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RICHARDSON BAY REGIONAL AGENCY RESOLUTION NUMBER 21-22 OF THE RICHARDSON BAY REGIONAL AGENCY APPROVING THE ACSEPTANCE OF GRANT CONTRACT #2280608 FROM THE. CALIFORNIA STATE DEPARTMENT OF PARKS AND RECREATION, DIVISION OP BOATING AND WATERWAYS, FOR THE AMOUNT OF $233,300 TO BE USED FOR THE ‘SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM, WHEREAS, the Surenderal and Abandoned Vessel Exchange program (SAVE) has been an integral part ofthe efforts ofthe Richardson Bay Regional Ageney (RBRA) to reduce the number ‘of abandoned boats on Richardson Bay sine its inception; and WHEREAS, the State Division of Boating and Waterways has accepted RBRA’s application for $233,300, available for use in this program, requiring a 10% matching contribution from the RBRA; and WHEREAS, these funds will be available with « term from the date fully executed through September 30, 2024, NOW, THEREFORE, BE IT RESOLVED, thatthe Richardson Bay Regional Ageney by adoption ofthis resolution hereby accepts Grant Contract! C22S0608 in the amount of $233,300 from the State Division of Boating an Waterways and authorizes the RBRA Harhormaster James Maleolm orhis designee to execute the agreement. Te foregoing resolution Was passed and adopted this 13th of October 2022, by the following vote of the Board of Richardson Ray Regional Agency, to wit AYES: Lynch, Ryan, Wiekham NOES: ABSENT: Moulton-Peters ABSTAIN: CERTIFICATION: Stephanie Moulton-Peters - Board Chair Karen Prows ~ Board Clerk Reso 21-22 accepting SAVE grant C22S0608 Final dt Rept 2022.40.81 Koen Pow oman.) Syed "Reso 21-22 accepting SAVE grant C22S0608" History © Document created by Kaen Frows(kpows@rea.cago¥) Document emailed to smoultenpetars@marncounty.og fr signature ‘B_Emal vowed by smoutonpetes@bmavinoouny or Signer smoultonpetrs@2marincouny.org ented name at sigring as Stephanio Mouton-Poters Document esgned by Stephanie Mauitn-Peters(emoitonpeters@marincouny.os) Document emailed to Kaen Frows aprous@ras.ca.goy) for slgnatire ‘21 mal vowed by Karen Prows kprows@ergs.ca.goy) Document eigned by Karen Prows hprowse@ras.a gov) Spot te: 20221031 -52848 MGMT Tine Sas: ae © Agroomont completed ‘Stoo of Calf Natural Resources Agency [DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS. (GRANT AGREEMENT - CERTIFICATE OF FUNDING GRANTEE: Fichardsons Bay Regional Agency GRANTTILE: __ SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-22) GRANT AMOUNT: $233,300.00 GRANT NUMBER: C72S0608 GRANT TERM: trough September 90,2024 ‘Tho Granloe agrees to the forms and conditions ofthis agreement, hereinafter refered to a8 ‘Agrooment, and he Stato of Cafe, acting through ts Director of he Deparment of Parks and Recreation, and pursuant to the Stale of Calfornia agros to fund the ttl Stat grant amount Indestd boow and in Exit F whic sa part of tha agreement consisting of Exit A Project Reposonatos,Exhbit 8 "Grant Terms and Condtons, Exhibit C “General Teas nd Corin Exhibit “Grantee Certification Clauses", Exhibit E “Darfur Contracting Act, Exhibit F "Appllcatio/Scope of Work” [Grantee Richardson Bay Regional Agoney | Agoncy: Deparment of Parks and Recreation Divisione Boating and Waterways JATTIE Ron Kent Adress: 2601 Civic Cetor Or, Room 208 |Addross: 4940 Lang Ave, Dock, ‘San Rafsel,C& 94008 ‘ariitation, Flor 12 MeCiolan, CA 95652 mace sgnane) — Wa A} Pees ane: Tike Mca iar, me cramer ge Gouaras reve Rese Auten Signature: Printed Name: Keron Oa ie ‘Sta Services Manage I Date te CERTIFCATE OF FUNDING (FoR STATE USE ONLY) “GRANTEE: Fichrdso's Bay Regional Agency GGRANTTITLE: FY 202228 Surenred an Abandoned Vossel Exchange (SAVE) GRANTAMOUNT: 525530000 GRANT NUMBER: —c22s0008 END DATE: Septamter 30,2028 [encntenco ay |Srndned aa Andes vonatexnane sive zn loses STATE OF CALIFORNIA Deparinat of Pak and Recreation, Divsion of Beating and Watorways P.O, Box 42096, Floor 12 ‘Sacramento CA 296 ‘SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE) FISCAL YEAR 2022723 [EXHIBIT A- PROJECT REPRESENTATIVES ‘ha services sal be performed tha json of chansons ay Regional Agency state Agency [rants (agency Name): ivaon of Boating and Wtaays icardsos Bay Regional Agency Name Ron Kent crantoe Representa" Malai [rie: Program namie eo: Chio Execute Oncor [across ating Accrcs: [4040 Lang ve, DockH, Adminstration, Fer 2 [8501 Ck Centar, Room 308 Mecietn, cA 95652 [Sen Rafe ca 94803 emo Acres: Prone: (16) 208.082 [Phone (16) 971-2078 Fax Fax Erni on konpa. 90 [mai jmalcineamaincounty o * Grantee rprsontatio infomation may ony be changed by ghing 30 day writen notice» OBW. eo ees ae Ponsa EXHIBIT GRANT TERNS AND CONDITIONS 2, PURPOSE CF THE PROGRAM RIGHT OF INSPECTION TIMELINES TITLES ANDLIENS GRANTEE CATIONS - ABANDONED VESSELS MEDIA MEDIA MATERIALS RELEASE PERMITS AID DOCUMENTATION ‘SECURING OF BIDS ‘CONTRACTS WITH SERVICE PROVIDERS ‘SUBCONTRACTORS. “TRAFFIC CONTROL AND TRAFFIC SAFETY [AIR OR WATER POLLUTION VIOLATION ENTIRE AGREEMENT [APPROVAL OF AGREEMENT AND AMENDMENTS DISABLED VETERAN BUSINESS ENTERPRISE (OVBE) PARTICIPATION REQUIREMENT AUTHORITY TO CONTRACT ‘COMPLIANCE WITH LAW AND REGULATIONS INDEPENDENT CONTRACTOR INSURANCE REQUIRENENTS. ASSIGNMENT MATCHING 10% REQUIREMENT [BUDGET DETAIL AND PAYMENT PROVISIONS [BUDGET CONTINGENCY CLAUSE INOEUNIFICATION FUNDS ASSIST FUNDS ASSIST INDEMNIFICATION PAGE 0 0 40 40 13 1“ 16 16 1” Paw aoree 31. S0.DAY RETURN OF GRANT DOCUMENTS TO DEW 8 82, ANTECORRUPTION 8 EXHIBIT GENERAL TERMS AND CONDITIONS. 