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8J Consent 2018 0904
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8J Consent 2018 0904
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8/28/2018 5:58:18 PM
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8/28/2018 5:58:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/4/2018
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Reso 2018-102
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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removal, storage, or disposal of commercial vessels. Commercial vessels include <br />those vessels for which the most recent registration or documentation was <br />commercial, even though that registration or documentation may have lapsed. <br />c.If Grantee is reimbursed for the costs related to the abatement, removal, storage, <br />and/or disposal of an eligible water hazard by the registered or legal owner or other <br />person or entity known to have an interest in the water hazard, then the water hazard <br />shall no longer be eligible for funding under this Agreement. Grantee shall notify <br />DBW in writing of such reimbursement and shall return all funds disbursed by DBW <br />to Grantee with respect to such water hazard immediately. <br />d.Abatement, removal, storage and disposal of eligible surrendered vessels. For <br />purposes of this Agreement, “surrendered” is defined in Harbors and Navigation <br />Code section 526.1(a): <br />e.“‘surrendered vessel’ means a recreational vessel that the verified titleholder has <br />willingly surrendered to a willing agency under both of the following conditions: <br />(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 <br />vessel to likely be abandoned and cause environmental degradation or <br />become a 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 <br />to 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 <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 5 of 3939 <br />84
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