HomeMy WebLinkAboutCity Council Item No. 13CITY OF
LADE LSII`IORT
-' DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 9, 2009
SUBJECT: DRAFT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
AGRICULTURE FOREST SERVICE TO BASE THE HAWAII MARS AIR
TANKER ON LAKE ELSINORE DURING THE FIRE SEASON
Background
Staff has been working with the United States Department of Agriculture Forest Service
to draft an agreement that would allow the Hawaii Mars tanker plane owned by Coulson
Air Tankers to be based on Lake Elsinore during the fire season this year. The U.S.
Forest Service has an agreement with Coulson Air Tankers to use their services and the
Hawaii Mars aircraft to fight fires in Southern California. The U.S Forest Service is
proposing the term of the agreement would remain in effect until December 15, 2009.
Discussion
The Hawaii Mars aircraft is proposed to be moored in the lake area adjacent to the City
owned campground at the northwest end of the lake. A staging area for a support
helicopter, equipment, supplies and vehicles would be located on the adjacent beach.
Two paved pads would be temporarily installed: one for the landing and take -off of the
helicopter and the other for placement of equipment and supplies.
Lake Elsinore is a resource that can be used to fight fires as demonstrated by the
successful operation of the Hawaii Mars on the lake in October of 2007 to help fight the
fires in San Diego County. Lake Elsinore is one of only a very few water bodies in
Southern California that can accommodate this type of fire fighting aircraft. Locating the
air tanker on the lake and having it ready to go during the fire season could be
beneficial to the City and adjacent areas in case there is a major fire.
CC June 9, 2009 Item No. 13
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Hawaii Mars Air Tanker
June 9, 2009
Page 2
Fiscal Impact
There is no anticipated negative fiscal impact to the City. The cost of locating the air
tanker on Lake Elsinore would be paid for through the contract with the U.S. Forest
Service. The U.S. Forest Service would pay the City for each landing and each scoop
of water that is made by the Hawaii Mars aircraft. The U.S. Forest Service would also
pay for associated law enforcement services. Any improvements to the staging area
would be the responsibility of the U.S. Forest Service.
Recommendation
Approve the agreement in substantially the form attached and authorize the City
Manager to finalize and execute the agreement with the U.S. Department of Agriculture
Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during
the fire season.
Prepared and
Approved by: Robert A. Brady
City Manager 4
Attachment: Draft agreement
CC June 9, 2009 Item No. 13
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UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
R5 Fire and Aviation Management
3237 Peacekeeper Way
McClellan, CA 95818
BLANKET PURCHASE AGREEMENT
LANDING FEES FOR EMERGENCY INCIDENT USE
VENDOR: City of Lake Elsinore Fjffecive Date:
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
PHONE:
DUNS NUMBER:
CCR Registration
SCOPE OF AGREEMENT The USDA Forest Serft' rres to obtain from the City of Lake
Elsinore, an agreement to opera the wataYs of La�C auctpermission to use the
City s shoreline in accordance wit terms an condifxius set , Oath here. This agreement is for
use of a portion of the waters of Lake more for off, landing'and mooring for the Hawaii
Mars aircraft, and use of a secure opF' s area on e Lake shoreline for associated heavy
equipment that ,pp is the I dw, .1 &at whi W under contract to the US Forest
Service fore
MEN
IS us; AQ>EME IS FOR EMERGENCY INCIDENT
�* n, l a Gn
USE O � This agreement L7ecorn¢CSffective upj x ignature of a warranted Procurement
OfficialI remain in effec s hrough December 15, 2009, or 15 days after a written request
from either va "to cancel.
1. DEFINITIONS
1.01 The folio germs shIJ s have the meanings set forth below.
i) "Agreement" or "Operating Agreement" or "License" means this
Agreement by and be ` en: the City and Forest Service.
ii) "Operation" or "Operations" means the operations associated with mooring taxing,
flying and all maintenance activities of the aircraft upon the waters of Lake Elsinore or
shoreline in accordance with the terms and conditions herein.
iii) "City" means the City of Lake Elsinore, a municipal corporation.
CC June 9, 2009 Item No. 13
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iv) "City Manager" means the City Manager of the City of Lake Elsinore or his/her
designee.
v) "Forest Service" Means USDA Forest Service, Pacific Southwest Region.
vi) "Landing" means any time the plane makes contact with the lake after take -off which
includes the scooping of water.
vi) "Premises" is defined inSection3.01 of this Agreement.