0 EXHIITD GRANTEE CERTIFICATION CLAUSES. 23 EXHIITE DARFUR CONTRACTING ACT a [EXHIBIT B -GRANT TERMS AND CONDITIONS [SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM 4. PURPOSE oF THE PROGRAM | Pursuant tol utorty under Harbors and Navigation Code (HNC) secon 5251), the vision of Boating and Waterways (DBM) wishos to contact wt Granta forthe remoral and diapolof (1) Abandoned property ws deserbed in HNC 522 (beiow) witha Grantoo's Jusieton as lito in Exit HN Seetion 522: "Any hulk, drole, rock or pars of ny shi, ves rather waterraf sunk, Bached,e allowed to rman nan vse 1 dlapidated condton ypon pubty owed suomerge lands, salt marsh, fo olan win th corporat mts of any munciplcomeraton or ether bi corporation o nity having jriaiction or canto over those lands, without is consent expressed by resolution of lelstatve body, fr & period longer than 30 days without a watchman or eer person beng taints upon or near and in charge ofthe property, sbandonad prope (2) surrendered vessels as dood in HNC 528.4 HN Section 5264: surndored oss’ means a recrenonl vosol hat tho verified tide has vlingly surendared te ailing public agency onder both of te lowing conditions (a) The pubic agency hs delemined nts soe araten that he ‘ost in danger of being abadaned, an teefore has a kslnood of eausng environmental degradation or becoming @ azar to navigation (©) Thedediion to accop vassals bared sooy on ho potenti of the vesol to thay be abandoned and cause envronmenial gradation orbocome a hazard to navigation” (3) Wrocked or dsmanted vessels, or pats thereof, or any other pata submerged objact that pose @ substantial hazard to navigation, trom avgable watnways or adjacent pubic propery, or rivate property wih the landowners consant b, Tha funds provided under thi Agrooment shall not be ullized for aurender, samen, move storage, or dsporal of commercial vessels. Commer vessas rede those vassals for whic tho mst rocant registration or documonaton wa ‘commercial eventhough that registaten or documentation may have lapsed 1. Grantee i reimbursed for ho cost lad othe surrender, abstement, removal storage, andor posal ofan ole war nazar by he rgitred algal owner or ‘ether parson or anity known to have an iniorest inthe water azar, ten the weer hazard shal no longer be eligible for funding under tis grwement. Grantee shal roi DBW in wing of uch reimbursement and shall etrn a finds disbursed by ‘DW to Grantee with respec to such water hazard immed. (6 esis tnt in Exhibit F Applcation/Scope of Work are considered solely dlrmnstaon ofthe agency's nse fr funding, nat an appro tat the india vst are bie for SAVE fnng 2, RIGHT OF INSPECTION rare sallow DBW and otha stata agency representatives, at ny reasonable tno, Inspect any ste where Grantoe or ts suseontrators are performing work under thi Agreement 3. ANNUAL MEETING ‘rante's representative or aternte shal protein an annual grant management and regional eorinaon one-day vio or pone conference conductod by DBW during te tem this agreoment. Should ho Gants or representative be unl o attend he moog and ‘cannot provide a substute fam the sgency, the Grane must forward leer to DEW staing the rsson why they cannot attend. OBW must grant approval in wrtng in order for the Grantee otto be ia beaen ofthe Agroment ofa to atlend Crantoe agro comple the seape of werk submited ns applleaton ntl tasion 4 TNELINES ‘Granioe age o complot the scape of wok subitestn is appleaton na nay fshion 5. HAZARDOUS MATERIALS Grantee shal be responsible for securing ay necossary or prodent studs, permis, authorizations associated with rontmont, removal, storage, or any other handing of hazardous sibstancesincdng, but not ind, tne we, petleum was, asbestos, and sila substances, prior tothe removal of any vassl and water hazard pursuant tone Agreement (range chat be rosponsite forthe proper and lawful handing, abtement, removal, ‘orage, andr disposal of any hazardous substances encountered inthe execton of hit & TITLES ANDUENS, Abandoned vessels: Grantse shall comply with al relevant provisions ofthe Harbors and Navigation Code regaraing notice, hearings and liens inthe perfomance of his Agreement. Grantee (x conjunction wth al nw enorme) shall conduct ate search for al vossesprosumod tobe abandenod a provided by arbre ns Novigaton Code sation 625, b, _Surrendored vessels: Granta shal comply wth a relevant provisions of Harbors and havgatio Code cocton 526.1 n the prfrmanes of his Arooment,roqung| that asurrondred vessel be that ofthe "erfed tahoe © Grane shall comply hall Deparment of Motor Vehiciesnoiiation equemants reste! he ssposal of vssole snd ale 7. GRANTEE CITATIONS - ABANDONED VESSELS Grantoe shal in accordanco wih HNC 525(2-0), Istue the last egistred vessel amor 8 ‘ation for atandoning a vessel an impose afne of rot less than $1,000 nor more than 3,00 for vation af this section 8 MEDIA ‘Grantes apreos to acknowledge DBW' fnancll support whenover work funded by his ‘Aaroomontspubtezed in any news madi, bochwes, ae ype of prometionl materi 0. MEDIA MATERIALS RELEASE “Granta agioes to frevocably