Barstow City Council
May 16, 2022

8.d
Packet Pg. 178 Attachment: MotorolaMain (5015 : Fire Station Alerting) Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price 1k Q629AK ENH: AES ENCRYPTION

AND ADP
21 $523.00 27.0% $381.79 $8,017.59
1l QA05100AA ENH: STD 1 YR

WARRANTY APPLIES NO
SFS
21 $0.00 0.0% $0.00 $0.00
2 PMNN4547A BATT IMPRES 2 LIION
TIA4950 R IP68 3100T
21 $203.00 20.01% $162.38 $3,409.98
3 NNTN8575A AUDIO ACCESSORYREMOTE SPEAKER

MICROPHONE,IMPRES XE

RSM XT CABLE GREEN
21 $581.04 20.01% $464.77 $9,760.17
4 NNTN8863A CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 100-240VAC,

US/NA PLUG
10 $169.56 20.01% $135.63 $1,356.30
APX™ 6500 / Enh Series ENHANCEDAPX6500
5 M25URS9PW1BN APX6500 ENHANCED 7/800

MHZ MOBILE
3 $3,253.00 27.0% $2,374.69 $7,124.07
5a G832AD ADD: SPKR 7.5W WTR RST
APEX
3 $67.00 27.0% $48.91 $146.73
5b G996AS ENH: OVER THE AIR

PROVISIONING
3 $110.00 27.0% $80.30 $240.90
5c GA00250AA ADD: WIFI/GNSS STUBBY
ANTENNA LMR240
3 $110.00 27.0% $80.30 $240.90
5d W20CA ADD: KEYPAD MIC GCAI
APX
3 $198.00 27.0% $144.54 $433.62
5e G51AU ENH: SMARTZONE
OPERATION APX6500
3 $1,320.00 27.0% $963.60 $2,890.80
5f G67DT ADD: REMOTE MOUNT E5
APXM
3 $327.00 27.0% $238.71 $716.13
5g GA05100AA ADD: STD WARRANTY - NO

ESSENTIAL
3 $0.00 0.0% $0.00 $0.00
5h G298AS ENH: ASTRO 25 OTAR W/

MULTIKEY
3 $814.00 27.0% $594.22 $1,782.66
5i G843AH ADD: AES ENCRYPTION

AND ADP
3 $523.00 27.0% $381.79 $1,145.37
5j G444AH ADD: APX CONTROL HEAD

SOFTWARE
3 $0.00 0.0% $0.00 $0.00
QUOTE-1662896
APX6000XE (21)
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.d
Packet Pg. 179 Attachment: MotorolaMain (5015 : Fire Station Alerting) Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price 5k G335AW ADD: ANT 1/4 WAVE
762-870MHZ
3 $15.00 27.0% $10.95 $32.85
5l G806BL ENH: ASTRO DIGITAL CAI
OP APX
3 $567.00 27.0% $413.91 $1,241.73
5m GA01670AA ADD: APX E5 CONTROL
HEAD
3 $717.00 27.0% $523.41 $1,570.23
5n G361AH ENH: P25 TRUNKING

SOFTWARE APX
3 $330.00 27.0% $240.90 $722.70
Subtotal $170,969.10
Estimated Tax $14,959.79
Grand Total $185,928.89(USD)
Notes:
● Additional information is required for one or more items on the quote for an order.

QUOTE-1662896
APX6000XE (21)
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.d
Packet Pg. 180 Attachment: MotorolaMain (5015 : Fire Station Alerting) Billing Address:

BARSTOW POLICE DEPT
220 E MT VIEW ST STE B
BARSTOW, CA 92311
US
Quote Date:03/11/2022
Expiration Date:06/09/2022
Quote Created By:

Matthew Fogarty
Matt.Fogarty@
motorolasolutions.com
End Customer:

BARSTOW POLICE DEPT
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1 KT000254A02 POWER SUPPLY
ADAPTOR,EXT 280W POWER
SUPPLY , 100-240VAC, SAE
3 $330.00 $330.00 $990.00
Subtotal $990.00
Estimated Tax $86.63
Grand Total $1,076.63(USD)
Notes:

DRAFT QUOTE-1693457
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.e
Packet Pg. 181 Attachment: MotorolaPower (5015 : Fire Station Alerting) City Provided Network Hardware for Giant Services Installation $ 7,180.00.00 Total Network Hardware
FD Station 366 Cost Description Qty Per $ 450.00 Tripp Lite PDU Metered 120V 1.44kW 36 NEMA 5-15R 5-15P 15ft Cord 72in 0URM (PDUMV15-72) 2 225$ 300.00 Tripp Lite Basic PDU, 15A, 13 Outlets (5-15R), 120V, 5-15P Input, 15 ft. Cord, 1U Rack-Mount Power 2 150$ 100.00 Tripp Lite 1000ft Cat6 600MHz Gigabit Bulk Solid PVC CMR Cable Blue 1000' 1 100$ 300.00 Neat Patch 2U Cable Management Kit - 2 Packs w/ 48 CAT6 Patch Cables (2FT Black) 1 300$ 600.00 Leviton 69586-U48 eXtreme 6+ Universal Patch Panel, 48-Port, 2RU, CAT 6. Cable Management Bar 1 600$ 240.00 Leviton Cat 6 Patch Cable 5ft (24) 24 10$ 300.00 Tripp Lite Rack Enclosure Cabinet Cantilever Fixed Shelf 60lb Capacity 2URM 4 75$ 300.00 Tripp Lite Rack Enclosure Cantilever Tool-less Mount Fixed Shelf 1URM 4 75$ 1,000.00 Misc. - Wire Mgt. - Supplies 1 1000$ 3,590.00 Total FD Station 361 Cost Description Qty Per $ 450.00 Tripp Lite PDU Metered 120V 1.44kW 36 NEMA 5-15R 5-15P 15ft Cord 72in 0URM (PDUMV15-72) 2 225$ 300.00 Tripp Lite Basic PDU, 15A, 13 Outlets (5-15R), 120V, 5-15P Input, 15 ft. Cord, 1U Rack-Mount Power 2 150$ 100.00 Tripp Lite 1000ft Cat6 600MHz Gigabit Bulk Solid PVC CMR Cable Blue 1000' 1 100$ 300.00 Neat Patch 2U Cable Management Kit - 2 Packs w/ 48 CAT6 Patch Cables (2FT Black) 1 300$ 600.00 Leviton 69586-U48 eXtreme 6+ Universal Patch Panel, 48-Port, 2RU, CAT 6. Cable Management Bar 1 600$ 240.00 Leviton Cat 6 Patch Cable 5ft (24) 24 10$ 300.00 Tripp Lite Rack Enclosure Cabinet Cantilever Fixed Shelf 60lb Capacity 2URM 4 75$ 300.00 Tripp Lite Rack Enclosure Cantilever Tool-less Mount Fixed Shelf 1URM 4 75$ 1,000.00 Misc. - Wire Mgt. - Supplies 1 1000$ 3,590.00 Total

8.f
Packet Pg. 182
Attachment: City Provided Network Hardware for Giant Services Installation (5015 : Fire Station Alerting) Joint Special Council/BFPD
05/16/22 07:00 PM
Code Compliance
Mary Willbond
Public Hearing
Doc ID: 5018

COUNCIL RESOLUTION
AGENDA MATTER:

PROTEST HEARING - UNPAID NUISANCE ABATEMENT FEES
EXECUTIVE SUMMARY:

Conduct a protest hearing for those property owners who have been notified regarding an assessment for certain unpaid nuisance abatement fees.

DISCUSSION:

At the meeting on April 18, 2022 the City Council set May 16,2022 at 7:00 p.m. as the date and time for a hearing regarding the report of unpaid nuisance abatement fees.

The hearing is for property owners who have been notified by letter regarding an assessment for certain unpaid nuisance abatement fees.

Records are updated as payments are received from property owners. Delinquent amounts are reflected as of April 18, 2022.

FISCAL IMPACT:

Accounts will be forwarded to the County of San Bernardino. Upon adoption of the resolution, the past due nuisance abatements will be added to the property owners' property tax bill for collection. At this time, there is $5,368.88 in past due nuisance abatement fees.

RECOMMENDED ACTION:

Conduct a protest hearing. Subject to testimony received, adopt attached Resolution No. ______2022, Making Determinations and Confirming Assessments and Proceedings for Unpaid Nuisance Abatement Fees, and waive the reading.
9 Packet Pg. 183
City Council Resolution No XXXX-2022 1
RESOLUTION NO. ____-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA

MAKING DETERMINATIONS AND CONFIRMING ASSESSMENTS AND
PROCEEDINGS FOR UNPAID NUISANCE ABATEMENT FEES FOR APN # 0181-086- 04-0000, BARSTOW, CA 92311
WHEREAS, the vacant parcel APN # 0181-086-04-0000, Barstow, California was not maintained in accordance with Chapter 6.28 of the Barstow Municipal Code; WHEREAS, the owner of said property allowed the property to deteriorate; WHEREAS, on September 2, 2021, City officials commenced nuisance abatement proceedings pursuant to Chapter 6.28 of the Barstow Municipal Code; WHEREAS, after the property owner failed to correct the nuisance conditions, an abatement hearing was duly noticed and conducted, at which time the property was deemed a public nuisance;
WHEREAS, pursuant to the decision of the hearing officer and after obtaining an Abatement Warrant from the Superior Court, contractors were engaged to perform specified work to secure the property and obscure unsightly conditions; WHEREAS, the owner has been advised of the costs of abatement in the sum of $5,368.88 but has failed to tender payment within the fifteen (15) day period; WHEREAS, the City seeks recovery of abatement costs, and conducts a protest hearing to confirm the abatement costs pursuant to Sections 6.28.180 through 6.28.220 of the Barstow Municipal Code in order for said costs to become a lien on the property and a personal obligation against the property owner;
WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City an assessment for unpaid abatement costs in said City, in accordance with Section 6.28.180 through 6.28.220 of the Barstow Municipal Code; WHEREAS, the City Manager has, as required, given notice of time fixed for the hearing by the City Council;
WHEREAS, the property owner and affected parties involved in this assessment have been duly notified of the date, time and place of said hearing 15 days prior to said hearing; WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on May 16, 2022 in the City Council Chambers, 220 E Mountain View Street, Barstow, California, the time and place fixed in such notice;

9.a
Packet Pg. 184 Attachment: Resolution No# 0181-086-04-0000 Hoon (002) (5018 : Protest Hearing - Property Abatement Liens and Assessments) City Council Resolution No XXXX-2022 2
WHEREAS, during the aforementioned hearing, all protests or objections, if any, were duly presented and the City Council gave all persons noticed and present desiring to be heard, an opportunity of be heard in respect to any matter relating to said assessment, to the corrections of said assessment, or to any matter relating to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and
WHEREAS, all such persons desiring to be heard have been heard by the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. That said hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment; the proceedings and all matters relating thereto; and that all protests and objections are hereby overruled and denied; and the City Council does hereby confirm said proceedings and said assessment.

Section 2. That cost for the abatement is confirmed in the amount of $5,368.88 and shall be assessed against the benefiting property and shall be assessed as a lien on the property benefited thereby, with the lien being included on the tax roll for taxes levied against the property.

Section 3. That the cost of the abatement, as confirmed, shall also be a personal obligation against the property owner, Judith L. Hoon Trust, per Section 6.28.210 of the Barstow Municipal Code.

Section 4. That the parcel to be liened and the itemized costs of the abatement for said lien is set forth on Exhibit “A” in the total sum of $5,368.88 attached hereto and made a part hereof.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF MAY, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
_____________________________
Andrea Flores, City Clerk

9.a
Packet Pg. 185 Attachment: Resolution No# 0181-086-04-0000 Hoon (002) (5018 : Protest Hearing - Property Abatement Liens and Assessments) City Council Resolution No XXXX-2022 3
I, Andrea Flores, City Clerk of the City of Barstow do hereby certify that the foregoing Resolution No. ____-2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Andrea Flores, City Clerk

9.a
Packet Pg. 186 Attachment: Resolution No# 0181-086-04-0000 Hoon (002) (5018 : Protest Hearing - Property Abatement Liens and Assessments) 220 East Mountain View Street, Suite A, Barstow, California 92311-2839 Ph: 760-256-3531 Fax: 760-256-1750 www.barstowca.org
April 21, 2022
Hoon Judith L 2 & 23 & 09
c/o Christopher Summers
2929 Madrona St.

Bellingham, WA 98225
RE: Barstow APN # 0181-086-04-0000 vacant parcel
Mr. Summers,
Notice is hereby given that a hearing has been scheduled before the Barstow City Council on May 16, 2022 at 7:00 p.m. to hear your protest and/or objection on the assessment for the unpaid costs that accrued as a result of a nuisance abatement. On September 2, 2021, you were notified in writing of the balance due to the City of Barstow to cover the expenses to abate the parcel.

After the adoption of the proposed resolution on Monday, May 16, 2022, a lien will be placed against the property if the balance due is not received in full by 5pm on Thursday, May 5, 2022. The special assessment will consist of the delinquent amount, penalties and interest, and fees; additionally, you will be responsible for the administrative cost associated with recording and releasing the lien.

The City Council and staff thank you for your cooperation. If you have any questions regarding participation in the City Council meeting/hearing, please call the City Clerk’s Office at 760-255-5122.

Sincerely,
Mary Willbond
Code Compliance Supervisor,
Phone: (760)255-5190
Email: [email protected]
Enclosure: Barstow Municipal Code Section 6.28.200

9.b
Packet Pg. 187 Attachment: Hoon notice to lien 5.16.22 CR edits (002) (5018 : Protest Hearing - Property Abatement Liens and Assessments) Sec. 6.28.200. - Collection of costs of abatement by nuisance abatement lien. (a)As an alternative to the procedure contained in section 6.28.190, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code § 38773.1 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.(b)A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance existed, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county pursuant to Government Code § 6062.(c)The nuisance abatement lien shall be recorded in the county recorder's office and from the date of recording shall have the force, effect, and priority of a judgment lien.(d)A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.(e)In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (d) of this section shall be recorded by the city.(f)A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.(g)The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.(h)The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

9.b
Packet Pg. 188 Attachment: Hoon notice to lien 5.16.22 CR edits (002) (5018 : Protest Hearing - Property Abatement Liens and Assessments) Joint Special Council/BFPD
05/16/22 07:00 PM
Environmental Services
Wesley Garrison
Ordinance
Doc ID: 5008

COUNCIL ORDINANCE
AGENDA MATTER:

FIRST READING AND INTRODUCTION OF ORDINANCE AMENDING CHAPTER 13, SECTION

13.04.020 (DEFINITIONS) AND SECTION 13.20 (INSPECTIONS) OF THE BARSTOW MUNICIPAL CODE
EXECUTIVE SUMMARY:

A correction to ordinance number 965-2019 Industrial User Local Discharge Limitation Table is required to update Petroleum Hydrocarbons daily limit based on the study that was completed a few years ago. In addition, the city needs access to public utilities within easements, reservations, or right-of-way in or surrounded by private property.

DISCUSSION:

During an annual audit of ordinance number 965-2019, there was an error found in the Industrial User Local Discharge Limitation Table. Changing Total Petroleum Hydrocarbon limit from 0.50mg/l to 5.0mg/l.

This change has been tested and will have no impact on the City’s Wastewater Treatment Plant or its discharge permit.

During the same audit staff found no legal language in the Barstow Municipal Code (BMC) providing city employees legal access to public utilities within easements, reservations, or right-of-way in or surrounded by private property, if access is not granted, within reason, legal actions will be implemented. This section of the ordinance is instrumental in giving the City the ability to access, maintain, and repair the City’s utilities and deal with the issues associated with these types of activities.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Staff recommends the City Council take the following action:

1. Approve the first reading and introduce, by title only, Ordinance No. ____-2022 , amending Chapter

13.12.340. The ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections 15060(c)(2}, 15060(c)(3}, 15061(b)(3} and 15378(b)(4).

2. Direct the City Clerk to bring the ordinance back to the City Council for the second reading and adoption at the next regularly scheduled meeting.

3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963. 10 Packet Pg. 189
1 275856.3
ORDINANCE NO. ____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BARSTOW AMENDING SECTION 13.04.020
(DEFINITIONS) AND SECTION 13.20 (INSPECTIONS) OF THE

BARSTOW MUNICIPAL CODE
WHEREAS, the City owns and operates public utility facilities within easements, reservations, or right-of-way in or surrounded by private property; and WHEREAS, the City wishes to clarify that it has the right to access these public utility facilities in order to construct, reconstruct, renew, alter, operate, maintain, inspect, repair, and replace these public utility facilities, subject to any site-specific or contractual restrictions that may exist; and
WHEREAS, the City further declares that the purpose of this ordinance is to state its position and to clarify the existence of property rights that have previously been acquired; and
WHEREAS, the City’s declaration and clarification of existing property rights shall not be construed to be a new acquisition, taking, or other action subjecting the City to any claim of liability or compensation.

NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:

SECTION 1. Incorporation of Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.

SECTION 2. Barstow Municipal Code Section 13.04.020 is amended to read as follows, with additions shown in underlined text and deletions show in strike through text:

13.04.020 Definitions
For the purposes of his chapter, unless the context specifically indicates otherwise, the meaning of terms used shall be as follows:

BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade (Celsius), expressed in milligrams per liter.

Building drain means that part of the lowest horizontal piping of a plumbing system which receives the discharges from water-carried wastes within a building and conveys it to the building lateral, beginning five feet outside the building wall.

10.a
Packet Pg. 190 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 2 275856.3
Building lateral means the extension from the building drain to the public sewer or another place of disposal.

Contamination means allowing the quality of the waters to become impure by contact or admixture with wastewaters to a degree which becomes a hazard to the public health through poisoning or spread of disease.

Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

Industrial waste means nondomestic liquid or semisolid waste from industrial, manufacturing, or processing operations.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

Nuisance means discharge of wastewater in violation of city regulations or orders, which is or could be harmful to or unreasonably affect the wastewater collection, treatment facilities of the city, or groundwater.

Person means any individual, partnership, firm, association, society, company, corporation, or agency, including the state and the United States of America. pH is a measure of the concentration of free hydrogen ions in water or wastewater.

Pollutant means any type of waste material discharged in the water.

Pollution means an alteration of the quality of the waters by pollutants to a degree which unreasonably affects such waters for beneficial use or affects facilities which serve such beneficial uses.

Premises means any real property, place, or parcel of land including buildings or other structures used or useful for human habitation or gathering or for carrying on a business or occupation.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city's wastewater system or groundwater. The reduction or alteration can be obtained by physical, chemical, or biological processes, or through process changes or other means.

Private disposal system means a facility intended to be used for the disposal of sewage on private property, including privy, septic tank, cesspool, and leach lines.

Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that has been shredded so that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

Public sewer means a sewer within a public right-of-way or easement. Laterals connecting building drain to a sewer main are not public sewers although they may be partially located in a public right-of-way or easement.

10.a
Packet Pg. 191 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 3 275856.3
Public utility facility means a public sewer or utility pipe or facility and other laterals, pipes, buildings, or appurtenances, for the provision of water, light, heat, communications, power or garbage services, for flood control, drainage or sanitary purposes, or sewage collection, treatment, or disposal.

Regional Board means the State of California Regional Water Quality Control Board— Lahontan Region, which has control over the entire city area.

Secondary treatment means the treatment process of the wastewater effluent received from the primary process and involves more mechanical, chemical, or biological treatment, such as filtration, aeration, and chlorination.

Septic tank means a tank in which sewage is allowed to remain until purified by the action of anaerobic bacteria.

Sewage means a combination of the water-carried wastes from residences, businesses, institutions, commercial and industrial establishments.

Sewer or sanitary sewer means a pipe or conduit system for carrying sewage.

Slug means any discharge of water, sewage, or industrial wastes in concentration, or any given constituent in quantity of flow exceeding a period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

Wastewater capital improvement fund means the funding established by the city to finance the improvements and replacements of the public sewer system and wastewater reclamation or treatment plant.

Wastewater reclamation fund means the funding established by the city to finance the public sewer service and the operation of the wastewater reclamation or treatment plant.

SECTION 3. Barstow Municipal Code Chapter 13.12.340 Local discharge limitations for significant industrial users is amended to read as follows, deletions show in strike through text:

Constituent Daily Maximum
Constituent
Discharge Limit in
Milligrams/Liter
Arsenic 0.249
Bio-Chemical
Oxygen Demand
(BOD 5 )
billable constituent
Boron 1.0
Cadmium 0.2

COD N/A
Chloride1 WS+200
Copper 2.0

10.a
Packet Pg. 192 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 4 275856.3
Cyanide 1.0
Fats, Oils and
Grease
50 Fluoride 3.8
Chromium (Total) 0.05
Lead 1.8
Methylene Blue
Active Substances
40 Mercury 0.05
Molybdenum 0.1
Nickel 2.2
Nitrate as NO 3 WS + 10
Nitrogen, Ammonia 50.0
PCB 0.0
Pesticides 0.0
pH 5.5-9.5
Phenol 0.05
Selenium 0.023
Silver 2.5
Sodium1 WS + 110
Sulfate1 WS + 140
Temperature 140ºF at Discharge
Point
Total Dissolved
Solids (TDS)1
WS + 1600.0
Total Petroleum
Hydrocarbons
(TPH)

0.50 5.0
Total Suspended
Solids (TSS)
billable constituent
Zinc 1.8
SECTION 4. Barstow Municipal Code Chapter 13.20 is amended to read as follows, with additions shown in underlined text and deletions shown in strike through text:

Chapter 13.20 Inspections, Easements, and Rights of Entry

13.20.010 Purpose

10.a
Packet Pg. 193 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 5 275856.3
A. It is the City’s intent that all public utility facilities will be located within dedicated public streets, easements, reservations, or rights-of-way, unless specifically approved by the City for construction within other types of easements.

B. The City shall have access to every public utility facility to respond to and resolve emergencies, perform inspections, operation and maintenance, rehabilitate, repair, and reconstruct public utility facilities located within dedicated public streets, easements, reservations, or rights-of-way.

13.20.0120 Right of Entry
A. The city engineering services division and other duly authorized employees, contractors, and consultants of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of chapters 13.08 through 13.24.

B. The city engineering services division and other duly authorized employees, contractors, and consultants, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of maintenance, rehabilitation, repair, and reconstruction of public utility facilities located within dedicated public streets, easements, reservations, or rights-of-way.

