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HomeMy WebLinkAboutC2011-500 - 11/23/2011 - NACONFIDENTIAL CONTRACT— CONTACT LEGAL DEPT. BEFORE RELEASING A COPY LICENSE AGREEMENT between the Department of the Navy and City of Corpus Christi CONFIDENTIAL CONTRACT — CONTACT LEGAL DEPT. BEFORE RELEASING A COPY 20.11 -500 11/23/11 Department of the Navy INDEXED DEPARTMENT OF THE NAVY Naval Facilities Engineering Command Southeast Jacksonville, FL 32212 -0030 11011 Ser 12 -053 Code OPUB -LC December 8, 2011 City of Corpus Christi Police Department ATTN: Trisha Dang, Legal Department PO Box 9277 Corpus Christi, TX 78469 -9016 Dear Ms. Dang: Enclosed please find executed License for N69450- 11 -RP- 00142 between Department of the Navy and Corpus Christ Police Department for your records. The point of contact for this action at NAVFAC Southeast is Lisa Cohen. Should you have any questions, she may be contacted at (904) 542 -6814 or via email at lisa.cohen @navv.mil. Sincerely, ROBERT F. NOLAN, III Real Estate Contracting Officer Enclosure: 1. License for N69450 -11 -RP -00142 LICENSE NUMBER LICENSE FOR NONFEDERAL USE OF REAL PROPER'T'Y N69450 -11 -RP -00142 NAVFAC 11011129(2-11) (Supersedes NAVDOCKS 2260) THIS LICENSE TO USE THE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO LIC -0 -10782 /NO02016 THE LICENSEE NAMED BELOW FOR THE PURPOSE SPECIFIED UNDER THE TERMS AND CONDITIONS SET FORTH BELOW AND THE ATTACHED GENERAL PROVISIONS. BY ITS EXECUTION, THE LICENSEE AGREES TO COMPLY WITH ALL THOSE TERMS, CONDITIONS, AND GENERAL PROVISIONS. I. PROPERTY LOCATION NAVAL AIR STATION CORPUS CHRISTI, TEXAS 78419 2. DATES COVERED (Inclusive) From 15 August 2011 To 14 August 2016 3. DESCRIPTION OF PREMISES (Include room & building numbers where appropriate) 1. An area at NALF Cabaniss; running parallel to the boundary fence as shown on exhibit "B" attached hereto and made apart hereof. No physical barriers to be erected which will affect flight operations. 2. Magazines A5 located on Dimmit Island as shown in exhibit "C" attached hereto and made apart hereof, as appropriate to meet compatibility requirements. 4. PURPOSE OF LICENSE 1. To provide an area for the Corpus Christi Police Department to conduct defensiveNgh performance driving and training program on a monthly basis. The licensee will contact NAS fire department at 961 -3491 prior to using area. Entrance will be through main gate only. 2. To provide temporary storage of NON -DOD ordnance items, intermittently, which constitute trial evidence gathered by the Corpus Christi Police Department. (see additional clauses in exhibit "A" and Memorandum of Agreement (MOA) in exhibit "D" attached hereto and made apart hereof) 5. LICENSOR 5a. NAVYlUSMC LOCAL REPRESENTATIVE (Name, Address, Email) THE UNITED STATES OF AMERICA Public Works Officer By the SECRETARY OF THE NAVY 8851 Ocean Drive Suite 207, Corpus Christi, Texas 78419 6. LICENSEE (Name Address, Email) 6a. LICENSEE LOCAL REPRESENTATIVE (Name,Address, Email) CORPUS CHRISTI POLICE DEPARTMENT Captain David L. Cook 32I JOHN SARTAIN Corpus Christi Police Department, Narcotics/Vice Investigations Division CORPUS CHRISTI, TEXAS 78401 Office: 361 - 826 -8311 Cell: 361 - 8154096 DavidC @cctexas.com 7, CASH PAYMENT BY LICENSEE (Payable in advance) (If no cash payment is required,enter "NONE" under item 7a "Amount ") a AMOUNT b. FREQUENCY c. FIRST DUE DATE d. TO (Title & address of local representative of the Government) (EACH PAYMENT) PAYMENTS DUE b. Worker's Compensation ---NIA Per State Law - - -NIA NONE N ONE NONE Bodily Injury NONE S. DEPOSIT FOR UTILITIES AND SERVICES (Payable in Advance) (If no cash payment is required, enter "None" under item ga "Amount ") a. AMOUNT (EACH PAYMENT) b. FREQUENCY c. FIRST DUE DATE d. TO (Mailing Address) NONE PAYMENTS DUE: NONE NONE NONE 9. INSURANCE REQUIRED FROM LICENSEE (If any or all insurance requiranents have been waived, enter "None" as appropriate) TYPE AMOUNT TYPE AMOUNT a. Commercial General Liability Per Occurrence - -NIA b. Worker's Compensation ---NIA Per State Law - - -NIA (Occurrence Policy Only) THE NAVY Bodily Injury Fire/Legal Liability LICENSEE (I represented that I am Business Auto authorized to bind Licensee) Deductible JI Z I� 10. GENERAL PROVISIONS (See Attached) RE: Item q, Environmental Condition Report. The Licensee acknowledges receipt of the report, has read it, and agrees that it represents the environmental condition of the Premises on