MARINE RESPONSE ALLIANCEDESIGNATION & FUNDING AGREEMENTTO
OPA 90 RESPONSE SERVICES PROVIDER
THIS DESIGNATION AND FUNDING AGREEMENT TO OPA 90 RESPONSE SERVICESPROVIDER (this “Agreement”) is furnished in accordance with 33 CFR, Part 155 (Salvage andMarine Firefighting Requirements; Vessel Response Plans for Oil) by:(the “Plan Holder”) to MARINE RESPONSE ALLIANCE, LLC (the “MRA”), as evidence of thePlan Holder’s financial responsibility for availability of personnel and equipment capable ofresponding to a maritime emergency requiring salvage, lightering or emergency towing orfirefighting.
WHEREASthe Plan Holder has designated the MRA as its Salvage and Marine Firefighting
Response Services Provider in the specific geographic regions for Plan Holder’s vessels
covered by the this Agreement; and

the MRA is capable of, and intends to meet the Plan Holder’s requirements for eachvessel covered by this Agreement; and

the Plan Holder’s consent contained in this Agreement will ensure that any salvage,
emergency lightering, towing or marine firefighting response in accordance with thePlan Holder’s Vessel Response Plan (VRP) will not be delayed by the MRA due to funding
negotiations.

NOW, THEREFORE, the Plan Holder and MRA agree as follows:
1.

MRA VRP RESPONSE COMMITMENT:(a)
The MRA certifies that it meets all of the requirements set forth in 33 CFR, Part 155;
Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil andhereby expressly provides that it is capable of, and intends to commit to meeting Plan
Holder’s VRP requirements. The MRA shall ensure that each of its members cooperate fully
with the Plan Holder, its Qualified Individual and any Vessel Owner's Representative in
response to meeting Plan Holder’s VRP requirements. The MRA shall ensure that each of its

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

members maintain such insurance as is sufficient to insure against liabilities which areproperly the responsibility of such member in response to meeting Plan Holder’s VRP
requirements.
(b)
In accordance with 33 CFR 155.4025, the rates and schedule attached in “ANNEX 1 –Schedule of Rates” lists prices agreed between the MRA and the Plan Holder for certain
salvage, firefighting and emergency towing equipment and services. The MRA agrees tooffer such equipment and services on generally accepted industry standard forms. Theseforms are included but are not limited to the contract forms listed in “ANNEX 2 – ContractAlternatives”. Furthermore, the MRA and the Plan Holder agree that rates and terms andconditions may be modified due to the circumstances of an incident, reflecting an appreciationby the parties that funding vehicles other than a “time and materials” agreement may beappropriate on a case-by-case basis. In no event shall negotiations related to the appropriate
form of contract alter or delay funding of any VRP response.
2.

PLANHOLDER FUNDING AGREEMENT:(a)
For the entire period of the Plan Holder’s designation of the MRA as its OPA 90
Salvage and Marine Firefighting Service Provider, the Plan Holder agrees to fund without delay
any authorized MRA VRP response in accordance with:••••SCOPIC rates (as noted in ANNEX 1) + 40% uplift for first 48hrs
SCOPIC rates (as noted in ANNEX 1) + 20% uplift after 48hrs
A cap on charges for equipment at 2.0x the retail priceThird Party & Out of Pocket expenses at Cost plus 15%

In no event shall negotiations related to the appropriate form of contract alter or delay
funding of any VRP response.
3.

RETAINER FEE SCHEDULE:(I) Non-Tank Vessels Retainer Fee Schedule:
Non-Tank Vessel Annual
Retainer Fee

Fee Schedule
FREE for first two years(II) Tank Vessels Retainer Fee Schedule:
Fee Schedule
Tank Vessel Annual Retainer Fee$500 / Vessel / Year

Annual Retainer Fee Discounts:

Multiple Vessel DiscountNumber of Vessels
5-1011-25

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Discount
20%
25%

Version: 16 October 2013

26 and overMultiple Year Discount
5 Year Discount30%
An additional discount of five percent(5%) shall apply to the annual
designation fee commencing on theanniversary of the fifth consecutive
year of the Plan Holder’s enrollmentof its vessels under the terms of thisAgreement.

 Coverage includes salvage certification required by State of California, Title 14.
 Fees are per calendar year or part thereof.
(III) Drills and Table Top Exercises:
Fees for participation of MRA staff will be as follows:
ServiceCommunications Checks
Drills requiring participation via phone
Drill requiring on-site participation

FeeFree
2 Free Drills Per Year
Applicable Personnel & Equipment
rates + travel and expenses at cost
+15%(IV) MRA may revise either the Designation Fees and Discounts in this Agreement or therates set forth in the attached ANNEX 1 – Schedule of Rates, from time to time bysending a revised Fee Schedule to the Plan Holder. The revised rates will be considered
agreed and effective 30 days from notification. If the Plan Holder does not agree to therevised rates, the Plan Holder has the ability to opt-out by cancelling this Agreement andupdating their VRP accordingly.
4.

USCG APPROVAL:This Agreement is subject to the U.S. Coast Guard’s approval of Plan Holder’s VRP for
any vessel to which this Agreement applies.
5.

LAW/DISPUTE RESOLUTION:

All disputes arising out of, or in a n y w a y connected to this Agreement, including thearbitrability of any such deputes, shall be finally settled underU.S. General Maritime Law byArbitration in New York in accordance with the Rules and Procedures of the Society ofMaritime Arbitrators, Inc.

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

6.

VALIDITY:

This Agreement is valid for a period of one year from the date it is fully executed; subject toautomatic annual renewals until cancelled by either Party.
IN WITNESS WHEREOF, this Agreement is effective as of the date signed below.
On behalf of Plan Holder, I declare that I have examined this Designation and Funding
Agreement, including any accompanying annexes, schedules and statements, and, to thebest of my knowledge and belief, it is true, correct, and complete. Furthermore, the Plan
Holder named above is the responsible operator of all vessels now listed in or later added tothis Agreement. I agree that I am considered the agent for service of process of the Plan
Holder. I have signed this Agreement in my capacity as an authorized official of the Plan
Holder, or, if acting under a power of attorney, pursuant to the power vested in me by the Plan
Holder.
For and on behalf of Plan Holder:

Name:
Designation:
Date:

For and on behalf of MRA:MARINE RESPONSE ALLIANCE, LLC

Name:
Designation:
Date:

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

Covered Vessels List
Plan Holder Name:
Emergency Contact Name:
Telephone:

Email:

TVRP # (if applicable)
NTVRP # (if applicable)
Vessel NameVessel Type

Official or IMO #Please contact us with your Vessel fleet list if you need to use additional sheets.

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

ANNEX 1
Marine Response Alliance
Schedule of Rates
This ANNEX contains the information relative to the requirements set forth in 33
CFR 155.4025 for emergency lightering, marine firefighting, salvage andemergency towing.
Per Clause 1(a) of this agreement, SCOPIC rates listed in this ANNEX will be charged inaccordance with:••••SCOPIC rates (as noted in below) + 40% uplift for 1st 48hrs
SCOPIC rates (as noted in below) + 20% uplift after 48hrs
Cap the charges for equipment at 2.0x retail priceThird Party & Out of Pocket expenses – Cost plus 15%

MRA may revise the rates in this ANNEX 1 from time to time by sending a revised ANNEX to thePlan Holder. The revised rates will be considered agreed and effective 30 days fromnotification. If the Plan Holder does not agree to the revised rates, the Plan Holder has
the ability to opt-out by cancelling this Agreement and updating their VRP accordingly.
1. PERSONNEL
TITLE
Office administration, including communications
Salvage Master
Naval Architect or Salvage Officer/EngineerAssistant Salvage Officer/EngineerDiving Supervisor
HSE qualified diver or his equivalent
but excluding saturation or mixed gas drivers
Salvage Foreman
Riggers, Fitters, Equipment Operators
Specialist Advisors – Fire Fighters, Chemicals, Pollution Control

DAILY RATE (12 HRS)
US$1,275
US$1,900
US$1,585
US$1,270
US$1,270
US$1,140
US$ 950
US$ 760
US$1,275

The crews of tugs, and other craft, normally aboard that tug or craft for the purpose of its
customary work are included in the tariff rate for that tug or craft but when because of the nature
and/or location of the services to be rendered, it is a legal requirement for an additional crew
member or members to be aboard the tug or craft, the cost of such additional crew will be paid.