13.20.020. - Company indemnified by city.

While performing the necessary work on private properties referred to in section

13.20.010, the city engineering services division or fully authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees. The city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by the company's negligence or failure to maintain safe conditions as required in BMC chapter 13.12.

13.20.030 Responsibility of City
A. All easements, dedications, or reservations shall be in a form acceptable to the City. All easements, dedications, or reservations revised or newly entered into after the effective date of the ordinance adding this section to the Barstow Municipal Code shall not be subject to outstanding obligations to relocate such public utility facilities or to any deeds of trust, except in instances where such is determined by the City to be in the best interests of the City or as otherwise required by law.

10.a
Packet Pg. 194 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 6 275856.3
B. The City shall not be responsible for the costs of removal of obstructions preventing reasonable access to public utility facilities within easements, reservations, or rights-of-way on private property, nor shall such removal, pruning or required modifications of landscaping or hardscaping provide a basis for compensation to the property owner, unless otherwise required by law.

C. The City shall not be liable for any damage to any Person’s improvements placed upon said parcel due to the City’s operations using reasonable care, unless otherwise required by law. The City accepts no responsibility for or liability to Person or any other party for any damages arising out of the installation, use, maintenance, ownership, or operation of other public utility facilities or any other improvements within City’s easement and right of way.

D. The City shall have the right, but not the obligation to cut, trim, remove trees, brush, and/or remove other unauthorized obstructions which may impede or interfere with public utility facilities.

13.20.040 Requirements of Owner
A. Every public utility facility shall be constructed within the City’s public street rights-of-way, within dedicated easements, or within exclusive easements granted to the City.

B. Every applicant for a new or modified public utility facility shall grant to the City an easement for the purpose of installing, maintaining, repairing, and removing the City’s service connection and for the purpose of reading the meter, in a form acceptable to the City’s engineering services division and the City Attorney.

C. The property owner shall not allow any obstructions which may impede or interfere with the City’s use of or access to said easement.

D. Should any of the public utility facilities within said easement be required to be relocated or repaired as a result of changes in grade or other construction within the easement, the property owner or their successors and assigns shall bear the full cost of such relocation or repair, unless changes in grade or other construction are done with the prior written consent of the City.

E. No buildings, structures, walls, fences, or trees, including the drip line, shall be placed upon, over, or under said parcel of land within the easement for the duration of this easement, except as shown on improvements plans approved by

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Packet Pg. 195 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 7 275856.3
the City and except that said parcel may be improved and used for street, road or driveway purposes trail, path parking lot, non-vehicular public access, or shallow root landscaping purposes and for other utilities, insofar as such use does not interfere with the City’s use of and access to the easement for the purposes for which it is granted.

Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2}, 15060(c)(3}, 15061(b)(3} and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment.

Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Section 7. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

Section 8. Construction. To the extent the provisions of the Barstow Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this ordinance, they shall be read as continuations of those earlier provisions and not as new enactments.

Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.

PASSED, APPROVED AND ADOPTED this 6
th day of June, 2022.
__________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk

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Packet Pg. 196 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) 8 275856.3
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2022, which was introduced at a meeting of the City Council of the City of Barstow held on the 16th day of May, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 6 th day of June, 2022,
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Andrea Flores, City Clerk

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Packet Pg. 197 Attachment: Agenda (5008 : First Reading and Introduction of Ordinance Amending Chapter 13 of the Barstow Municipal Code) Joint Special Council/BFPD
05/16/22 07:00 PM
Environmental Services
Kody Tompkins
Contract
Doc ID: 4755

AGENDA ITEM
AGENDA MATTER:

INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT EXECUTIVE SUMMARY:

The City Council is asked to award a ten-year professional services contract to High Desert Support Services, LLC, of $217,966,940.80 for the services listed out in the Installation Support Services for Fort Irwin operation over the ten-year contract.

DISCUSSION:

City staff has worked closely with the Fort Irwin National Training Center to find opportunities to lower costs by utilizing an Inter-Governmental Support Agreement (IGSA). Over the past few years, the City has successfully implemented a few different ISGA’s with the Marine Corps Logistics Base Barstow to reduce government costs and more recently Council approved the Stray Animal Control Services ISGA with Fort Irwin. Over the past few months, the City has engaged in several opportunities between Fort Irwin and the City of Barstow that we believe can obtain those goals. One of those activities would be Installation Support Services for the Fort Irwin Installation. In addition, the City will be a pass-through for Fort Irwin’s expenses for the Installation Support Services with a 3% administration fee.

FISCAL IMPACT:

Fort Irwin Pass-through expense: 100.320.210 $217,966,940.80 City of Barstow Processing Fee 3%: 100.819.788.927 $6,539,008.22 RECOMMENDED ACTION:

Staff recommends that the City Council:
1) Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $217,966,940.80 (Over ten years) for the Installation Support Services. 2) Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow. 11 Packet Pg. 198

INTERGOVERNMENTAL

SUPPORT AGREEMENT

HANDBOOK
HQ, U.S. Army Installation Management Command
Version 5 –
AUGUST 2021

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Packet Pg. 199 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 1 PREFACE
The Army’s Installation Management Command (IMCOM) has established an Intergovernmental Support Agreement (IGSA) Program Office (PO) to support IMCOM garrisons with the identification, development, and execution of IGSAs. The goals of the IMCOM IGSA PO are to enhance Army readiness, promote cost savings/cost avoidance, gain efficiencies, improve the quality of life for Soldiers and families, and strengthen installationcommunity relationships. The IMCOM IGSA PO works closely with the IMCOM Installation Directorates (IDs) and the Office of the Deputy Chief of Staff, G9 Partnership Office to promote an institutional mindset that relies on partnerships to ensure mission readiness in an era of reduced resources.

This handbook provides general guidance and best practices to garrisons that are pursuing their first IGSA or are looking to build an IGSA portfolio. It is recommended that the garrisons work closely with their respective ID and the IMCOM IGSA PO to assist in these efforts. This handbook is a living document and will be updated as needed. All comments or recommendations for improvement will be forwarded to the IMCOM IGSA PO for consideration.

IMCOM IGSA Program Office
The IMCOM IGSA PO is supported by the IMCOM IGSA Program Manager (PM) and IMCOM Program Specialists (PSs).The IMCOM IGSA PM and PSs can be reached at [email protected].

IMCOM maintains a Partnership SharePoint site as a central database for partnership policy, guidance, IGSA templates and examples, and points of contact at garrisons with active IGSA programs. The site can be accessed at https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx, or from the IGSA Program link at the bottom of the HQ IMCOM Sharepoint home page.

HQDA, G9 Partnership Office
The G9 Army Chief of Partnerships and G9 Partnership Office hosts a website dedicated to its partnership program that includes useful information, including legislative and regulatory resources, partnership news, success stories, and other related community partnership information. Visit http://dcsg9.army.mil/partnerships/ to learn more.

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Packet Pg. 200 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 2 Contents
PREFACE ...........................................................................................................................1

1. GENERAL ..................................................................................................................4

1. 1 BACKGROUND.......................................................................................................4

1.2 PURPOSE..................................................................................................................4

1.3 IGSA AUTHORITY.....................................................................................................4

1. 3. 1 KEY PROVISIONS OF AN IGSA:.................................................................4

1. 4 ROLES AND RESPONSIBILITIES ..................................................................................5

1. 4. 1 IMCOM ..............................................................................................................5

1. 4. 2 IMCOM DIRECTORATES ................................................................................5

1. 4. 3 GARRISON LEADERSHIP...............................................................................5

2. IGSA CONCEPT DEVELOPMENT........................................................................6

2. 1 OVERVIEW................................................................................................................6

2.2 IGSA CONCEPT IDENTIFICATION..........................................................................6

2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES............................................6

2. 2. 2 COLLECT DATA AND REQUIREMENTS .......................................................6

2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs...............7

2.3 IGSA CONCEPT PACKET DEVELOPMENT.............................................................7

2. 3. 1 GARRISON COMMANDER MEMO....................................................................8

2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET................................................................8

2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION................................8

2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM..............9

2.4 FINAL REVIEW....................................................................................................... 10

2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW ................................................... 10

2. 4. 2 GARRISON COMMANDER APPROVAL......................................................... 10

3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL............................................11

3. 1 DELEGATION OF APPROVAL AUTHORITY......................................................... 11

3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000 ..................................... 11 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000.............. 11

3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000.................................... 11

4. IGSA EXECUTION AND MANAGEMENT...............................................................11

4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT) .............................................. 12

4.2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES................................... 12

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Packet Pg. 201 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 3 4.3 IGSA PAYMENT PROCEDURES............................................................................ 12

4.4 IGSA MODIFICATION / TERMINATION / RENEWAL........................................... 14 ANNEX A – 10 USC 2679 ...............................................................................................16 ANNEX B – PARTNERSHIP AUTHORITIES....................................................................18 ANNEX C– INSTALLATION SUPPORT CATEGORIES ................................................20 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs: ..................25 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL........................................27 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs ...........28 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY ..................................32 ANNEX H – IGSA CONCEPT PACKET TEMPLATES...................................................38 Enclosure 1 IGSA Coversheet...................................................................................... 40 Enclosure 2 Course of Action Determination ........................................................... 41 AbilityOne Example Letters Of Intent ........................................................................ 44 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE.......................................46 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE APPOINTMENT MEMORANDUM TEMPLATE.........................................................................................63 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE................................65

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Packet Pg. 202 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 4 1. GENERAL

1. 1 BACKGROUND
The 2013 National Defense Authorization Act (NDAA), Section 331, provided authority to the Military Service Secretaries to enter into Public-Public partnerships with local and state governments, called Intergovernmental Support Agreements (IGSAs), for installation support services. This legislation was codified as Title 10 United States Code (USC) 2336. The 2015 NDAA, section 351, moved the IGSA program from Section 331, a procurement section of Title 10, to 10 USC 2679, a facilities management section of Title 10, to clarify Congressional intent that the IGSA program is divorced from the requirements contained in the Federal Acquisition Regulation (FAR). The 2018 NDAA expanded the term limit of IGSAs from five years to ten years, further incentivizing partnerships between military installations and local governments for installation support services. The 2021 NDAA directed the Secretary of Defense to establish a pilot program to ensure installation commanders retained at least 25% of the savings realized from IGSAs and require installations to report how those savings were spent on sustainment, restoration, and modernization projects that were either unfunded or underfunded.

1. 2 PURPOSE
The purpose of this handbook is to provide guidance and general standardization for the use of IGSAs for IMCOM Garrisons. This handbook is a tool for Garrison Commanders (GCs), Functional Proponent Subject Matter Experts (SMEs), Resource Management Offices (RMOs), designated garrison IGSA Managers (IGSA-Ms), and designated garrison IGSA Technical Representatives (IGSA-TRs).

This handbook is a supplement to the Department of the Army’s Execution Order (EXORD) for IGSAs and IMCOM’s Operation Order (OPORD) for IGSAs. This handbook does not replace the need to reference official partnership authorities and policies (Annex B). The partnership doctrine listed in Annex B can be accessed from the IMCOM Partnership SharePoint Site (https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx).

1. 3 IGSA AUTHORITY
An IGSA is a Public-Public Partnership that authorizes the Military Services to receive, provide, or share installation support services with a State or local government. The following are key provisions of IGSAs in accordance with (IAW) 10 USC 2679:

1. 3. 1 KEY PROVISIONS OF AN IGSA:
 Ability to provide, receive, or share installation-support services  Not subject to Federal Acquisition Regulations (FAR)
 Ability to sole-source with state or local governments  Ability to use wage grades normally paid by state or local governments  Must enhance mission effectiveness or create efficiencies or economies of scale including by reducing costs
 The proposed provider must already provide the service for its own use  Excludes security guard or firefighting from the definition of installation services  The term of an IGSA cannot exceed ten (10) years, but may be renewed  IGSAs cannot be used to circumvent the requirements of Office of Management and

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Packet Pg. 203 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 5 Budget Circular A-76 (OMB A-76) regarding public-private competitions  State or local governments that contract out IGSA work must use a competitive process
 Services transitioned to IGSAs must be Operations and Maintenance, Army (OMA)-funded

1. 4 ROLES AND RESPONSIBILITIES
Due to the significant cost savings that the IMCOM IGSA portfolio has produced (IGSAs are averaging a 30% reduction in cost for services), the IMCOM Commanding General has directed garrisons to find IGSA opportunities wherever possible to generate cost savings and/or avoidances as well as enhance relationships with local defense communities. All parties listed below play a role in meeting Commander’s intent for IGSA development and execution.

1. 4. 1 IMCOM
The IMCOM IGSA PO will support the garrisons throughout the IGSA development process, to include concept identification, concept packet development and approval, and execution of the IGSA. The IMCOM IGSA PM will staff the garrison IGSA concept packets for IMCOM and Department of Army review, endorsement, and approval. The IMCOM IGSA PO will manage the IMCOM Partnership SharePoint site to ensure garrisons have full access to IGSA policy, guidance, templates, and examples.

1. 4. 2 IMCOM DIRECTORATES
The IDs are responsible for review and endorsement (or return as appropriate) of their respective garrison proposed IGSA concept packets (Section 2.3) using the processes and business rules outlined in the IMCOM OPORD for IGSAs. The IDs will report on a quarterly basis to the IMCOM CG for each of their installations the status of progress toward transition of contracts to IGSAs, execution of transaction documents for approved concept packets, successes, and challenges. Additionally, IDs will compile semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to the IGSA PO.

1. 4. 3 GARRISON LEADERSHIP
All garrisons are directed to explore opportunities with State and local governments and municipalities to enter into IGSAs IAW the HQDA EXORD and IMCOM OPORD for IGSAs.

Garrisons will review contract portfolios for expiring installation support services contracts for possible transition to an IGSA. The GCs will determine and designate the roles and responsibilities at the local level for IGSA development, execution, and management. The GCs will report the status of progress toward transition of contracts to IGSAs, successes, and challenges on a quarterly basis to their respective ID. Additionally, Garrisons will complete semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to their respective ID.

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Packet Pg. 204 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 6 2. IGSA CONCEPT DEVELOPMENT

2. 1 OVERVIEW
The development of an IGSA involves multiple phases, to include initial discussions with a state or local government partner, identification of desired partnership opportunities, development of an IGSA concept packet for approval, and development and execution of the transaction document. All activities and advancements that take place during the concept development phase are considered ‘pre-decisional’, which means that the appropriate approval authority (Section

3.1) has not yet determined that the IGSA is in the best interest of the Army. Garrisons should review in full the HQDA EXORD and IMCOM OPORD for IGSAs to fully understand the requirements of IGSA concept development, approval, transaction document execution, and management.

NOTE: Not all Public-Public partnerships will require the IGSA authority, therefore, it is a general best practice to leverage existing Department of Defense legislative authorities that permit various partnership agreements when pursuing community partnerships with local or state governments. Annex B provides a list, with descriptions, of additional partnership authorities and regulations for consideration during the development of a partnership concept. Annex E provides additional resources for determining which partnership authority to pursue.

2. 2 IGSA CONCEPT IDENTIFICATION
IGSA concept identification begins with a review of the installation’s contract portfolio. Due to the significant cost savings and resource efficiency opportunities, all contracts should be analyzed for possible conversion to an IGSA. IGSA concepts may also emerge from both informal discussions and official meetings with potential State or local governments, or stem from an unfulfilled requirement that needs a solution. See Annex D for a list of potential services that could be executed through an IGSA.

2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES
Once the Garrison determines that an IGSA is the desired partnership tool, the Garrison will determine roles and responsibilities for development of the IGSA concept packet. Depending on the nature and complexity of the IGSA concept, there may be multiple offices collaborating to develop the IGSA concept packet.

NOTE: There is no official policy that establishes specific roles and responsibilities for IGSA development. Typically, this effort is driven by the service SME, and responsibilities will vary depending on what service requirement is under consideration for an IGSA (e.g., a Computer Aided Dispatch or Ambulance Services IGSA will likely be developed by Department of Emergency Services). Recommended roles and responsibilities for IGSA development, execution, and management can be found in Annex F.

2. 2. 2 COLLECT DATA AND REQUIREMENTS
Data and requirements collection will begin during the initial stages of IGSA concept identification. At minimum, the garrison and community partner, in the development of the IGSA concept, will need to articulate the background, challenges, and cost proposal information for the installation support service under consideration. Data collection should always include the needs and capacities of the potential IGSA partner.

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Packet Pg. 205 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 7 Garrisons should reference the IGSA talking points and communication guidance developed by the IMCOM Public Affairs Office (PAO) (Annex D) prior to engaging with a potential public partner. It is recommended that the team developing the IGSA concept coordinate with the local PAO and Legal office prior to engagement with potential partners.

2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs Army policy IAW Department of Army EXORD 200-16 requires notification to the AbilityOne Commission when transitioning from AbilityOne contracts to IGSAs. When a garrison decides to convert an AbilityOne provided service from an AbilityOne contract to an IGSA, the garrison will notify the IGSA PO of its intentions regardless of whether they have already started seeking partners. The IGSA PO will then coordinate with and send notification to the AbilityOne Commission of Army’s intent to pursue an IGSA at some point for that service. At this point, the garrison will continue working with public partners to obtain their quote(s).

HQ IMCOM will provide the AbilityOne Commission 45 days from the time of notification an opportunity to work with Source America and the AbilityOne service provider to determine a Best-and-Final price for the services provided under contract at the garrison. Once the IGSA PO has received the Best-and-Final from the AbilityOne Commission and the public partner’s quote from the garrison, the IGSA PO will notify the installation to either begin developing the IGSA concept packet IAW Section 2.3, or to continue with the contract and abandon pursuing the IGSA if the Best-and-Final is a better value to the government. If it is not the best value, this Best-and-Final price is included in the garrison IGSA concept packet as a COA for side-by-side comparison with other COAs including the public partner’s proposal for services. If the IGSA PO does not receive a Best-and-Final price from AbilityOne, the garrison will use the current contract price in the IGSA concept packet, e.g., Status Quo COA).

The Army will not use IGSA authority recklessly and will consider all potential issues surrounding the displacement of an AbilityOne contract for an IGSA with a public partner. To that end, garrison leadership will discuss with their interested public partner the requirement for them to consider employment of some if not all of the current AbilityOne contracted workforce.

As part of the concept packet submittal, the garrison must obtain a letter of intent (LOI) from the partner and, if applicable, their subcontractor indicating their commitment to retain as many of the current disabled employees as possible by offering them first right of refusal to keep their job. Example LOIs for first right of refusal are included in Annex H.

2. 3 IGSA CONCEPT PACKET DEVELOPMENT
After the IGSA concept has been identified and roles and responsibilities have been established, the Garrison will work, at times with the proposed IGSA partner, to develop the IGSA concept packet. There are three primary requirements for the IGSA concept packet that is submitted as one document with enclosures (templates and examples included in Annex H):
 Garrison Commander Memo
 Enclosure 1 IGSA Coversheet
 Enclosure 2 Course of Action Determination (COA)
 Request for Services Contract Approval (RSCA) Form
 Letters of Intent (for AbilityOne contracts)
NOTE: Depending on the scale and complexity of the IGSA, additional materials may be

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Packet Pg. 206 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 8 required in support of the IGSA Concept Packet (e.g.: technical exhibits, Small Business Administration (SBA) or AbilityOne coordination documentation, a Performance Work Statement, written documentation that the partner has the capacity to perform the services).

Garrisons can solicit assistance from their ID staff and the IGSA PO for information on concept packet development and what steps to take next.

2. 3. 1 GARRISON COMMANDER MEMO
The GC Memo will contain the following: Scope, Discussion, Benefit Analysis, and Risk Analysis. NOTE: GC Memo along with the completed IGSA Concept Packet will be sent to the IGSA PO for concurrent staffing and review at the ID.  Scope - describes what the installation support service is and who will provide it.  Objectives – What are the goals/objectives of the partnership  Discussion - includes all essential information regarding the proposed IGSA concept.

Such as current situation, potential savings, and the proposed duration of the IGSA.  Benefit Analysis - explains why the IGSA concept is a good deal for the Army or the community. This section does not require great detail (that will be found in the IGSA Course of Action Determination) but will include critical IGSA requirements, such as cost savings or avoidance, efficiencies achieved, and benefits to Army and the community.
 Risk Analysis - describes what might complicate implementation of the IGSA concept and provides recommendations to reduce or eliminate them.

2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET
The IGSA coversheet contains information that will be used to support the auditability of the IGSA program at installation and HQ IMCOM levels. This enclosure will accompany all IGSA packets.

2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION
The Course of Action Determination is comprised of the following requirements: Constraints of Analysis; Courses of Action; Selection Criteria and Decision Matrix; and Recommendation:
 Constraints Analysis - comprised of two sections: Facts and Assumptions. A fact is something that is empirically true and can be supported by evidence. It is important to include only relevant facts – those items of information that have a direct bearing on the IGSA COA Determination being developed. An assumption is a factor or condition that is not empirically true but is essential to the success of the solution and that is outside of the control of the installation (it may be however within the control of the State or local government). Assumptions help to define ground rules to limit the scope of the IGSA COA Determination. They are explicit statements of conditions on which the IGSA COA Determination is based.  Courses of Action (COA) - requires at a minimum two COAs: the Status Quo and an alternative. The status quo (also known as the “As-Is” state), is the current “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared. One alternative will be the proposal from the State or local government. In describing a COA, it is important to provide information on what it does or will do and what risks will be involved (if any) in the implementation or execution of the COA.
 Selection Criteria Decision Matrix - another way to describe this is a sensitivity

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Packet Pg. 207 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 9 analysis. In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission effectiveness, creating efficiencies, creating economies of scale, and by reducing costs. These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise. The 5 IGSA Selection Criteria Factors for any IGSA Concept will be, “Readiness,” “Efficiencies,” “Modernization,” “Cost,” and “Quality of Life.” Each decision criteria will be assigned a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse. You may score each criterion with the same number across different COAs. Remember, this step is not a ranking; it is a matrix.
 Detailed cost comparison - will look at what the installation is currently paying for services line by line and then that will be cross-referenced against the recommended IGSA for comparison.
 Recommendation - Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives.

Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.

2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM All service based IGSAs require a Request for Services Contract Approval (RSCA) Form IAW paragraph 8 of the RSCA Instructions. The RSCA must be submitted as an attachment to the IGSA Concept Packet.