2. USE OF PREMISES
2.01 Provided that all of the terms and conditions
Fully satisfied, the City hereby grants to the Fo
agreement to conduct the Operations upon
the aircraft in accordance with all app
rules governing the use of Lake Elsinore, it
Municipal Code (LEMC), applicable State o a
exception of the expressed waivers by the City o'
contained herein. The Premises shalkhe used b y t
as :
�ym�
Programs, and such other purposes � nsiste
for no other purposes whatsoever:
2.02 It is expre
grantor convey
Forest Service.
that
3. PREMISES
3.O lie premise
3.02
Surrounding areas and
There of will afFe an
Programs. Forest
and agrees to make n
Wises. The Fox,
ordinances, res€
but not limited
are
>ignable operating
Service shall operate
ons, policies and
>17e Lake Elsinore
laws; with the
ac e Elsinore Mumeipal Codes
Service only for Authorized
to Authorized Programs, but
,,d s „pot rn%`y way what so ever
or otbe crest in the Premises to the
ate' /n�k ake Elsinore and the shoreline of the
32040 Riverside Drive.
nd* j 6dges pff final inspection of the Premises and
W n of the extent to which the physical condition
be a opriate for Forest Service operation of the Authorized
e auCepts the Premises in their present physical condition "as is "
expands upon City for any improvements thereof.
3.03 Forest Service acknowledges that there are hidden, hazards that there are
submerged, in Lake Elsinore that may damage the aircraft. Forest Service accepts this
CC June 9, 2009 Item No. 13
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operating risk and agrees to hold the City harmless from damages incurred by operating
the aircraft upon the waters of Lake Elsinore.
3.04 Forest Service hereby acknowledges the title of City and any other public
Agencies having jurisdiction there over, in and to the Premises and the
Permanent improvements located thereon, and covenants and agrees never to assail.
Contest or resist said title.
4. OPERATION(S)
4.01 Forest Service operations at the City Campground
conditions.
i) Storage of hazardous substances and mate
contained and secured at all times. Disposal
materials shall follow Federal & State regal;
hazardous substances in volumes greater tfia
appropriate signal wording to put the genera
ii) Fueling operations are subj
Fire Prevention Office. Forest
fees within 3 days of starting I
Davidson, Fire Safety S ecia
remove trash, debris j�,
WV N
iii) The Forest Service is resp(
& Restoration of Preinis� Tl
conditrongy tlun 72 houa�
traslt 21gbrs, equ anent ari
4.02 �he,Forest Servi to era
fo tions: �
`. . i) Forest Se operations sk
the general pub gating on, -]
ii) During non -em
four (24) hours in
secure the Lake.
to the following
labeled, handled,
such hazardous
In addition, storage areas containing
Ions shall be pro ftposted with the
c on notice of the potential hazard.
and penmtiO'roval by the Rivers"de County
apply for such a permit and pay appropriate
M o,
ake Elsmore,,lY contacting Norman
4 3 i}ext 302. olicing daily basis to
for tIMM eline stagift area and for the Clean-up
ises har cleaned -up and restored to previous
rmnatiot� operations. This includes removal of
iWQM :ttal fr s related to the operations.
the waters of Lake Elsinore are subject to the
not at anytime pose a safety hazard for
e Elsinore.
Forest Service shall notify the City at operations, least twenty
of operating the aircraft on Lake Elsinore to allow the City to
iii) During emergency operations, Forest Service shall notify the City immediately upon
receiving a request from authorized Federal or State fire fighting agencies. The City shall
work with the Riverside County Sheriffs Lake Patrol to secure the Lake for exclusive use
by the aircraft. Forest Service is prohibited from taxing upon or flying over the waters of
Lake Elsinore until Forest Service has received verbal authorization from the Sheriffs
Lake Patrol or Director of the Lake Department.
CC June 9, 2009 Item No. 13
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iv) Mooring of the Hawaii Mars aircraft shall be permitted in an area designated by the
City off the shoreline of the City Campground located at 32040 Riverside Drive.
v) Anchoring: The aircraft shall be securely and safely anchored/moored at all times,
when not in use. The anchoring system shall be sufficient to secure the vessel in the
highest winds that can reasonably be expected.
vi) All maintenance, fueling and loading of hazardous materials to the aircraft shall be
performed in a manner that prevents the discharge of material(s) into the waters of Lake
Elsinore; which includes material from sanding, stnppmg;= s;3ivYng, painting, solvents,
welding, petroleum and fire retardant. The applicant shall ufilize best management
practices at all times to control the discharge of urgi into Lake
Elsinore.
_
vii) Forest Service is permitted by the Crtyxtoel the aircraft and pr form maintenance
contained herein on the f t
aircraft upon the waters oft Elsinore subject ffeguards
S m
viii Bilge Water Pumping: Disch`ar e gf oil wast �� �" mo bil e water um m shall
g g Y �� g p ping
comply with all Federal and State lat regulation no such event shall the
discharge of oily bilge water create dVisible iurface sheenoz accumulate a sludge build-
up on the bottom sediments
\ ,
ix) Liquid onse: Forest Service
shall use best mana ement practice at all t�� °o prevent the discharge of liquid
hazardous materials entering Lake Elsinfi ,including petroleum. This includes the
�
use of Abpr� pads ° otihhe floor.. engi ompartment(s), as well
y
iiKhailg and proper dtspo i ese�bsorbent pads to prevent the
as
1W
ac�� ulation of hqutihazard�Us�(oil, and dxsl}arge fuel, lubricates, solvents... etc.) into
the E through mate als bilge er pumping or partial sinking of the vessel.
x) Forest Service is requird store onboard the aircraft or within the on shore staging
area the emer': cy spill resse items listed below and to use these items to
immediately any sgrdl?
(a) 200 oil absorberiNg d ach with the minimum dimensions of
16 "x20 ".
(b) 20 oil absorbent floating pillows, each with the minimum Dimensions of 17" x 16 ".
(c) 8 oil absorbent floating booms, each with the minimum dimension of S" diameter
length. x 10 -foot
xi) Forest Service shall immediately notify the City's Director of Lake and
Aquatic Resources Department (Cell Ph# (951)830 -0407) of any spill of hazardous
materials in an amount in excess of a quart or which causes a surface sheen on the waters
of Lake Elsinore.
CC June 9, 2009 Item No. 13
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xii) Inspection: City Staff, Riverside County Sheriffs Lake Patrol or authorized agents of
the City shall be permitted to board and inspect the aircraft at reasonable times to ensure
compliance.
4.03 CONDITION REPORTS: A joint pre and post -use physical inspection report of the
land/facilities shall be made and signed by the parties; the purpose of the inspections shall
be to reflect the existing site condition. Refer to attached pre- use /post use inspection
sheet.
5. LAW ENFORCEMENT SERVICES:
5.01 Forest Service agrees to reimburse the Riverside'COWSheriffs Department and/or
City of Lake Elsinore for any and all costs for ley Enforcemdnt Services incurred to
ensure public safety, health &welfare and res rinse to emergencr! �s that are directly
�%$
related to Forest Service Operations at a r8t175 per hour oer' y when mutuahu
i� IN
a local citizen's volunteer boat
assist with closing Lake Elsmc
Sheriffs Deputies req
shall reimburse the��f y 0 V
support Forest Sery ce operathI(
6. TERM of
y agreed upon and as ordered by the Forest
snore M each and Rescue (LEMSAR),
be acts %�at the Sheriffs discretion to
i ALEMSAR ffiay reduce the number of
ON
of an I`�t'` e and reoipts, Forest Service
fuehprovr�ecto,.LEMSAR by the City to
Term of'thisq�, it shall cornrff rice upon the signature of both parties and
�matically ternte andire on December 15, 2009.
6.02 Opera of the Autho'= �e Prograihs may require certain amendments to the City
Mumcipal ' \ and modifl 'ton to the regulations affecting the Premises. In executing
this Agreemen , `e City in ' no warranty or representation that the City will make
such amendments: or -mo ' ' ion. Accordingly, failure of the City to take action to make
such amendments an xxfa - cations shall not constitute a breach of this
Agreement but are rather a condition precedent. Accordingly such failure shall render this
Agreement null and void. WAIVEROF LAKE ELSINORE MUNICIPAL CODE(S)
7.01 In light of the emergency public services to be provided by Forest Service the City shall
fore bear from enforcing LEMC Sections 9.48.010 AIRCRAFT PROHIBITEDACTS and
9.96.210 AIRCRAFT under the terms of this agreement.
CC June 9, 2009 Item No. 13
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8. CONSIDERATION
PRICING: The following rate structure shall be charged:
$200.00 for each landing of the Hawaii Mars aircraft on Lake Elsinore
9.0 OPERATING RESPONSIBILITIES
9.01 Forest Service shall conform to and abide by all City pid and all
State and Federal laws and regulations, insofar as the same or any of them are applicable,
and where permits and/or licenses are required for the use and/or any construction
authorized herein, the same must be first obtam d, from the ° "re` & atory agency having
jurisdiction there over.
9.02 Forest Service shall immediately correct any unsafe condition on the
Premises caused by Forest Service, as well as ar �unsafq,,pk, es of Fo _Service
occurring there on. Forest Service shall contact a e M y"I care forla�y member
of the public who is in need thereoT, because of ill occurring on! he
Premises or aircraft. Forest Service ahallTc crate fix1L� with City in the investigation of
any accidental injury or death occurr o�emises, afieluding a prompt report
3 .
thereof to the City Manager.
9.03 Forest Service shall mafiA# an ad egC an d proper staff that shall be
Responsible to mamtaen the guiSlmes and pphcy set out by Forest Service and City.
The Cit
y�Ylanager may of �'��orest Service written notice to the effect that the
���� �i ,� ��,
conc�x action , desf
r g�ed emp oe of theorest Service is, in the reasonable
beb the City Mama e, mental to the interest of the public.