grant Galflomia State Paks, Dislon of Boating and Wislerwaye = employees, ofeors, agents, and asigns (areata reared to 3 BW"), tne non-exclusive, ovate, perpetel and woréwide right and permission to use, ‘epredce,publeh, copy, dstbut, ator, licens, adapt, and splay the photograph, ‘aon pictues, caption ivematon, andor witlon quotes (heroinatr refered fo calecvaly ‘3s "Photognphe), thatthe Grantae has submitted to OBW fora, eitra, advertising, Imarkting, rade, broadcast, pun, educational programe, or any ater Inwfl purpose ‘whatsoever, in ary and all med. In eonngction wih the forogoing liconso, tho Grantee agrees nt t use, reprodce, adap oF dla the Photographs, o allow others todo 0, n ‘8 manner tht ends to subject BW ors Abandoned WatoreatAbstomant Fund Grants (AVA), Vessel Turn In Program (VTIP) andlor Surrndered and Abandoned Vessel Exenenge (SAVE) programa roo, lparagomont, mockery, sto, oH eu tis the nage othe OBW's AWA, VIP, andor SAVE programs. Grantee etsy releases and Aischorges DBW tem any and al ums and demands arising out for in connection with the use ofthe Photographs, including without limitations, any and all clams for Hel, ‘ofemation invasion of prises, andlor pubty ght. OBW assumos no rosponsbily fr oat or damaged Photographs or forthe use of sam. BW may sell, asslgn icons, oF wane al ght grantod tot horoundr, Grantee also grants DEW and ts icontoes the unrest right to use and dceso its ar in carncto vith uss of the Photographs, The Grant undestans hat wa nt be aid for anyuse a ight granted her ‘Granfow understands and sprees that he Photographs may be use in whole a in pat, ‘any timo, Tre eonse granted neon to BBW inclides the ght and parison to cond havo conduted euch alterations to th Photographs as DBW deoms necessary. Grantee releases and aecherges OBW and agree to indemly and held OBW harnioss em any aby by vue of ny lung, dsorton, aeration epi sion or se in compost fom, lows or damage, whether intentional or otherwise, that may occur lo the uso ofthe Photograpte, Grantes waives any right to inspector approve any fished product, ‘nvetsing or otbar copy tat may be ueedinconnacton there athe ue lo which may bo appt Crantoe dears and aves thatthe Phtopraphs tis submiting to O8W aris own orginal wor in all egpects, Granta the Se and exclusive own ofthe Photographs: thay are fre, clear, and unencimbered. No prt of them is taken fom or based on anyother werk ro par inirngos the copyright or any ler sight of any person; andthe reproduction, ulllten, seni, er any othar use by DBW of he Photograph nay orm whatovor wil rot anyway, deco Indirect, ininge onthe ahs of any person, Grantee apres to Inderonity end hold OBW harmless fom and apsint any and al loss, damage, costs, charges, loz fees, ecoveres, judgments, amounts pa in settoment,ponaies, and ‘rponses at may be obinad agains, Ingoaed on, or suffered by DBW by rasan of (1), {any voiaton or iningemant of any propitary right ar copyright; (2) any Hiblous or nau meter contained in the Photograps. Grange alse agrees to Indary an hold DDBW namnts for any such amounts sing rom is reach of any covenant, presentation, ‘or waranty 3s apreoment. PERMITS AND DOCUMENTATION Prot the removal of any abandoned vessel water hazard, or suronderedvecsl ons oa ey ge A ee ape tat 1 16. 1. (rani shall obtain al necessary permis, mtharizaons, and documentation nscsstated by any appliate provision a aw ‘SECURING OF BIDS Crantoe shal comply with any applicable avs and regulation governing the competitive bing process whon awarding subcontracts under hs Ageement. Grane, upon equos, ‘must make avalsle to DBW procurement dacuments such as requests for proposal Invitations fe bid and independant cost estimates ‘CONTRACTS WITH SERVICE PROVIDERS [Al contactlexecuted agreements with service providers for which grentoe wil sek roimbursemex must be wring and eal be exscied (signe) pret eanmencement ny ang all wrk completed. Grants wl provide o DAW copie ofa exceuted agreements with sonico providers who ar paforning woe tunded by this SAVE gran, Grant shall provide OBW with acoso of Insurance rom any contac) an evbeonractrts) prot to the commancemant of any work unde hi Agreement. Grant rent number (©2810) must appeer nthe cereale of insurance, ‘SUBCONTRACTORS Cranteesgress that it shall guarantee and sal be eeponaafr ensuring hat ny and al ots contradors and subcontractors hold val business leenge and eaty general ‘commercial ably insurance coverage eufcen o fuly Insure aginst any anal ks of hazardous axvtes associated win he work tobe perlrmed undo this Agrment; and Granta ages hat any of Grae’ eoacors or subcontractors fio falar of hese roqueemonts, tat Grantee Hel cares general commer kai insurance coverage scent fal insure against any and al risks of hazardous actives ascodatoa wih he work tobe perma undo this Aareeman, whether parormed bythe Granlae, Grant's xratrs oF Granoe's subcontract). Grane sta provae Lsw wth a caret incurens fram any ontactore) and subcontracts) ror othe commencaront of any ‘ork under iis Agreement. Grantee's agreement number (C2283000X) must appar on the ‘antes ofnaurane, ‘TRAFFIC CONTROL AND TRAFFIC SAFETY ‘antoe ot provide or adequate tafe ona and seely massuces at any sie where Grantoe adits suvcontractors wil perform any work under