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(1)The public agency has determined in its sole discretion that the vessel is in <br />danger of being abandoned, and therefore has a likelihood of causing <br />environmental degradation or becoming a hazard to navigation. <br />(2)The decision to accept a vessel is based solely on the potential of the vessel <br />to likely be abandoned and cause environmental degradation or become a <br />hazard to navigation.” <br />f.The funds provided under this Agreement shall not be utilized for surrender, <br />abatement, removal, storage, or disposal of commercial vessels. Commercial vessels <br />include those vessels for which the most recent registration or documentation was <br />commercial, even though that registration or documentation may have lapsed. <br />g.If Grantee is reimbursed for the costs related to the removal, storage, and/or disposal <br />of a surrendered vessel by the registered or legal owner or other person or entity <br />known to have an interest in the vessel, then the vessel shall no longer be eligible for <br />funding under this Agreement. Grantee shall notify DBW in writing of such <br />reimbursement and shall return all funds disbursed by DBW to Grantee with respect to <br />such vessel immediately. <br />3.RIGHT OF INSPECTION <br />Grantee shall allow DBW and other state agency representatives, at any reasonable time, to <br />inspect any site where Grantee or its subcontractors are performing work under this <br />Agreement. <br />4.ANNUAL MEETING <br />Grantee’s representative or alternate shall participate in an annual one-day video or phone <br />conference conducted by DBW during the term of this agreement. Should the Grantee or <br />representative be unable to attend the meeting and cannot provide a substitute from the <br />agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. <br />DBW must grant approval in writing in order for the Grantee not to be in breach of this <br />Agreement for failure to attend. <br />5.ACTIVITY/NON ACTIVITY: REPORTING REQUIREMENTS <br />a.Grantee shall provide quarterly reports to DBW describing the status of existing issues <br />known, pending, or in progress. <br />b.Lack of quarterly reporting and/or removal activity within any twelve month period <br />during the term of this agreement is subject to possible revocation of grant. <br />6.OVERLAPPING ANNUAL GRANT AWARDS <br />A minimum of fifty percent (50%) of an existing AWAF grant must be utilized and reported for <br />reimbursement to DBW to qualify for a new fiscal year grant. <br />7.HAZARDOUS MATERIALS <br />Grantee shall be responsible for securing any necessary or prudent studies, permits, or <br />authorizations associated with treatment, removal, storage, or any other handling of <br />hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos, <br />and similar substances, prior to the removal of any vessel and water hazard pursuant to this <br />Agreement. <br />Grantee shall be responsible for the proper and lawful handling, abatement, removal, storage, <br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2015/2016 <br />__________________________________________________________________________ <br />Page: 5 of 24