For IGSAs, the RSCA form is filled out and signed by the subject matter expert or IGSATR as the preparer. If the total period of performance cost of the IGSA is under $250K, the GC can approve and sign the RSCA form. For IGSAs with a total period of performance cost over $250K, the RSCA approval signature is left blank, and the RSCA form is submitted along with the IGSA Concept Packet for approval at the appropriate level as described below:

RSCA approval authority:

ID Directors: NTE total contract value (TCV) of $25M
IMCOM EDCG: NTE TCV $50M
AMC EDCG $50M and above.

NOTE: NON-service IGSAs like commodity purchases (Ex: Bulk Salt Purchase IGSAs) do not require an RSCA Form.

Please reference the IGSA SharePoint website for the RSCA Form, How To Guide, and APMP Directive. You can find these resources underneath the “Policy” and “IGSA Templates and Resources” tabs.

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Packet Pg. 208 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 10 2. 4 FINAL REVIEW

2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW
If at any point during the development of the IGSA concept, if the party tasked with developing the IGSA concept has questions or needs assistance, the party should contact the IGSA PO.

One of the roles and responsibilities of the IGSA PO is to support the development of IGSA concepts.

Once the party has completed the IGSA concept packet, it is recommended that the party send a draft copy to the IGSA PO for their review and comment. As part of the IGSA PO review, they may circulate the IGSA concept to the respective ID for their review and comments. Upon completion of review, the IGSA PO will contact the garrison and provide recommendations as to changes to the IGSA concept packet prior to routing to the GC.

2. 4. 2 GARRISON COMMANDER APPROVAL
During final garrison coordination, the IGSA concept packet will be reviewed by the garrison supporting Staff Judge Advocate (SJA) and the Resource Management Office (RMO) at a minimum to prepare the IGSA concept packet for GC approval. The GC will sign the memo and the IGSA-M will forward the full IGSA concept packet to the IGSA PO for staffing and the approval process. NOTE: IMCOM will staff the IGSA concept packet including the RSCA to the ID for concurrent review, endorsement of the Concept Packet, and signing of the RSCA as required.

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Packet Pg. 209 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 11 3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL

3. 1 DELEGATION OF APPROVAL AUTHORITY
Annex G delegates the IGSA approval authority for IMCOM installations to the Commanding General, U.S. Army IMCOM for IGSAs with an annual execution value not to exceed $5,000,000. The IMCOM CG has further delegated approval authority for IGSAs with an annual execution value up to $1,000,000 to the IMCOM DCG. In cases where a proposed decision to enter into an IGSA represents a change in precedent or policy, or is of significant White House, Congressional, Department or public interest, there will be a briefing required to the Assistant Secretary of the Army (ASA), Installations, Energy and Environment (IE&E) prior to any decision to exercise any delegated authority unless exigencies preclude such action.

NOTE: This delegation does not apply to installation support services currently acquired by an installation under the AbilityOne Program. In such cases, the determination authority resides with the Deputy Assistant Secretary of the Army for Installations, Housing, and Partnerships (101505DASA-IH&P).

3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000
If the estimated annual execution value is less than or equal to $5,000,000, the IGSA PM will staff the IGSA concept packet for ID and IMCOM staff review. The IGSA PO will work with the Garrison to resolve any issues, questions, or instances of non-concurrence regarding the IGSA concept packet. Once all issues with the IGSA concept packet are resolved and the IGSA concept packet has been fully coordinated, the IGSA concept packet is sent to the IMCOM Commanding General (CG) or Deputy Commanding General (DCG) for approval depending on the annual cost of the IGSA. Once approved by the CG/DCG, the IGSA PO will send the CG approval memo to the garrison for execution of the Transaction Document IAW Section 4.1. 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000 If the IGSA concept has an annual execution value of more than $5,000,000, the IMCOM IGSA PM will staff the IGSA concept packet for IMCOM staff review and once IMCOM staff coordination is complete, the IGSA PM will submit the IGSA concept packet to the IMCOM CG for endorsement (not approval). Once the IGSA concept packet is endorsed by the CG, the IGSA PM will forward the endorsed IGSA concept packet through HQ AMC to the Army Partnership Office of the Deputy Chief of Staff (DCS) G9 staffing, endorsement and approval by the appropriate approval authority depending upon the IGSA annual execution value. The IGSA concept packet with an annual execution over $5,000,000 and up to $10,000,000 will be reviewed and approved by the DASA (IH&P).

3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000
If the IGSA concept has an annual execution value over $10,000,000, the same steps as in Section 3.1.2 will be followed, but rather than approving the IGSA concept, the DASA (IH&P) will recommend concurrence to the Assistant Secretaryof the Army (Installations, Energy, and Environment) (ASA (IE&E)). After the IGSA approval memorandum has been signed by ASA (IE&E), Army Partnership Office will send a copy to the IGSA PO. The IGSA PM will forward a copy of the IGSA approval memo to the respective ID.

4. IGSA EXECUTION AND MANAGEMENT

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Packet Pg. 210 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 12 4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT)
Once the IGSA concept packet is approved by the appropriate approval authority and the approval memo has been sent to the garrison, the garrison should finalize the IGSA transaction document (template at Annex I) with the state or local government partner. The concept packet approval memo will designate who is authorized to sign the IGSA on behalf of the Army.

The purpose of the IGSA transaction document is to outline the roles and responsibilities of the parties, identify the services to be furnished by either the Army/garrison or the State or local government partner, the prices to be paid by the receiving party, and the appropriate reimbursement and quality control procedures. The parties undertake this agreement to provide installation support services between the providing partner and the receiving partner.

The Transaction Document is the legally binding document signed by the delegated GC/Garrison Manager and the public partner representative to formally (and legally) enter into the IGSA.

NOTE: The IGSA must be completed (signed by both parties) within 180 days of receipt of the approval memo. Forward a copy of the signed IGSA to the IMCOM IGSA PM within 30 days after both parties have signed.

4. 2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES
The IGSA-Ms and IGSATRs are the garrison’s front-line resources for IGSA program management. They assist all interested parties in the development, coordination, execution, and termination of an IGSA. They work with the IGSA PO to provide the garrison and the State and/or local governments interested in an installation support service IGSA with policy information as well as concept package development assistance and guidance. They provide the garrison and others an understanding of the benefits of an IGSA as well as areas of concern that may hinder or impede the development of an IGSA. A detailed list of the recommended roles and responsibilities of IGSA-M and IGSA-TR can be found in Annex F. (See Annex J for IGSA-M Appointment Memorandum)

4. 3 IGSA PAYMENT PROCEDURES
The majority of IGSAs will involve the payment and receipt of money. In most cases, it will be the Army/garrison paying the State or local government for installation support services provided by the State or local government. The IGSA-M and IGSA-TR typically need the support of the garrison’s RMO to set up and track IGSA execution and performance. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, Javits-Wagner-O’Day (JWOD) Act, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8(a), AbilityOne, and other special acquisition programs. Below are instructions from the IMCOM Narrative Funding Guidance on how garrisons should manage IGSA financial requirements and responsibilities.

Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison RMO must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be via a miscellaneous payment transaction through the General

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Packet Pg. 211 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 13 Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.

Financial managers will build utilize the project structure provided by G4, and they will set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook.

Each IGSA will be given a unique number so that it can be tracked. The numbering convention for IGSAs is as follows:

UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001
In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:

IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:

1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.

2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:

IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.

3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSA-Fund Center-FY-Sequence number of the IGSA (IGSA Number)

4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued

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Packet Pg. 212 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 14 (4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable) (6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logistics Agency through SAM.GOV) (8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSAM.
d. The IGSA Manager (IGSAM) will review invoice and authorize payment if all billed services have been satisfactorily completed. e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.

5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.

G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], 210-466-1518

4. 4 IGSA MODIFICATION / TERMINATION / RENEWAL
IGSAs follow the general processes set by AR 5-9 for Installation Agreements (IA) for modification and termination. Minor changes to IGSAs may be made at any time by the IGSAM by either pen-and-ink or by using an administrative changes memorandum provided the changes do not exceed the annual cost threshold approved and are in scope of the approved IGSA concept packet. The GC/GM and the State or local government representative who signed the original IGSA must initial changes. When practical, IGSA modifications and terminations should be made bilaterally and with sufficient advance notification to permit

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Packet Pg. 213 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 15 appropriate resource adjustments to be made during the budget formulation process.

In the event, a garrison wants to renew its IGSA, the garrison IGSA-M will send notification of intent to renew to the IMCOM IGSA PM, at least 120 days prior to the end of the IGSA. At 90 days prior to the end of the IGSA, the IGSA-M will forward an IGSA Renewal Package to the IMCOM IGSA PM. The Renewal Package will include the following: Garrison Memo supporting renewal and the new course of action (COA) determination structure highlighted in Appendix 1 to Annex C to OPORD 20-005. A new COA determination is required as it is possible that during the IGSA’s period of performance facts and assumptions in the initial IGSA may have changed. The IMCOM IGSA PM will staff the IGSA renewal request IAW the endorsement and approval process set forth in Section 3.1.

NOTE: The term of an IGSA can be for a period of up to ten (10) years. IGSAs with reimbursable cost will be reviewed annually for financial impacts to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances and in its entirety at mid-point. IGSAs with no reimbursable cost will be reviewed, at a minimum, every 3 years. Reviews will be completed by the IGSA-M and IGSA-TR to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances.

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Packet Pg. 214 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 16 ANNEX A – 10 USC 2679
10 U.S. Code § 2679 - Installation-support services: intergovernmental support agreements (a) IN GENERAL.
(1) Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the may enter into an intergovernmental support agreement, on a sole source basis, with a State or local government to provide, receive, or share installationsupport services if the Secretary concerned determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs.
(2) An intergovernmental support agreement under paragraph (1) (A) may be for a term not to exceed ten years; and
(B) may use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use. (4) Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. (b) EFFECT ON FIRST RESPONDER ARRANGEMENTS.

The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.
(c) AVAILABILITY OF FUNDS.

Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.
(d) EFFECT ON OMB CIRCULAR A-76.

The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.

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Packet Pg. 215 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 17 (e) DEFINITIONS. In this section:
(1) The term “installation-support services” means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. (2) The term “local government” includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.
(3) The term “State” includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands, and any agency or instrumentality of a State.
(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States. (Added Pub. L. 112–239, div. A, title III, § 331(a), Jan. 2, 2013, 126 Stat. 1696, § 2336; renumbered § 2679 and amended Pub. L. 113–291, div. A, title III, § 351(a), (b), Dec. 19, 2014, 128 Stat. 3346; Pub. L. 114–92, div. A, title X, § 1081(a)(9), (b)(1), Nov. 25, 2015, 129 Stat. 1001; Pub. L. 115–91, div. B, title XXVIII, § 2813, Dec. 12, 2017, 131 Stat. 1849.)

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Packet Pg. 216 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 18 ANNEX B – PARTNERSHIP AUTHORITIES

PARTNERSHIP TOOL AUTHORITY /

GUIDANCE DESCRIPTION
Community Agreement DoDI 1015.10
Allows Army to utilize MWR activities available in the
community. Ex. Agreement between installation and
community for installation use of community pool.

Cooperative
Agreements DoDI 3210.6
Cooperative Agreements are used to carry out a public
purpose of support or stimulation by transferring
something of value to the partner, where substantial
involvement is expected between parties. Ex. Initial
agreement between Presidio of Monterey and the City of
Monterey for installation services.

Intergovernmental
Support Agreements
(IGSA)
10 USC 2679
IGSAs are used to receive, provide, or share an
installation-support service with a State or local
government, where the State or local government currently provides the service for its own residents. IGSAs involve a transfer of funds. Ex. Current agreement between
Presidio of Monterey and City of Monterey.

Lease 10 USC 2667
Allows another party to utilize a specific portion of Army property. Provides exclusive possession for a specified term for either cash or in-kind consideration. Ex.

Agreement allowing Charter School use of vacant
installation building.

License 10 USC 2667
Provides temporary use and non-exclusive possession of
Army property for cash, in-kind consideration and in some instances without charge. Ex. Agreement allowing use of installation parade ground for soccer tournament.

Mutual Aid Agreements
(Emergency) DoDI 6055.17
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.

Agreement between community and installation to provide ambulance and other emergency services.

Mutual Aid Agreements
(Fire) DoDI 6055.06
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.

Agreement between community and installation fire
departments to provide fire suppression support when
requested.

Procedures and
Support for NonFederal Entities
Authorized to Operate
on DoD Installations
DoDD 1000.26
DoDI 1000.15
AR 210-22
Authorizes presence and entering into ‘agreements’
(Support Agreement, Lease, License, et.) with a nonFederal entity/private organization. Ex. Agreement to provide space to local Chamber of Commerce as means
of linking local employment requirements with skills of installation residents.

Reciprocal Fire
Protection Agreements 42 USC 1856a
Authorizes an agency charged with duty of providing fire protection of any U.S. property to enter into a reciprocal agreement, with any fire organization maintaining fire
protection facilities near such property. Ex. Agreement

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Packet Pg. 217 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 19 PARTNERSHIP TOOL AUTHORITY /

GUIDANCE DESCRIPTION
between installation and organization like CAL Fire to
support efforts to suppress forest fires.

Support Agreements
(Inter/Intra Service) DoDI 4000.19
An MOA is used, typically, to document specific terms and responsibilities between two or more parties, especially when there will be a commitment of resources and some form of compensation using other than appropriated funds. Ex. MOA with County Parks Department to pick up trash on installation’s beach as part of County’s trash collection on public beach.

An MOU is used, typically, to formalize an agreement when no funds or resources of value are being exchanged between parties. Ex. MOU between local college and installation to provide resources to aid in spousal employment.

Utility Energy Service
Contract
10 USC 2913
(gas/electric)
10 USC 2866
(water/wastewater)
Army may use a simplified method of contracting for
shared energy savings contract services that will
accelerate the use of these contracts with respect to
military installations and will reduce the administrative effort and cost on the Army as the public/private sector.

Ex. Contract between installation and public utility
company for system improvements and O&M of same.

Utility Privatization 10 USC 2688
Army may convey a utility system, or part of a utility
system, under the jurisdiction of the Secretary to a
municipal, regional, district, or cooperative utility company or other entity. Ex. Sale and transfer of installation waste water treatment plant to public utility.

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Packet Pg. 218 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 20 ANNEX C– INSTALLATION SUPPORT CATEGORIES
This following list of installation support categories comes from Enclosure 4 of DODI 4000.19.

This list includes descriptions of common installation support functions that may be provided, shared, or received through an IGSA. The list is not all-inclusive, and the support descriptions can be modified as needed for each IGSA to clearly identify the specific support that will be provided. Support not included in this enclosure may be added to an agreement.

Administrative Services. Includes records management, personnel locator, document control and handling, forms and publications, and maintenance of official publications reference libraries.

Audio and Visual Information Services. Includes still photography, graphics, micrographics, and presentation services. Also, includes film, video and audio media services.

Automated Data Processing and Automation Services. Includes data processing services and systems analysis. Also, includes design, development, execution, and life cycle maintenance of data processing systems.

Chapel and Chaplain Services. Includes pastoral ministries, worship services, religious rites, pastoral visits, spiritual counseling, and religious education.

Civilian Personnel Services. Includes recruitment, classification, staffing, pay administration, personnel management, employee relations, awards, equal opportunity programs, and career development.

Clubs. Includes management of officer, non-commissioned officer, enlisted, all hands, aero, community and other recreational clubs.

Common Use Facility Construction, Operations, Maintenance, and Repair. Includes construction, alteration, operation, maintenance, and repair of common use infrastructure (e.g., roads, grounds, surfaced areas, structures, real property and installed equipment).

Also, includes common benefit signs, energy consumption, snow removal, street cleaning, and installation beautification projects.

Communication Services. Includes dedicated communications services and telephone equipment. May also include leasing of communication equipment, lines, and special communications-electronics equipment services.

Community Relations. Includes public relations activities, charity fund raising events, and installation open house programs.

Community Services. Includes family support center activities, child development services, dependent youth activities, theaters, and thrift shops.

Cost Avoidance. Includes an avoidance of a future cost the Army would otherwise incur if an IGSA were not executed. An example is future facility construction or renovation.

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Packet Pg. 219 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 21 Cost Savings. Includes the actual or projected reduction in the cost of goods or services procured via an acquisition strategy other than IGSA when compared to the cost of the same goods and services via an IGSA.

Custodial Services. Includes janitorial and cleaning services for customer-occupied and customer-used facilities and areas.

Disaster Preparedness. Includes operation of disaster preparedness programs and related services, equipment, and facility support for emergencies and wartime operations.

Duplication Services. Includes the operation of centralized copying equipment and related services.

Education Services. Includes instruction, counseling, and testing.

Entomology Services. Includes abatement and control measures directed against insects, rodents, weeds, fungi, and other animals or plants that are determined to be undesirable in buildings, equipment, supplies, and on grounds.

Environmental Cleanup. Includes collection, clean-up, transportation, and disposal of hazardous material.

Environmental Compliance. Includes recycling and resource recovery programs, pollution prevention, environmental compliance, and programs aimed at management and control of hazardous materials -- does not include clean-up and disposal of hazardous materials.

Equipment Maintenance, Repair, and Calibration. Includes maintenance, repair, and calibration of industrial equipment, construction equipment, laboratory equipment, office equipment, and other non-tactical equipment -- does not include vehicles.

Explosive Ordnance Support. Includes services and facilities for explosive ordnance storage, disposal and training.

Facility Construction and Major Repair. Includes minor construction, alterations, additions, and major repairs required to modernize, replace, expand or restore real property. Also, includes related planning and design.

Facility and Grounds Maintenance and Minor Repair. Includes routine and cyclical preventive maintenance and minor repairs required to preserve or restorerealproperty so it may be used for its designated purpose.

Finance and Accounting. Includes expense, reimbursement, working fund, payroll and leave accounting. Also includes disbursing, voucher and invoice examination, financial reporting, and the development of accounting systems.

Food Service. Includes preparation and service of food to authorized personnel,

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Packet Pg. 220 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 22 and related dining facilities operations.

Health Services. Includes administration of healthcare programs, inpatient and outpatientmedical and dental treatment, and other related medical support and professional services. Also, includes veterinary support.

Housing and Lodging Services. Includes family, unmarried, and unaccompanied housing referral services. Also, includes operation of family housing, bachelor officer quarters, bachelor enlisted quarters, and transient accommodations.

Laundry and Dry Cleaning. Includes cleaning and storage of clothing and other items made of cloth.

Legal Services. Includes the provision of advice and services on all legal matters pertaining to legal assistance, military justice, initial claims processing, property utilization, award and execution of procurement contracts, and personnel matters such as conflicts of interest, standards of conduct, and grievance hearings and reviews.

Libraries. Includes technical and legal libraries, and services that provide limited reference information for officialpurposes.

Mail Service. Includes collecting, accepting,sorting, routing, and delivery of official and personal mail on DoD installations and in DoD-owned or DoD-leased facilities.

Mail Postage Service. Includes postage and fees for official mail and application thereof.

Military Personnel Support. Includes passport, forces stamp, social security, and other personal affairs services for military personnel. Also includes processing of identification cards, security clearances, testing of individuals, line-of-duty investigation reports, casualty assistance reporting, noncombatant evacuation operations, relocation assistance, and transition assistance.

Mobilization Support. Includes planning, provisioning, and support for mobilization of Active, Reserve, and Guard forces.

Morale, Welfare, and Recreation (MWR) Activities. Includes operation of recreational centers, gyms, fitness centers, parks, athletic fields, recreational and general reference libraries, hobby shops, craft centers, and related services.

Mortuary Services. Includes all logistical functions related to the recovery, identification, care, and disposition of deceased personnel. Includes continental United States port, and overseas mortuary services.

Museums. Includes operation of facilities and services that display objects of historical military value and significance.

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Packet Pg. 221 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 23 Occupational and Industrial Health Services. Includes worker and work place health screening programs, and industrial hygiene surveillance ofthe occupational environment. Also, includes physical examinations and worker compensation evaluations.

Printing Services. Includes the operation of centralized printing, collating, binding, and mass mail addressing services.

Public Affairs. Includes activities aimed toward responding directly or through news media to the general public's right and need to know how DoD activities accomplish assigned tasks and missions. Also includes distribution of public and community relations information.

Purchasing and Contracting Services. Includes acquisition and contract administration services for procurement of property, equipment, services, construction, and supplies.

Also includes services for renting and leasing.

Refuse Collection and Disposal. Includes collection and disposal of trash and waste management/recycling of materials.

Resource Management. Includes funds management, cost analysis services, and budget formulation, reporting, and execution. Also includes financial liability investigation of property losses.

Retired Affairs. Includes operation of retired affairs support offices and provision of special services, activities, and programs provided primarily for retired personnel.

Safety. Includes operation of safety programs, educational support, and promotional efforts.

Security Services. Includes security inspections, controlling entry and egress, and protecting DoD-owned or DoD-operated facilities. Also includes management of 911 calls, traffic management, vehicle decals, and parking pass services and operation of confinement and detention facilities, and related services.

Shuttle Services. Includes scheduled operation of local taxis, vans, and bus transportation services.

Social Actions. Includes civilian and military personnel assistance and training pertaining to substance abuse and human relations.

Storage and Warehousing. Includes provision of space and services related to the management of commodities, material, and equipment; includes receipt, storage, issue, and shipment of items from storage.

Supply Services. Includes the provision of any common, generally expendable, nontechnical commodity, material, or equipment (e.g., administrative office and

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Packet Pg. 222 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 24 housekeeping supplies, duplicating paper, common hardware, plumbing and electrical supplies, building materials, paint, and tools).

Training Service. Includes instruction and use of target ranges, simulators, and other training facilities.

Transportation Services. Includes transportation services related to both commercial and Government-owned transportation of personnel, personal property, and material.

Also includes shipment planning, packing and crating, port clearance, scheduling, processing of transportation documents, and related transportation services.

Utilities. Includes water, sewage, electricity, natural gas, and fuel oil services. Also, includes central generation and distribution of steam, chilled water, and compressed air.

Vehicle Support. Includes maintenance and repair of customer vehicles, and supply, maintenance and repair of vehicles provided for a customer's use. Also, includes chartered transportation services.

Weather Services. Includes advising and providing timely notification of weatherconditions that would affect planned activities.