the beginning date of this License. Requirement for payment of cash consideration waived pursuant to Chap. 20, Para 15, of NAVFAC P -73. Requirement for insurance coverage and demonstration of financial responsibility waived pursuant to Chap. 20, Para 16d, of NAVFAC P -73. II. EXECUTION OF LICENSE FOR BY DATE NAME AND TITLE, EMAIL (Typed) SIGNATURE FOR THE SECRETARY OF ROBERT F. NOLAN III THE NAVY REAL ESTATE CONTRACTING OFFICER LICENSEE (I represented that I am authorized to bind Licensee) OSCAR MARTINEZ ASSISTANT CITY MANAGER JI Z I� C/ • ( el 10. GENERAL PROVISIONS LI C-N 69450 -11 -R P -00142 a. The Licensor grants to the Licensee the right to use the premises or facilities described in item 3 ( "Premises "), together with the necessary rights of ingress and egress authorized by the installation Commander. Any parking that accompanies the use of, and any routes of access to and from, the Premises are subject to change at the sole discretion of the Installation Commander, b. This License shall be effective for the period stated in item 2 and is revocable at any time without notice at the option and discretion of the Licensor or its authorized representative c. The use of the Premises shall be limited to the purposes specified in item 4, and no other. d. This License is neither assignable nor transferable by the Licensee, and grants no interest in the real property of the Licensor. e. If utilities and services are fumished to the Premises, the Licensee agrees to reimburse the Licensor for the cost as determined by the Licensor in accordance with applicable statutes and regdations. f. The Licensee, at its own cost and expense, shall protect, maintain, and keep the Premises in good order. At the discretion of the Licensor this obligation shall include, but not be limited to, contribution toward the expense of long -tens maintenance, the necessity for which accrued during the period of Licensee's use. The amount of expense to be borne by the Licensee shall be determined by prorating the total expense of the item of long -term maintenance on the basis of fractional use by the Licensee. This fractional part of the total expense shall be prorated further if the item of long -term maintenance did not accrue in its entirety during the Licensee's use. Upon a determination by the Licensor that the necessity exists for an expenditure of funds for maintenance, protection, preservation or repair, the Licensee shall pay to the Licensor its proportionate share, within 30 days of receipt of astatement. g. No additions to, or alterations of, the Premises shall be made without the prior consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the Premises to the same or as good condition as existed on the date of entry under this License, reasonatle wear and tear excepted h. The Licensee, to the extent allowed by law, releases the Licensor and its employees from death or injury to persons caused by water, ice, snow, sleet, frost, steam, hail, wind, cold, dampness, electricity, rust, falling plaster or other materials, fire, explosion, sewer or sewage, gas, vapors, odors, aircraft noise, toxic or hazardous wastes, substances, or materials, the bursting or leaking of pipes or plumbing, or faulty wiring, or by any equipment or fixtures, or any act of God, or objects of any nature moved or propelled by water, ice, snow, sleet, steam, hail, or wind, at the Premises, unless caused by the willful act or gross negligence of the Licensor. i. The Licensee, to the extent allowed by law, agrees to release and hold the Licensor and its employees harmless from, and to indemnify and defend them against, loss or damage to property caused by or arising from its use of the Premises. j. In the event that any item or part of the Premises shall require repair, rebuilding or replacement (collectively, "repair") resulting from loss or damage, the risk of which is assumed under this License, the Licensee shalt promptly give notice to the Licensor and, to the extent of its liability as provided in the paragraph, shall either compensate the Licensor for any loss or damage within thirty (30) days of receipt of a statement, or repair the last or damaged item or items of the Premises, as the Licensor may elect. If the cost of repair exceeds the liability of the License for any loss or damage, the Licensee shall effect the repair if required so to do by the Licensor, and the excess of cost shall be reimbursed to the Licensee by the