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Home My WebLink AboutDocumentation_Regular_Tab 13_7/9/2020Agenda Item #13. Regular Council STAFF MEMO � Meeting: Regular Council -Jul 09 2020 Staff Contact: Gus Medina, Police Chief Department: Police Approval of Contract and Memorandum of Understanding with the Bureau of Land Management CRY: This contract and Memorandum of Understanding (MOU) is with the Bureau of Land Management. The Bureau of Land Management contract and MOU is for Tequesta police officers to patrol and enforce Palm Beach County and Florida laws, within the Jupiter Inlet Lighthouse Outstanding Natural Area. This enforcement will be an extra detail, paid by the Bureau of Land Management. This award will have one base year and two option years. The award is $36,490 per year. BUDGET INFORMATION: BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $36;490 $367490 Additional Budgetary Information: Funding Source(s): Bureau of Land Management ENTIAL MOTION /DIRECTION REQUES D: Recommend • .•• • ATTACHMENTS:' Bureau of Land Manage Page 149 of 191 Agenda Item #13. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 34 0040487759 1 1 19 2. CONTRACT NO. 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION EFFECTIVE DATE 1 4 0 L 0 12 0 Q 0 0 0 5 ISSUE DATE 140L0120P0009 05/27/2020 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: Willie Bethune (202) 912-7027 ET 9. ISSUED BY CODE LWA 10. THIS ACQUISITION IS X❑ UNRESTRICTED OR ❑ SET ASIDE: % FOR: BLM ACQ & FA (W0855) 20 M Street SE Washington DC 20003 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS TION UNLESS BLOCK IS MARKED ® SEE SCHEDULE 15. DELIVER TO CODE 10004276320 BLM-ES SOUTHEASTERN STATES DISTR OF 273 MARKET STREET FLOWOOD MS 39232 17a. CONTRACTOR/ CODE 10 0 7 0 0 9 0 3 8 l FACILITY OFFEROR CODE TEQUESTA, VILLAGE OF Attn: ATTN GOVERNMENT POC 345 TEQUESTA DR TEQUESTA FL 33469-3062 TELEPHONE NO. 000-000-DD00 WOMEN -OWNED SMALL BUSINESS ❑ SMALL BUSINE55 ❑ (WOSB) ELIGIBLE UNDER THE WOMEN -OWNED ❑ HUBZONE SMALL SMAI I RUSIKI S S PROGRAM NAILS: 9 2 212 0 BUSINESS ❑ EDWOSB ❑ SERVICE -DISABLED ❑ 8(A) SIZE STANDARD: VETERAN -OWNED SMALL BUSINESS 13b. RATING ❑ 13a. THIS CONTRACT IS A RATED ORDER UNDER 14. METHOD OF SOLICITATION DPAS (15 CFR 700) MRFQ ❑IFS ❑ RFP 16. ADMINISTERED BY CODE ILWA BLM ACQ & FA (W08 5 5 ) 20 M Street SE Washington DC 20003 18a_ PAYMENT WILL BE MADE BY CODE 11pp INV Invoice Processing Platform System US Department of Treasury http://www.ipp.gov ❑ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS I OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED ❑SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Please see the attached terms and conditions. This award will have one base year and two option years Legacy Doc #: BLM Delivery: 06/02/2023 Period of Performance: 06/03/2020 to 06/02/2021 00010 TEQUESTA LE Contract Continued ... (Use Reverse andlorAttach Additional Sheets as Necessary) 50,000.00 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) See schedule $109,470.00 ❑ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ❑ ARE ❑ ARE NOTATTACHED. ❑ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ❑ ARE ❑ ARE NOT ATTACHED. X1 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. 30a. SIGNATURE OF OFFEROR/CONTRACTOR 30b. NAME AND TITLE OF SIGNER (Type or print) AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE xJ 29. AWARD OF CONTRACT: quote OFFER DATED 0 5 / 2 912 0 2 0 . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: a l l 31 a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) WILLIE BETHUNE Digitally signed by V111LL1E BETHUNE Date: 2020.06.03 16:49:28-04'00' 30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31 c. DATE SIGNED Willie G. Bethune 06/03/2020 STANDARD FORM 1449 (REV. 212012) Prescribed by GSA - FAR (48 CFR) 53.212 Page 150 of 191 Agenda Item #13. 2 of 19 19. ITEM NO. 20. SCHEDULE OF SUPPLIESISERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT Product/Service Code: R499 Product/Service Description: SUPPORT - PROFESSIONAL: OTHER Accounting Info: 01 Account Assignm: K G/L Account: 6100.252R0 Business Area: 1,000 Commitment Item: 252R00 Cost Center: LLWO120400 Functional Area: L16300000.N00000 Fund: 20XL1109AF Fund Center: LLWO120400 Project/WBS: LX. SI . LEAG0000 PR Acct Assign: 01 Funded: $50, 000. 00 Period of Performance: 06/03/2020 to 06/02/2023 00020 Tequessta LE Contract 59,470.00 Product/Service Code: R499 Product/Service Description: SUPPORT - PROFESSIONAL: OTHER Accounting Info: 01 Account Assignm: K G/L Account: 6100.252R0 Business Area: L000 Commitment Item: 252R00 Cost Center: LLESJ02400 Functional Area: L16300000.NU0000 Fund: 19XL1109AF Fund Center: LLESJ02400 PR Acct Assign: 01 Funded: $59, 470 . 00 Period of Performance: 06/03/2020 to 06/02/2023 Continued ... 32a. QUANTITY IN COLUMN 21 HAS BEEN ❑ RECEIVED ❑ INSPECTED ❑ ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPTAS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. 32g. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 36. PAYMENT ❑ COMPLETE ❑ PARTIAL ❑ FINAL 37. CHECK NUMBER ❑ PARTIAL ❑ FINAL 38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 41 a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YYIMMIDD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 212012) BACK Page 151 of 191 0 EFERENCE NO. OF DOCUMENT BEING CONTINUED CONTINUATION SHEET 14OL0120P0009 PAGE OF 19 NAME OF OFFEROR OR CONTRACTOR TEQUESTA, VILLAGE OF NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 Page 152 of 191 Agenda Item #13. J[JPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA LAW ENFORCEMENT SERVICES STATEMENT OF WORD Scope of work (a) The purpose of this contract is to obtain law enforcement services as needed to assist the Bureau of Land Management (BLM) in the administration and regulation of the use and occupancy of the public lands within the Jupiter Inlet Lighthouse Outstanding Natural Area. (b) The Vendor(s) will enforce the civil and criminal laws of the State and/or county on the public lands, waters, roads, and trails administered by the BLM with reimbursement by the BLM, in accordance with the costs associated with conducting these services, as identified in the Vendor's off -duty, extra -duty, and/or permit schedule. These schedules of cost may include: labor rate per hour, and a minimum number of hours each service request, an adjusted rate for certain days/times and holidays, an additional cost for specific types of equipment and an appropriate overhead cost if not included with the enforcement personnel labor rate. (c) The services requested by the BLM are for additional coverage on the public lands beyond the scope of normal and routine law enforcement activities already performed by the Vendor(s). General work Requirements (a) Provide services as listed, for the enforcement of State and local laws and ordinances relating to the protection of persons and property and resources on the public lands. The lack of any specific request by the BLM will not limit the authority of the Vendor(s) to respond to any situation in a fashion seen fit under State or local law. ❑ Vendor(s) will coordinate with the designated BLM Project Inspector (PI) regarding patrol needs and to exchange law enforcement information of benefit to both the Vendor and the BLM. ❑ Vendor(s) will issue state and/or county citations, when warranted, for violations related to the protection of persons, property and natural resources located on the public lands. ❑ Vendor(s) agrees to conduct patrols, as scheduled, through a variety of methods including, by motorized vehicle, foot, all -terrain vehicle and boat, for the Jupiter Inlet Lighthouse Outstanding Natural Area, Palm Beach County, FL. ❑ Vendor(s) will provide patrols that demonstrate a visible law enforcement presence on the public lands, including the trail system, around the lighthouse and the Indian River Lagoon and Loxahatchee River shorelines. Personnel on patrol shall engage with users of the public lands to ensure there is a wide -spread knowledge of State and County rules and regulations affecting the public lands Page 153 of 191 Agenda Item #13. and protecting natural and cultural resources. ❑ Vendor(s) shalt ensure all patrols demonstrate a visible presence on the public lands shoreline to prevent climbing up and down the dune system. ❑ Vendor(s) shall engage in multi -agency cross -jurisdictional coordination as appropriate to facilitate public safety and routine patrol work within the ONA. ❑ Vendor(s) will ensure all BLM requests for dedicated law enforcement services are recorded and offered in their off -duty, extra -duty and permit scheduling systems to appropriate trained and equipped law enforcement personnel. The Vendor(s) will work to ensure as much coverage of these BLM requests as passible. The BLM however, understands that based on law enforcement personnel availability and desire not all requests may be fulfilled. ❑ The BLM shall provide a minimum of 24-hours' notice of any schedule patrol or period of patrols that requires cancellation due to unforeseen circumstances, inclement weather or any other reason necessitating cancelation of this service. ❑ Vendor(s) will offer off -duty, extra -duty and/or permit duty hours to law enforcement personnel for dedicated patrols of at the Jupiter Inlet Lighthouse Outstanding Natural Area through their scheduling systems. The BLM will provide a schedule to the vendor(s) a minimum of 2-weeks in advance of any request. o Vendor(s) shall maintain a schedule of hourly fees for patrol services and inform BLM of any minimum hourly requirements. Vendor(s) shall notify BLM in writing of any changes to this fee schedule. o Vendor(s) shall invoice monthly based on patrols provided at their published or agreed upon hourly rates for the type of patrol. (b) Communications: ❑ Vendor will coordinate via telephone, electronic message, or in person with the designated BLM Project Inspector (PI) regarding patrol assignments and to exchange mutually beneficial law enforcement information. ❑ Vendor will provide a brief summary of patrol information, visitor contact counts, citations issued etc. to the BLM PI after each patrol. Information can be submitted via email and shall be submitted within 24 hours of the conclusion of patrol activities. These patrol information summaries shall be used to verify completed work and pay all invoices. ❑ Vendor will contact BLM law enforcement and/or management as soon as possible to report significant problems or concerns noted during patrol activities or discovered through other means. ❑ Vendor will enter appropriate information in the National Law Enforcement Telecommunication System (NLETS) and other State specific systems as requested by BLM law enforcement officers. Page 154 of 191 Agenda Item #13. ❑ Vendor's employees will at no time release any information about current cases and/or subjects of investigations that BLM law enforcement officers are working on. ❑ Vendor will upon the request of the BLM law enforcement officer fax sensitive information to the BLM law enforcement officer's secure fax (i.e. criminal histories, Driver's license print-out's, etc.). (c) Sworn personnel assigned to duties under this contract will be paid employees of the Vendor who have complied with the minimum standards as required by the Florida Department of Law Enforcement; and that such, have not been convicted of a misdemeanor crime of domestic violence and are not prohibited from possessing a firearm in accordance with 18 U.S.C. 922(g)(9). (d) The Vendor will ensure that sworn personnel assigned to duties on Public Lands be made aware of the provisions of the Archaeological Resources Protection Act (16 U. S.C. 470 as - 47011) and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 - 3013), regarding skeletal remains. Also, ensure that the Vendor's personnel conducting the patrols, are instructed that, if possible, not to disturb what possibly may be an archaeological site, on the belief that the presence of skeletal remains is indicative of a crime scene over which they have jurisdiction, without first checking with appropriate BLM Ranger and/or District/Field management personnel. BLM will provide this training to Vendor if. requested. (e) The Vendor will furnish the designated BLM PI monthly reports of all noted law enforcement activities related to: (1) number of patrols made; (2) hours worked; (3) arrests made on public lands —both misdemeanor and felonies; (4) incidents investigated or responded to —including fatalities and accidents involving serious bodily injury; and (5) assistance given to BLM personnel. (fl Itemized invoices for payment will be furnished at the end of each month to the BLM Contracting Officer. The designated BLM COR will certify all invoices for accuracy and verify that patrols were performed within the standards stated above. A copy of the above mentioned backup documentation/reports should be retained in the contract file, along with the quarterly invoice, and/or with the designated BLM COR. (g) Vendor should not exceed the contracted dollar amount without prior approval and modification of the contract by the contracting officer. Page 155 of 191 Agenda Item #13. Section2........................................................................................................................................................ 2 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018).......................................... 2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (MAR 2020)................................................................ Error! Bookmark not defined. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) SEPTEMBER 2011...........................................................................................15 52.217-9 Option to Extend the Term of the Contract March 2000................................................16 Page 156 of 191 Agenda Item #13. Section 2 52.212-4 Contract Terms and Conditions -Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -Commercial Items (Oct 2018) (a) Ins pectio n/Accepta nee. 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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post -acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (1) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Conti -actor and without its fault or negligence such as, acts of God 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 Conti -acting 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- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, 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 in event of defective invoice; and Page 157 of 191 Agenda Item #13. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-331, Payment by Electronic Funds Transfer -System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer -Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) 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 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.39Q3) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52 5(b) for the appropriate EFT clause. (4) Discount. In connection 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 - (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 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 established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The {Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Page 158 of 191 Agenda Item #13. Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on - (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which 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. (j) 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. (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. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (in) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Conti -actor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with Page 159 of 191 Agenda Item #13. 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to vwhistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order; (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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. (8) Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service JOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti -Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOTS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click -wrap" or "browse -wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAKI), are incorporated by reference into the contract. (End of clause) Alternate I (Jan 2017). when a time--and-materials or labor --hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (1), and (m) for those in the basic clause. (a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. Page 160 of 191 Agenda Item #13. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) ❑f this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may - (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to- (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability tinder this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government -furnished property shall be governed by the clause pertaining to Government property. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause- (i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are - (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. 1 "Materials" means - (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (13) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause. (iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a Page 161 of 191 Agenda Item #13. subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.10 the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the- (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor- (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall- (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts,, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(I)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert `None'."I Page 162 of 191 Agenda Item #13. (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert `None')."] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment - (A) The original timecards (paper -based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost - (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments.Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall - Page 163 of 191 Agenda Item #13. (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the - (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 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)(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 established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if - (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner-, (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-1). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar (lays involved beginning on the due date and ending on - (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which 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. (viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than I year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the (late of the release or the date of any notice to the Page 164 of 191 Agenda Item #13. Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) Discount. In connection 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 that appears on the payment check or the specified consl p payment date if an electronic funds transfer payment is made. (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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (in) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor falls to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. 52.212-5 Conti -act Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (Mar 2020) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Set -vices Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 380 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Page 165 of 191 Agenda Item #13. Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3LO9D). _ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _ (4) 52.204-10, Reporting Executive Compensation and First -Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 610 (5) [Reserved]. (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. Q. — (7) 52.204-15, Service Contract Reporting Requirements for Indefinite -Delivery Conti -acts (Oct 2016) (Pub. L. 111-117, section 743 of Div. Q. _ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note). _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) (i) 52.219-3, Notice of HUBZone Set -Aside or Sole -Source Award (Mar 2020) (15 U.S.C.657a). (ii) Alternate I (Mar 2020) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (Mar 2020) of 52.219-4. (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set -Aside (Mar 2020) (15 U.S.C.644). (ii) Alternate I (Mar 2020). (Iii) Alternate 11 (Nov 2011). _(15) (i) 52.219-7, Notice of Partial Small Business Set -Aside (Mar 2020) (15 U.S.C. 644) (ii) Alternate I (Mar 2020) of 52.219-7. (iii) Alternate 11 (Mar 2004) of 52.219-7. (16) 52.219-8. Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)-(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate 11 (Nov 2016) of 52.219-9. (iv) Alternate III (Mar 2020) of 52.2 ' 19-9. (v) Alternate IV (Aug 2018) of 52.219-9 _ (18) 52.219-13, Notice of Set -Aside of Orders (Mar 2020) (15U.S.C. 644(r)). _ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15--U.S.C.637(a)(14)). _ (20) 52.219-16, Liquidated Damages -Subcontracting Plan (Jan 1999) (15 U.S.C. 637( )(4)(F)(i)). nnr _ (21) 52.219-27, Notice of Service -Disabled Veteran -Owned Small Business Set -Aside (Naar 2020) (15-U.S.C. 657f). _ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 63 a (ii) Alternate I (MAR 2020) of 52.219-28. Page 166 of 191 Agenda Item #13. (23) 52.219-29, Notice of Set -Aside for, or Sole Source Award to, Economically Disadvantaged Women -Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set -Aside for, or Sole Source Award to, Women -Owned Small Business Concerns Eligible Under the Women -Owned Small Business Program (Mar 2020) 15 U.S.C. 637 m . (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. . 44(r)) (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755). (28) 52.222-199 Child Labor -Cooperation with Authorities and Remedies (Jan 2020) (E.0.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). (ii) Alternate I (Feb 1999) of 52.222-26. (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) 38 U.S.C. 4212). (ii) Alternate I (July 2014) of 52.222-35. (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S. (ii) Alternate I (July 2014) of 52.222-36. (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. cha ter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 22 U.S.C. cha ter78 and E.Q. 13627). (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off -the -shelf items or certain other types of commercial items as prescribed in 22.1803.) (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA —Designated Items (May 2008) 42 U.S.C. 6962 c 3 A ii . (Not applicable to the acquisition of commercially available off - the -shelf items.) (ii) Alternate I (May 2008) of 52.223-9 42 U.S.C. 69626)(2)(0). (Not applicable to the acquisition of commercially available off -the -shelf items.) (38) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential Dydrofluorocarbons (Jun 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEATO-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Oct 2015) of 52.223-13. (41) (i) 52.223-14, Acquisition of EPEATO-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy -Consuming Products (Dec 2007) 42 U.S.C. 8259b�. (43) () 52.223-16, Acquisition of EPEAT9-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 20.14) of 52.223-16. (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). Page 167 of 191 Agenda Item #13. (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). (ii) Alternate I (Jan 2017) of 52.224-3. (48) 52.225-1, Buy American -Supplies (May 2014) (41 U.S.C. chapter 83). (49) (i) 52.225-3, Buy American -Free Trade Agreements -Israeli Trade Act (May 2014) 41 U.S.C. cha ter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate 11(May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.Q.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note}. (53) 52.226-4, Notice of Disaster or Emergency Area Set -Aside (Nov 2007) 42 U.S.C. 5150 . (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 42 U.S.C. 5150 . (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 4(1 U.-S.C.450�5, 10 U.S.C.2307Lf)). (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307 ^X_ (57) 52.232-33, Payment by Electronic Funds Transfer -System for Award Management (Oct 2018) (�31 U.S.C. 3332}. (58) 52.232-34, Payment by Electronic Funds Transfer -Other than System for Award Management (Jul 2013) (31 U.S.C.3332). (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) 15 U.S.C. 637 d 13 . (62) (1) 52.247-G4, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 46 U.S.C. