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HomeMy WebLinkAboutAGMT - Naval Weapons Station Seal Beach - Department of Navy (Intergovernmental Support Agreement - Beach Clean-up & Grooming) ' "' ., DEPARTMENT OF THE NAVY NAVAL WEAPONS STATION SEAL BEACH 800 SEAL BEACH BOULEVARD SEAL BEACH.CA 90740-5000 n REPLY RUER TO/ 11000 Ser N00/0209 September 27,2024 City of Seal Beach Attn: Ms. Jill Ingram,City Manager 211 Eighth Street Seal Beach,CA 90740 Dear Ms. Ingram: SUBJECT: INTERGOVERNMENTAL SUPPORT AGREEMENT FOR BEACH CLEAN-UP AND GROOMING As Commanding Officer of Naval Weapon Station Seal Beach, I am expressing my intent to proceed with the option for an additional year of performance on the subject Intergovernmental Support Agreement with the City of Seal Beach. I am extremely grateful for this partnering opportunity,and for the City's on-going support. If you should require additional information,please contact Ms.Jazmin Atencia,Installation Plans, Programs, and Readiness Integrator at(562)626-7016,or iaznun.atencia.civ(alus.navv.mil Sincerely, g19/61"441' J.J. O'BRIEN Captain, U.S. Navy Commanding Officer • DEPARTMENT OF THE NAVY ��ti�F"nT QGrA�n� NAVAL WEAPONS STATION SEAL BEACH 800 SEAL BEACH BOULEVARD cl SEAL BEACH,CA 90740-5000 IN RKPI.I'RKPKR TO 11000 Ser N00/0205 mas September 19,2023 City of Seal Beach Attn: Ms.Jill Ingram,City Manager 211 Eighth Street Seal Beach,CA 90740 Dear Ms. Ingram: • SUBJECT: INTERGOVERNMENTAL SUPPORT AGREEMENT FOR BEACH CLEAN-UP AND GROOMING As Commanding Officer of Naval Weapons Station Seal Beach, I am expressing my intent to • proceed with the option for an additional year of performance on the subject Intergovernmental Support Agreement with the City of Seal Beach. I am extremely grateful for this partnering opportunity,and for the City's on-going support. If you should require additional information,please contact Ms. Kelly Finn,Community Planning Liaison Officer at(562)626-7755,or kelly.l.finn.civ@us.navy.mil. Sincerely, J.J.O'BRIEN Captain,U.S.Navy Commanding Officer T t DEPARTMENT OF THE NAVY NAVAL WEAPONS STATION SEAL BEACH 800 SM- L 13LACH BOULEVARD SEAL BEACH. CA 90740-0000 City of Seal Beach Attn: Ms. Jill Ingram, City Manager 211 Eight Street Seal Beach, CA 90740 Dear Ms. Ingram: IN IMIX REFER TO 11000 Ser N00/0270 4 October 2022 SUBJECT: INTERGOVERNMENTAL SUPPORT AGREEMENT FOR BEACH CLEAN-UP AND GROOMING As Commanding Officer of Naval Weapons Station Seal Beach, I am expressing my intent to proceed with the option for an additional year of performance on the subject Intergovernmental Support Agreement with the City of Seal Beach. I am extremely grateful for this partnering opportunity, and for the City's on-going support. If you should require additional information, please contact Ms. Kelly Finn, Community Planning Liaison Officer at (562) 626-7755, or kelly.l.finn.civ@us.navy.mil. Sincerely, 46�� J. J. O'Brien Captain, U.S. Navy Commanding Officer INTERGOVERNMENTAL SUPPORT AGREEMENT BETWEEN NAVAL WEAPONS STATION SEAL BEACH AND CITY OF SEAL BEACH FOR BEACH CLEAN-UP AND GROOMING IGSA NUMBER = N61065-2021-IGSA-0001 This is an Intergovernmental Support Agreement (IGSA) between the Department of the Navy, a federal agency, as represented by and through the Commanding Officer (CO), Naval Weapons Station Seal Beach (NWSSB) and City of Seal Beach, a California charter City. When referred to collectively, the Department of the Navy (NWSSB) and City of Seal Beach are referred to as the "Parties". Background: The Parties enter into this IGSA so that City of Seal Beach may provide beach clean-up and grooming services to NWSSB. 2. Authorities: This IGSA is entered into by NWSSB, under the authority of 10 U.S.C. § 2679, and by City of Seal Beach, under the authorities of Government Code Section 6502 and Seal Beach City Charter Section 200. 2.1. 10 U.S.C. § 2679 permits the Navy to enter into an IGSA on a sole source basis with a State or local government, provided the IGSA will serve the best interests of the Navy by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. The State or local government providing the installation services must already provide such services for its own use either through its own resources or by contracting out for such services using competitive procedures. 2.2. Government Code Section 6502 and Seal Beach City Charter Section 200 permit City of Seal Beach to enter into this agreement to provide the Department of the Navy, as represented by the CO of NWSSB, with beach clean-up and grooming services that City of Seal Beach already provides for its own use. City of Seal Beach-and-tlre-Depa'rtment-ofthe-Navyat-NWSSB-nee"lre-defmitron`ofa "public agency" as defined in Government Code Section 6500. 3. Purpose: The purpose of this is for City of Seal Beach to provide beach clean-up and grooming services on NWSSB at the mutually agreed upon rates for services set forth in Attachment (1) to this IGSA. City of Seal Beach already engages in these services for itself, and provides this service with its own resources. This IGSA outlines the roles and responsibilities of the Parties, and identifies the services to be furnished by City of Seal Beach, the prices to be paid by the United States, and the appropriate reimbursement, indemnification, and liability procedures. The Parties undertake this IGSA in order for City of Seal Beach to provide NWSSB with the installation -support services of doing beach raking and grooming, including sanitizing, utilizing the same methodology used to perform beach clean-up on the city beaches. Sanitizing shall include removal of hazardous maLwials of hazaidous waste including containers, sharp objects, and other, wastes that can pose health and safety concerns to beach goers. 4. RESPONSIBILITIES OF THE PARTIES 4.1. NWSSB will: 4.1..1. Coordinate access for City of Seal Beach employees, including performing all security vetting requirements and sponsorship for issuance of Defense Biometric Identification System (DBIDS) credentials for base access. 4.1.2. Provide reimbursement to the City of Seal Beach per occurrence, when beach clean-up and grooming is performed, using existing federal payment systems and practices. 4.1.3. NWSSB Security Personnel will open and close the Liberty Gate, to provide access for the City of Seal Beach vehicle and equipment required to perform beach raking and grooming services. 4.2. City of Seal Beach will: 4.2.1. Require City of Seal Beach personnel requesting access to NWSSB to submit Secretary of the Navy (SECNAV) Form 5512/1 to the installation Pass and Identification Office for a background check. 4.2.2. Notify NWSSB of any changes in personnel requiring access. 4.2.3. Provide all labor and equipment required for mechanical raking and grooming for beach clean-up at NWSSB, including beach sanitization. 4.2.4. Perform beach raking and grooming approximately weekly, and depending on need and available funding, up to 50 times per year. 4.3. Both Parties will: 4.3.1. Cooperate to ensure mutual goals are met and issues are promptly resolved. 2 4.3.2. Promptly notify the other party of any concerns and communicate openly and transparently to ensure any concerns or issues are promptly dealt with in order to not impede performance under this IGSA. 4.3.3. Resolve to try to work out disputes to the extent feasible before initiating termination procedures. 4.3.4. Turn over to NWSSB Environmental any hazardous materials or hazardous waste, including sharps and bio -waste, for safe disposal. 5.. Public Disclosure: To the extent permitted by the laws governing each Party, the Parties shall protect personal information and also shall maintain the confidentiality of other exchanged 'information when requested to do so by the providing Party. 5.1. The Parties will comply with public requests for information related to this IGSA pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the California Public Records Act, California Government Code § 6250 et seq. ("PRA") 5.2. If City of Seal Beach receives a request for information about this IGSA made under PRA, City of Seal Beach will notify NWSSB Points of Contact (POCs) in this IGSA. If NWSSB receives a request for information about this IGSA under FOIA, NWSSB will notify City of Seal Beach POCs in this IGSA. 6. Relationship of the Parties: In the exercise of their respective rights, powers, and obligations under this IGSA, each Party acts in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Each Party is responsible for all costs of its personnel and contractors, including pay and benefits, support, and travel. Neither Party shall provide, without the prior written consent of the other Party, any contractor or employee with a release that waives or purports to waive any right a Party may have to seek relief or redress against that contractor or employee. 7. GENERAL PROVISIONS 7.1. Administration. This IGSA shall be mutually administered by City of Seal Beach and by the NWSSB, collectively, the IGSA Directors. The IGSA Directors will identify personnel within City of Seal Beach and at NWSSB and/or Navy Region Southwest to coordinate and manage the provision of services and the payment for services provided by City of Seal Beach under this IGSA. 7.2. Points of Contact. The POCs will be used by the Parties to communicate during the implementation of this IGSA. Each Party may change its POC and will provide e-mail notice to all POCs when a POC is changed. 7.2. 1. For NWSSB: 7.2.1.1. Public Works Officer [Currently, LCDR Nigel Morrissey, nigel.morrissey@navy.mil, (562),626-7528, name and contact information subject to change] 7.2.1.2. Community Planning Liaison Officer [Currently, Kelly Finn, kelly.l.finn@navy.mil, (562) 626-7755, name and contact information subject to change] 7.2.1.3. Installation Program Integrator [Currently, Jazmin Atencia, jazmin.atencia@navy.mil, (562) 626-7016, name and contact information subject to change] 7.2.2. For City of Seal Beach: 7.2.2.1. Director of Public Works [Currently, Steve Myrter, smyrter@sealbeacca.gov, (562) 431-2527 Ext 1321, name and contact information subject to change] 7.2.2.2. Deputy Director of Public Works [Currently, Iris Lee, ilee@sealbeachca.gov, (562) 431-2527 Ext 1322, name and contact information subject to change] 7.2.3. Correspondence. All correspondence to be sent and notices given pursuant to this IGSA will be addressed as follows: 7.2.3.1. Commanding Officer, Naval Weapons Station Seal Beach ATTN: Jazinin Atencia, N5 800 Seal Beach Blvd., Building 204 Seal Beach, CA 90740 7.2.3.2. City of Seal Beach Attn: City Manager 211 Eight Street Seal Beach, CA 90740 7.2.4. Records. The Parties shall follow established cost principles and procedures in determining allowable costs and payments under this IGSA and shall maintain books, records, documents, or other evidence pertaining to costs and expenses under this IGSA for a minimum of three years after the expiration of the IGSA. To the extent permitted under applicable laws and regulations, the Parties shall each allow the other to inspect such books, records, documents, or other evidence pertaining to costs and expenses under this IGSA. Each Party shall maintain records of each purchase order and all payments made in accordance with its 19 governing record retention rules. 8. FINANCIAL DETAILS 8.1. Costa The costs for all efforts to be ordered under this IGSA will comport with the mutually agreed-upon service rates stated in Attachment (1), estimated to be $45,000 for the first year based on an estimated 50 occurrences, plus an administrative fee not to exceed 10%. 8.2. Obligation of Funds. This IGSA does not document the obligation of funds between the Parties. The obligation of funds by the Parties is subject to the availability of appropriated funds pursuant to the DoD Financial Management Regulation. No provision in this IGSA shall be interpreted to require obligation or payment of funds in violation of the Anti -Deficiency ,Act, 31 U.S.C. § 1341. 8.3. No Limitation: Nothing in this IGSA shall limit or prohibit the ability of either Party from contracting with other persons or entities for the provision of the same or similar services. 8.4. Billing and Payment. Each federal fiscal year during the term of this IGSA, NWSSB will deposit funds into an account to cover the projected annual cost of this IGSA. The mutually agreed-upon service rates will be based on Attachment (1). While services may be provided on up -to a weekly basis, City of Seal Beach will bill NWSSB on a monthly basis. NWSSB will pay any uncontested bills within 30 days of receipt of an invoice from the City of Seal Beach, subject to appropriation of funds from Congress. 