�� ao%
Forest shall ith ili� zty Manager to consider the appropriate course of
VV0=
action �i <, respect to su atter, and�Forest Service shall take reasonable measures
under the stances to assure the Manager that the conduct and activities of
Forest Servi a ;off will not b'de t 'mental to the interest of the public.
10. INDEMNIFICA
The US Forest Service acknowledges and represents that it has inspected the premises,
knows the condition thereof, and, to the extent permitted by the Federal Tort Claims Act,
assumes full responsibility for any injury to persons, and damage or destruction of
property, by reason of the use of said premises under this order. The Government
undertakes and agrees to release and hold harmless and indemnify, to the extent permitted
by the Federal Tort Claims Act, the City of Lake Elsinore, CA, and all its
Officers, Employees and Contractors, from and against all suits and causes of action,
claims, loss, demands, expense, damage or liability of any nature whatsoever, for death or
injury, to any person including the Government, its employees or agents, or damage or
CC June 9, 2009 Item No. 13
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destruction of any property of either party hereto, or third persons in any manner, arising
by reason of or incident to, exercise or enjoyment of the premises herein given.
11. INVOICESBILLING PROCEDURES: The Forest Service Contracting Officer's
Representative (COR) shall submit a Monthly Landing Report to the City of Lake
Elsinore, and the City shall then prepare an invoice to attach to the Monthly Landing
Report.
It is the responsibility of the Contracting Officer's Representative to tally and complete a
Monthly Landing Report. This report will be sent to the City%,of Lake Elsinore for
o jiff„
preparation of an invoice. The invoice and Monthly Landueport will be sent to the
COR for review and recommendation of payment before f(Bearding to the Contracting
Officer for their signature and submission to the Albuquerque Service Center for
payment.
PAYMENT TERMS: All payments
Payment Act. Payments will be proc¢
Payments, 101B Sun Avenue, NE, Al
e in accordance J1 the Prompt
Albuquerque Serdi'c,'e tenter, Incident
VM 871.09,
12. TERMS AND CONDITIONS:
The attached FAR 52.212 -4 Contract,`
52.212 -5 Contract Terms and Condit
Orders — Commerci& terns: are made
Commercial Items, and
ft Statutes or Executive
CONTACT INFORMATION: Katln Griffin
I HEREBY
VENDOR:
Signature
Title
Date
916- 640 -1064
S BLANKET PURCHASE
AND CONDITIONS SPECIFIED
W1 L��1
Signature
Title
Date
CC June 9, 2009 Item No. 13
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52.212 -4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2008)
(a) Inspection /Acceptance. The Contractor shall only tender for acceptance those items that
conform to the requirements of this contract. The Government reserves the right to inspect or test
any supplies or services that have been tendered for acceptance The Government may require
repair or replacement of nonconforming supplies or repertormaneeof nonconforming services at
no increase in contract price. If repair /replacement or reperfogmance will not correct the defects or
//% _
is not possible, the Government may seek an equitable rsd4lction or adequate consideration
for acceptance of nonconforming supplies or servi ces. government must exercise its post -
acceptance rights —
(1) Within a reasonable time after the defectdiscovered or should have been
discovered; and it
(2) Before any substantial change occurs Ih t)1 condition pf the Item uhles the change is
due to the defect in the item.
(b) Assignment. The Contractor,of Its assignee may assI its rights to receive payment due
as a result of performance of this contra bank, trust company, or other financing institution,
including any Federal lending agency acc�i� a with the Ass ipnment of Claims Act
( U.S.C. 3727 However, when a thi arty a payment (e use of the Government wide
e
commercial purchase T ContractoY�ulay not asslgn�ts ngh� g payment under
this contract. / o� y os
(c) Changes. C < es in the t sand con 'itlons'of this cROct may be made only by
written agreement o O arties.
(d) Disputes This co Is �" o the Contract Disputes Act of 1978, as amended
(41 U S G 501 �. Fallu� % pa i es�fo this contr et to reach agreement on any request for
equltabl61adlustme Im a p� or actionaYising urider or relating to this contract shall be a
c
dispUed to be resolved 'I orda with the clause at FAR 52.233 -1 , Disputes, which is
incorpo Ned rein by reflce. The,Gontractor shall proceed diligently with performance of this
ng final resolutin of any dispute arising under the contract.
ffi' The clause at FAR 52.202-1 Definitions, is incorporated herein by reference.
(f) Excusable tlelays. The Contractor shall be liable for default unless nonperformance is
caused by an occurrence beyontJ "the reasonable control of the Contractor and without its fault or
negligence such as, acts of Gad' or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection therewith, shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must
include—
CC June 9, 2009 Item No. 13
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(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight
of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify i , of defective invoice; and
.; :<.
