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)