Licensor within thirty (30) days of receipt of a statement. In the event the Licensee shall have effected any repair that the Licensee is required to effect, the Licensor shall direct payment to the Licensee of so much of the proceeds of any insurance carried by the Licensee and made available to the Licensor on account of loss of or damage to any item or part of the Premises that may be necessary to enable the Licensee to effect the repair. In the event the Licensee shall not have been required to effect the repair, and the insurance proceeds allocable to the loss or damage that has created the need for the repair have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount ofthe proceeds. k. The Licensee shall, to the extent allowed by law, indemnify and save harmless the Licensor, its Officers, agents, servants and employees from, and defend it and them against, all liability underthe Federal Tort Claims Act (28 U.S.C. §§ 2671 and 2680) or Otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting fromits use of the Premises. 1. No member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this License or to any benefit that may arise from it; but this provision shall not be construed to extend to this License if made with a corporation for its general benefit. M. The Licensee warrants that it has not employed any person to solicit or obtain this License upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Licensor the right to annul this Lioense or in its discretion to recover from the Licensee the amount of that commission, percentage, brokerage or contingent fee in addition to the consideration for this license. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales obtained or made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of acquiring business. n. In connection with the performance of work under this License, the Licensee agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. Non-discrimination shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Licensee agrees to post in conspicuous places available for employees and applicants for employment, notices to be provided by the Licensor setting forth the provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing provision in all subcontracts for work under this License, except subcontracts for standard commercial supplies or raw materials. o. All activities authorized under this License shall be subject to rules and regulations regarding supervision or otherwise, that may, from time to time, be prescribed by the local representative or the Licensor. p. In the event of damage, including damage by contamination, to any Government property by the Licensee, its officers, agents, servants, employees, or invitees, the Licensee, at the election of the Licensor, shall promptly repair, replace, or make monetary compensation for the repair or replacement of that property to the satisfaction of the Licensor. That obligation includes any damage discovered from the physical condition and environmental condition inspections required at condition r, notwithstanding the expiration or earlier termination or revocation of this License Prior to the execution of this License, the Licensee shall submit to the Licensor evidence of compliance with all local, state, and Federal environmental laws and regulations Storage, treatment, or disposal of toxic or hazardous materials on the Premises is prohibited except as authorized by the Licensor in accordance with 10 U.S.C. § 2692. In the event the Licensor approves the storage, treatment: or disposal of toxic or hazardous materials, the Licensee shall obtain insurance or post a bond in an amount sufficient to cover possible cleanup costs. The amount and required provisions shall be determined by the CommandenCommanding Officer. q. Prior to the term beginning, the following reports will be prepared by the Licensor. A physical condition report (PCR) signed by representatives of the Licensor and the Licensee. The PCR sets forth the agreed physical appearance and condition of the Premises on the term beginning date as determined from a joint inspection. A videotape of the Premise may be made at the time of inspection for use in the preparation of the PCR. The videotape shall be preserved by the Licensor for the term of this License and for a period of one (1) year thereafter, An Environmental Condition of Property (ECP) setting forth those environmental conditions and matters on and affecting