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Packet Pg. 223 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 25 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs:

UNCLASSIFIED/FOUO
Source: IMCOM Communication Toolkit – September 2019
Primary Audience: Garrison staff: contract, agreement, and resource managers; DPW, SJA, PAO, and Army Commanders. Public partners: any agency or instrumentality of a local or State government.

Secondary Audiences: Community leaders, reporters, bloggers.

End state: An institutionalized mindset that incorporates public-public partnerships to enhance mission readiness in an era of reduced resources.

IMCOM Organizational Goal(s): Integrate and deliver base support to enable readiness for a globally-responsive Army.

Communications Goal: Garrison Commanders, senior members of their staffs, and municipal and elected leaders will understand the value and potential savings of public-public partnerships.

Key Message: Garrison installation support service contracts that are converted to Intergovernmental Support Agreements (IGSAs) average a 30% savings to IMCOM. IMCOM Commanding General encourages garrison’s efforts to look for IGSA opportunities.

Strategy Statement: Garrison staff members will engage with their local and state counterparts and open a dialog to explore IGSA opportunities.

Talking Points:

1. IGSAs are a vital component of reshaping to identify and harvest resources. On average, the Army realizes a 30% cost reduction for installation support services provided through IGSAs with local or state government partners.

2. IGSAs represent a way of partnering to provide, receive, or share installation support services. IGSAs are not contracts, they are public-public partnerships.

3. Army leaders acknowledge the important roles played by contracting partners. IGSA’s are not meant to replace contracts or contractors, but are a cooperative way to strengthen our communities while enabling readiness in a cost-effective manner.

4. IGSAs serve the interest of the Army if they enhance mission readiness or create efficiencies and economies of scale.

5. HQ IMCOM is currently running a multimillion-dollar IGSA program, resulting in significant cost savings and avoidance.

6. The goal of the IGSA program is to enhance mission viability and improve quality of service for Soldiers while implementing collaborative projects that reduce redundancies, costs, and risks through relationships that provide mutual value to the government and local communities.

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Packet Pg. 224 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 26 7. IGSAs may be entered into on a sole source basis between the U.S. Army and the public partner. IGSAs are not required to use Davis-Bacon or Service Contract rates and may employ the wage rates paid by the State or local government.

8. IGSAs provide relief from the rigor and complexity of the Federal Acquisition Regulations that govern traditional procurement contracts.

9. IGSAs cannot be used for security guard or firefighting functions.

10. Not all partnership concepts will result in an IGSA. We must explore the entire partnership spectrum to maximize partnership benefits.

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Packet Pg. 225 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 27 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL
Note: Full resolution copies available on IMCOM Partnership SharePoint Site.

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Packet Pg. 226 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 28 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs  Designate an IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSATR) in writing. (See Annex J for IGSA-M Appointment Template)  Provide signature approval of agreements to ensure compliance with applicable regulatory guidance for those agreements having an impact on, or affecting, Garrison commitments.
 Return all IGSA documents, which have not been properly staffed. Ensure staff review includes the Garrison Resource Management Office and Legal.  The approval memo designating the garrison commander to sign the IGSA transaction document on behalf of the Army, carries the same responsibility and authority as a warrant issued to a contracting officer which legally binds the Army to a course of action and authorizes the expenditure of tax payer funds.

IGSA-M:
 Hold primary responsibility to manage the development and execution of the Garrison’s IGSA Program.
 Develop and negotiate, staff and process for signing all IGSAs for the Garrison and establish timelines for completion.
 Administer and monitor IGSAs. Oversee and ensure the performance of cyclic reviews of the IGSA program of the activity to ensure compliance with established DoD, DA, and IMCOM policies to determine if the IGSA should be continued, modified, or terminated.
 Coordinate the development and negotiation of IGSAs with applicable State and local government installation support service providers and lead the effort to resolve differences that may exist.
 Provide initial and final review of all IGSAs, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included.  Oversee the assignment of an IGSA number for every newly developed agreement.

Information needed will be name, fiscal year, service provided, amount billed for each service, amount expected to be earned; the actual earned amount nature of the agreement.
 Ensure all IGSAs are provided to the Garrison Legal Office for a legal review.  Assist functional managers with the preparation of IGSA packages and ensure all IGSAs are staffed appropriately.
 Provide guidance and assistance in the development of cost benefit analyses by working in coordination with the applicable garrison functional manager or subject manner expert. Exercise program management and oversight to determine actual costs through reviews with activities and Resource Management.  Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required.  Ensure the placement of one (1) signed original IGSA, along with any backup/coordination documentation, in the Garrison's Repository of Agreements.  Ensure that there are procedures established that all IGSA documentation is retained Garrison Commander / Deputy Garrison Commander
IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSA-TR)

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Packet Pg. 227 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 29 at the installation level for a minimum of six (6) years after the end or termination of the IGSA for future audits.

IGSA-TR:
 Assist the IGSA-M in the management of the Garrison’s IGSA Program.  Assist the IGSA-M in the development and negotiation, staffing and processing for signature all IGSAs for the Garrison and establish timelines for completion.  Perform the actual administration and monitoring of IGSAs. This includes the performance of cyclic reviews of the IGSA program to ensure compliance with established DoD, DA, and IMCOM policies to determine if theIGSA should be continued, modified, or terminated.
 Work with the IGSA-M to coordinate the development and negotiation of agreements with applicable State and local government installation support service providers and provide assistance to the IGSA-M in resolving differences that may exist.  Work with the IGSA-M in the review of all IGSA concept packets, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included.
 Perform the actual assignment of an IGSA number for every newly developed IGSA.

At a minimum, the information needed will include name, fiscal year, service provided, amount billed for each service, amount expected to be earned.  Work with the IGSA-M to ensure that all IGSAs are provided to the Garrison Legal Office for a legal review.
 Assist the IGSA-M and functional managers with the development and drafting of IGSAs and ensure all agreements are staffed appropriately.  Develop cost benefit analysis in coordination with IGSA-M and the applicable garrison functional manager or subject manner expert. Provide assistance to functional program managers to determine and capture actual costs through reviews with activities and Resource Management.
 Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required.  Place one (1) signed original IGSA, along with any backup/coordination documentation in the Garrison's Repository of Agreements.  Work with the IGSA-M and functional proponent SME in the annual review of IGSA performance. Included in the review: discussion of performance and execution issues and possible improvements; lessons learned, and the capture and recordation in the Garrison’s Repository of Agreements the actual amount saved or actual cost avoidance.
 Manage the installation level storage and retention of all IGSA documentation for a minimum of six (6) years after the end or termination of the IGSA for future audits.  Ensure that reimbursement instructions contained in agreements are consistent with DoD, DA, and IMCOM policies.
 Assist the IGSA-M and IGSA-TR in determining the reimbursable relationship with each provider.

Resource Management Office, Program/Budget

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Packet Pg. 228 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 30  Prior to the beginning of each fiscal year, review agreements to ensure accuracy of cost and reimbursement amounts. Coordinate any required cost adjustments with the IGSA-M and IGSA-TR to ensure customer bills are updated as necessary.  Ensure that customer reimbursements pursuant to agreements are properly integrated into the Garrison's budget planning and execution documents and processes.  Ensure the financial management database (GFEBS) cross-references funding documents to the corresponding IGSA IAW Annex K. Reconcile the log to track the agreement number, name, sales order, fiscal year, service provided, amount billed for each service, amount expected to be earned, and the actual earned amount with the IGSA-M and IGSA-TR.
 Ensure incoming/outgoing reimbursements are properly applied to or documented in applicable operating budgets.
 Establish a separate cost center in the Automated Time and Attendance Production System (ATAAPS) to track the actual labor cost for each reimbursable employee's labor hours. This will allow the garrison to report and track the actual reimbursable hours and ensure the customer is only charged for actual hours worked.  Designate an IGSA coordinator to serve as point of contact for the staffing and controlling of respective directorate/office IGSAs. Provide the name, office symbol, and phone number of the designated individual to the IGSA-M and IGSA-TR; update as necessary.
 Monitor the performance of support in areas of assigned responsibilities to ensure compliance with the terms of the IGSA.
 Review and identify significant changes in factors affecting the cost or ability to provide support.
 Identify services provided which are above the standard and provide the Resource Management Office detailed information with appropriate cost data. Provide input to the garrison's Common Levels of Support and Reimbursable Services Catalog.  Assume responsibility for preparation of any IGSA concept packet required by the respective directorate/office. Submit all IGSAs to the IGSA-M and IGSA-TR for review and further staffing to Legal and other Garrison offices prior to submission to the Garrison Command Group for signature. IGSA documents submitted to the Garrison Command Group without proper staffing will be returned.  Review, prior to signature, all IGSA documents for changes, modifications, supplements, etc., to ensure conformance with legal requirements, compliance with DCS G9 and IMCOM policy, and appropriate definition of Army/Garrison rights and liabilities, including the definition of the scope of each IGSA to ensure protection of Army/Garrison rights and liabilities.
 Participate in IGSA negotiations, as required.

Garrison Directors/Office Chiefs/Functional Experts or Managers Legal Office

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Packet Pg. 229 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 31  All agreements will be developed in collaboration with the IGSA-M and IGSA-TR in the respective Garrison RMO.
 The IGSA-M and IGSA-TR staffs/coordinates agreements with affected organizational elements (and the Program/Budget Office when costs are involved) to ensure that agreement narratives are consistent with functional requirements/alignments and to obtain resource/cost data.  All IGSA documents must be reviewed by the Garrison Legal Office before final approval.
 IGSAs involving reimbursement must be reviewed annually to ensure continued accuracy of cost and reimbursement amounts.
 All IGSAs will have an expiration date not to exceed 10 years from the date they are signed by both parties. If there is an interest in the IGSA to continue beyond the initial 10 years, the IGSA package will need to be resubmitted for review and approval.
 Minor changes may be made at any time by pen-and-ink or by using the administrative changes memorandum; changes must be initialed by the parties who signed the original IGSA.
 One signed original of all approved/finalized agreements, along with any backup/coordination documentation, will be provided to the IGSA-M and IGSA-TR for the Garrison's Repository of IGSAs.

IGSA Staffing / Review / Update - GENERAL

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Packet Pg. 230 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 32 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY

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Packet Pg. 231 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 33 11.a
Packet Pg. 232 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 34 11.a
Packet Pg. 233 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 35 11.a
Packet Pg. 234 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 36 11.a
Packet Pg. 235 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 37 11.a
Packet Pg. 236 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 38 ANNEX H – IGSA CONCEPT PACKET TEMPLATES
Garrison Commander Memo
Appendix 1 to Annex C to IMCOM OPORD 20-005 Part 1

OFFICE SYMBOL DATE
MEMORANDUM THRU [Appropriate IMCOM-Directorate (Readiness, Sustainment, Training, Pacific), ADDRESS]
FOR Deputy Commanding General, U.S. Army Installation Management Command, 2405 Gun Shed Rd, Joint Base San Antonio, Fort Sam Houston, TX 78234-1223 SUBJECT: Intergovernmental Support Agreement (IGSA) Concept: (Garrison Name and IGSA Concept Short Title) (Example: Garrison X: Trash Removal Services)

1. References:
a. IMCOM OPORD 20-005: IMCOM Intergovernmental Support Agreement (IGSA) Program.
b. (List additional policies/regulations/Operation Orders that are relevant)

2. Scope: Concisely provide the IGSA scope here. (Example: Garrison X will partner with City Y to share City Y trash removal services currently procured by Garrison X via a services contract).

3. Objectives: What are goals/objectives of this partnership?

4. Discussion: Provide a brief overview of proposed IGSA, e.g., why/when needed, key events, leadership decisions, public requests, or other information/influences on local government/Army relationship. Include all pertinent information that has bearing on the proposed IGSA concept. (Example: Garrison X currently contracts for trash removal services via a services contract. This contract is a base plus 4 option year contract currently in the 3rd option year. By partnering with City Y and using their trash removal services we estimate this IGSA concept could save $X per year.)

5. Benefit Analysis: Answer the question: Why is this IGSA concept in the best interest of the Army and the proposed public partner? All direct and indirect drivers/costs should be quantifiable; avoid qualitative drivers/costs. (Example: The Garrison X trash removal contract cost $100K per year. The estimate annual cost of using the City Y trash removal service is $65K. Garrison X can achieve a cost avoidance savings of an estimated $35K per year by partnering with City Y for trash removal services. The City partner will benefit from an additional administrative revenue stream.).

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Packet Pg. 237 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 39 6. Risk Analysis: List here any issues that my complicate implementation of the IGSA concept and provide a risk mitigation strategy for dealing with the issue. (Example:

Additional costs may be incurred if current trash removal contract is terminated mid option year. Will wait until end of option year before implementing IGSA contract.

Option year ends on XX OCT 2018).

7. Place Garrison POC here.

Encls 2 SIGNATURE BLOCK
1 IGSA Coversheet
2 COA Determination

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Packet Pg. 238 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 40 Enclosure 1 IGSA Coversheet

INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) COVERSHEET
This document is intended to support the auditability of the IGSA program at installation and HQ IMCOM levels.

Preparer’s
Initials
Questions/Procedures

1. Installation and Partners:

2. Is the proposed function currently executed by the Army via contract? Yes No
2a. Identify the type of contract with a checkmark:
8(a) set-aside AbilityOne Other
2b. Contract award date: How many option years remain?
Contract expiration date:
2c. Current annual cost of the contract:
2d. Current Contract Number:

3. Has this function ever been performed by a Department of the ArmyCivilian? Yes No
3a. When was the last time this work was performed (year)?

4. Length of IGSA (Not to exceed 10-years):

5. Annual IGSA cost:

6. Estimated annual savings from transition to IGSA:

7. Estimated cost reduction percentage:

8. Estimated cost avoidance (if any):

8. Services provided:

9. IGSA Manager and Technical Representative (TR) (Name, title, email and phone):

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Packet Pg. 239 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 41 Enclosure 2 Course of Action Determination

1. Constraints of Analysis (Include as many key facts/assumptions as required):
a. Facts: A fact is something that is empirically true and can be supported by evidence. Include only relevant facts – those items of information that have a direct bearing on the COA being developed.
(1) Fact 1:
(2) Fact 2:
(3) Fact 3:
b. Assumptions: Assumptions are factors or conditions that are essential to the success of the solution and are beyond the control of the organization. Assumptions define the ground rules and accepted statements in order to limit the scope of the COA.

They are explicit statements of conditions on which the COA is based. (1) Assumption 1:
(2) Assumption 2:
(3) Assumption 3:

2. Courses of Action (COA) (Include as many viable COAs as required and use short names):
a. COA 1 (Status Quo): The status quo (also known as the “As-Is” state), is the “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:
b. COA 2: Description of alternative COA. Include any relevant 2nd and 3rd order effects, risks, etc.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:

3. Selection Criteria and Decision Matrix: In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission

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Packet Pg. 240 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 42 effectiveness, creating efficiencies, creating economies of scale, and by reducing costs.

These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise.
a. IGSA Selection Criteria Factors:

1. Readiness: Improves, enhances or expands Mission, Installation, and/or Community Readiness.

2. Efficiencies: Creates an efficiency or economies of scale.

3. Modernization: Modernizes Infrastructure, a Service, System, or Process.

4. Cost: Realizes cost reduction, deferral, or avoidance.

5. Quality of Life: Improves relationships with community / public partner.

Provides previously unavailable service to soldiers and their families. b. COA Determination Matrix (EXAMPLE):

Evaluation Criteria
Weight
Factor
COA 1- Status
Quo COA 2 - IGSA
Readiness 1 2 (2) 1 (1)
Efficiencies 1 3 (3) 1 (1)
Modernization 2 2 (4) 2 (4)
Cost 1 4 (4) 1 (1)
Quality of Life 2 2 (4) 2 (4)
Score 13 (17) 7 (11)
Scoring - Individually score each criteria within the COA to produce a preferred COA.

Assign a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse.

You may score each criteria with the same number across different COAs.

This is a scoring matrix not a ranking.
*(Weighted Total = weight factor X score)

LESS IS BEST

4. Detailed cost comparison: This form is to be filled out in an excel spreadsheet and inserted into the Course of Action Determination enclosure. The detailed cost comparison will look at what the installation is currently paying for services line-by-line and that will be crossed referenced against the recommended COA for comparison.

Detailed Cost Comparison - EXAMPLE
Supplies/Services COA 1: Contract COA 2: IGSA DELTA
Solid Waste
Management Services
0 0
Project Management $1,127,655.60 0
Manpower Tracking $1,049.93 0

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Packet Pg. 241 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 43 Wage Determination
Adjustment
$2,507.55 0
Cantonment Areas
Solid Wastes
$552,451.09 0
Contaminated Soil $88,971.43 $40,000.00
Recovery/Recycling
Program
$143,313.45 0
CSWCP Operation $940,398.59 0
Collect, Transport, Sort,
Dispose of Field Waste
$1,590,244.36 $57,482.88
Verification of
Inspection &
Segregation
$7,664.09 $10,000.00
Conveyor System
Repair
$17,142.86 $10,000.00
Municipal Solid Waste 0 $1,888,676.07
Diversion Waste 0 $25,144.61
Totals $4,471,398.95 $2,031,303.56 $2,440,095.30

5. Recommendation: Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives. Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.

6. Addendums if needed or required.

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Packet Pg. 242 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 44 AbilityOne Example Letters Of Intent
Hudspeth County Government
Deputy Judge/Executive Michael Landon
P.O. Box 568, Queenstown, CT 90210
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:

The intent of this letter is to correct recent media reports regarding the potential Fort Swampy Installation Janitorial Intergovernmental Services Agreement (IGSA) and partnership with “SUBCONTRACTOR NAME” that insinuated AB1 team members will be terminated en masse.

At the outset of our partnership exploration, Hudspeth County Government has been dedicated to ensuring the protection of the current AB1 employees to the greatest extent possible. The current AB1 employees are our constituents and they live and work within our great county; therefore, their welfare is of maximum concern to the leadership of Hudspeth County Government.

As such, once “SUBCONTRACTOR NAME” was selected as the best evaluated bid, the first topic of discussion was AB1 team members. Hudspeth County representatives strongly conveyed to Guardian leadership its desire to see as many of the AB1 employees retained as possible. While we realize it's impossible for 100% of the employees to be retained, I'm proud to say - as you will see in “SUBCONTRACTOR NAME” attached letter - they share a sincere and strong commitment to retain as many as absolutely possible, subject to their mission restraints and constraints.

I trust this will clear up the misunderstandings recently aired in local media. Thank you again for extending another partnership opportunity to Hudspeth County's taxpayers. We are committed to providing the best possible service while also ensuring the maximum preservation of employment possible for AB1 team members.

Michael E. Landon
Hudspeth County Deputy Judge/Executive
Office: (210) 555-5550 • Fax: (210) 555-5590 • E-mail: [email protected]

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Packet Pg. 243 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 45 SUBCONTRACTOR LETTERHEAD
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:

The “SUBCONTRACTOR NAME” team is very excited about the potential opportunity to serve Fort Swampy and our local community.

We are a minority owned business committed to employment for veterans, disabled veterans and disabled individuals as a whole. In fact, our executive team is majority veterans and we currently employ a few of the AB1 employees as part-time employees. Being from the community and dependents of veterans who retired in this area, we (the owners) are very aware of the importance of ensuring our company has solid representation reflective of the makeup of Hudspeth County.

The potential partnership with at Hudspeth County and Fort Swampy is exciting and we want to commit to doing the best possible job and being the best partner possible to EVERYONE involved.

This considered, we will work very hard within our budget to retain as many of the current AB1 team members as possible. In fact, as you know, this makes the most business sense in order to maintain as much continuity as possible just as the vast majority of other contractors do when taking over for another contractor.

In addition, we are involved with other businesses and contracts within the area. This considered, we believe it is likely we can extend offers of employment with these other businesses arid contracts to some of the individuals we are unable to employ at “SUBCONTRACTOR NAME.” As members of this community, we want to ensure our fellow community members are taken care of with our best efforts.

We think it is also prudent to point out that “SUBCONTRACTOR NAME” has a higher pay scale for individuals than the typical industry pay - to include AB1 employees - and we offer health insurance and 401k retirement options. We are committed to continuing a culture of excellence and service, while simultaneously taking care of our fellow community and team members.

Again, we appreciate the opportunity to serve and are happy to answer any questions you or your leadership may have.

Mark Antony (co-owner) Peter Doocy (co-owner)

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Packet Pg. 244 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 46 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE

INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA)

BETWEEN THE

UNITED STATES AND
[Specify Municipality / Public Partner]
INSERT IGSA NUMBER (UIC > IGSA > Fund Center > FY > Series Number) This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and [specify municipality, hereafter PUBLIC PARTNER is used for brevity throughout this model] is entered into pursuant to federal law codified at 10 USC 2679. The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to [Garrison Commander] (hereafter GC) to execute agreements on behalf of the United States.

The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the [PUBLIC PARTNER], the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.

RESPONSIBILITIES OF THE PARTIES:

The PUBLIC PARTNER shall perform the installation support services as stated in this IGSA. The term “installation support services” only includes services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services.

This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel.

The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees. Under no circumstances, shall PUBLIC

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Packet Pg. 245 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 47 PARTNER employees or contractors be deemed federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to collective bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA-M.

SUMMARY OF SERVICES AND PRICE:
[To be modeled by the IGSA-M based on CLINs, to include options, asneeded. For example:

In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:
[1st year: Services specify quantity specify unit specify total services 2nd year: SAB…]
[If funds are not available for the initial period of performance, add: Funds are not currently available for performance of this Agreement. No legal liability on the part of the United States shall arise until the IGSA-M notifies the PUBLIC PARTNER that funds are available and authorizes the PUBLIC PARTNER to begin performance of services.]
INCREMENTAL FUNDING (IF APPLICABLE): [If the installation does not have sufficient funds to pay for all services for a year’s performance, then the IGSA should state that:

The United States only has $ available for obligation and payment under this Agreement, and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA-M. The UnitedStates anticipates that it will receive additional funds incrementally to the full estimatedcost of the services for each performance period. The PUBLIC PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount offunds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA-M one month before it shall exceed the amount of available funding.

Upon receipt of such notification, the IGSA-M shall notify the PUBLIC PARTNER that additional funds have been allotted to the contract and specify theamount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.

The above conditions shall be applicable for each allotment of funding provided under the Agreement.]
TERM OF AGREEMENT: The term of this agreement shall be [specify: length.] [If more than one year, the agreement must state the term, such as:

The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA-M, and renewable for successive one year periods for 9 additional years.

The United States shall only be obligated for one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be

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Packet Pg. 246 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 48 obligated for an additional year of performance upon receipt of suchfunds, and only upon written notice by the Agreement Officer of an intent to award the option for an additional year of performance. The IGSA-M shall provide notice of the renewal of the IGSA at least 10 days prior to the expiration of then current performance period. The IGSA-M may condition the renewal upon availability of funds, and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally terminated bythe IGSA-M without further liability to the United States.]
PAYMENT: The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA-M in advance. The Public Partner shall electronicallysubmit invoices or payment requests to the Government’s IGSA-TR and the IGSA-M. The IGSA-M will not authorize payment unless all billed services have been satisfactorily completed, and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specifiedin this Agreement. [The payment method for IGSAs will be made via Miscellaneous Payment transactions processed through the General Fund Enterprise Business System (GFEBS). All IGSAs will be manually entered into GFEBS to commit and obligate funds. Payments will be processed within GFEBS by the garrison Resource Management office, who will submit payment documents to DFAS who will issue payment via electronic fund transfer (EFT) or check to the Service Provider.]
[CHANGE IN RATES, if applicable and requested by the PUBLIC PARTNER: (ONLY INSERT IF PUBLIC PARTNER REQUESTS OPPORTUNITY TO CHANGES RATES— YOU CAN USE WHATEVER NOTICE AND APPROVAL DATES YOU NEGOTIATE):

Rates may only be adjusted upon days written notice to the IGSA-TR and the IGSAM. If the IGSA-TR or his representative disagree, the parties shall discuss the proposedrates, changes in the services, or other modifications to Agreement.

Modifications to prices in the Agreement must be reduced to writing and approved and incorporated intothe Agreement by the IGSA-M.].

OPEN COMMUNICATIONS AND QUALITY CONTROL: The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the orderly transition of responsibilities for performance of the services by the PUBLIC PARTNER.

INSPECTION OF SERVICES: The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The [installation proponent for the services with

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Packet Pg. 247 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 49 IGSA-M concurrence] shall appoint an IGSA-TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identityof the IGSA-TR and his alternate, and of any changes. If services are performed outside the installation, the IGSA-TR shall be granted access to areas where services are performed.

The IGSA-TR shall have the right to inspect and test all services; inspections and tests to beconducted in a manner that will not unduly delay the performance of work.

If the IGSA-TR determines that services do not conform to the requirements in Agreement, the IGSA-TR can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the IGSA-TR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re-performance, the IGSA-TR can reduce the billed priceto reflect the reduced value of the services to be performed. The IGSA-TR may alternately, inhis sole discretion, waive price reductions or re-performance of services. Such waiversshall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA-M.

If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER’s performance, the Public Partner shall promptly notify the IGSA-TR.

In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and cannot be corrected to the satisfaction of the IGSA-TR, the IGSA-M may terminatethe IGSA immediately. Such termination shall not become effective without prior noticeand consultation with the PUBLIC PARTNER POC identified in this agreement.

TERMINATION: The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon days written notice to the POCs designated in this Agreement.

The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the IGSA-M of the termination, the PUBLIC PARTNER shall immediately stop all work. The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

SUSPENSION OF AGREEMENT: The United States reserves the right to suspend performance of the agreement or access to the installation in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the

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Packet Pg. 248 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 50 United States.

APPLICABLE LAW: The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.

CLAIMS AND DISPUTES: The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The IGSA-TR shall represent the Government in such meetings.

If the parties are unable to resolve an issue, the IGSA-TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA-M for a final decision.

The written submission must specify the nature and basis for the relief requested and include all data that supports the claim, and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA-M shall issue a final decision within 90 days of receipt of each claim.
[Appeals authority: Needs to be resolved: I propose though that if the PUBLIC PARTNER is dissatisfied with the IGSA-M’s decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA-M.]
[If the PUBLIC PARTNER wants to use an ADR process for appeals, consider the following: As part of its appeal, the PUBLIC PARTNER may request alternate disputes resolution (ADR) to resolve disputes; the Government may agree to use of ADR in its sole discretion. If ADR procedures are employed, the installation commander shall consider the findings and recommendations of the third party mediator(s) in making his final determination.]
Final paragraph in the claims and disputes section shall always read: The parties agree to the above procedures in lieu of litigation in any forum.

NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA: The POCs for issues pertaining to this IGSA are as follows:

For the United States, the IGSA-TR or his designated representative.

For the Public Partner:

Unless otherwise specified, all notices under this Agree shall be provided to the POCs specified above.

The POCs and a management official at least one level above the POCs as well as the IGSA IGSA-M shall meet annually to discuss the IGSA, and consider any amendments

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Packet Pg. 249 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 51 to the Agreement.

Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA-M in order to be effective.

DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION: The PUBLIC PARTNER shall conduct a visit of the installation with the IGSA-TR prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident avoidance plan and plan to protect Government property on the installation. The Public Partner shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the Public Partner does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The IGSA-TR shall provide written notice of the Government’s intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.

CONTINUITY OF SERVICES: The Public Partner recognizes that the services under this Agreement are vital to the United States and must be continued without interruption, and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the Public Partner agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.

HOLD HARMLESS: Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result of the activities of the PUBLIC PARTNER or its employees in performance of this Agreement.

WAGES AND LABOR LAW PROVISIONS: These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER, and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The PUBLIC PARTNER shall comply with all applicable federal, state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the IGSA-TR and the

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Packet Pg. 250 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 52 IGSA-M. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.

NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT: This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The PUBLIC PARTNER shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.

TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA-M.

ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the IGSA-M.

Signatures and dates of signatures of the parties: [The IGSA-M shall sign last.] FOR THE UNITED STATES: FOR THE [MUNICIPALITY]:

IGSA-M [specify title]
Date Date
List all Attachments/Annexes:

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Packet Pg. 251 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 53 SUGGESTED ATTACHMENTS/ANNEXES TO THE IGSA
(All approved IGSA Transaction Documents are on the IMCOM IGSA SharePoint site):
1) Statement of Work, to include specified tasks, performance required standards, as well as quality control requirements.

Statement of work (similar to contracts, but stating the basic services to be performed, frequency, responsibilities of each of the parties, etc.) [Note to drafters of IGSAs: This IGSA is based on the PUBLIC PARTNER providing services. If the IGSA will involve supplies or construction services, the installation must work with the IGSA-M and legal counsel to determine whether additional provisions are appropriate.

For construction, repair, and maintenance type services, see FAR Part 36 (inspections, liquidated damages, material and workmanship, protection of vegetation and buildings, storage areas, accident prevention, utilities). For example, if the Agreement will require the PUBLIC PARTNER to repair or paint a government facility, the installation could consider including a liquidated damages provision which is typical of some of our construction and similar service type contracts. However, the Davis Bacon Act would not be applicable.

If the PUBLIC PARTNER will furnish supplies, the applicable Buy America Act provisions need to be addressed in the IGSA. See FAR Part 25 and DFARS 225. The Walsh Healey Act would not be applicable. The PUBLIC PARTNER should provide title to all goods provided, and a warrantee of merchantability and fitness for use.

Special issues:
(1) If convict labor is proposed, consult with counsel to see if the conditions in FAR

22.201 which are based on Executive Orders can be satisfied. It is unlikely that convict labor can be used unless they are paid at wage grades or rates normally paid by the PUBLIC PARTNER, see 10 USC 2679(a)(2)(B).
(2) If the PUBLIC PARTNER proposes to provide prison related facilities and services for housing of military prisoners, consult with the installation provost marshal and staff judge advocate for appropriate additional provisions.
(3) If the PUBLIC PARTNER will provide administrative support to the installation, consider adding FOIA, Privacy Act, and HIPPA provisions, as applicable, as well prohibitions on the disclosure or use of non-public information. (4) If the PUBLIC PARTNER will provide IT services, consult with counsel and consider adding appropriate provisions in DFARS Part 227.]
2) Describe all Government or PUBLIC PARTNER furnished property, equipment, and services:

Consider the following provisions:

GOVERNMENT FURNISHED PROPETY:
[If the PUBLIC PARTNER will use government equipment or facilities in performance of the IGSA, the IGSA should include an inventory of such items, and require an

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Packet Pg. 252 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 54 accounting of all items at the beginning and end of the IGSA. [If space or facilities will be provided to the PUBLIC PARTNER, advise whether utilities or other services will be provided at no cost or must be reimbursed. If space is provided, the Agreement should require the PUBLIC PARTNER to keep the area clean and free from accumulations of materials and waste, and address who will be responsible for repairs and custodial services.

The IGSA should additionally provide: The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property caused by its employees whether intentionally or through negligence. Should government furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR.

Governmentfurnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.
[For contractor furnished property, if the installation lists the equipment and facilities which will be provided to the PUBLIC PARTNER, the IGSA can add the following provision: The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
2) Acronyms and Definitions (list as applicable):
3) Installation Security and Access Requirements:

INSTALLATION SECURITY AND ACCESS REQUIREMENTS: [if work will be performed on an Army installation or other property under the Army’s control, consult with the installation G-2 to add specific security requirements that must be met for contractors toaccess Army property as well as background requirements for PUBLIC PARTNER employees. The following work sheet shall be completed by the proponent for the services, submitted to the installation G-2 for review and approval, and submitted to theIGSA-M. The installation G-2 shall submit any additional installation security procedures and requirements to the IGSA-M, to include any limitations on access to the installation, specific gates to be used, licensing and inspection of vehicle requirements, etc. In the unlikely event that the Agreement will require PUBLIC PARTNER or its employees to access classified information, the installation shall specify procedures for access, storage, and similar procedures for all classified information. The IGSA-M shall additionally tailor FAR 52.204-2 forinclusion in the Agreement.]
Recommend including in this attachment: The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.

The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services underthis IGSA without the specific

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Packet Pg. 253 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 55 approval of the IGSA-TR. The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.

All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name.

CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/OPERATIONS

SECURITY REVIEW COVER SHEET
Requirements Package Title
Date
Section I.

Purpose of cover sheet: To document the review of the requirements package, statement of work (SOW), quality assurance surveillance plan and any applicable source selection evaluation criteria for antiterrorism (AT) and other related protection matters to include, but not limited to: AT, operations security (OPSEC), information assurance (IA)/cyber security, physical security, law enforcement, intelligence, foreign disclosure.

Army policy requirement: A signed AT/OPSEC cover sheet is required to be included in all requirements packages except for supply contracts under the simplified acquisition level threshold, field ordering officer actions and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold.

Mandatory review and signatures: The requiring activity antiterrorism officer (ATO) must review each requirements package prior to submission to the supporting contracting activity to include coordination with other staff elements for review as appropriate per section II below. If the requiring activity does not have an ATO, the first ATO in the chain of command will review the contract for considerations. An OPSEC officer and Information Officer review is also mandatory.

Section II. Standard Contract Language Provision/Contract Clause Text Applicability and/or Additional SOW Language. If standard contract or clause language found on page 2 (Section IV) of this form is sufficient to meet specific contract request requirements, check "yes" in block below and include this language in the SOW. If standard contract text (provisions or clauses) or clause language does

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Packet Pg. 254 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 56 not apply, check "no." If the standard SOW language applies, but is not in of itself sufficient, check "yes" and "SOW" and include both the standard language and additional contract specific language in the SOW. If standard contract text or clause language is not desired, but there is related contract specific language in the SOW, check "no" and "SOW." If yes is marked for items 1, 3, 4, 7, 8, 12 or 13, training is required. Mandatory training must be measured as a deliverable and evaluated in the QASP.

1. AT level 1 training (general) YES NO SOW

2. Access and general protection policy and
procedures

YES NO SOW
2a. For contractor requiring Common Access
Card (CAC)

YES NO SOW
2b. For contractor not eligible for CAC, but
requires access to DoD facility or installation.

YES NO SOW

3. AT awareness training for US based
contractor personnel traveling overseas.

YES NO SOW

4. iWATCH training YES NO SOW

5. Army Training Certification Tracking System
(ATCTS) registration for contractor employees
who require access to government information
systems.

YES NO SOW

6. For contracts that require a formal OPSEC
program.

YES NO SOW

7. Requirement for OPSEC training YES NO SOW

8. Information assurance/information technology
training

YES NO SOW

9. Information assurance/information technology
certification

YES NO SOW

10. Contractor Authorized to Accompany the
Force clause

YES NO SOW

11. Contract requiring performance or delivery in
a foreign country

YES NO SOW

12. Handling/Access to Classified Information YES NO SOW

13. Threat Awareness Reporting Program YES NO SOW

14. Delivery of Food and Water YES NO SOW
Section III. Remarks:

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Packet Pg. 255 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 57 Antiterrorism Review Signature: I am an ATO (Level II Certified) and have reviewed the requirements package and understand my responsibilities in accordance with Army Regulation 525-13, Antiterrorism.

Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Operations Security Review Signature: I am OPSEC level II certified and have reviewed the requirements package, and it is in compliance with Army Regulation 530-1, Operations Security.

Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Information Assurance Review Signature: I am IAM and IAT level III certified and have reviewed the requirements package and it is in compliance with DOD 8570.01-M and DOD 8580-1 para 4.

Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.

1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion

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Packet Pg. 256 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 58 of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated subcontractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13.

Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

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Packet Pg. 257 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 59 4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.

The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO).

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.

This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems.

All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

6. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

7. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. AT level I awareness training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm

8. For Cyber Awareness (Information assurance (IA)/information technology (IT)) training. All contractor employees and associated sub-contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. AT level I awareness training is available at the following website:
https://ia.signal.army.mil/DoDIAA/

9. For Cyber (Information assurance (IA)/information technology (IT)) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting Cyber (IA/IT) functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

10. For contractors authorized to accompany the force. DFARS Clause 252.225- 7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other

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Packet Pg. 258 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 60 military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

11. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingency and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

12. For contracts that require handling or access to classified information.

Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

13. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b of AR 381-12.

14. For contracts that require delivery of food and water. This standard language is for contractor employees with an area of performance delivering food and water within an Army-controlled installation, facility or area. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and / or Law enforcement Officials. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to insure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading. Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to

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Packet Pg. 259 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 61 adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.
4) Other General Provisions to be considered:

FEDERAL HOLIDAYS: [If applicable, specify when the contractor can perform services on the installation, and advise whether the contractor is obligated to perform during federal holidays. If not, specify whether the services be made up, for example, performed on the next duty day, or skipped. The federal holidays should be listed.] INSURANCE [If services are provided on post]: The PUBLIC PARTNER shall at its own expense provide and maintain during the entire period of this IGSA the following insurance:
a. General liability insurance with a minimum combined single limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for all premises and operations. The policy shall include coverage for bodily injury, death and property damage arising out of actions or omissions by the PUBLIC PARTNER or its employees or contractors. b. Comprehensive vehicular liability insurance in the combined single limit of $1,000,000 per occurrence for bodily injury and property damage.
c. Copies shall be furnished to the IGSA-TR and IGSA-M before providing services under this agreement.
[NOTE BENE: The PUBLIC PARTNER may propose to self-insure for such damage.

Its acceptability should be assessed by the installation. If acceptable, an appropriate provision should be included in the IGSA addressing self-insurance and stating that the self-insurance is authorized in lieu of the above insurance requirements.

LIABILITY FOR DAMAGE TO THIRD PARTIES: The PUBLIC PARTNER shall be liable to the government for loss or damage to third parties in performance of the services, wherever performed, and for injury or death of persons resulting from the negligence or fault of the PUBLIC PARTNER , its employees, its contractors, or agents in performance of the contract. The PUBLIC PARTNER shall hold the United States harmless from claims or litigation from third parties, and shall indemnify the Government for all judgments against it as well as costs incurred in connection with defense of such litigation. The United States shall not be responsible for injuries and deaths to the PUBLIC PARTNER’s employees or employees of its contractors, unless caused by a Government employee and compensable pursuant to federal legislation authorizing recovery against the United States.

DUTY TO COOPERATE IN ACCIDENTS AND DAMAGE: The PUBLIC PARTNER shall fully cooperate with the United States in investigations involving accidents or damage to property or persons on property under federal control. The PUBLIC PARTNER shall timely furnish to the IGSA-TR reports of investigations it completes regardingsuch incidents.

MEDICAL CARE IN EMERGENCIES:
[Specify whether military or other medical facilities on post will be made available for treatment of PUBLIC PARTNER employees in event of emergencies, and whether such

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Packet Pg. 260 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 62 services will be reimbursed by the PUBLIC PARTNER. Consult with the local military treatment facility commander.]
ENVIRONMENTAL REQUIREMENTS:
[The installation’s DPW and environmental law attorney should provide any environmental requirements applicable to the installation. If hazardous materials are involved, or the PUBLIC PARTNER must use hazardous materials in performance, consider tailoring clauses at FAR 52.223-3, etc.]
DRUG FREE WORKPLACE ON MILITARY INSTALLATIONS AND FACILITIES: All property under the control of the Department of the Army are drug free areas.

Notwithstanding any contrary State or Local law, the Public Partner shall notify all individuals performing services on the installation that no controlled substances as specified in the Controlled Substances Act and 21 Code of Federal Regulations shall be sold, distributed, used or consumed on the installation. The IGSA-TR may direct the PUBLIC PARTNER to bar individuals who violate these laws and policies. Such individuals additionally may be barred from access to the installation by the installation commander.

PUBLIC PARTNER EMPLOYEE REQUIREMENTS: All PUBLIC PARTNER and contractor employees shall comply with all installation security, health and safety conditions. Employees who interface with government personnel shall be able to speak and understand English. All employees shall wear identification badges or distinctive clothing which clearly identifies that they are PUBLIC PARTNER employees.

At the conclusion of the IGSA or whenever an employee no longer performs IGSA services, the PUBLIC PARTNER will provide the IGSA-TR all identification or other credentials furnished by the government.
[Add: Installation regulations or practices that are applicable to all individuals on post that might not be specified elsewhere in the IGSA].

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Packet Pg. 261 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 63 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE

APPOINTMENT MEMORANDUM TEMPLATE

OFFICE SYMBOL DATE
MEMORANDUM FOR the X Garrison Intergovernmental Support Agreements (IGSA) Manager/Technical Representative, IGSA-M/TR Name
SUBJECT: Delegation of Authority for IGSA Manager/Technical Representative Role and Responsibility
You are hereby appointed the Garrison IGSA Manager/Technical Representative.

You and your immediate supervisor are required to sign the last page of this memorandum within seven calendar days to acknowledge your appointment as the IGSA-M/TR to demonstrate that you are in receipt of this memorandum.

You should familiarize yourself with the IGSA oversight process and communicate with the Garrison IGSA Technical Representatives, IGSA Support Agreement Specialist and IGSA community partners as necessary to ensure satisfactory performance of the IGSA requirements. You are the only Army employee who has the role and responsibility to initiate, coordinate, and integrate outreach efforts to establish community partnership for IGSAs at Garrison, STATE (Garrison Acronym)
In your capacity as IGSA-M, you have the authority to:

1. Conduct the initial outreach efforts with community leaders for consideration of IGSAs.

2. Ensure the follow-up, coordination, and organization of preliminary planning meetingswith Community Senior Leaders, the Garrison Commander, Installation stakeholders and IMCOM HQ SME Leaders.

Your responsibilities as the IGSA-M/TR also include, but are notlimited to:

1. Maintain a professional relationship with the IGSA partner in the interest of Army integrity and sound management.

2. Ensure due outs are executed from all stakeholder meetings.

3. At a minimum, the IGSA-M/TR’s files should contain copies of the following:
a. This IGSA-M appointment memorandum and acknowledgement. b. IGSA transaction instrument and any modifications.
c. Records of conversations with the IGSA partner, including meeting notes.

All records must be retained for 6 years, 3 months.

Your designation as IGSA-M/TR shall remain in effect through the IGSA Mission timeline unless sooner revoked by the Garrison Commander (or equivalent),

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Packet Pg. 262 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 64 and any such revocation of the designation shall be in writing. If your designation is revoked for any reason, turn your records over to the successor IGSA-M/TR.

The undersigned acknowledges the IGSA-M/TR appointment and accepts the duties, responsibilities and limitations described in this appointment memorandum.

The IGSA Integration Manager’s immediate supervisor confirms that sufficient time will be given for the IGSA Integration Manager to perform the IGSA Integration role.

Insert IGSA-M/TR Full Name Date
Insert IGSA-M/TR Supervisor Full Name Date
Garrison Commander (for IGSA-M)/
IGSA-M name for IGSA-TRs
Colonel, BRANCH /Office of IGSA-M
Commanding/IGSA-M for TRs

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Packet Pg. 263 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 65 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE
Guidance for Execution of Army IGSAs where Army Receives Installation Support Services from a State or Local Government
GENERAL INFORMATION:

The payment method for IGSAs with municipalities will be made via a Miscellaneous Receipts payment transaction through the General Fund Enterprise Business System (GFEBS). Thirty days is the average processing time after all information is loaded into GFEBS. After the IGSA transaction document is signed by both the municipality representative and the garrison commander, the unique IGSA number be manually entered into GFEBS to commit funds. Electronic Fund Transfer (EFT) information will be provided by the municipality for the payment.

In the current fiscally constrained environment, it is essential that IMCOM leverage Intergovernmental Support Agreement (IGSA) authorities and opportunities to seek cost-cutting efficiencies, improve service delivery, and improve relationships with state and local governments. The benefits of Public-to-Public partnerships include: Army use of communities' excess capability; community use of the Army's excess capability, increased economies of scale, cost savings and avoidance, and enhanced relationships with our public sector partners. IGSAs have the potential to realize 30% cost reduction in service delivery over traditional acquisition methods. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, JWOD, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8A, Ability-1, and other special acquisition programs.

Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison Resource Management Office must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be made via a miscellaneous payment transaction through the General Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.

Financial managers will build utilize the project structure provided by G4, and set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook. Each IGSA will be given a unique number so that it can be tracked.

The numbering convention for IGSAs is as follows:

UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001

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Packet Pg. 264 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 66 In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:

IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:

1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.

2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:

IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.

3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSAFund Center-FY-Sequence number of the IGSA (IGSA Number)

4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)

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Packet Pg. 265 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 67 b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable
(6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logstics Agency through SAM.GOV)
(8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA-TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSA-M.
d. The IGSA Manager (IGSA-M) will review invoice and authorize payment if all billed services have been satisfactorily completed.

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Packet Pg. 266 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 68 e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.

5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure
execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.

G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], (870) 648-5220

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Packet Pg. 267 Attachment: IMCOM IGSA Handbook_V5 (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) Installation Support Services
Fort Irwin, California
Revision: May 10, 2022
Submitted by:

Kody Tompkins
City of Barstow
220 E. Mountain View
Suite A
Barstow, CA 92311
Phone: 760.255.5157
E-mail: [email protected]
Kody Tompkins,
General Manger of
Environmental Services
Submitted to:

Raquel A. Cisneros
Resource Management Officer
Garrison, Ft Irwin CA
This proposal includes data that shall not be disclosed outside the Client and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of—or in connection with—the submission of this data, the Client shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Client’s right to use information contained in this data if it is obtained from another sourcewithout High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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Packet Pg. 268 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. i
Table of Contents
Glossary ..................................................................................................................................... 2

1.0 Introduction .................................................................................................................... 4

2.0 Estimate Approach......................................................................................................... 4

3.0 Basis of Estimate ........................................................................................................... 4

4.0 Pricing Breakdown....................................................................................................... 15

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Packet Pg. 269 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. ii
Glossary
Acronym Definition
AWD Area Wage Determination
BOE Basis of Estimate
CACO Corporate Administrative Contracting Officer
CASB Cost Accounting Standards Board
CBA Collective Bargaining Agreement
CDC Child Development Center
CLIN Contract Line Item Number
CY Calendar Year
DBA Davis-Bacon Act
DCAA Defense Contract Auditing Agency
DCMA Defense Contract Management Agency
DFARS Defense Federal Acquisition Regulations
DMO Demand Maintenance Order
DoD Department of Defense
DOL Department of Labor
FAR Federal Acquisition Regulations
FICA Federal Insurance Contributions Act
FTE Full Time Equivalent
FUTA Federal Unemployment Insurance
GFEBS General Fund Enterprise Business System
HDSS High Desert Support Services, LLC
HOA Home Office Allocation
HVAC Heating, Ventilation, Air Conditioning
IFMA International Facility Management Association
IJO Individual Job Order
IRS Internal Revenue Service
ISS Installation Support Services
LCM Life Cycle Management
LRC Logistics Readiness Center
MAC Maintenance Allocation Chart
MEP Mechanical, Electrical, Plumbing
NLT No Later Than
ODC Other Direct Cost
OT Overtime
OWO Operational Work Order
PM Preventive Maintenance
PMO Preventive Maintenance Order
PPE Personal Protective Equipment
PTO Paid Time Off
PWO Project Work Order
PWS Performance Work Statement
REA Request for Equitable Adjustment
SBU Strategic Business Unit
SCA Service Contract Act

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Packet Pg. 270 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. iii
Acronym Definition
SME Subject Matter Expert
SO Service Order
SOO Standing Operating Order
SUTA State Unemployment Insurance
TE Technical Exhibit

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Packet Pg. 271 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 4 1.0 Introduction
The following sections explain HDSS’s cost and pricing approach, including discussion of specific components of the estimate.

2.0 Estimate Approach
HDSS’s costs were built up based on historical workload data from the performance of the current Fort Irwin ISS contract. Specifically, costs in this proposal are based on the following:
 Historical quantities of preventative maintenance, demand maintenance work orders and standing operational orders in each annex from the current contract  Historical average levels of labor effort to complete the above work orders  Historical average material costs per year by annex
 Historical other direct costs (ODC) costs per year (including subcontractors)  Historical management staff requirements
 Escalation applied to out-year costs, excluding collective bargaining agreement (CBA) labor which is under union agreements. CBA labor categories will be subject to contract adjustments as each collective bargaining agreement is renegotiated.

The above referenced data was used to build a staffing plan, material costs, and ODC costs for the base year. The base year was then escalated (excluding CBA labor) for each successive year in the 10-year contract period.

For the Annexes (Annexes H & J) where a cost-plus alternate was requested, we based the pricing on the same information as the FFP estimate with some labor and material cost reductions assumed. The actual costs to the Government for the cost-plus portions will be variable depending on actual workload should Annexes H & J be awarded under a cost reimbursable arrangement.

3.0 Basis of Estimate
Our proposed pricing is based primarily on requirements provided in the annexes, as supplemented by HDSS’ knowledge of historical level-of-effort from our current ISS contract at Fort Irwin. Below, we describe basis used to prepare this proposal. Deviations will result in compensable contract changes per the terms of our contractual agreement.

Our proposal is based on the award of all annexes included in this proposal. In the case that award of only a portion of the proposed annexes is awarded, changes to pricing may be necessary.

3.1 Cost Elements

3.1.1 Labor Costs/Wage Rates
The proposed HDSS exempt employee hourly labor rates used in the estimate are based on HDSS Federal Services, LLC personnel actual labor rates as of January 2022.

Where applicable HDSS Federal Services, LLC has used an average labor rate. Wage rates have been audited by the DCAA. HDSS is in full compliance with HDSS’s DCAA approved Estimating System requirements as we developed the cost of wages. In addition, we have complied with HDSS’s Cost Accounting Standards Board (CASB) Disclosure Statement which defines what functions are charged as direct or Home Allocation costs. We applied these rules to our pricing and, as a result, we only include project administration functions that are charged directly to the project.

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Packet Pg. 272 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 5 SCA wage rates are based on actual rates for the positions and meet or exceed the required minimum wage rates prescribed by the current applicable SCA wage decision. Escalation of 3% per year is included for SCA positions to include the base year of the proposed contract (FY 2022). CBA rates are based on the current collective bargaining agreements as applicable to specific craft labor. Escalation has not been included for CBA labor.

3.1.2 Equipment Costs
Equipment costs are based on budgetary quoted prices for purchase of contractor furnished equipment (CFE) have been included. This equipment is rented under the current contract but will be purchased in the first year of the proposed contract. Purchase of this equipment is the lower cost option given the length of the proposed contract. The equipment to be purchased is as follows:
 Crack sealer
 12K Telehandler (2 each) reduced to 1 as per City/Army meeting 05/05/22 8:00am  Load Bank, Trailer, Mounted OTL4-1255. 1-480DD25600-5  Truck, Service, Platform, Bucket
We have included equipment maintenance costs for each piece of CFE for each year of the contract.

3.1.2 Material Costs
Material costs were estimated based on material purchase costs related to historical records of work orders of the current contract adjusted to eliminate high dollar purchases which would not be part of the proposed contract.

3.1.3 Tools Costs
As per Annex A Section 7.5.3 we understand that it will our responsibility to purchase all small tools listed on final agreed document “HDSS Small Tool Property Storage” but will retain all tool storage for item security. We will procure several bids to achieve best pricing and will invoice lump-sum total to the Government once the procurement is completed.

3.1.4 Subcontract Costs
Subcontract costs are included for warehouse and logistics, custodial (Annex D), and pest control (Annex M). Subcontractor labor costs are built up using the staffing and rates proposed by the respective subcontractor. Material and other costs for subcontractors are based on subcontractor proposals.

3.2 Indirect Costs and Markups

3.2.1 Escalation
Escalation was applied to costs for future years at the rate of 3.0% per year compounded. The rate of 3.0% was derived based on Bureau of Labor Statistics data as shown in the following table. Contractor assumes it will be able to reapproach for recovery if labor or materials exceeds 3.5% on an annual basis.

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Packet Pg. 273 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 6 Escalation (Based on BLS PPI Index Data 2011 to 2021) Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Avg 2012 3.5 3.9 4.1 3.6 3.5 3.4 2.0 2.0 2.0 1.0 1.1 1.4 2.6 2013 1.4 1.3 1.2 1.4 1.5 1.7 2.3 2.3 2.6 4.1 4.0 4.1 2.3 2014 4.0 4.0 4.0 3.6 3.5 3.5 3.5 3.5 3.4 1.9 2.1 1.9 3.2 2015 2.0 2.0 2.0 1.6 1.9 1.8 2.1 2.0 1.7 2.0 2.0 2.2 1.9 2016 1.3 1.2 1.1 2.0 1.3 1.2 -0.4 -0.3 0.0 0.2 0.1 0.0 0.6 2017 0.7 0.8 0.8 0.8 1.3 1.3 4.4 4.2 4.1 3.9 3.9 3.9 2.5 2018 4.5 4.5 4.4 4.9 4.8 5.1 3.5 3.7 3.6 5.8 6.1 5.9 4.7 2019 5.9 5.9 5.9 6.9 6.9 6.6 6.7 6.6 6.7 4.6 4.3 4.5 5.9 2020 4.5 4.5 4.4 3.3 3.3 3.2 3.4 3.4 3.2 2.3 2.0 2.3 3.3 2021 1.8 2.0 2.2 1.8 1.9 2.2 4.0 4.5 4.9 13.4 14.2 14.3 5.6 2022 17.5 18.2 18.5 18.0
Average All Years 4.6
Our base year is calendar year 2022, so escalation was applied to all components of the estimate starting with the base year with the exception of CBA labor.

3.2.2 Fringe Benefits
In accordance with HDSS’s DCAA approved estimating practices, fringe is calculated on direct charged salaries and wages using our approved provisional fringe bidding rates. The fringe bidding rates are expressed as a percentage of direct labor cost.

HDSS exempt employees will be provided benefits from the HDSS company benefits plan.

HDSS’s exempt fringe package provides for medical insurance, dental insurance, pharmacy program, life insurance, dependent life insurance, accidental death and dismemberment, and a 401(k) program. Paid absences are provided for vacation, holiday, sick time, and other time off.

In accordance with HDSS’s disclosed practices, fringe costs, which include statutory benefits, are defined as a percent of direct labor. For this proposal, the exempt fringe percentage used are the full fringe provisional rates averaged for the period of the proposed contract. The fringe rate applied in the estimate is 35.33%.

SCA fringe rates are the same as HDSS fringe benefits described above.

CBA fringes are calculated based on labor classifications, benefits as prescribed in the CBA agreements (training, insurance, vacation, holiday, sick, bereavement, etc.). The calculated fringe rate for CBA employees is 71.60%.

3.2.3 Sales Tax
As per Annex A section 2.1.7.3.3 we have not accounted for any sales tax under the assumption we will be provided a tax exemption letter. If this is not the case, we will be applying applicable local sales tax rate to all material and equipment purchase costs as they are incurred.

3.2.4 G&A Rate
The HDSS G&A rate is be applied to the total cost input. Total cost input is the summation of direct labor cost, subcontracts, materials, equipment, and ODCs. JV G&A includes costs for taxes, human resources, IT, compliance, legal, financial transactions, and accounting.

In accordance with HDSS’s DCAA approved practices, HDSS’s Government Compliance group analyzed the contract and the LLC’s impact on the company’s home allocations, accounting for

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Packet Pg. 274 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 7 Aptim Federal Services, LLC’s role as Administrative Manager, and developed an allocation.

HDSS applied a G&A rate of 3.23% which is the most recent updated rate.

3.2.5 Fee
HDSS applied a fee of 4.75% to cost plus annexes.

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Packet Pg. 275 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 8 3.3 Assumptions
We have separated the items below based on whether each applies for only firm-fixed price or both firm-fixed and cost-reimbursable pricing structures.

3.3.1 Applicable for Only Firm Fixed Pricing

1. The documents provided to HDSS for this proposal did not clearly define workload. As a result, our proposal assumes future workload will not deviate from workload experienced during our current contract. Our proposed price is based on historical workload from the last three full years of the contract and limited to the following work order quantities:
 Demand Maintenance Order (DMO): 15,236/year
 Preventative Maintenance Order (PMO): 17,353/year
 Standing Operational Order (SOO): 11/year

2. We assumed no more than 25 Priority One personnel support causing overtime incidents (including 10 for special events) within each 12-month period of performance. As per City/Army meeting 05/05/22 8:00am agreed that any instances of overtime within Annex G will be reimbursable as incurred and moved to 3.3.2.

3. We assumed that some facilities may at times be jointly occupied by Contractor and Government personnel. Contractor signs with name, logo, or emblem shall be in accordance with the Installation Design Guide.

4. We assumed retention of current PMO office space site under HDSS lease responsibility. If the trailer requires relocation, reimbursement of costs to the Contractor will be negotiated at that time.

5. We assumed GFP leased equipment as outlined below will continue to be furnished, maintained, and provided fuel by the Government:

GFP Leased Equipment:
 Asphalt Compactor
 Crack Sealer
 12-foot stake bed truck
 Utility Trailer
 Arial work Platform
 22-foot stake bed truck
 Bucket truck

6. We included the following Contractor Furnished Equipment (CFE) and rental/purchase pricing (as appropriate for required level of use) in our proposed pricing. Maintenance costs for these pieces of equipment are included in the proposed pricing. We assumed continued use of GFP leasing by Government while equipment procured and delivered. No additional CFE is included in this proposal.

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Packet Pg. 276 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 9 Proposed CFE:
 Crack sealer
 12K Telehandler (2 each) reduced to 1 as per City/Army meeting 05/05/22 8:00am  Load Bank, Trailer, Mounted OTL4-1255. 1-480DD25600-5  Truck, Service, Platform, Bucket

7. We assumed that if we need to provide Contractor-Furnished Equipment not previously identified as GFP, the Contractor shall provide all vehicles, equipment, parts, tools, fuel, oil, materials, and any other items required to perform all Contract requirements through REA process. The Contractor's property shall be operational as intended by the manufacturer, and be safe, clean, and suitable for use at a military installation. Equipment will be California Air Resources Board (CARB) compliant as applicable.

8. We assumed we will be rent/leasing a ramjet cleaner (vactor truck) as required when approved by Government and that will be reimbursable as it occurs as per email04/21/2022.

9. Annex C 2.2.3: We assumed all currently Government furnished equipment and vehicles to deliver furniture will continue to be furnished by the Government.

10.Annex D 2.2 We assume no more than 10 occurrences and that this will be facilitated through scheduling changes and not additional work.

11.Annex D 2.5.1 We assume this requirement excludes all personal property of building occupants

12.Annex D 2.11.2: Our proposal does not include dusting visible surfaces on vending machines, as these are provided by and serviced by contractors other thanHDSS.

13.Annex D 2.14.4: We assumed we can continue to use bulk-size refills for cleaning solutions, soaps, etc. in accordance with OSHA standards/regulations.

14.Annex D 2.14.5.1: We assume we will provide Child Development Center (CDC) cleaning materials that are MWR approved, but not specialized materials as has been pastpractice, unless provided by the CDC.

15.Annex D Gold Standard: We assumed as per email 05/09/2022 that Gold Standard requirement has been completely removed from janitorial requirements.

16.Annex F Section 2.2.3: Our proposal assumes no more than 10 tree replacements per year.

Irrigation necessary for the survival of plants is controlled by another contractor and outside the control of HDSS. Irrigation issues will be reported to the Prime contractor.

17.Annex F Section 2.2.14: We assumed no more than four Special Services to take place within each contract year.

18.TE F3 “Landscape Schedule”: We assumed this schedule is an example and not binding, as weather and other onsite conditions along with commercial best practices determine scheduling and make schedules subject to change.

19.Annex G 1.1 We assume 0 snow and ice storm events per year and no more than 3 heavy rain events per year. Buildup based on average of historical costs in inclement weatherand debris line. Moved to 3.3.2 as cost reimbursable as per City/Army meeting 05/05/22 8:00am

20.Annex G Section 2.2.1: We assumed instances of overtime caused by the No Later Than (NLT) standard for performance outside normal operating hours to be no more than 2 instances per contract year. Moved to 3.3.2 as cost reimbursable as per City/Army meeting 05/05/22 8:00am

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Packet Pg. 277 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 10 21.Annex G TE F6: We assumed 15 priority buildings as stated in “snow, ice, and sand removal, Priority sidewalks, and entryways. G2 is TE for Priority one buildings and roads as per City/Army meeting 05/05/22 8:00am

22. Annex H PRS Item 5: Our proposal does not include responsibility for the 75% standardof operation of wash rack 630 specifically, as an outside contractor other than HDSS has caused known contaminant issues previously addressed with Government. As a result, this standard cannot be achieved. As per City/Army meeting 05/05/22 8:00am this has been removed from H and is solely in Annex J

23.Annex L Section 3.4.2 and PRS Item 6: Our proposal does not include responsibility for the 75% standard of operation of wash rack 630 specifically, as an outside contractor other than HDSS has caused known contaminant issues previously addressed with Government. As a result, this standard cannot be achieved. As per City/Army meeting 05/05/22 8:00am PRS is now in Annex J 2.2.4.4.1

24.Annex M Section 2.3.1 Special Services: We assumed that we will be able to cost out and bid for further reimbursement on all special services, utilizing pre-established unit pricing foreach contract year. Special Services will require negotiation on a case-by-case basis. As per City/Army meeting 05/05/22 8:00am this has been removed from M by stating N/A.

25.Annex P: We assumed that as cost is incrementally incurred given fluctuation in fuel rates which does not allow for accurate assessment of forecasted fuel costs these costs willrequire negotiation as pricing fluctuate.

3.3.2 Applicable for Both Firm Fixed and Cost Reimbursable Pricing

1. We assumed that Government-furnished equipment and furnishings provided under the current contract will continue to be provided at no cost to HDSS and will be fit for their intended purpose.

2. We assumed that the proposed contract will maintain the same labor rates and provisions as the current contract in accordance with the current Collective Bargaining Agreements(CBAs).

3. We assumed that CBA labor adjustments resulting from renegotiated CBAs will be treated as a modification to the contract (In the same manner as Federal fixed price ISS contracts) and did not include escalation on CBA labor.

4. We assumed that SCA labor adjustments resulting from new SCA wage decisions will be treated as a modification to the contract (in the same manner as Federal fixed price ISS contracts).

5. We assumed State of California wage requirements will not apply. Changes in wage requirements will require adjustments in labor rates and be subject to contract modificationby the City of Barstow to account for the increased costs and administration of complying with State of California wage requirements. Such adjustment(s) may be retroactively applicable should a cognizant authority determine or allege that the date of noncompliance precedes then-current discussions.

6. We included 3% annual escalation of labor (excluding craft labor covered by a CBA) and material costs for out years based on recent Bureau of Labor Statistics Data. Weassumed that escalation in excess of 3% per year will be subject to contract modification to cover excess labor and/or material escalation.

7. We assumed a material limit of liability of $2,000 per service order. We assumed that any service order requiring parts and/or materials in excess of $2,000 will be outside the scope of this contract and will be negotiated as a Project Work Order (PWO) to be added as a modification to the contract. As per verbal from current COR Miguel 05/10/2022 Army

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Packet Pg. 278 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 11 requested changing limit of liability to current standard.

8. We based material quantities and pricing on historical values for consumables and repair parts on our current contract. Should this requirement increase, whether due to aging equipment and/or infrastructure on Fort Irwin or otherwise, we assume that any significant increase will be subject to contract modification to compensate for increasedcosts.

9. We assumed that any and all references to fire protection, suppression systems, mutual aid, barriers, or any other reference that falls under the purview of the Department of Emergency Services is outside the scope of this contract.

10.We assumed that no more than 10 Special Events will be held per contract year that require our assistance that could result in overtime charges for labor. Examples of such events include but are not limited to events such as Oktoberfest, Power Outages, Holiday Market/Tree Lighting, and Independence Celebration/Summer Bash. We assume 6 additional events now referenced in new Annex A Section 7.2.6 given will be reimbursable per authorized occurrence.

11.Annex A 2.1.6 We assume that any and all materials, training, travel, labor, etc. to meet and maintain annually the basic first aid training requirement will be reimbursed to the Contractor as it is incurred. We also reject the standard as outlined of “Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor” on the grounds that a) Both transport and WACH are outside ASD preview so ASD would be due no reimbursement and b) WACH process is to seek reimbursement themselves by billing patient medical or workers comp insurance. Contractor will not accept liability for costs that are not theirs in nature. As per City/Army meeting 05/05/22 8:00am this has been removed from A by stating N/A.

12.Annex A Section 2.2.4.8 Army Maintenance Application (ArMA). We assumed additional FTEs will be negotiated into the contract if this added workload and level of effort, to implement this new requirement, is negatively impactful to current staffing.

13.Annex A Section 2.11 Warranty Program. We assumed the only warranty records and warranty repair coordination we are maintaining is for equipment, services, and work we procure and/or perform. All warranty records and repair coordination for project warranty work, outside the scope, will be maintained by DPW.

14.Annex A 2.15.7.1 We assumed we are only responsible for loss or damage to equipment and material when gross negligence is proven.

15.Annex A 2.16 Security Training. We assumed TARP and Human Trafficking training is no longer a requirement. As per City/Army meeting 05/05/22 8:00am TARP required HTIP is not.

16.Annex A 2.19.2 – 2.19.3.4 Environmental Compliance. We assumed pickup and disposal of hazardous materials will still be provided by the P2 yard.

17.Annex A 2.19.6. – 2.19.6.5 Perform Hazardous Material Work. We assumed that work involving asbestos removal, lead based paint, mold removal and abatement will be subject to an REA for each occurrence.

18.Annex A PRS Item 4 We assumed performing these inventories semiannually as no response given on historical occurrences of Change of Command. As per City/Army meeting 05/05/22 8:00am and email received same day this applies to Unit COM only and is being done currently.

19.Annex A PRS Item 5 We assumed no more than 10 occurrences and that this will be facilitated through scheduling changes and not additional work.

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Packet Pg. 279 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 12 20.Annex A PRS Item 8 We assumed performance to 90% standard agreed upon and given numerically not written standard of 95%.

21.We assumed that the Place of Performance for work on this contract will be the locations listed in Technical Exhibit (TE) A1 – Real/Non-Real Property and that the Fixed Equipment Asset File (RPAF) from the current contract, which lists the Government facilities requiring service, will remain applicable when conflict arises in new given documents or the standard of past performance of work within the contested facility.

22.Annex B Preface We assumed a material limit of liability of $1,000 per service order within Annex H and J. We assumed that any service order requiring parts and/or materials in excess of $1,000 will be outside the scope of this contract and will be negotiated as a Project Work Order (PWO) to be added as a modification to the contract. Removed as now referenced in item #7 of this section.

23.Annex B 3.1.1 We assumed given verbiage “material costs cannot be set or determined at the time of award” that materials for PMO are reimbursable as they occur.

24.Annex B 4.2 We assumed no work will exceed $150,000.00 unless authorized by the Prime and Government as defined as something other than a PWO.

25.Annex C 2.2.6 We assumed verbiage in email 04/08/2022 file “Annex C Updated para

2.2.6.pdf.”

26.We assumed that we are to continue services in accordance with the current scope (as of June 2021) for Barstow Daggett and Barstow Outreach Center in Barstow, CA. We note that these services were not described in the RFP provided to the City ofBarstow.

27.We did not base our proposal on TE H15 “List of High Occupancy and Critical Facilities” asit appears inconsistent with both Contractor’s current scope as well as the scope identified in provided Annexes and Technical Exhibits.

28.We assumed that the buildings listed in TE A6 Priority Buildings is the finalized list of critical buildings and is the correct list to use per email on 4/13/2022.

29.We assumed that if any SO/DMO will exceed labor and/or material limits of liability, as defined in this document, the City of Barstow, as prime contractor and approving authority, will issue a written request for IJO/PWO.

30.We assume our responsibility for maintaining As-Builts will be limited to the following:
“The Contractor assumes responsibility for maintaining As-Builts through which the Contractor expects DPW shall provide to the Contractor one (1) hard copy and an electronic copy after contract award by Prime. Utility repairs, component replacements, modifications, alterations, and additions to all systems and components shall be electronically redlined as well as on the hard copy maps upon completion of work. The Contractor shall redline annotate all components replaced during the period of the contract and annotate all items removed from service. The Contractor shall refer to the as-built drawings for each instance that work performed impacts existing real property. When discrepancies in drawings are found during work, the Contractor shall notify the Prime.”

31.We assumed contractual oversite and surveillance of HDSS will be conducted by the City of Barstow.

32.We assumed all assets and materials housed in the Logistics Warehouses at the time of contract initiation (current stores minus normal usage plus items ordered prior to contract turnover) will be turned over to HDSS for use in executing the contract.

33.We assumed that we are to adopt the DPW after hours “Garrison Department of Public Works Emergency and After Hours DMO SOP” based on email 04/14/2022 with the addition

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Packet Pg. 280 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 13 of any necessary City of Barstow personnel.

34.We assumed based on email 04/07/2022 that we are not to adopt MEDDAC Clarification Memos dated 23 May and 04 November 2019 as no work will be conducted for any MEDDAC facilities, roads, grounds, pest, etc. on contract with the exception of ICIDS.

35.We assumed we will retain the ability to draw specialty materials from the HAZMART warehouse at the same levels as on the current contract.

36.We assumed the definition of Government Furnished Property (GFP) to be all property owned or leased by the Government to include both Government-furnished property and Government purchased Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

37.We assumed all GFP is in adequate condition to perform the work called for by the applicable Annex or Tech Exhibit.

38.We assumed that HDSS will be operating a number of Government furnished computers for HDSS users needing access to Contractor and Army systems through the Fort Irwinnetwork.

39.We assumed that the Government will provide office accommodations at Fort Irwin for the Contractor’s Public Works Office and Logistics Warehouses. The facility will be provided on contract performance start date and during the contract period. We will use existing Government furnishings in the provided facilities.

40.We assumed the Government will continue to provide HDSS with all vehicles and equipment currently provided as GFP.

41.We assumed that all durable, non-small hand tools, currently held by HDSS will be turned over to the Contractor for use at contract initiation.

42.We assumed Contractor-maintained property listed on TE 6.4.7.48 dated July 30, 2019 and any new COCO equipment shall be maintained by us. We assume the right to reapproach the government if costs savings are possible adding an FTE versus using a Small Engine Vendor.

43.We assumed HDSS will be able to utilize the Government fuel site and fuel keys for all Government-furnished or Government-leased equipment at no cost to HDSS.

44.We assumed any costs associated with equipment that is leased, rented, or purchased by HDSS will be approved as reimbursable by the Prime in advance. HDSS will only lease, rent, or replace existing GFP if it is deemed cost effective and approved by thePrime.

45. We assumed replacement of Government equipment as outlined here:

If an item of Government property is determined by the Contractor to be beyond economical repair, the Contractor shall recommend to the Government COR TR and Prime City of Barstow in writing that such equipment be replaced. Substantiating data to support the recommended replacement shall be included. If the Government decides that such equipment should be replaced or repaired, and replacement or repair is authorized, the Contractor shall accomplish the work IAW the appropriate work level criteria. Disposal instructions will be provided by the Prime and COR TR and/or LRC. The Contractor shall provide justification documents with recommendations to purchase new and replacement equipment (Government property). The Contractor’s justification shall include the following information:
 The age (purchase date) and original cost of the equipment recommended for replacement.
 Maintenance Control Designator (MCD).

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Packet Pg. 281 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 14  The cost of repair parts (in some cases as provided by the MCD)  The replacement cost and availability.
 The rationale for replacement rather than repair.
 Whether or not the replacement equipment will fit into the available space, perform the required function, and operate on available installed utility services.

46.Annex H PRS Matrix Item 3: We assumed that because M&R and Storage of Portable gensets are not provided by HDSS, deployment could be affected by conditions outside the scope of Contractor control.

47.Annex H PRS Matrix Item 4: Our proposal does not include the standard that all HVAC systems shall be 100% operational throughout the year, as certain seasonal maintenance required by best commercial practices dictate this equipment be torn down, drained, and overhauled. As a result, this standard cannot be achieved. As per City/Army meeting 05/05/22 8:00am this has been edited to say seasonal.

48.Annex H 2.3.2-2.3.3 We assumed will be given training and/or POC for LonWorks network services and that the two-year experience requirement is waived until after certificates are obtained in the event current staffing with this experience changes during the life of the contract.

49.Annex H 2.5 We assumed based on email 04/08/2022 document “Annex H updated para.pdf” that gutters will be done as needed.

50.Annex H 2.7.1 We assumed that a four wheel drive and/or off road capable vehicle will be provided via GFP or reimbursed as COCO if required to access and maintain tortoisefencing.

As per City/Army meeting 05/05/22 8:00am Army was to review if this should remain in contract. Have had no response so we maintain this assumption as is and can readdress post award if need be.

51.Annex H 2.26.1 We assumed level of maintenance, repair, and service at the pool willremain the same as the current standard. As per City/Army meeting 05/05/22 8:00am waiting on meeting RE level of effort being performed by MWR currently at pool to determine level of effort and staffing requirements for Contractor. Have had no response so we maintain this assumption as is and can readdress post award if need be.

52.Annex K 4.2 We assumed addition of one FTE HVAC Mechanic I to accommodate new workload. Removed as this was in error as Army removed additional cooler visual inspection prior to submittal was not in financials as per City/Army meeting 05/05/22 8:00am

53.Annex K 4.2.1 We assumed due to equipment currently maintained on contract will be able to report on only items c “chiller supply and return water temperature” and j “condenser in and out water temperature.”

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Packet Pg. 282 Attachment: City of Barstow_Fort Irwin ISS price proposal_revision_05-10-2022-DPW_R5 - City (4755 : Inter-Governmental Support Agreement Fort Irwin ISS Price Proposal
High Desert Support Services, LLC | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 15 4.0 Pricing Breakdown
Please see attached Excel file for our pricing breakdown.

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SECTION C.11

PUBLICATIONS
Publications applicable to services to be performed under this contract are provided in this Section for convenience and may not be all inclusive. Publications have been segregated into two categories:

Mandatory and Advisory. Contractor is responsible to maintain knowledge and compliance with the latest mandatory Government publications. The web site to provide the latest information is the Consolidated Army Publications and Forms Index [DA PAM 25-30] located at:
http://www.apd.army.mil/pamdocs/PAM2530_Adv_Search.htm
Army engineering publications are also available at: http://armypubs.army.mil/eng/index.html a. The Contractor shall adhere to the requirements and performance standards listed in the mandatory regulations, publications, manuals, technical bulletins, pamphlets, circulars, permits, codes, directives, files, handbooks, guides, common tables of allowances including supplements, amendments, or revisions during the life of the contract.
b. A mandatory publication is a Government or third-party publication referenced in the Contract, or this section (C.11) that the Contractor is obliged to follow guidance/ procedure specified by the publication in performance to meet the desired or stated objective of that publication. (1) The Contractor shall follow the guidance/procedure in those publications identified as mandatory only to the extent specified in this contract or procedurally necessary for compliance to policy, regulation/law, and the adequacy of services performed. (2) Compliance with all applicable National Standards, specifications, and industry accepted practices are mandatory requirements for all work, tasks or standards associated with this contract.
(3) When specific parts of publications identified as mandatory are not referenced herein section C.11 or are necessary for compliance to policy, regulation/law, and the adequacy of services performed, the remainder of that publication may be considered advisory. (4) Contractor shall comply with the preventative maintenance requirements of the Operation & Maintenance Manuals associated with individual equipment. c. An advisory publication is a Government or third-party publication referenced in the Contract which the contractor may use for information and guidance, but is not binding for compliance. d. The Government will make available publications listed as mandatory at Contract Performance Start Date. Supplements, amendments, or revisions to mandatory publications may be issued during the term of the Contract, and shall be in full force and effective immediately upon receipt by the Contractor.

The Contractor shall post and update mandatory publications as change notices are provided by the Government.
e. Upon completion of this contract, the Contractor shall return to the Government all publications made available to the Contractor by the Government.

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C.11.1 Mandatory Publication -The following shall be referred to for compliance:

Incoming and Outgoing Mail
AR 25-51 Army Regulation, Official Mail and Distribution Management CFR Part 102-192 Mail Management
DA PAM 25-52 Department of the Army Pamphlet, Mail Facility Security and Handling
DoDI 4525.8-41 Department of Defense Instruction, Official Mail DoD Manual 4525.8-M Official Mail Manual
18 United States Code Regarding Suspicious Mail
39 United States Code Regarding Suspicious Mail
Personal Mail Services
AR 600-8-3 Unit Postal Operations
DoD 4525.6-M DoD Postal Manual
39 USC Postal Service

DIRECTORATE OF PUBLIC WORKS

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Army Regulations Description
AR 190-11 Physical Security of Arms, Ammunition and Explosives AR 190-13 Army Physical Security Program
AR 190-51 Security of Unclassified Army Property
AR 200-1 Environmental Protection and Enhancement
AR 215-2 Utilization of Real Property
AR 380-5 Department of the Army Information Security Program AR 420-1 Army Facilities Management
AR 710-2 Supply Policy Below the National Level
Technical and Field
Manuals
EM 385-1-1 Safety and Health Requirements Manual
FM 19-30Physical Security
TM 5-618 Paints and Protective Coatings
TM 5-620 Facilities Engineering Maintenance and Repair, of Architectural and Structural Elements of Buildings and Structures
TM 5-624 Maintenance and Repair of Surface Areas
TM 5-626 Unsurfaced Road Maintenance Management
TM 5-629 Weed Control and Plant Growth Regulation
TM 5-634 Solid Waste Management
TM 5-642 Operator and Maintenance, Small Heating Systems TM 5-650 Central Boiler Plants
TM 5-662 Swimming Pool Operations and Maintenance
TM 5-663 Child Development Center Play Area Inspection and Maintenance Program
TM 5-683 Facilities Engineering Electrical Interior Facilities TM 5-684 Facilities Engineering - Electrical Exterior Facilities TM 5-685 Operation, Maintenance and Repair and Repair of Auxiliary Generators
TM 5-803-5 Installation Design
TM 5-803-13 Landscape Design and Planting Criteria

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1 Contract No.

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Army Regulations Description
AR 190-11 Physical Security of Arms, Ammunition and Explosives AR 190-13 Army Physical Security Program
AR 190-51 Security of Unclassified Army Property
AR 200-1 Environmental Protection and Enhancement
AR 215-2 Utilization of Real Property
AR 380-5 Department of the Army Information Security Program AR 420-1 Army Facilities Management
AR 710-2 Supply Policy Below the National Level
Technical and Field
Manuals
EM 385-1-1 Safety and Health Requirements Manual
FM 19-30Physical Security
TM 5-618 Paints and Protective Coatings
TM 5-620 Facilities Engineering Maintenance and Repair, of Architectural and Structural Elements of Buildings and Structures
TM 5-624 Maintenance and Repair of Surface Areas
TM 5-626 Unsurfaced Road Maintenance Management
TM 5-629 Weed Control and Plant Growth Regulation
TM 5-634 Solid Waste Management
TM 5-642 Operator and Maintenance, Small Heating Systems TM 5-650 Central Boiler Plants
TM 5-662 Swimming Pool Operations and Maintenance
TM 5-663 Child Development Center Play Area Inspection and Maintenance Program
TM 5-683 Facilities Engineering Electrical Interior Facilities TM 5-684 Facilities Engineering - Electrical Exterior Facilities TM 5-685 Operation, Maintenance and Repair and Repair of Auxiliary Generators
TM 5-803-5 Installation Design
TM 5-803-13 Landscape Design and Planting Criteria

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TM 5-807-10 Signage
TM 5-811-3 Electrical Design: Lightning and Static Electricity Protection TM 5-811-6 Electric Power Plant Supply
TM 36-250 Preparation of Hazardous Material for Military Air Shipment Technical Bulletins and
Pamphlets Description
ASTM F2107-01 Standard Guide for Construction and Maintenance of Skinned Areas on Sports Fields
DA PAM 750-2 Soldiers' Guide for Field Maintenance Operations DA PAM 750-8 The Army Maintenance Management System (TAMMS) Users Manual
DoD 4165.63M DoD Housing Management
TB 43-0142 Safety Inspection and Testing of Lifting Devices (28 Feb 97) TB 43-0212 Purging, Cleaning, and Coating Interior Ferrous and Terne Sheet, Fuel Tanks
TB 420-20 Engineered Performance Standards for Real Property Maintenance: Activities: Pipe fitting, Plumbing, Handbook TB 420-21 Engineered Performance Standards for public Works Maintenance
TB MED 530 Occupational and Environmental Health Food Sanitation (Chapters 4, 5, and 6)
TB MED 575 Occupational and Environmental Health Swimming Pools and Bathing Facilities
TB MED 576 Occupational and Environmental Health Sanitary Control and Surveillance of Water Supplied Installations
Other References
Occupational and Environmental Health Sanitary Control and Surveillance of Water Supplied Installations
American Petroleum Institute
(API) publication
Recommended Practices (RP)
2015.

CTA 50-909, Field and
Garrison Furnishings and
Equipment
Occupational and Environmental Health Sanitary Control and Surveillance of Water Supplied Installations
Federal Natural Gas Pipeline
Safety Act of 1968 (49

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U.S.C. Sec. 1671 et seq.) and
the regulations contained in
Parts 190, 191, and 192 of
Title 49 of the Code of
Federal Regulations
Integrated Pest Management
Plan (IPMP) required by EPA
and implemented by DODI
4150.7 and DOD MOM #2,
and the DOD Final
Governing Standards
NTC and Fort Irwin
Hazardous Materials/Waste
Management Plan
National Fire Protection
Association (NFPA) Standard
No. 327
ICC
IDG – Fort Irwin
International Construction Code Books (Replacement for
Uniform Construction Code Books – UCC Codes)
Fort Irwin Installation Design Guide (Army Installation Design Standards) JTD The Joint Technical Document for the NTC and Fort Irwin Main Post Class III Sanitary Landfill (available from DPW
Environmental Division)
PWTB 420-47-03 Integrated Solid Waste Management
PWTB 420-47-05 Source Reduction Planning
PWTB 420-49-07 Solid Waste Options
PWTB 420-49-08 Decision-Maker’s Guide to Solid Waste Management, Volume II TB MED 576 Occupational and Environmental Health, Sanitary Control TM 38-410 Storage and Handling of Hazardous Material
UFC 3-320-07N
UFGS
United Facilities Criteria – Weight Handling Equipment
United Facilities Specifications Manual
(Unified Facilities Guide Specifications)

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DIRECTORATE OF EMERGENCY SERVICES
Fire Protection and
Emergency Services
AR 190-5
AR 190-45
AR 420-1 Law Enforcement Reporting
AR 525-13 Fire Protection
NFPA 70 Anti-Terrorism
NFPA 1221 National Fire Protection Association National Electric Code DoDI 6055.06 National Fire Protection Association Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems
DoDI 6055.06M DoD Fire and Emergency Services (F&ES) Program Emergency Dispatch
Center
DoD Fire & Emergency Services (F&ES) Certification Program Fire
AR 420-1
DoDI 6055.06 Army Facilities Management
NFPA 1221 DoD Fire and Emergency Services (F&ES) Program Police Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems
AR 190-5
AR-190-11 Motor Vehicle Traffic Supervision
AR 190-14 Physical Security of Arms, Ammunition, and Explosives Intrusion Detection
Systems and Fire
Alarm Systems
Carrying of Firearms and Use of Force for Law Enforcement and Security Duties AR 190-13 The Army Physical Security Program

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Mandatory Fort Irwin (Garrison) Policy Letters/Description Policy Letter 1 Pet Control
Policy Letter 3 Voluntary Separated Persons
Policy Letter 4 Key and Essential Personnel
Policy Letter 5 Authorized Residents
Policy Letter 6 Reserved Parking
Policy Letter 7 AAFES and DECA Authorized Patrons
Policy Letter 8 BAH for single Sergeants and below
Policy Letter 9 Personal Protective Equipment
Policy Letter 10 Child Supervision and Curfew
Policy Letter 11 Ft Irwin Environmental Policy
Policy Letter 12 Registered Sex Offenders
Mandatory NTC Regulations
NTC REG 190-1 Retention, Possession, Storage, and Use of Non-Government Owned Weapons and Ammunition
NTC REG 190-5 Military Police Motor Vehicle Traffic and Vehicle Registration Environmental Permitting Requirements (DPW Permits Available Electronically) CWIMB California Waste Integrated Management Board
LEA Local Enforcement Agency Permit
RWQCB Regional Water Quality Control Board Permit
Other Mandatory References
National/NTC and Federal Standards
CFR Code of Federal Regulations (CFR) 1910.179 - 1910.192 10 CFR 436 Federal Energy Management and Planning Programs 29 CFR Occupational Safety and Health, Department of Labor 36 CFR 800 National Historic Preservation Act40 CFR
40 CFR 61 Subpart M National Emission Standard for Asbestos

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40 CFR 260-265 Protection of Environment
40 CFR 302 Protection of Environment; Designation, Reportable Quantities, and Notification
40 CFR 763 Asbestos Hazard Emergency Response Act (AHERA) 41 CFR 101–25.112 Energy Conservation Policy
41 CFR 102-192 Mail Management
49 CFR Transportation
15 USC 2225 Fire prevention and control guidelines for places of public accommodation
15 USC 2227 Fire safety systems in federally assisted buildings 18 USC Crimes and Criminal Procedures (related to mail operations) 29 USC Chapter 15 Occupational Safety and Health Act of 1970 29 USC 794 Americans with Disabilities Act Guidelines (ADAAG) of 1990 and Uniform Federal Accessibility Standards (UFAS)
39 USC Postal Service
42 USC 4152 Standards for Design, Construction, and Alteration of Buildings; Administrator of General Services
42 USC 4321–4370 National Environmental Policy Act
42 USC 13101 Pollution Prevention: Findings and Policy
50 USC 797 Internal Security Act of 1950
ACP 121 Communications Instructions-General
ACP 121 US SUP-1 Communications Instructions-General (U) ACP 131 Communications Instructions-Operating Signals
ACP 134C Allied Communication Publication
ACSIM Furnishings Manual
ANSI American National Standards Institute (ANSI) and Manufacturer Instructions
CAA Clean Air Act and Amendments and 40 CDR, Part 82, Subpart F CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CWA Clean Water Act
EM 385-1-1 Safety and Health Requirements Manual
EPA Certification Requirements, Section 608 and 609 or the 1990 Executive Order Number 12088
Federal Communications Commission Regulation, Part 68

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Packet Pg. 293 Attachment: Current Base Ops Applicable Directives and Publications - PWS (4755 : Inter-Governmental Support Agreement (IGSA) - Services Attachment 1 Contract No.

W9124B-1 8-C-0004
144
FIFRA PL 92-516 Federal Insecticide, Fungicide, and Rodenticide Act Fort Irwin-Installation Solid Waste Management Plan
Fort Irwin Installation Landscaping Manual
HVAC American Society of Heating, Refrigerating and Air Conditioning Engineers Guides
NEIEP National Elevator Industry Education Program
NIST 135 National Institute of Standards and Technology Handbook 135 OSHA 2 CFR 1910.41 Occupational Safety and Health Standards PL 94–163 Energy Policy and Conservation Act
PL 93–291 The Archaeological and Historic Preservation Act of 1974 PL 93–498 Federal Fire Prevention and Control Act of 1974 PL 100–572 Lead Contamination Control Act
PL 101–549 The Clean Air Act Amendments of 1990, Title VI: Stratospheric Ozone and Global Climate Protection
PL 109–58 Energy Policy Act of 2005
RCRA Resource conservation and Recovery Act of 1976
SARA Section 211 Superfund Amendments and Reauthorization Act of 1986 SWANA Solid Waste Association of North America
UBC Uniform Building Code
UFC 3-260-05A Marking of Army Airfield Heliport Operational and Maintenance Facilities
UFC 3-535-01 Visual Air Navigation Facilities
California Laws/Regulations and Policies
Title 8 CCR California Code of Regulations (CCR), Articles 99 and 100, Cranes and Other Hoisting Equipment
Title 14 CCR CAL Recycle
Title 19 CCR Forestry and Fire Protection
Title 22 CCR State of California Administrative Code Title 22, Section 65547; Calif.

Code Title 17.7605; and TB Med 576, Appendix G on chlorine safety Title 23 CCR California EPA – State Water Resources
Title 27 CCR California Code of Regulations (CCR), Environmental Protection, Division D - Solid Waste
C.11.2 Advisory Publications:

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Packet Pg. 294 Attachment: Current Base Ops Applicable Directives and Publications - PWS (4755 : Inter-Governmental Support Agreement (IGSA) - Services Attachment 1 Contract No.