9. Taxes. Pursuant to the Office of Management and Budget 2 CFR § 200.470, taxes that City of Seal Beach are legally required to pay are allowable, except for self- assessed taxes that disproportionately affect Federal programs or changes in tax policies that disproportionately affect Federal programs. NWSSB will not reimburse City of Seal Beach for any taxes in which the legal incidence of the tax falls on NWSSB. Direct and indirect cost reconciliation will be performed annually in accordance with 2 CFR Part 200, Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards. 10. Term of IGSA. This IGSA is being entered into for a total term not to exceed 10 years. This IGSA automatically terminates after 10 years from the effective date. A new IGSA may be executed for subsequent periods not to exceed 10 years. 10.1. The initial term of this Agreement shall run until the end of the federal fiscal --year-after-the-date-ofthe-execution7of"the-A-grement-by-the-Parties.—It-is7theii renewable for successive, one-year option periods for nine (9) additional years. Option years shall only be effective upon written notice by NWSSB of its intent to proceed with the option for an additional year of performance, and acceptance by the City of Seal Beach before the end of the then -current 5 fiscal year. 10.2. Each Party shall give notice to the other Party as to their intent to renew. City of Seal Beach shall provide 90 days' notice of non -renewal, and the NWSSB shall provide 90 days' notice of non -renewal. 11. Modification of IGSA. This IGSA may be modified by written agreement of the Parties, which must be duly signed by their authorized representatives. 12. Suspension of IGSA. Both parties reserve the right to suspend performance of the Agreement in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the United States. In the event of a suspension, compensation for City of Seal Beach will continue subject to availability of funds and work not affected by the suspension. 13. TERMINATION 13.1. Mutual. The IGSA may be terminated by mutual written agreement at any time. In the event of mutual termination, no rights, responsibilities, benefits, or liabilities shall accrue to either Party. 13.2. Unilateral. This IGSA may be terminated unilaterally by either Party for its convenience upon 90 calendar days written notice to the POCs designated in this IGSA. 13.3. Process. In the event of a termination, the Parties shall immediately negotiate a separate Termination Agreement and Schedule to define the roles and responsibilities and to mitigate impacts and all costs caused by the termination. The Parties recognize that the obligations and debts under this IGSA are part of a whole and that they are incurred annually. With specific regard to a unilateral termination: 13.3.1. Any obligations or debts incurred prior to termination shall become immediately due and payable by the withdrawing Party upon termination. 13.3.2. The withdrawing Party shall not be entitled to a refund or credit for any sums paid or incurred under this IGSA prior to termination. 14. APPLICABLE LAW 14.1. The Parties shall comply with all applicable Federal, State and local laws, Federal executive orders, and Federal rules and regulations applicable to its performance under this IGSA. If any federal statute expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the applicable federal statute shall govern. If there is a conflict between Federal law and State law or any municipal laws, Federal G law will control. 14.2. This IGSA is not governed by standard acquisition contracting methods of competitive bidding as delineated in the Federal Acquisition Regulations (FAR) and its supplements. However, if City of Seal Beach provides services through a contract, the contract must be awarded through competitive procedures in accordance with applicable State or local laws. 15. DISPUTES 15.1. If the Parties cannot agree on interpreting or applying a material teen of this IGSA, the Parties agree to engage in an effort to reach mutual agreement in the proper interpretation of this IGSA, including amendment or termination of this IGSA, as necessary, or by escalating the dispute within their respective organizations. 