(ix) Taxpayer Identification Number (TIN): The Contr - f$hall include its TIN on the
invoice only if required elsewhere in this contract. /
(x) Electronic funds transfer (EFT) banking inform �
(A) The Contractor shall include EFT bankingsh or at the invoice only if
required elsewhere in this contract. a -
B If EFT banking information is no e� to be on the ink ice in order for the
invoice to be a proper invoice, the Contractor
information in accordance with the applicable
33, Payment by Electronic Funds
Payment by Electronic Funds Tra
applicable agency procedures.
(C) EFT banking inforr
to pay by EFT.
(2) Invoices will be had
and Office of Man ent
(h) Patent inde -th. . The
employees and agents agair
such
(1)ems accepted. P
have been Vered to the
(2) Prohip, ayi
Payment Act II%1�
(3) Electronic F
52.212-5 for the al
(4) Discount. In
I
submitted corre&E FT,,banking
.,
provi, contract cl _(e.g., 52.232-
or
Than CE41 ) Ontractor Reaistration) or
if the
shall indaf,fpify the
waived the requirement
it Act ( 31 U.S.C. 3903
ns at 5 CFR Part 1315.
and its officers,
for actual or alleged direct or contributory
tates or foreign patent, trademark or
t, provided the Contractor is reasonably
made for items accepted by the Government that
set forth in this contract.
Qvernment will make payment in accordance with the Prompt
.iii prompt payment regulations at 5 CFR Part 1315.
er (EFT). If the Government makes payment by EFT, see
FT.clause.
with any discount offered for early payment, time shall be
computed from the date of the invoice. For the purpose of computing the discount earned,
payment shall be considered to have been made on the date which appears on the payment
check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or
invoice payment or that the Government has otherwise overpaid on a contract financing or
invoice payment, the Contractor shall —
(i) Remit the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
CC June 9, 2009 Item No. 13
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(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this
contract shall bear simple interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate estakoft h" by the Secretary of the
Treasury as provided in Section 611 of the Contract Disputes ct of 1978 (Public Law 95 -563),
� c
which is applicable to the period in which the amount becorp ' as provided in (i)(6)(v) of this
clause, and then at the rate applicable for each six month period ed by the Secretary until
sz, /O<..
the amount is paid.
(ii) The Government may issue a de
debt is due under the contract.
(iii) Final decisions. The Contracting
33.211 if—
(A) The Contracting Offi tt
y
existence or amount of a debt within 3d
(B) The Contractor fails to liga
rz,
Officer within the timeline specified in th fie
repaid because the Cokf ctor has request"
(C) The g ritractor rests a de'
by the Contracting k i er (see 3 X17 -2).
(iv) If a demarfd for paymenwas pn
included �. t� it decisiostlhfytfi�
� �
W ,
� hall be tiuLat the ead
(A) The date fixed unfhis cont
The date'of firs Ri�itten de
paymenYyesulting from a o de It termtination
w interest char hall b op
( yq g�?�.
payment to the Corictor upon finding a
issue a final decisiOn' tequired by
to reach agreement on the
landed by the Contracting
�s the amounts were not
it s'greement; or
a debt previously demanded
ied for the debt, the demand for payment
date as the original demand for payment.
flowing dates:
payment, including any demand for
puted for the actual number of calendar days
involved begii on the due 4d a and ending on—
(A) Th6date on whGCh the designated office receives payment from the Contractor;
(B) The f issuance of a Government check to the Contractor from which an
amount otherwise payable has Fieen withheld as a credit against the contract debt; or
(C) The date on an amount withheld and applied to the contract debt would
otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures
prescribed in 32.608 -2 of the Federal Acquisition Regulation in effect on the date of this contract.
0) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to
the supplies provided under this contract shall remain with the Contractor until, and shall pass to
the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if
transportation is f.o.b. destination.
CC June 9, 2009 Item No. 13
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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(1) Termination for the Government's convenience. The Government reserves the right to
terminate this contract, or any part hereof, for its sole convenience. In the event of such
termination, the Contractor shall immediately stop all work hereunder and shall immediately
cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this
contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage
of the work performed prior to the notice of termination, plus reasonable charges the Contractor
can demonstrate to the satisfaction of the Government using its standard record keeping system,
have resulted from the termination. The Contractor shall not be required to comply with the cost
accounting standards or contract cost principles for this purpose is paragraph does not give
the Government any right to audit the Contractor's records Thin ' rector shall not be paid for
any work performed or costs incurred which reasonably could, ave been avoided.