this Agreement ‘AIR.OR WATER POLLUTION VIOLATION ranioo warrants thats net (1) nwlaton ony dar or vescution nt subject to revow promulgated 2y the Stata Ar Resources Boat or an ar pokiion conta disc) subject to any cease and desist odor not subject to rvaw esd pursuant to Water Code sation 18801 for voatlon of waste charge requirements or charge prohibitions or (3) fly «eterined to be in vation of provisions of foderal law lating to ar water pation. ENTIRE AGREEMENT “his Agreemant consists ofthe forms of this Agreement and all ttachments, which a xpresely incrporated nein. No amendment or variation ofthe terms of this Agroomont shal bo valid unless made in wring, signed by the partes and approved a required. APPROVAL OF AGREEMENT AND AMENDMENTS, “This Agoemint and any variation thereto ef no fre oefet ul signed by bth parios ‘and approve by the Depariment of General Services, required. Commencement of 48. 40. 2. a. 2 ovonrance prior to apeova of this Agreement wil bea the Grantees own sk DISABLED VETERAN BUSINESS ENTERPRISE (OVE) PARTICIPATION REQUIREMENT ‘Tore arom Disabled Vetoren Buslnoss Enterprise participation requirements with his AUTHORITY TO CONTRACT ‘Granton must provide DBW with evidence ofits autherty to enor into thie Agreement. Grantoe ma provide delegation of cotacting autor rom ts local governing boy that by aw has authority to contact. Aterately, Grantee shel prove DEW vith a resoion, ‘order, motion, or rnance ofits eal governing body that by law has authoty fo contact ‘uoraingsxecuton otis Agreement. (COMPLIANCE WITH LAW AND REGULATIONS CGrantae ants subconratrs) sal comply wt al aplcaie laws an ragulations ofthe State of Calfomia fo all work to bo performed undo this Agreement. By sighing this ‘arooment, Grantee centes ts compliance snd he compliance of al subcontractors wih (a) appleabe proviins of the Celfomia Environmental Quality Act (>) Nondisciminton Program reiemonts of Government Code socton 12000 (and Tilo 2, Calforia Code of Regulate, section 0105 (and section 8113 a contracts oor 86,00) along wth ston 206 sea ofthe Far Empoyment ond Housing Act) OrupFree Wlrkplac rquromnt ‘of Government Code secon 8350 09; (4) National Labor Relations Board Ceciestion of Puble Gntsct Code ston 10296; (0) Workers Comnstion requerent of Labor Code seston 706; and () Ameneane wih Dsabities Act equations issued purauet a 42 U.S.C. secton 121C1 et ng, INDEPENDENT CONTRACTOR ‘or employees of DBW or agents the Sat of Catforia, INSURANCE REQUIREMENTS fan or depose of wessos under his Agrosmant ie 2 cards aly Grants teste must maintain commercial general abi insurance a fan amount and of «type aceapabl fo DEW and to the Deparment of Genoral Series! Office of Rik and Insurance Management (ORIN), 4. GENERAL PROVISIONS APPLYING TO ALL POLICIES (1) Coverage Tem, ‘Coverage noods to bon force forthe completo tor ofthe Agreement. I Insurance expices during te erm of th grant, a now coifeate must be ‘received by ths DAW a ast ton (10) day prt the expiration of is insurance, Ay new inauranca must st comply wth te orginal ems of te grant (2) Poy cancion or eminston & note of nanan Insurance polls shai contain a provision stating coverage wl not be ance without $0 days pir writen notice to the DBW. In the event Grant fa to Kop nfl a al tunes the spect insurance eoverag the DEW may, i acetone any aber ems it may havo, mina thi ‘Agreement upon te occurence af tueh wren, subject othe proisions of ° “ © © a ® (his Aaroomont educt CGrantoo is rosponsibie for any deductible or sensed rotention contained within thei naurance program, Primary auee ‘ny required insurance contained i this Agreement shal be pry, ad not orcs or conto, 6 any eter insurance carried by te Sate, ‘nauranes cae equied rating ‘AM nsuranco compaios must cary & ating acceptable Lo ORI Ifthe GGrantoo i sot-neured for @ portion oral of insurance, review of financial infomaton iui etor of cot may be required by DEW or nike Endovomonts ‘Ay required endorsoments quested by the OB must be physlealy| ached to al requested carfeaes of nsurane and na subse by refering to such coverage onthe caticate of insurance nado Inadequate or lack of incwanos dees not negate the Grane’ bligatons under the Agreement Use of Subcontractors In the ease of Grantee's tization of subcontractors to complete the insureds under Grantee's insurance or supply evidence of subcontractors Insurance tothe Stato when raquesied equal o pols, coverage, and ts requed of Grant, INSURANCE REQUIREMENTS o ‘Tho Grantoo shall maintain genera ibilty on an aceurrence fom with lt of not les than $3,000,000 por occurence for body injury and property damage fabilty combined witha $2,000,000 annus potey aggregate. Tho policy sal include coverage for bilo arising out of promises, oprationa, Indopondontsubeontotors, products, completed ‘operations, personal and advertising jury, ad ably sumed under an Insured agreomont. Tis insurance shal apply saparatly to each nsied against whom claim made o sits brought subject othe Grane i aby. The pley must ins: "Tho Stale of Calfoia, ts Tere, agents, ompoyoes and servants ‘acaitonal insureds, bul only wth respect fo work performed under the agiooment ‘This endorsement must be supe under form acceptable othe Ofos of| ik en Insurance anager In the case of Grantee's