the Premises on the term beginning date, as determined from the records and analyses reflected in it. The Licensor will begin to prepare the following reports within fifteen (15) business days after the Licensee vacates the Premises: An update of the ECP that will set forth those environmental An update of the PCR that will set forth the physical appearance conditions on and affecting the Premises on. the ending date of this and condition of the Premises on the ending date of this License as License as determined from the records and analyses reflected in the determined from a joint inspection. ECP. EXHIBIT "A" LI C -N 69450 -11 -R P -00142 10. GENERAL PROVISIONS (CONTINUED) s. Storage shall be provided on a not-to-interfere basis per Navy Regulations t. Licensee shall be responsible for delivery of items in a safe condition to NAS Air Operations, NMC Comp Corpus Christi Weapons personnel. u. Licensee shall notify NMC Comp Corpus Christi personnel prior to delivery. v. Delivery shall be made between the hours of 0700 -1600 Monday through Friday whenever possible. w. Only new, pure, and unused munitions may be stored at NAS Corpus Christi. x. NMC Comp Corpus Christi will not accept anything that could be classified as used hazardous waste. y. NMC Comp Corpus Christi personnel may refuse storage of items considered to constitute a hazard to personnel /property. A w DRAFT DEPARTMENT OF THE NAVY NAVY MUNITIONS COMMAND CONUS EAST DIVISION BET FORT WORTH COMP CORPUS CHRISTI, TEXAS CCPD NMC CED MOA: 8023 Ser Ser 00/ MEMORANDUM OF AGREEMENT BETWEEN COMMANDING OFFICER, NAVY MUNITIONS COMMAND CONUS EAST DIVISION DET FORT WORTH COMP CORPUS CHRISTI, TEXAS AND CITY OF CORPUS CHRISTI - POLICE DEPARTMENT Subj: STOWAGE OF AMMUNITION AND EXPLOSIVES AT NAVAL AIR STATION CORPUS CHRISTI. Ref: (a) DODINST 4000.19 (b) OPNAVINST 4000.84 (series) (c) OPNAVINST 5530.13 (series) (d) OP 5 Volume I (e) Real estate license No. Encl: (1) Map of NAS /Dimmit Island and Routes. 1. Purpose: To establish policy, responsibilities, and procedures between, Navy Munitions Command (NMC) CONUS East Division (CED) Det Fort Worth Comp Corpus Christi, and the City of Corpus Christi - Police Department (CCPD) for the stowage of explosive material and ammunition aboard Naval Air Station Corpus Christi (NASCC). 2. Background: a. Ref (a) and (b) prescribes policy for the Navy to develop support agreements. Exhibit "D" Subj: STOWAGE OF AMMUNITION AND EXPLOSIVES AT NAVAL AIR STATION CORPUS CHRISTI. b. Ref (c) and (d) prescribes the policies for safety and management of ammunition and explosives for the Navy. C. Dimmit Island is the designated site on board NASCC for stowage of munitions. NMC Comp Corpus Christi is the authorized operator of this site. d. Reference (e) is the real estate license issued by NAVFAC which specifies areas designated for CCPD to store their ammunition and explosives. This license was issued by direction from the Commanding Officer, (NASCC) under the auspices'of mutual aid. e. NMC Comp Corpus Christi has mission responsibility to be the principal operator of Dimmit Island storage site. The site must be operated in accordance with requirements of References (c) and (d). 3. Sco2e: This MOA is limited to functions and operations provided by NMC Comp Corpus Christi to provide access and overview of CCPD stowage of munitions magazine A -5. NOTE: South Gate is the only authorized route to the base for transportation of AA &E related materiel. 4. Period of Performance: Not to exceed five (5) years effective for all purposes upon the execution by all parties. 5. Responsibilities: a. NMC Comp Corpus Christi will: (1) Provide access and oversight to magazine A -5. Oversight will be geared to assure compliance with References (c) and (d). (2) Provides keys to CCPD to only magazine A -5. Emergency requests will be addressed by the NMC Comp Corpus Christi Weapons Officer on a case by case basis. (3) Permit access for pick -ups and /or deliveries during normal working hours which are 0800 -1600 Monday thru Friday. After - hour's access is subject to approval by NMC Camp Corpus Christi Weapons Officer. (4) Coordinate with NASCC Security when munitions are being transported through the base. (5) Notify CCPD of any changes / issues / problems which may impact this agreement as early as possible. (6). Provide copies of instructions and Standing Operating Procedures to CCPD. b. CCPD will: a Subj: STOWAGE OF AMMUNITION AND EXPLOSIVES AT NAVAL AIR STATION CORPUS CHRISTI. (1) Comply with applicable NMC Comp Corpus Christi Instructions and Standing Operating Procedures. (2) Submit routine requests for stowage / pickup at least (1) one working day prior to requirement. (3) Notify NMC Comp Corpus Christi of any changes / issues / problems which may impact this agreement as early as possible. 