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

2. TUGS AND OTHER CRAFT(a) (i) Tugs, which shall include salvage tugs, harbor tugs, anchor handling tugs, coastal/ocean
towing tugs, off-shore support craft, and any other work boat in excess of 500 b.h.p., shall becharged at the following rates, exclusive of fuel or lubricating oil, for each day, or pro rata for part
thereof, that they are reasonably engaged in the services, including proceeding towards thecasualty from the tug’s then current location (when the tug is mobilized) and from the tug’s
position when their involvement in the services terminates to a reasonable location having due
regard to their employment immediately prior to their involvement in the services and standing by
on the basis of their certificated b.h.p.:
For each b.h.p. up to 5,000 b.h.p.
For each b.h.p. between 5,001 & 12,000 b.h.p.
For each b.h.p. between 12,001 & 20,000 b.h.p.
For each b.h.p. over 20,000 b.h.p.

US$2.80
US$2.00
US$1.40
US$0.70(ii) Any tug which has aboard certified fire fighting equipment shall, in addition to the above rates,
be paid:
US$690 per day, or pro rata for part thereof, if equipped with Fi Fi 0.5
US$1,375 per day, or pro rata for part thereof, if equipped with Fi Fi 1.0for that period in which the tug is engaged in fire fighting necessitating the use of the certified
fire-fighting equipment.
(iii) Any tug which is certified as “Ice Class” shall, in addition to the above, be paid US$1,375 perday, or pro rata for part thereof, when forcing or breaking ice during the course of services
including proceeding to and returning from the casualty.
(iv) For the purposes of paragraph 2(a)(i) hereof tugs shall be remunerated for any reasonable
delay or deviation for the purposes of taking on board essential salvage equipment, provisions orpersonnel which the Contractor reasonably anticipates it shall require in rendering the services
which would not normally be found on vessels of the tugs size and type.
(b) Any other craft, not falling within the above definitions, shall be charged out at a market rate
for that craft, exclusive of fuel and lubricating oil, such rate to be agreed with the Plan Holders’Representative.
(d) All fuel and lubricating oil consumed during the services shall be paid at cost of replacement
and shall be treated as an out of pocket expense.
(e) For the avoidance of doubt, the above rates shall not include any portable salvage equipment
normally aboard the tug or craft and such equipment shall be treated in the same manner as
portable salvage equipment and the Contractors shall be reimbursed in respect thereof.

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

3. PORTABLE SALVAGE EQUIPMENT(a) The daily tariff, or pro rata for part thereof, for all portable salvage equipment reasonablyengaged during the services, including any time necessary for mobilization and demobilization,
shall be as follows:
Equipment

Rate – US$Generators:
Up to 50 kW
51 to 120 kW
121 to 300 kW
Over 301 kW

$75
$158
$253
$443

Compressors:
185 Cfm
600 Cfm
1200 Cfm
Air Manifold
Blower; 1,500m³/min

$190
$317
$506
$13
$1,076

Distribution Boards:
Up to 50 kW
51 to 120 kW
121 to 300 kW
Over 301 kW

$75
$158
$253
$443

Hoses: (Per 6 Metres or 20 Feet)
Air Hose
¾”
2”

$5$10

Layflat2”
4”
6”$14$19$25

Rigid2”
3”
4”
6”
8”

$19$22$25$32$38

Miscellaneous Equipment:
Air Bags, less than 5 tons lift
Air Bags 5 to 15 tons lift

$50
$253

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

Air Lift 4”
Air Lift 6”
Air Lift 8”
Air Tugger, up to 3 tons
Chain Saw
Container handling package
Communications package
Damage Stability Computer and Software
Echo Sounder, portable
Extension Ladder
Hydraulic Jack, up to 50 tons
Hydraulic Jack, up to 120 tons
Hydraulic Powerpack up to 40kW
Hydraulic Powerpack 75kW
Pressure washer, water
Pressure washer, steam
Rigging Package, heavy
Rigging Package, light
Steel band Saw
Tirfors, up to 5 tonnes
Thermal Imaging Camera
Tool Package, per set
Ventilation Package
VHF Radio
Z Boat, including outboard up to 14 feet
Z Boat, including outboard over 14 feet

$126
$253
$379
$95
$25
$200
$200
$315
$32
$25
$50
$95
$60
$95
$316
$570$506$253$25$14$316$220$25$14$253$443

Diving Equipment:
High Pressure Compressor 3500 psi/17 Cfm
High Pressure Compressor 5500 psi/5 Cfm
Decompression Chamber with Medical Lock
Decompression Chamber: 2-Man, incl. compressor
Decompression Chamber: 4-Man, incl. compressor
Hot Water Diving Assembly
Underwater Magnets
Underwater Drill
Shallow Water Dive Spread