(m) Termination for cause. The Government may terminate tt,� or any part hereof, for
cause in the event of any default by the Contractor , if (he Codtra for fails to comply with any
contract terms and conditions, or fails to provide t ak am nt, upq pquest, with adequate
assurances of future performance. In the ev ination for caus Government shall not
be liable to the Contractor for any amount for
Contractor shall be liable to the Government for
If it is determined that the Government improperly
termination shall be deemed a termI I' for con'
(n) Title. Unless specified elsewhere�m t,�I con
shall pass to the Government upon acep�tance, r�
takes physical possession
��
(o) Warranty. The ' �ctor.warrants a,impl
ME for -t e Darticule ro
(p) Limitation of
will not be liable to
or services not acc{ and the
id all rights, and remed & &pvided by law.
for
furnished under this contract
or where the Government
tie items delivered hereunder are
scribed in this contract.
by an express warranty, the Contractor
damages resulting from any defect or
all applicable Federal, State and local
la v �xecutive orders ',fules arY Iv� egulations applicable to its performance under this contrac liance witfMl
(r),Cpm pique o Government contracts. The Contractor agrees to comply
with 31 U S C. 1352 relafinma limitafion spn the use of appropriated funds to influence certain
Federal contracts; 18 U S C relatingo officials not to benefit; 40 U.S.C. 3701 et seq.,
Contract Wo'k furs and Safg,, Standards Act; 41 U.S.C. 51 -58 Anti - Kickback Act of 1986;
41 U.S.C. 265 an 1 0 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118 Fly
American; and 41l ,SzC 423 relating to procurement integrity.
(s) Order of precedence Any inconsistencies in this solicitation or contract shall be resolved by
giving precedence in the Yolfowing order:
(1) The schedule of supplies /services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance
with Laws Unique to Government Contracts paragraphs of this clause.
(3) The clause at 52.212 -5 .
(4) Addenda to this solicitation or contract, including any license agreements for computer
software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449
CC June 9, 2009 Item No. 13
Page 13 of 18
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the Government's reliance on
inaccurate or incomplete data. To remain registered in the CCR database after the initial
registration, the Contractor is required to review and update on an annual basis from the date of
initial registration or subsequent updates its information in the CCR database to ensure it is
current, accurate and complete. Updating information in the CCR does not alter the terms and
is. ,
conditions of this contract and is not a substitute for a properly„eXe
4�e ted contractual document.
�i =",
(2)(i) If a Contractor has legally changed its business me; doing business as" name, or
division name (whichever is shown on the contract), or�t s� }ransferred the assets used in
'o,,y w
performing the contract, but has not completed the nee M
regbir0pents regarding novation
and change -of -name agreements in FAR Subpart42 i2 , the Contractr shall provide the
responsible Contracting Officer a minimum of ohe business day's written'notification of its
intention to (A) change the name in the CCR database; (B) comply with the requirements of
Subpart 42.12 and (C) agree in carding to the time� procedures spec fiefflb�y�the
responsible Contracting Officer. The Contractor mud,= fie wit i "the notificationstCf#icient
documentation to support the legal ,changed name.
(ii) If the Contractor fails to cornply ith,the requirements of paragraph (t)(2)(i) of this
clause, or fails to perform the agreement at par j ph (t)(2)(i)(gf this clause, and, in the
absence of a properly executed novation or Chan a )b5fhame agreement, the CCR information
that shows the Contr" ���other than the Contrap� '�atedl� {fie contract will be
considered to be incorr inf& - nna on wit ri the mean ng o Vouspension of Payment"
paragraph of the electronic fundski sfer (EFT) clad of this ract.
(3) The Contractor $lhall not. Inge the nam�or address for EFT payments or manual
of
made
be incoi
he EFT
(4) Offer
requirements
tfflCR record to ret't an assignee for the purpose of assignment
ssignment of; s). ignees shall be separately registered in
iy���ovided to the Ntractor's CCR record that indicates payments,
to an ultt, to recipient other than that Contractor will be
.,,
rmation�Wjj4,in the meaning of the "Suspension of payment"
may obtain information on registration and annual confirmation
p: / /www.ccr.gov or by calling 1- 888 - 227 -2423 or 269- 961 -5757
CC June 9, 2009 Item No. 13
Page 14 of 18
52.212 -5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS — COMMERCIAL ITEMS (OCT 2008)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.233 -3 , Protest After Award (AUG 1996) (31 U.S.C. 3553
(2) 52.233 -4 , Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108 -77, 108-
78)
(b) The Contractor shall comply with the FAR clauses in
Officer has indicated as being incorporated in this contract
of law or Executive orders applicable to acquisitions of C -
❑ (1) 52.203 -6 , Restrictions on Subcontractor Sales
Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.,G: 240
❑ (2) 52.219 -3 , Notice of Total HUBZo pt Aside
❑ (3) 52.219 -4 , Notice of Price Evalu; i eferen(
.,
Concerns (JULY 2005) (if the offeror elects to waive lih'@ pre
(15 U.S.C. 657a
❑ (4) [Reserved]
❑ (5)(i) 52.219 -6 , Notice of [ U- ma siness Si
/�, %'
❑ (ii) Alternate I (Oct 1995) of 5219 6
❑ (iii) Alternn e , 004) of 52219 6 1/
yap
E] (6)( 52 Nobc,Partlal Small Busirfe�:
v/O
E] (ii) Alter , l (Oct 19 ),of 52.219 7 .