15.2. As a condition precedent to a Party bringing any action for breach of this IGSA, that Party must first notify the other Party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the Parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the Parties. Each party must pay an equal share of any costs incurred by use of a third -party neutral. 15.3. If any third -party dispute or litigation relates to, or potentially affects a Party's ability to perform under this IGSA, the Parties agree to promptly notify each other of such dispute or litigation. The existence of such a dispute or litigation, on its own, shall not excuse the Parties from performance pursuant to this IGSA. 15.4. If .any dispute between the Parties arising out of this IGSA requires consideration of the law, the rights and obligations of the Parties shall be interpreted and determined according to the substantive and procedural laws i= of the United States of America. r` 16. Liabili City of Seal Beach agrees to defend and shall hold and save NWSSB free and harmless from all damages, claims, suits of any nature that arise from or are incidental to this IGSA, except for damages due to the fault or negligence of NWSSSB or its employees. Nothing in this IGSA is intended, nor may it be construed, to create any rights, confer any benefits, or relieve any liability, of any kind—whatsoever,-in-any third person-not-a-partyto this-IGS�4. 17. Cooperation of Parties. The Parties recognize that it is essential to cooperate fully .concerning the handling of information and provision of services contemplated by this IGSA. In connection with this IGSA, the Parties therefore agree to provide any 7 data, information, and documentation reasonably necessary for the other Party to perform its responsibilities under the terms of this IGSA. 18: Review for Legal Adequacy. Each Party to this IGSA acknowledges and agrees that this IGSA has been reviewed by each Party's respective legal counsel for legal adequacy. 19. Waiver. No waiver of the breach of any of the covenants, terms, restrictions, or conditions of this IGSA by either Party shall be construed to be a waiver of any succeeding breach of the same or other covenants, terms, restrictions, or conditions of this IGSA. No delay or omission of either Party in exercising any right, power, or remedy, provided in the event of default, shall be construed as a waiver, or acquiescence to the default, or be construed as a waiver of a variation of any of the terms of this IGSA. 20. Severability. If any term or portion of this IGSA is held to be invalid, illegal, void, or otherwise unenfordeable by a court of competent jurisdiction, the remaining provisions of this IGSA shall continue in full force and effect. 21. Signature. in Counterparts. This IGSA may be executed in counterparts by each of the Parties. For purposes of enforcement, true copies of signatures shall be deemed to be original signatures. 22. Entire IGSA, It is understood and agreed that this IGSA, to include Attachment (1) incorporated here by reference, constitutes the entire IGSA between the Parties. This IGSA will also include all work orders subsequently executed in relation to this IGSA. Attachment (1): Mutually Agreed Upon Service Rates 23. Effective Date. This IGSA takes effect on the day after the last Party signs. Naval Weapons Station Seal Beach J. J, h , CAPT USN Co g Officer DATE: Tb *w 211 CitORI�nggram f S eac 1 . City Manager DATE: 0 10 11 5/ 20 2 Z APPROVED AS Tjo FORM: aig A. Steele City Attorney 0 DEPARTMENT OF THE NAVY NAVA], WEAPONS STATION SEAL BEIACH 800 SEAL BEACH BOULEVARD SEAL BEACH, CA 907 10-5000 City of Seal Beach Attn: Ms. Jill Ingram, City Manag 211 Eight Street Seal Beach, CA 90740 Dear Ms. Ingram: I iil `111[ 1F1 i\ RVMN 10 11000 Ser N11/0270 4 October 2022 As Commanding Officer of Naval Weapons Station Seal Beach, I am expressing my intent to proceed with the option for an additional year of performance on the subject Intergovernmental Support Agreement with the City of Seal Beach. I am extremely grateful for this partnering opportunity, and for the City's on-going support. Ef you should require additional information, please contact Ms. Kelly Finn, Community Manning Liaison Officer at (562) 626-7755, or kelly.l.finn.civ@us.navy.mil. Sincerely, J. J. O'Brien Captain, U.S. Navy Commanding Officer