ulzation of subcontractors to complet tho Comet ar dea Opens ahs ae ate @ ® “ contacted soope of work, Grant shal incude a subcontractors ab Insured under Granle's insurance or supply evince of rsuranca fo the ‘Stato equal polos, coverages an its required of Grant. Aomobte Liab ‘Te Granlse shal maintain motor wei tity ws nits nat os than ‘1,008,000 combined sgl init pr accident. Such surance chal cover labty arsing out of = motor vehicle including owned, Need and nor ‘owned rotor veo Watt tity The Grante sal mann watercraft surance wih kis ot ss tman $00,000 combined single ni por aecient. Such insurance sha cover abity arising out of he maintonance and use of any waters (owned, hed or non-cwned. The poey must ince: “The State of California, ts offers, agents, employees and servants as sdatlonal insurds, but only with respect to work performed that Wonnecte wit coated oho activities contarpatodin his Agreement “Tn endorsment mist esp ur form aecoptto oho tea of sk nd surance Managomont Workers Compensation and Employers Libiiy ‘The Grantee shall maintain statutory worker's compensation and employers ably coverage for alte employees who wil be engaged in tha performance ofthe Agreement. Employer aby Kt of $100,000 ‘7 oquod.Thoncioe waives any rah of recver the insurer may have ‘sginat the State because of payments the insurer makes fo iy oF ‘amageatsing out of tha work dane under agrooment wath the Stale. A ‘Waiver of Subrogation or Right to Recover andorsomont in favor af the Slate must be attached to caticate, \ appicabla, Grantee shall provide coverage for lis employees for any ines or claims under the US. Longshoremen’s and Harboe Worker Compensation Act the Jones Act or under laws, ogulations, or sales applicable to mastine employees. By signing tis agreement, Grantee oknowledges compliance wih these reguations. ENWRONMENTALIPOLLUTION LIABILITY rare shal mann Plluion Laity fr ts nots than $1,000,000 | cocrence everig the Grates lait fr boty ry. property damage and ‘nveonmental damage resulting fon plluion and eat loanup cots Inco ‘rng cat of work oe sons tobe performed under ts agreement. Tho ply ‘mur ela: "The Sate of Caloris fers, agents, employees and srvants as atonal ‘nse bt only with respec 0 work prod under th agroomont” ‘Thisendorsemant nusbe supped under orm aoceptablo fo he OFfee of Fisk and Irsrance Management Coverage sal be proved for bth werk ptfomed on sto and ding anspetaton 8 wo a8 proper dspsal of hazardous materials. “Generous gen ay an so aoe fee 6 SELFINSURANCE Ite Grantee is seinsurod for @ portion or alo its Insurance, the Grant sh provide evidence ofsltinsurance when requested by DBW. Review of financial Information including alter of cred may be required. The DEW reserves the gh 1 recuos nancial information, (@ STATEMENT OF INSURANCE COVERAGE: Cran cartiias and agroes that hey have al reqited insurance coverages as stated in the gfant agreement, which wil bein effect forthe entra term ofthe Approver nas |) — Date: NOvEM BE? £, 2022 Name: Tin MAL co we. Tie: adgormasrer 23, TERMINATION | _DBWrmay terminal his Agreement for any reason upon tity (90) day writen rnotie to Gran b. —_tttheGranto tai to keep the rogue insane noc a al imes cing the tr this egrement, DBW may, action to other remedies It may have, terminate this agreement upon wo days writen notin. ‘© _DBWiay, by two-day writn nate ta Grantee and witout any pedi to Rs other remedies, trina he agreement because of allure of Grane to ul any of ho requioments of his agreement 4 Upon recap of any notes teminaing this Agreement, Grante shall immediately isconinve all romoval and disposal atvis efecto, unlass the notice dees terse, In such event DBW shal pay Grantee only fr removal and disposal actives completed porto the termination date, ‘© Upontermination of his greement, Grantee shal promptly return all advanced fun. At DW's soe discretion, DBW may offer an oppartunty to cure any braseh Prior terminating fr dofaut 24, ASSIGNMENT “This Agroomont is nt assignable by the Grante, eter a whe on pat, thou the consent of te Stale in the form af formal writen amendment 25. MATCHING 10% REQUIREMENT '& Section 525(0) ofthe Harbors and Navigaon Code states, “A grant awarded bythe ‘department pursuant to subparagraph (A) shal bo matched by 210% eontibution from te focal agency receiving the gant.” 1. The 10% contutlon sn action ond awarded inthe grant and ay be made by cash andor iin cotrbutons trom agency's personne! hours net hourly rate ‘onl with no banefts include) for work completed direct toward SAVE program ‘objecives. Oher SAVE-eatd expenses may be used wih advance OBW approval in wring Musing prsonnet hours or in-kind match, only nel raw hours willbe accepted, and _vorifaton of nin contibuton is equied with relbursema roquest(s). The _tateront fin kina hors must be onthe fom provided by OBW through tho Onno Grarte Applicaton (OLGA), er available upon request, and must Include 0 2 ° “ \Vesatisaue name or deco Perecena nara ‘Doscpton of SAVE program sons provided (8) Number of hous provided by each person (may not excoed more than 8 hours per person por do) (6) Hour rate an total vate 4. The aurden of prootin complying wih the 10-peeent contin eguement she responsibly of the grantee, Funds wi not be digbureed ut the grantoe