W9124B-1 8-C-0004
145
Advisory Army Regulations
AR 95-2 Airspace, Airfields/Heliports, Flight Activities, Air Traffic
AR 350-50 Combat Training Center Program (NTC)
AR 360-1 Army Public Affairs Program
AR 380-13 Acquisition and Storage of Information Concerning Nonaffiliated Persons and Organizations
AR 500-5 Army Mobilization
AR 700-47 Defense Standardization and Specifications Manual AR 740-3 Stock Readiness
Common Table of Allowances
CTA 50-909 Field and Garrison Furnishings and Equipment CTA 50-970 Expandable/Durable Items
DoD References
DoD 4160.21-M Defense Material Disposition Manual
DoD 4515.13-R Department of Defense Air Transportation Eligibility Federal Aviation Administration Publications (FAA PUBS) 7110.10 Flight Services
7110.65C FAA Handbook Air Traffic Control Handbook
7930.2 National Notice to Airmen (NOTAM) System
FAA Advisory Circular
70/7460-1
Other References
ASTM ES 24-93 American Society for Testing Materials ES 24-93 CPC California Penal Code (CPC)
CVC California Vehicle Code (CVC)
JTR Joint Travel Regulation
NFPA 30 Flammable and Combustible Liquids Code

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Packet Pg. 295 Attachment: Current Base Ops Applicable Directives and Publications - PWS (4755 : Inter-Governmental Support Agreement (IGSA) - Services 282154.v1 263727.1

INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) BETWEEN THE

UNITED STATES ARMY GARRISON, FORT IRWIN AND CITY

OF BARSTOW, CALIFORNIA

BASE OPERATIONS SUPPORT SERVICES
W4E6AA-IGSA-A60RG-2022-0002
This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and City of Barstow, California, (hereafter PUBLIC PARTNER is used for brevity throughout this agreement) is entered into pursuant to federal law codified at 1O USC 2679.

The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to Garrison Commander (hereafter GC) to execute agreements on behalf of the United States.

The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the PUBLIC PARTNER, the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.

RESPONSIBILITIES OF THE PARTIES:

The PUBLIC PARTNER shall perform the installation support services as stated in this IGSA. The term "installation support services" only includes services, supplies, resources and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services.

This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel.

The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees.

Under no circumstances, shall PUBLIC PARTNER employees or contractors be deemed federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to collective

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Packet Pg. 296 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA Manager.

SUMMARY OF SERVICES AND PRICE:

This will be a Firm Fixed Price and Cost Reimbursement Service which will be provided by the PUBLIC PARTNER. Services will include custodial, Unaccompanied Personnel Management Warehouse, Vertical, Horizontal Maintenance, Grounds Maintenance, Pest Management, Waste Water Services (Wash racks), Engineering Support, Heating and Cooling Services.

These services are identified in more detail in Enclosure 1, Scope of Work for Base Operations Support Services. The PUBLIC PARTNER will provide a monthly invoice and report to the Technical Representative, Garrison Resource Management Office (RMO) with appropriate invoicing detail documentation attached.

In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:

YEAR OF

OPERATION

IGSA ESTIMATE
BASE $21,495,304
OPTION 1 $21,475,571
OPTION 2 $21,801,705
OPTION 3 $21,764,898
OPTION 4 $22,096,809
OPTION 5 $22,434,413
OPTION 6 $22,794,472
OPTION 7 $23,164,449
OPTION 8 $23,544,634
OPTION 9 $23,933,688
$224,505,943
The United States has $21,495,304 available for obligation and payment under this Agreement, and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA Manager. The United States anticipates that it will receive additional funds incrementally to the full estimated cost of the services for each performance period. The PUBLIC PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount of funds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA Manager no less than 3 months before it shall exceed the amount of available funding.

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Upon receipt of such notification, the IGSA Manager shall notify the PUBLIC PARTNER that additional funds have been allotted to the contract and specify the amount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.

Both parties agree, subject to available funding on the part of the United States, to enter good faith negotiations for new Firm Fixed Price Service or negotiate adjustments to cost reimbursement in the event that PUBLIC PARTNER's subcontractor for this Agreement enters into a collective bargaining agreement related to the performance of this Agreement. In no instance, however, shall any increase from this reopener clause more than double the escalation rate in the above price schedule, and then only upon the PUBLIC PARTNER having demonstrated to the United States' satisfaction that the collective bargaining agreement negotiations were at arm's length.

TERM OF AGREEMENT:

The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA Manager, and renewable for successive one-year periods for 9 additional years. The United States shall only be obligated for only one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress.

The United States shall only be obligated for an additional year of performance upon receipt of such funds, and only upon written notice by the IGSA Manager of an intent to award the option for an additional year of performance. The IGSA Manager shall provide notice of the renewal of the IGSA at least 60 days prior to the expiration of then current performance period. The IGSA Manager may condition the renewal upon availability of funds, and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally terminated by the IGSA Manager without further liability to the United States.

GOVERNMENT WILL PROVIDE:

The government will provide an area that will fit the requirements written in the scope of work. The buildings are identified in Annex A and will be provided for use at Fort Irwin California. A walk through the buildings will be done prior to services being transitioned to City of Barstow. This service is currently housed within the buildings identified in the tech exhibit noted above. No cost to contractor for utilization of identified buildings to include utility use.

The attached two files DA Form 2062 (Encl 2) Hand Receipts and spreadsheets, identify in detail the materials and equipment that will be transferred to the contractor upon transition to IGSA with the City of Barstow.

A joint inventory will be completed before both agencies sign the DA Form 2062 and validate the spreadsheets as applicable.

Contractor shall be responsible to replace the materials identified on DA Form 2062 as needed and

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shall be reimbursed for such replacement.

The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property caused by its employees intentionally or through negligence. Should government-furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR. Governmentfurnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.

The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.

INSTALLATION SECURITY AND ACCESS REQUIREMENTS:

The following worksheet shall be completed by the proponent for the services, submitted to the Technical Representative (TR) for review and approval, and submitted to the IGSA-M. The installation G2 shall submit any additional installation security procedures and requirements to the IGSA-M, to include any limitations on access to the installation, specific gates to be used, licensing and inspection of vehicle requirements, etc.

The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.

The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services under this IGSA without the specific approval of the IGSA-TR.

The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.

All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name.

PAYMENT:

The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA Manager in advance or where the applicable Tax Exemption Certificate is provided by the IGSA Manager to the PUBLIC PARTNER. The Public Partner shall electronically submit invoices or payment requests to the Government's Technical Representative (TR) and the IGSA Manager. The IGSA Manager will not authorize payment unless all billed services have been satisfactorily completed, and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specified in this Agreement. Instructions for processing payments:

Receiving/Invoicing -The municipality will send the invoice to the IGSA Technical Representative (IGSA

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Packet Pg. 299 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
TR), as designated and prescribed in the IGSA.
a) Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b) A valid invoice must include:
- Service Provider's name and address;
- Invoice date and number;
- The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued;
-Description, quantity, unit of measure, unit price and extended price of the items delivered; - Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable);
- Name, title, and phone number of person to notify in event of defective invoice; - Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are assigned by Defense Logistics Agency) - Terms of any discount for prompt payment offered (if applicable); - Name and address of official to whom payment is to be sent; - Any discount rates (if applicable). - Payment method instructions. f) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 58 3903) and Office of Management and Budget (0MB) prompt payment regulations at 4 CFR part 1315.

Please ensure that the below established information is identified on all invoices.

CAGE CODE:

UEI:

CITY POC INFORMATION:
g) The United States shall be responsible for a Late Payment Fee to PUBLIC PARTNER pursuant to the Prompt Payment Act (31 U.S.C 58 3903) and Office of Management and Budget (0MB) prompt payment regulations at 4 CFR part 1315.
h) The United States shall pay any late payment fee that PUBLIC PARTNER owes to contractor or subcontractor performing installation services under this Agreement within 30 days of PUBLIC PARTNER submitting written notice to the United States.

OPEN COMMUNICATIONS AND QUALITY CONTROL:

The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the transition of responsibilities for performance of the services by the PUBLIC PARTNER.

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Packet Pg. 300 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
INSPECTION OF SERVICES: The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The installation shall appoint TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identity of the TR and their alternate, of any changes. If services are performed outside the installation, the TR shall be granted access to areas where services are performed.

The TR shall have the right to inspect and test all services; inspections and tests to be conducted in a manner that will not unduly delay the performance of work.

If the TR determines that services do not conform to the requirements in Agreement, the TR can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the TR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re-performance, the TR can reduce the billed price to reflect the reduced value of the services to be performed. The TR may alternately, in his sole discretion, waive price reductions or re-performance of services. Such waivers shall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA Manager.

If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER's performance, the PUBLIC PARTNER shall promptly notify the TR.

In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and can’t not be corrected to the satisfaction of the TR, the Agreements Officer may terminate the IGSA immediately. Such termination shall not become effective without prior notice and consultation with the PUBLIC PARTNER POC identified in this agreement.

TERMINATION: The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon 180 days written notice to the POCs designated in this Agreement.

The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the IGSA Manager of the termination, the PUBLIC PARTNER shall immediately stop all work.

The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice and associated reasonable termination costs. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been

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avoided.

SUSPENSION OF AGREEMENT:

The United States reserves the right to suspend performance of the agreement or access to the installation in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the United States. The PUBLIC PARTNER will be entitled to an extension of time to for completion of the Services and shall be extended based upon the impact of the delay or suspension and shall receive an equitable compensation adjustment. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

APPLICABLE LAW:

The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.

CLAIMS AND DISPUTES:

The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The TR shall represent the Government in such meetings.

If the parties are unable to resolve an issue, the TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA Manager for a final decision. The written submission must specify the nature and basis for the relief requested and include all data that supports the claim, and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA Manager shall issue a final decision within 90 days of receipt of each claim.

Appeals authority: If the PUBLIC PARTNER is dissatisfied with the IGSA Manager's decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA Manager.

The parties agree to the above procedures in lieu of litigation in any forum.

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Packet Pg. 302 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA:

The POCs for issues pertaining to this IGSA are as follows:

For the United States:

IGSA Technical Representative (TR)
Robert Fortune (760) 380-3512
[email protected]
IGSA Technical Representative (TR)
Miguel Guerrero
(760) 380-1868
[email protected]
IGSA Technical Representative (TR)
Benjamin Guthrie
(760) 380-7605
[email protected]
IGSA Technical Representative (TR)
Derrick Pace
(760) 380-3742
[email protected]
IGSA Manager (IGSA-M)
Steven Ryan (760) 380-6872
[email protected]
IGSA Financial Representative (RMO)
Raquel Cisneros (760) 380-2600
[email protected]
For the PUBLIC PARTNER:

Technical Representatives Chris Heldreth
(760) 255-5161
[email protected]

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Packet Pg. 303 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
Kody Tompkins
(760 255-5175
[email protected]
Financial Representative Marc Puckett
(760) 255-5117
[email protected]
IGSA Manager Willie Hopkins, Jr.
(760) 255-5101
[email protected]
Unless otherwise specified, all notices under this Agreement shall be provided to the POCs specified above.

The POCs and a management official at least one level above the POCs as well as the IGSA Manager shall meet annually to discuss the IGSA, and consider any amendments to the Agreement.

Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA Manager in order to be effective.

DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION:

The PUBLIC PARTNER shall conduct a visit of the installation with the Technical Representative and IGSA Manager prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident avoidance plan and plan to protect Government property on the installation. The PUBLIC PARTNER shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the PUBLIC PARTNER does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The CR shall provide written notice of the Government's intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.

CONTINUITY OF SERVICES:

The PUBLIC PARTNER recognizes that the services under this Agreement are vital to the United States and must be continued without interruption and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the PUBLIC PARTNER agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.

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Packet Pg. 304 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
HOLD HARMLESS:

Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result to the extent of the PUBLIC PARTNERS negligence, willful acts or misconduct of the activities of the PUBLIC PARTNER or its employees and subcontractors in performance of this Agreement.

INSURANCE: The Public Partner shall provide the Government copies of their subcontractors’ insurance policies (required under their contract with the city), such policies either naming the U.S.

Army Garrison Fort Irwin as the named insured or as a blanket additional insured by clause or endorsement. These copies shall be provided to the Government within 30 days after the effective date of the IGSA. The insurance policies will have an aggregate commercial general liability minimum of at least $2million, with a minimum of $1 million of coverage for each occurrence. It shall also contain a minimum of $1 million of auto liability insurance and a minimum of $1 million of workers’ compensation/employer’s liability insurance.

WAGES AND LABOR LAW PROVISIONS:

These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER, and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act.

The PUBLIC PARTNER shall comply with all applicable federal state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the TR and the IGSA Manager. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.

NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT:

This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The PUBLIC PARTNER shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.

TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA Manager.

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Packet Pg. 305 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 263727.1 282154.v1
ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the Agreements Officer.

Enclosures:

Encl 1 Scope of Work and Technical Exhibits for all Base Operations Support Services Encl 2 Form 2062 Hand Receipts and Equipment List for Government Furnished Property Encl 3 AT/OPSEC/IA Coversheet
Signatures and dates of signatures of the parties:

FOR THE CITY OF BARSTOW, CALIFORNIA FOR THE GARRISON:
___________________________ _______________________________ DR. PAUL A. COURTNEY JASON A. CLARKE

MAYOR COL, SF
Commanding
___________________________ _______________________________

DATE DATE
ATTEST:
___________________________

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11.d
Packet Pg. 307 Attachment: Base Support Services IGSA Final (4755 : Inter-Governmental Support Agreement (IGSA) - Services Contract) Installation Support Services Agreement
(City of Barstow / HDSS)

282164.v5

INSTALLATION SUPPORT SERVICES AGREEMENT FOR FORT IRWIN AND

NATIONAL TRAINING CENTER, CALIFORNIA
(City of Barstow / HDSS)
1 IDENTIFICATION
This INSTALLATION SUPPORT SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Barstow, a California municipal corporation (“City”), and High Desert Support Services, LLC, a Louisiana limited liability corporation (“Consultant”) (collectively, “parties”).
2 RECITALS

2.1 City has entered into an Intergovernmental Support Agreement with the United States Army for Fort Irwin and the National Training Center under federal law codified at 10 USC § 2679. As part of the services the City has agreed to provide the United States Army under the Intergovernmental Support Agreement, City determined that it requires installation support services from a consultant at Fort Irwin and the National Training Center.

2.2 Consultant represents that it is fully qualified to perform such installation support services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3 DEFINITIONS “Scope of Services” means such installation support services as are set forth in Consultant’s Preference Work Statement and Technical Exhibits Scope of Work to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s Cost estimate and assumption document proposal to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means June 1, 2022.

3.4 “Termination Date” means July 31, 2032, unless this Agreement is terminated earlier under its terms.

3.5 “City Agreement Administrator” means the Barstow City Manager or delegee.

3.6 “Consultant Project Administrator” means Contracts Manager or delegee.

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Packet Pg. 308 Attachment: Installation Service Agreement with HDSS City Template (Final Clean 051222)(282164.5) (4755 : Inter-Governmental Support Installation Support Services Agreement
(City of Barstow / HDSS)

282164.v5
4 TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless terminated earlier in accordance with Section 18 (“Termination”) below. The City shall have the authority to extend the term of this Agreement for nine one-year increments with 60 days written notice to the Consultant.

Additional extensions of this Agreement must be made in writing by mutual agreement of the parties.
5 CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services, including, but not limited to the following situation: if the scope of services in the Intergovernmental Services Agreement entered into by the City for installation support services with Fort Irwin and the National Training Center changes. Consultants shall not have the right to object to any reasonable changes in the scope of services. In such a case, the changes shall be incorporated by written amendment to this Agreement, with a corresponding increase or decrease in compensation to be determined via good faith negotiations. Otherwise, any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement for the initial one-year term and each of the nine additional possible one-year terms, if renewed as applicable, exceed the sums listed below in the following table, unless specifically approved in advance and in writing by City.

YEAR OF

OPERATION

IGSA ESTIMATE
BASE $20,869,227.31
OPTION 1 $20,850,069.63
OPTION 2 $21,166,704.37
OPTION 3 $21,130,969.70
OPTION 4 $21,453,213.37
OPTION 5 $21,780,984.08
OPTION 6 $22,130,556.24
OPTION 7 $22,489,757.03
OPTION 8 $22,858,868.40
OPTION 9 $23,236,590.67
$ $217,966,940.80

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Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.

5.3 Consultant shall perform all work in accordance with industry standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall submit all invoices and complete all work in the manner prescribed by the IGSA agreement entered into between the City and Fort Irwin/National Training Center/United States.

5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

5.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity if such work would require Consultant to abstain from a decision under this Agreement pursuant to Government Code section 1090 or any other conflict of interest statute unless the City has not consented in writing to Consultant’s performance of such work.

5.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contracts Manager or delegee shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without the consent of both parties and through an amendment to this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator.

Consultant shall be liable and accountable for any and all payments, compensation, and federal

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and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants. The City shall provide any Tax Exemption Certificate(s) to the Consultant.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.

5.11 The Parties agree to meet and confer monthly regarding Contractor’s performance under this Agreement.

5.12 Government Property and Equipment Handling: The United States will provide an area that will fit the requirements written in the scope of work in the installation support services agreement between the City and the United States for use at Fort Irwin, California and the National Training Center. Consultants agrees to perform services using such facilities, under the terms and conditions set by the United States and City. Consultant and City, in conjunction with the United States, will complete a joint inventory and all applicable Army requirements before the City and Consultant accept control of any United States owned property and equipment.

Consultant shall replace or repair any destroyed or damaged equipment or property caused by its employees intentionally or through negligence. Should government furnished equipment require repairs or become inoperable, Consultant shall notify City, who in turn shall notify the United States, or notify the United States directly. Government furnished property shall not be removed from the installation or used to perform other than services specified in the agreement between the City and the United States unless specifically approved in writing by the United States and City. Consultant will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
6 COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. All invoices submitted to the City by Consultant must match the requirements in the Intergovernmental Support Agreement entered by the City with the United States Army. Each invoice shall identify the IGSA number, project line item number if applicable, and if appliable the order number if issued, name, title, and phone number of person to notify in event of defective invoice, Commercial and Government Entity (CAGE) Code, maximum amount payable above, the services rendered during the billing period,

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Packet Pg. 311 Attachment: Installation Service Agreement with HDSS City Template (Final Clean 051222)(282164.5) (4755 : Inter-Governmental Support Installation Support Services Agreement
(City of Barstow / HDSS)

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the amount due for the invoice, and the total amount previously invoiced. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law.

6.3 City shall compensate Consultant within 30 days after receiving an invoice from the Consultant for services performed pursuant to this Agreement as specified in Section 6.2 and payment from the United States as part of its Intergovernmental Support Agreement with the United States Army for Fort Irwin and the National Training Center.

6.4 City shall not be responsible for paying Consultant until 30 days after it has received payment from the United States, however partial payments may be made where the City has received partial payments from the United States, even if Consultant has submitted a valid monthly invoice and 30 days have passed. The City shall not be responsible for any late penalty fees if the United States fails to pay the City on time under the terms of the IGSA.

6.5 If the City does not receive payment from the United States as part of its Intergovernmental Support Agreement with the United States Army for Fort Irwin and the National Training Center and the City receives a Late Payment Penalty from the United States, then City agrees to remit a proportional share of the Late Payment Penalty actually received by City from the United States to Contractor.

6.6 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant, however the Consultant shall be paid for any undisputed amounts. Any claims for unpaid amounts owed shall be governed by applicable California law, including the Government Claims Act, Government Code section 810, et seq.
7 OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. 8 RELATIONSHIP OF PARTIES

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Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9 CONSULTANT WARRANTIES, REPRESENTATIONS AND COVENANTS

9.1 Professional Standards Warranties: HDSS warrants, represents, and covenants that:
(1) HDSS has the capability, experience, and means required to perform the Services; (2) such Services will be performed using personnel, equipment, and material qualified and/or suitable therefor; and (3) within the limits prescribed by THE CITY, HDSS will perform the Services in a diligent and workmanlike manner consistent with (i) accepted professional practices and standards for nationally recognized firms engaged in similar work, as in effect at the time the Services are performed, and (ii) THE CITY's reasonable rules, standards and specifications as communicated to HDSS prior to beginning the Services under the Order.

9.2 Other HDSS Warranties: HDSS warrants, represents, and covenants that: (1) HDSS will perform the Services in compliance with (i) applicable federal, state, and local laws, regulations, and ordinances as in effect and construed at the time the Services are performed and (ii) THE CITY's reasonable rules as communicated prior to beginning Services under each Order issued pursuant to this Agreement; (2) HDSS shall utilize the licensed or permitted treatment, storage, or disposal facility or facilities designated THE CITY; (3) with respect to any contracts, purchase orders or related third party service agreements relating to the off-site transportation, storage, treatment or disposal of waste materials, HDSS shall, for the protection of THE CITY, demand from all vendors and contractors from which HDSS procures machinery, equipment, materials or services guarantees reasonably acceptable to THE CITY which shall be made available to THE CITY to the full extent of the terms thereof; provided, however, that HDSS's liability with respect to same shall be limited to procuring guarantees (but only to the extent available) from such vendors and contractors and rendering reasonable assistance to THE CITY for the purpose of enforcing the same; (4) HDSS shall use its best efforts to avoid infringements; and (5) HDSS shall maintain confidentiality, as set forth in this Agreement.

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9.3 Remedies: If THE CITY alleges that HDSS has breached a warranty set forth in this Section, then THE CITY shall promptly notify HDSS in writing and, before taking any further action against HDSS as allowed by this Agreement, shall afford HDSS the opportunity, at HDSS's cost, to either re-perform any defective Service according to the original scope of work therefor (as modified up to the time of breach), or to commence and diligently pursue the cure of such breach.

9.4 HDSS's Duties: HDSS shall use its best efforts to timely provide Services for emergency response based on its judgment of the nature and extent of each emergency and its capability to respond to that emergency.

9.5 HDSS is not the owner, operator, manager, or person in charge of all or any portion of a site, or arranged for the treatment, transportation, or disposal of, or owned or possessed, or chose the treatment, storage, or disposal site for, any material, with respect to which Services are provided. All determinations on the treatment, transportation, storage and disposal of waste, including the signing of all manifest shall be the responsibility of the FT Irwin Commander or his designated representative, not HDSS and not the City.
10 AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
11 INDEMNIFICATION/HOLD HARMLESS

11.1 The parties agree that City, its officers, agents, employees, and volunteers, and the United States, and its officers, agents, employees, and volunteers, should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to Consultant’s performance under this Agreement, except to the extent of the City’s negligence and/or fault. Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City and the United States with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

11.2 To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns, together with the United States, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns, (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,

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Packet Pg. 314 Attachment: Installation Service Agreement with HDSS City Template (Final Clean 051222)(282164.5) (4755 : Inter-Governmental Support Installation Support Services Agreement
(City of Barstow / HDSS)