$200
$115
$325
$632
$885
$316
$25
$25
$285

Welding & Cutting Equipment :Bolt Gun
Oxy-acetylene Surface Cutting Gear
Underwater Cutting Gear
Underwater Welding Kit
250 Amp Welder
400 Amp Welder$380$32$64$64$190$253

Protective Clothing / Safety Equipment:
Breathing Gear
Hazardous Environment Suit
Cooler; Evaporative; 36”, 9800 Cfm, 110v

$64$126$100

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

Heater 55,000/110,000 Btu
Gas Monitor; Four Gas Types
Nitrogen Generator – 1500 SCFH @96%, 220v
PPE; Ascending/Descending package: 4 Man
PPE; Bunker Gear Pkg: 1 Man
PPE; Chemical Suit Pkg: Class A: 1 Man
PPE; Chemical Suit Pkg: Class B: 1 Man
PPE; Cold Weather 1st Response Kit
PPE; Confined Space Entry 2 Man package, withCommunications
PPE; Survival Suit, Immersion
Ventilation Pkg: Vane Axial: 1,500 Cfm
Ventilation Pkg: Venturi Type: 4,000 Cfm

$250
$175
$2450
$350
$125
$145
$25
$35
$525
$10$100$115

Pollution Control Equipment:
Hot Tap Machine, including support
Oil Boom, 24”, per 10 metres
Oil Boom, 36”, per 10 metres
Oil Boom, 48”, per 10 metres
Ballast/Fuel storage Bins upto 10,000 litres
Ballast/Fuel storage Bins 10,000 to 25,000 litres
Ballast/Fuel storage Bins 25,000 to 50,000 litres

$1265
$39
$126
$246
$75
$100
$126

Pumping Equipment:
Air
1”
2”
3”

$65
$95
$110

Diesel
2”
4”
6”

$64
$114
$152

Electrical Submersible
2”
4”
6”

$64
$190
$759

Hydraulic
3”
6”
8”

$500
$759
$1265

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

Lighting Systems:
Halogen system
Lighting String, per 50 feet
Light Tower
Underwater Lighting System, 1,000 watts

$100
$32
$64$95Winches:
Up to 5 tons, including 50 metres of wire
Up to 10 tons, including 50 metres of wire
Up to 20 tons, including 50 metres of wire

$150
$175
$250

Fenders:
Yokohama
1.00 x 2.00m
2.50m. x 5.50m.
3.50m. x 6.50m.

$95
$190
$317

Low Pressure Inflatable
3 metres
6 metres9 metres12 metres
16 metres

$89
$89
$190
$316
$316

Shackles:Up to 50 tonnes
51 to 120 tonnes
121 to 200 tonnes
Over 200 tonnes

$13
$25
$39
$64

Storage Equipment:
12” Container
20” Container

$32
$50

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 16 October 2013

ANNEX 2Contract Alternatives• LOF with SCOPIC incorporated but not invoked• BIMCO WRECKHIRE 2010
• BIMCO TOWCON 2008
• BIMCO TOWHIRE 2008
• BIMCO WRECKFIXED 2010
• BIMCO WRECKSTAGE 2010
• ISU SALVCON• ISU SALVHIRE• MARSALV

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 11 October 2013

Marine Response Alliance LLC
Initial Emergency Response Instructions

Step 1:

Call +1-206-332-8200 (USA – 24 hours)

Step 2:

Tell the dispatcher, “I have a vessel emergency. This is not adrill.” Or “This is a Drill.”

Step 3:

Be prepared to give the dispatcher the following initial
information:

 Your Name Your Position Title
 Company Name & Location
 Your Phone (Office, Cell, Home) Your Fax
 Nature of Emergency

Ship Name
Ship Communication Info (Phone,Fax, VHF Channel/Frequency)
Ship Location & Nearest Port(Latitude and Longitude)Weather Conditions
Services RequestedStep 4:

Be prepared to FAX additional requested information to theAlliance at +1-206-332-8500 (or as directed).

Step 5:The Alliance will respond with information regarding possible
vessels, personnel, and equipment.

Phone: +1-954-545-7872 Fax: +1-954-545-4552
Email: MRA@MarineResponseAlliance.com
24-Hour Emergency Contact: +1-206-332-8200

Version: 11 October 2013