Nas provded DBW with scoplable documentation hat it complied wth the tO;ercent contibutonrequrement foreach disbursomont, 25 BUDGET DETAIL AND PAYMENT PROVISIONS Covered Expenses and Reimbursement Claims Processes (1) DW wal rmburee the folowing contact nopotites rate expendtues provided by Grantee's contracted service providers, contactors sndloe ‘subcontractors, within the soope of tho SAVE program for abandoned (@)_ Raising of submerged vessels rom show waters. Doth of watr over obstruction at low wator must be 15 foot of less; objects subrarged mor than 15 fot at low water ar not gible without pre (@) ast andoe aging romova fvssol is in watrs greater han 15 fet oop at ow water. (6) Vessel romoval fom access sation (8) Hazardous maleate (hazmat removal and disposal (@) Towing (Storage 1L—_Wout an sae: 60 days mania | whon sate: 00 days maximum wth jsitation 1H. storad ote at Granta aly, 50% of the noma rte of charg othe pubic wi be eibured, an ee schedule 's routed fo voritaton. (0) Lion sale expenses: fos charged by lan salo servo companies, potlage, DMV foo, and advertising costs (ty Puatie nt savering (Vessel appraise Salvage and demotion (2) DB wil eimburse th following contract nogatiated rate expendtures provided by Grantee's contracted service providers, contactors andlor ‘Sooner Gnas vn nr Re ue en ne aoe rue subcontractor, within the seope ofthe SAVE progtam for surrendered veseos (6) Vessel anor hazardous materi removal and cepoeal (©) Toning em grant’ fait o lanai (9 Dematten (9) Other expenses may be considered with advance wen approval fom BW, (4) Inte expenses ince hand tool, consumables, grantee cect tating, time and materi from subcontractor, ec. wiht pir wren approval ‘rom OB. b.—Relmbursement claim forms: Relmtursemont ce forma ae avalabe in DBWs Online Grant Appation System (OLGA) or upon quest. Grantee must sign and date eae rembureament im in uo ik an sub with he foowing docurans to DAW: (1) tnvoiges from service providers, contractors andor subcontractors to tnvlees mast cota te flowing: (@)- Name and adstss of Graton (©) Contact oriaicecurter (6) Description of seme peromed (8) Data the service was pacoas (@) Location o each serice (0) Vossol namo, OF# oc HIN avaiaia, terse, descipton of vessel (2) Proof of payment for al invoeoe ‘The folowing acoptbl fos of proat are: (2) Cancoled chock {th barks cancalad stamp on back of ehack copy) (©) Copy of eet cardetatomont charge allo (6) Invics tom sence provider showing zor balance. (Proof of Accounting Clearing House (ACH) or Electronic transfor showing dato, amount ond transaction confemation numb. (9) 1% in-kind match contribution statment: (@) IF Grants t matching tho 10% requirement with I-ind services complete the DPRZ85 tomizod 10% in-kind Contibuton Statement located in OLGA or avaiable upon request (©) Only not noury rates wil be accepted, Grantee must inchice vticaton of nat sts wth a lain and each ime rats change (4) Photos of vessels Required) (21 One photo showing whee the vessel whore wae abandoned and tho CF oF HIN number (available). I the CF number Is not Vsble/avalable, photo must show desertion used on cam orm, PPatos of urendared vessels naod to show the CF or HIN number, (©) For Surrondered Vessels ONLY: Vessel Release of Intro and Ownership: tobe completed ‘and sarod by vessel ouners) and SAVE agency repcesentatve (SAVE. [XGENCY ONLY section) DBM rolease fom can be downloaded from ousA, (One proof of vessel unas must be provided. This can bea copy ofthe Cntiation of Owners (pink sip oF Cost Guard docuant) signed bythe omer, OMY rpitralion form, or ORY issued junk ip. Powe of [itornoy of OMY feed marina len documents the marina ha legal interest aro also acceptable, Koop tho originals and provide DBW with copies. NOTE: Vessel omership verification i required: weve, is not aque ‘hat boat ono sing harrison upto date to surender lr esse ‘tough the VP, (© DONOT INCLUDE DOCUMENTATION THAT Is NOT REQUIRED sucha incident repens, CLETS printouts, intemal routing forms, accounting journals, ste © _Subitone (1) har opy an on (1 electons copy of each rmbusemeont ain for and al supporting document Division of Boating ana Waterways 44a Lang Avenue H Block Hecilan Park, CA 98082 mat ronkontgpars.cagov 4 Submission of audulertnvloss acer cam documentation fe broach of his ‘Avonmore Ral Kade eran done sd {his ayroment, ©. Alone for paymant must be suited to DBW no ater han 45 cays ater the ‘xption da ofthe agement. BW isnot eblgstid to ake any payment on any ‘embursomentrequst()rectved ofr any senees completed ater bis date 27, BUDGET CONTINGENCY CLAUSE ‘2. temutuay agrnd that fhe Budgot Act of th cron yar anor any subsoquent years covered undee tis Agreement does not appropiat scent funds fo he roam; ti Agresment shal be of furor for and ofc. in this ovet, OW ‘halhave no ably to pay aay funds whatsoever o Grant ot fumieh anyother ‘onderatons under his Aaraement ard Granoe shal nt be obligated to perfor any orovisons of thi Agroment >. fring for any fiscal oars eicod or dees by the Budget Act for purposes of this sogram, DW shall have th opin to either cancel this Agreement with no Sanity cccuring te DBW, refer an agrsment amendment to Grane to ele he 28, INDEMNIFICATION ‘Grantoe she be responsible er, and DPR shal not bo answerable