions.

Staff is unaware of any special circumstances or conditions that could potentially contribute to the desertion of vessels at the San Leandro Marina.

Objective 5: SNHAP
Per HNC 525, when evaluating an application DBW shall give greater weight to applicants who have an existing SNHAP.

15. Does your agency have a Submerged Navigational Hazard Abatement Plan (SNHAP)?
Yes No
If Yes, attach copy.

16. Summarize the detailed process in your
SNHAP for the abatement of non-vessel
related navigational hazards and commercial
vessels.

17. Identify the SNHAP’s funding source for the control/abatement of non-vessel related water hazards, hazardous floating debris (such as logs), submerged objects and abandoned piers and pilings Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 34 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Objective 3: Cost Effectiveness
Has your agency been involved in abatement activities during the past 3 calendar years?
Yes No
If yes, provide the average cost to remove and destroy vessels in the chart below:

ABANDONED VESSELS AVERAGE
COST

18. Vessels Less Than 30' 23,800.00 LAST CALENDAR YEAR
18a. Vessels Less Than 30' 6,088.00 LAST 3 CALENDAR YEARS

19. Vessels Greater Than 31' 40,233.00 LAST CALENDAR YEAR 19a. Vessels Greater Than 31' 17,755.00 LAST 3 CALENDAR YEARS

SURRENDERED VESSELS

20. Vessels Less Than 30' 23,800.00 LAST CALENDAR YEAR
20a. Vessels Less Than 30' 6,088.00 LAST 3 CALENDAR YEARS

21. Vessels Greater Than 31' 40,233.00 LAST CALENDAR YEAR 21a. Vessels Greater Than 31' 17,755.00 LAST 3 CALENDAR YEARS Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 35 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

22. Identify the last three CLOSED SAVE grants awarded and the percentage of unspent funding that was left in each grant.

ONLY LIST CLOSED GRANTS
Closed SAVE grants
year awarded
Amount
Awarded
Percentage
of funding
left over
2022 170,000.00 0
2021 170,000.00 0

23. Identify the number of personnel currently working in the program with more than two years' experience managing the SAVE program.
0 24. What process/method/practice have you
implemented in the last 24 months to reduce
the grant program's cost of removing and
destroying abandoned or surrendered
vessels?
Over the last two years, the City has implemented a process where, when feasible, a boat is transported to the local landfill instead of hiring a contractor to abate the vessel.

25. Does your agency have additional funding sources (other than SAVE) for removal and disposal of abandoned vessels in the event you run out of grant funding or are not awarded the full grant request?
Yes No
If yes, list

26. Does your or a partner agency have vessel storage capabilities that can be used by your agency at no cost to SAVE?
Yes No

27. Does your agency have access/ability to dispose of vessels at a local or neighboring landfill?
Yes No

28. What is the number of abandoned vessels in your jurisdiction that will be ready for disposal during this grant period, if awarded?
2 How were these vessels identified? The vessels are sunk/beached and visible from shore.

29. What is the number of surrendered vessels in your jurisdiction that will be ready for disposal during this grant period, if awarded?
0 How were these vessels identified? The City currently has no surrendered vessels.

30. Did you collaborate with marinas in your jurisdiction to identify the number of potential surrendered vessels listed in your budget?
Yes No
If yes, list marinas.

Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 36 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Budget
List Identified Abandoned Vessels (CF #s)
VESSEL
LENGTH

ESTIMATED
COST
CF6796SL 31 13,000.00
CF4248HA 36 13,000.00
Total 26,000
List Identified Surrendered Vessels (CF #s)
VESSEL
LENGTH

ESTIMATED
COST
Total
Estimate Future Abandoned Vessels
Total number
of vessels

APPROXIMAT

E VESSEL
LENGTH

ESTIMATED
COST
Total
Justification:

Estimate Future Surrendered Vessels
Total number
of vessels

APPROXIMAT

E VESSEL
LENGTH

ESTIMATED
COST
947958 / CF6114GC 2 35 / 31 26,000.00
CF9901CY / CF0026KK 2 34 /32 26,000.00
Total 4 52,000.00
Justification: Occupants seem unable to sail away.

TOTAL GRANT 78,000
REQUEST PLUS 10% 7,800
AGENCY MATCH 7,800
TOTAL PROJECT COST 85,800
Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 37 of 38
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Applicant Certification
Per Harbors and Navigation Code 525 (C) “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.” Matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW.

These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage.

Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met. a. Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b. I certify that I am the person authorized to submit this application on behalf of the applicant.

Prepared by: Name: Tonya Richardson Date: 04/30/2024
Reviewed by: Name: Tonya Richardson Date: 04/30/2024
Approving Officer: Name: Tonya Richardson Date: 04/30/2024 Date: 09/06/2024 Contract # C24SO610, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2024/2025
__________________________________________________________________________ Page: 38 of 38

San Leandro City CouncilDecember 2, 2024

San Leandro City Council
December 2, 2024