6. Space Allocations: Per Reference (e). 7. Financial Considerations: a. NMC Comp Corpus Christi agrees to provide this support at no additional cost. b. NMC Comp Corpus Christi assumes no liability for any damage / loss of materials due to factors, including natural disasters, beyond its control. c. In the event NMC Comp Corpus Christi property damage or personnel injuries occur due to CCPD's negligent use or operations, NMC Comp Corpus Christi may assess cost of damages and submit a request for reimbursement. 8. Modification: This MOA can be modified by mutual agreement. Notification shall be made by requesting party to others at least 120 days prior to requested changes. 9. Review: This MOA will be reviewed annually to verify and determine continuing need. 10. Unresolved Disputes: In the event of an inability to resolve disputes to the mutual satisfaction of both parties, the matter will be elevated through the party's respective chains of command for resolution. 11. Points of contact: a.Naval Munitions Command CED Det Fort Worth Comp Corpus Christi, Weapons Officer, Telephone: 361 -961 -2223 Fax: 361- 961 -3579 Email: Lonnie.mount @navy.mil b.CCPD, SGT. M. R. Weischwill #1159 Telephone: 361- 834 -4455 Fax: 361 -854 -9843 Email: matheww @cctexas.com Subj: STOWAGE OF AMMUNITION AND EXPLOSIVES AT NAVAL AIR STATION CORPUS CHRISTI. 12. Confidentiality: To the extent not inconsistent with applicable state and federal law, the terms of this MOA and any confidential information disclosed in connection with this MOA, whether before or after the effective date of this agreement, including during any negotiations or any mediation related to such negotiations or the agreement, any proprietary, non - public, information including law enforcement operations used or performed by either party must be kept confidential by the parties and their employees, agents, officers and attorneys. 13. Approval: NAVY MUNITIONS COMMAND CONUS EAST DIVISION DET FORT WORTH COMP CORPUS CHRISTI, TX /s/ L. MOUNT AOC, USN weapons Officer Date: / I NMC CONUS EAST DIVISION DET FORT WORTH /s/ T. WILLIAMS LCDR, USN Officer -In- Charge NMC CONUS EAST DIVISION DET FORT WORTH Date: f / 14. CONCURRENCE NAVAL AIR STATION, CORPUS CHRISTI /s/ D. EDGECOMB CAPT, USN COMMANDING OFFICER Date: CITY OF CORPUS CHRISTI - POLICE DEPARTMENT /s/ Oscar Martinez, Assistant City Manager, City of Corpus Christi Date: Approved as to form: T. Trisha Dang Date Assistant City Attorney For City Attorney CONDITION SURVEY REPORT PAGE 1 OF I PAGES DATE OF SURVEY CHECK ONE: INITIAL FINAL BUILDING NAME AND ADDRESS LESSOR'S NAME AND ADDRESS x "kJM IN ulvltstKN UK V I"HEK IDEN'FIFICATION I CONTRACT NUMBER SUGGESTED ITEMS (Incomplete list) I NARRATIVE REPORT 1. BUILDING EXTERIOR 2. BUILDING ENTRANCES 3. CEILING a. MATERIAL b. PAINT 4. CORRIDORS 5. DOORS a. MATERIAL b. LOCKS c. TRANSOMS 6. ELECTRICAL SYSTEM a. LIGHT FIXTURES (number and type) b. SWITCHES c. OUTLETS 7. ELEVATORS (NUMBER AND TYPE) 8. FIRE ESCAPES 4. FIRE PROTECTION EQUIPMENT a. FIRE EXTINGUISHERS (TYPE) b. HOSE RACKS AND /OR REELS c. FIRE ALARM SYSTEM (TYPE) d. SPRINKLERS 10. FLOORS a. MATERIAL b. COVERING 1 L HEATING AND AIR CONDITIONING SYSTEMS a. HEATING PLANT (TYPE) b. RADIATORS c. SPACE HEATERS d. AIR DUCTS AND OUTLETS e. FANS 12. LAVATORIES (OFFICE) 13. REST ROOM FACILITIES a. LAVATORIES b. WATER CLOSETS c. URINALS d. MIRRORS e. WASTE RECEPTACLES f TOWEL DISPENSERS g. TOILET PAPER DISPENSERS h. SANITARY PAD DISPENSERS 14. SKYLIGHTS 15. STAIRS 16. VENTILATORS 17. WALLS a. MATERIAL b. PAINT 18. WINDOWS a. FRAME b. SASH c. VENETIAN BLINDS d. ROLLER SHADES e. SCREENS f. AWNINGS REPORT ON ALL PERTINENT ITEMS, COMMENTING AS TO THEIR GENERAL CONDITION AND APPEARANCE, TYPE OF CONSTRUCTION, CONDITION OF PAINT OR OTHER FINISH, ETC. USE REVERSE OF THIS FORM IF MORE SPACE IS NEEDED. We, the undersigned, do hereby certify that this report represents our opinion of the true and correct condition of the above described premises as of 20 SIGNATURE AND TITLE OF U.S. GOVERNMENT REPRESENTATIVE SIGNATURE OF LESSOR (ff nol obiamed, a platy an reverse)