or accourtable in any nner, any lasso expanse by reason of any damage e jury to person ox propery, ct Both, arising Out of orate In any way o cts cated out by Grants, ts agonts, ‘offer, conrators, subcontractors andor employees, unr ths Agrooment Grants chal ‘oon? enna Casa je by Rape en Acs aw tote protect, holzhariess, indemnity and dofand DPR, its agents, oicers, andor employees against any and all actions, claims, and damagos to persons or property, penalties bloatons and tities tht may bo asserts x claimed by any person, fm, association, nity, copoatn,plica subvsien, er ther organization or poson ering oi of rin ‘connection wih Grant or Grantee's contactors or subcontractors actives hereunder, eter or na there concent paste gigas onthe part of DPR agent, fi, snalorempleecs. FUNDS ASSIST “Te Funds sist proves has boon developed by DBW as a method for grants with ‘scessiv,ursod funds to asset ohar parcpatng SAVE agancis in ned, Funds Aas e ‘voluntary action (by both agencies) unt win te (2) months ofthe exiration dat of tho grant at which ume It wil become a rquited ation of hase apences with remaining (rant balances, at DBW'S dseretin, “The Funds Assist process wore a falows: 8. An intoducon is made by DBW botwean th and to agonoy in need (Agen 8). . Advan sal bo imposed by DBW forthe work to be completed by Agency 8 Agony payee al contractor invlos, a requced wih te SAVE grant, 4. The 10% required match tho obligation of Agency and may be met wi ea, n- kind sores, ora combination of bat © Toobin reimbursement, Agoncy 8 wil be required to supply te flowing te Agency enc with excessive nds (Agony A) & (1) —_-ATaxtdentication Form (9) 12) _Arecuiromonistéecumenis aooy as cute in his agreement under #24 (®) statement on Agency B's loteread lavocing Agency A forthe tla reimbursement request (@) copies of completed forms and suppost documents to DBW for pro- approval 1. Agoney A compos the folowing tons: (1) Upon approval by BBW, pay AgoncyB the Ivoled amount within 30 days and record a8 a passthrough grant (ar use your accounting method praterence), 2) Complete DBW's Abandoned Vessel andlor Surrendered Vessel Reimbursement Cissn Fae sn ata al supporting documents a itd a tomb, €& d above, iesusng the vorieation of payment to Agancy 8 La. canceled check or sfatoment from Ageney B of payment rece, (@) Ema he documents to he DBW program administer for review. Once reviewed and approved, send finalized clan forms to DBW for psyment processing. ‘BW wil actas a couteay ison between the agencies to ensue (es tnch as posible) ‘hat documert oe correct processes on mr a aera FUNDS ASST INDEMNIFICATION Crantoe and sub gant (hereto noun an Agency Aad Agony 8 respectively) shall bo response, and DPR sal robe aneweabie o aezountabo mn any manner fr any es lor expenee by reason of ny damage oir to poson ox property, abot, asin out of Felatd in eny way to activities carried out by Agency A and B, Its agents, ofcars contactors, subcontractors andlor employees, under this Agreement Agency Aa 8 shall pots! ole haemioss, ndomnty and dafend DPR, is agents, ofcors, andlor employees against any and all setion, claims, and damagas to persons or property, penalties, ‘blgatons and iabilies Wat may be asserted or came by any person, fm, ass0cation, tentiy,corpeation, pital subvsin, or thr organi a prcon ering out of orn ‘onnection wth Agency A and B's conractors or subconacto's actives hereunder, ‘ner ort her is concent pssvenegigance one pt of DPR, is agents, ofa, andi omplyees. It Agency Bisa reciplont ofa cunt SAVE grat s dpltod or with nsuicent und for temoval poet, and eclves aslstane through the Funds Assist process al poisons of ‘ho SAVE gant apps. popeover it: Jana —__ oater_te/tlez Name: Disa "Arb ec oe Ta Tae 0-DAY RETURN OF GRANT DOCUMENTS TO DBW Grant agrements esued to the awarded ancy must be completed an retumed within 80 days of the date of esuanoe according to tho instructions issued by DBW withthe grant grooment I extenuating ckeumstances proven the ably ofthe agency to mest this ‘endin,spro¥l rom DBW must bo obtained In wring. DBW retains the right to dotemine approval or cena of extension. ANTL-CORRIPTION [SAVE grantees are requod to report to DSW any wren, suggested, or verbally implied casos whare2y a contacter, subcontractor or oher serve provider increases tee feet) de {a te essen of Grantee's SAVE grant or ngices about he arouniaiance of SAVE ‘rant in to neroase thelr fo) fr pees investigation of pice gouging. A Iwo Year Fislory of targes appa to work of al known SAVE grant work by tat contactor wil Be required by DBW fer even exwarT ¢ (GENERAL TERMS AND CONDITIONS APPROVAL: ‘This Agroomont sof no foes Feet unt signed by both partie and approved bythe Department cf General Services, #equrd, Grantee may not commence performance unt such approve! has boon obtained EFFECTIVE OATE: _Efotve date moans othr ho start date othe approval date by the Deparment of Gera Services (DGS), whichever ls later. In cases where DGS approvals nl required, his Aaroement i of no free or eect unl the date ofthe lest DBW signature, No work shall commence nt the elective date, AMEND ME [No amendment or vation ofthe tems of hi Agreement sal be valid unless made in etna, sano byte pars art approved a requis, No oral understanding