4graph (b) that the Contracting
.nce to implement provisions
items:
(Sept 2006), with
(Jan 1999) (fVU S C 657a
e for HUBZone'S ^� Business
ferehce It shall so� to in its offer)
(June 2003) ( U.S.C. 644 ).
(June 2003) ( U.S.C. 644 ).
(May 2004) ( 15 U.S.C. 637(d)(2)
Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)
Alternate I (O"'J 001)
II (Oef'2001) of
El (9) 580W,9 14, Lim ltat o s on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)
❑ (10) 5221 1 "6 , Li u led Damages— Subcon- tracting Plan (Jan 1999) 15 U.S.C.
637(d)(4)(F)(i) q
❑ (11)(i) 52.219 -2 otice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns (OCT 2008) (10 U.S.C. 2323 (if the offeror elects to waive the adjustment, it
shall so indicate in its offer).
❑ (ii) Alternate I (June 2003) of 52.219 -23
❑ (12) 52.219 -25 Small Disadvantaged Business Participation Program— Disadvantaged
Status and Reporting (Apr 2008) (Pub. L. 103 -355, section 7102, and 10 U.S.C. 2323
❑ (13) 52.219 -26 Small Disadvantaged Business Participation Program —
Incentive Subcontracting (Oct 2000) (Pub. L. 103 -355, section 7102, and 10 U.S.C. 2323
CC June 9, 2009 Item No. 13
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❑ (14) 52.219 -27 Notice of Total Service - Disabled Veteran -Owned Small Business Set -
Aside (May 2004) (15 U.S.C. 657 f ).
❑ (15) 52.219 -28 Post Award Small Business Program Rerepresentation (June 2007)
( 15 U.S.C. 632(a)(2)
® (16) 52.222 -3 , Convict Labor (June 2003) (E.O. 11755).
® (17) 52.222 -19 Child Labor — Cooperation with Authorities and Remedies (Feb 2008)
(E.O. 13126).
® (18) 52.222 -21 Prohibition of Segregated Facilities (Feb 1999).
® (19) 52.222 -26 Equal Opportunity (Mar 2007) (E.O. 11246).
® (20) 52.222 -35 Equal Opportunity for Special Disabled, a rans, Veterans of the
Vietnam Era, and Other Eligible Veterans (Sept 2006)
® (21) 52.222 -36 Affirmative Action for Workei
(29 U.S.C. 793
® (22) 52.222 -37 Employment Reports on Spy
Vietnam Era, and Other Eligible Veterans (Sept 2006)
❑ (23) 52.222 -39 Notification of Employee 1lig1
Fees (Dec 2004) (E.O. 13201). /
® (24)(i) 52.222 -50 CombatiPaffickmg in
contracts). s t
/
�
E] (ii) Alternate I (Aug 2007) df .222',
❑ (25)(i) 52.223 / stimate of Pe�ntage c
Designated Items (Mp 6962(c)(W
❑ (ii) Alterr�a�e I (May 2068) of 52.2284' (4
❑ (26) 52.223 1 y Energy E cie in Energ
8259b)
❑ (7f (rjM 2 223 16 ( 680 Starilfor
Computer Products (DEC 2007) 13423)
(ii) Alternate 2007) of, 52.223 -16
❑ (29)('
(Aug 2007) (4
78, 108 -286, 1
//jth DisA� es (Jun 1998)
ps
cial Disabled Vg%ns, Veterans of the
7 /
(38 U.S.C. 4212
its Concerning PaymenCof,Onion Dues or
rsetis -(Auo 2007) (Anolie t "all
OUerefVl�
;e V ,dal Content for EPA-
J.S.C. 6962(i)(2)(C)
:onsuming Products (DEC 2007) ( U.S.C.
Environmental Assessment of Personal
plies (June 2003) ( U.S.C. 10a -10d
ee Trade Agreements — Israeli Trade Act
note, 19 U.S.C. 2112 note, Pub. L 108 -77, 108-
❑ (ii) Alternafe Icn2004) of 52.225 -3 .
:;
El (iii) Alternate 11' n 2004) of 52.225 -3 .
❑ (30) 52.225 -5 , Trade Agreements (Nov 2007) (19 U.S.C. 2501 of seq., 19 U.S.C. 3301
note).
® (31) 52.225 -13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
❑ (32) 52.226 -4 , Notice of Disaster or Emergency Area Set -Aside (Nov 2007) ( U.S.C.
5150).
