1 INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) BETWEEN THE
UNITED STATES ARMY GARRISON, FORT IRWIN AND CITY
OF BARSTOW, CALIFORNIA
SOLID WASTE SERVICES
W4E6AA-IGSA-A60RG-2023-0004
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 solid waste services as stated in this IGSA. The term "installation solid waste 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.
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 2 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 Service which will be provided by the PUBLIC PARTNER. Services will include refuse pick-up, sorting, recycling, landfill management and ground water testing related to landfill.
These services are identified in more detail in Enclosure 1, Scope of Work for Solid Waste 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
BASE $ 7,760,326.99
OPTION YEAR 1 $ 7,845,949.12
OPTION YEAR 2 $ 8,219,215.64
OPTION YEAR 3 $ 8,487,579.30
OPTION YEAR 4 $ 8,812,532.83
OPTION YEAR 5 $ 9,121,862.26
OPTION YEAR 6 $ 9,474,885.72
OPTION YEAR 7 $ 9,956,488.20
OPTION YEAR 8 $ 10,223,235.03
OPTION YEAR 9 $ 10,602,362.57
Total $ 90,504,437.65
The United States has $7,760,326.99 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.
3 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 ___________ 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.
4 Contractor shall be responsible to replace the materials identified on DA Form 2062 as needed and 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 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 TR), as designated and prescribed in the IGSA.
5 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. 6 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 avoided.
7 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. 8 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)
Elisa C. Sanchez
(760) 380-5290
[email protected]
IGSA Technical Representative (TR)
Christopher A. Woodruff
(760) 380-4987
[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]
Kody Tompkins
(760 255-5175
[email protected]
9 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.
HOLD HARMLESS:
Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the 10 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.
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 11 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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