or Agreament notinerperad in the Agreamentis ing onary othe patos. ASSIGNME! ‘This Agroomont is not assignable by the Grants, either in whe or a par, without the consent of to State in tho form ofa formal writen amendment vor: ‘Granze apres that he evarding department, the Department of General Services, the ‘Byeau of State Aus, tee designated representative shal have tho right fo evaw and tw copy any cords and supporing documentation pertaining to the performance ofthe ‘Agron rantoeagrose te maintain euch reorde for posable audit fora minimum ‘of thro (3) years after finsl payment, unless longer period of records retention is ‘stipulated, Grantoe agrees to alow the audtoys)accoss lo such records ding normal ‘business howe end to allow iter of any employees who might reasonably have Invomation ated to such records Further, Grane agrees fo include sila igh ofthe ‘State to aud records and intowviw staf in any subcontract reatd to partrmance of Ne Aarooment (Sov, Coda §85467, Pub, Contact Cade §10115 et wa, CCR Tale 2, Seeton 1806. INDEWNIFICATION: ‘Grantoo apices indemnity, defend and eave harmless the Stato, ts oflcors, agents and femployees tom any and all lsims and losses acering ot resung to any an all, contactor, sabeontactrs, spp, laborers, and any other person, fm or earporton furnishing e supplying work services, materi, or supplies in connection with the prermanco ofthis Aareement and tem any anda aims nd oases acering of oltng to any poros, em or corporation who may be injure or damaged by the subcontator oF ‘Grants in th porfomanee of tis Agroment DISPUTES: ‘rani shatlcantue withthe respons under this Agreement cing any dsp, TERMINATION FOR CAUSE: ‘The Stale may terminate this Agroement ana be roieved of any payments should the Cantos fl perform the requirements of this Agreement the tne sn nthe manner " 12, 4. horn provided, nthe vent of such tamination the State may proceed wth tho workin any manner deoned proper by the Stale. ll cass to the Sate shal te deductod fom any sum do the Grane under tis Agreoment and the balance, any, shal be pld to he Grantse upon demas RECYCLING CERTIFICATION: “The Grants sal oti in wting under penalty of pair, the minimum, # not exact, perantage ef post consumer mater a defined inthe Public Conia Code Section 17200, in routs, materials, goods, or suppl offered o sold oho Stat rogers of whether ‘he product nous the requements ef Public Conret Code Section 12208. Wh respect © Printer or dipostoncartidges that comply wih te raquraments of Sozton 121860), he ‘cotfemon required by this subavsion shal spect thatthe carvigos so comply (Pub COonvact Cao §12205) During the performance ofthis Agreement, Grantee and is subcontractors shall not nly dseinaa, harass, or alow harassment gains! any employee oe applicant for ‘employment because of so, race, clr, ancestry, religious ree ational orig, phys b ocipanss making von un at Be eran posi. jective: SuHAP 15. Doon yourageney awa Sunmerged Navgstonal Maza Abtanent Pan @ Yee No canner, 1 ¥05, ae op. 211 0 76, RBRA snhap 420.2020 doce 40. en dst proses nyour SNAP For Submerged vera, 2 Sumy Ablames pcos is ‘ora conal and ttre arse, orate const wih Secon 6 00 othe chars Bay wecked or abanoned esse ony te Rago Agency ate. For wc eos, opendrg upon “ald proces nyow SAHAP ora Re crdtn of he ess seit este he pub heath taament fragt cae “wale, iurasaary stent rca enacts ‘ioe nth acer 304100 the RRA cose 9 Mano the Cllrs Hatboro Nevin Code (HEN ot) For ‘arn vessel ra noe Dabs Proce send ‘ens ih icons 50-55 ohm HAN ode or an 2,55 and 2 ote HAN code. Peace sc th aches 17. lsnty he SNHAPstandg sures rib ose of non-esslelaed war haar, arrange (ch as. submerged ccs ad abandonod prs ar png ‘Tho Richardson Bay Regional Agency (RBRA) regularly patos Richardson Bay. When non-vessel rolled debris obarved that prosonts a haar to navigaton such gs, ubmged obec ‘snc damaged abandon pos and pings, te debi is removed ar delved the Army ‘Cop of Enginsers(ACOE) debi yard in Saucato for disposal. WRBRA sa eannol emove tho lobia aa mac vor i called upon to remove the nonvesel sod debi, Once athe [XCOE tri yard, he debi placed into refuse bins and thon fo th an [EIT Geant Appt Lat of tnt Scope of Work and Wisk Pn ‘Yes erage nun fcbaoed eulerenevedand ecto 50 ‘epee ath svrago-ato renova dey tuo wesiel Serhan 5000 10, What ws vrai remo nd ety abandon 19, What wast rail ps oreo dest aaron ste 560000 3 ors nbs pas eae yur ony amined erin papas ‘You seen nartertsuranand sets enor enddosoyeover 16 opos Selease yea 20, What ast rae eho a doeoy sender ele 0 erless 500000 24, Whats oveapoce orca nde cured vel ormer® 6 80040 EXPT Frat Apaton: Lotro net, Seopa of Wak an Wed Pan 2 ‘ery tel SAVE rt ws anh prarnge napn dg a asi each erenage | j.cseenou a low | swoon 23, ‘Menty te umbr el psonnl cron wating he porn wth me 2 « 24, Wet ososnahosos have yu RRA wey ur awn gatol set ven pst Tinenored nh 26m ovekon RRA cera aos age earner me Iemtefamorl dessin cbr atta lp recap ae, 125, Dons yur sgh nal erg sae ahr han SAVE) keeps) @ Yee Ho aaa veh eet outa eof aren of ved 26 Soyo pn men aw abana esl sng capstone = Yee No ‘ea yourspne a at SAVE? 27. Boos oir agiey ve cael depose vende acl er Yor CN horea ena 2a Nanbor

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