CC June 9, 2009 Item No. 13
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❑ (33) 52.226 -5 , Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150
❑ (34) 52.232 -29 Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 255(f} 10 U.S.C. 2307(f)
❑ (35) 52.232 -30 Installment Payments for Commercial Items (Oct 1995)
( 41 U.S.C. 255(f) 10 U.S.C. 2307(f)
® (36) 52.232 -33 Payment by Electronic Funds Transfer — Central Contractor Registration
(Oct 2003) ( U.S.C. 3332
❑ (37) 52.232 -34 Payment by Electronic Funds
Registration (May 1999) (31 U.S.C. 3332
❑ (38) 52.232 -36 Payment by Third Party (May 19
® (39) 52- 239 -1 , Privacy or Security Safeguards, 'i
❑ (40)(i) 52.247 -64 Preference for Privately O -wne
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U S C 2631)
❑ (ii) Alternate I (Apr 2003) of 52.24 ;
(c) The Contractor shall comply with the FAR clauses in
commercial services, that the Contracting Officer ha��icic
contract by reference to implement ,
acquisitions of commercial items:
[Contracting Officer check as appr
❑ (1) 52.222 -41 Service Cont
i,
❑ (2) 52.222 42 5a{egpt of
(29 U.S.C. 206 an
❑ (3) 52_22
(Multiple Year and
Maintenance, Calibration;
351 at seq) ,,. ,
® (6) �2e2.22 -53 E:
Certain Services l uin
❑ (7) 52.237 'taf
seq.).
of law
Of
Other than Central Contractor
U S C. 3332
(5 U.S.C. 552a
17/0 o mmercial Vessels
ragraph (c) applicable to
tbeing incorporei6d in this
orders applicabl45tb
4.1�U.S.C. 351 etseq.).
Was (May 1989)
Service Contract Act —Price Adjustment
J.S.C. 206 and 41 U.S.C. 351 at seq.).
Service Contract Act —Price Adjustment
ati' of the Service Contract Act to Contracts for
Equipment— Requirements (Nov 2007) 41 U.S.C.
from Application of the Service Contract Act to Contracts for
2007) (41 U.S.C. 351 at seq.).
and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(11
(d) Comptroller Geneii#158Aamination of Record. The Contractor shall comply with the
provisions of this paragrall (d) if this contract was awarded using other than sealed bid, is in
excess of the simplified acquisition threshold, and does not contain the clause at 52.215 -2 , Audit
and Records — Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7 Contractor
CC June 9, 2009 Item No. 13
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Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after
any resulting final termination settelement. Records relating to
appeals under the disputes clause or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such appeals, litigation, or claims are finally
resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
%a
(e)(1) Notwithstanding the requirements of the clauses in par;�g,r-japhs (a), (b), (c), and (d) of
this clause, the Contractor is not required to flow down any / /
F olause, other than those in
%,
paragraphs (i) through (vii) of this paragraph in a subcontra� Mori ommercial items. Unless
otherwise indicated below, the extent of the flow down st 2lI be as required by the clause —
(i) 52.219 -8 , Utilization of Small Business CoernS( a 1 S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subc gactmg opportunities If t &subcontract (except
subcontracts to small business concerns) exc� s � $550 000 ($1 61It
,000,000 , nstruction of any
public facility), the subcontractor must include 5 `2 219 8 in lo er subcont a at offer
subcontracting opportunities.
(ii) 52.222 -26 Equal Opportunity (Mar 2007)
(iii) 52.222 -35 Equal Opportunity,Tpd ecial Disable u/eterans, Veterans of the Vietnam
Era, and Other Eligible Veterans (Sept 20067 ( U S C 42122;
(iv) 52.222-36 Affirmative Actiork Workers with Disabi s (June 1998)
(29 U.S.C. 793 / ✓/� 1°
(v) 52 222r'3 Employpg „R�hfsConcp�[ag Payment of Union Dues or
Fees (Dec 2004) EEO 3201)e
(vi) 52.222- 41 ,Service C act Act of 1965 (Nov 2007) (41 U.S.C. 351 et seq.).
(vii) Comb ti s ific�Cmg m Persons (Aug 2007) (22 U.S.C. 7104(g) Flow
down regwrod`iordance� ifh (fi) of F4clause 52.222 -50
(vw)
2.22 the Service Contract Act to Contracts for
Mamie once, CalibrationRepaif Certain Equipment- Requirements (Nov 2007) ( U.S.C.
351 .
(ix) >222 -53 Exempi't1n from Application of the Service Contract Act to Contracts for
Certain Servi ft”" equirements (Nov 2007) (41 U.S.C. 351 et seq.).
(x) 52 24 Z. Preferenc#for Privately Owned U.S. -Flag Commercial Vessels (Feb 2006)
(46 U.S.C. ADDX 120(,b) and S.C. 2631 Flow down required in accordance with
paragraph (d) of FARo(euse 52 247 64 .
(2) While not required`Ahe contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
CC June 9, 2009 Item No. 13
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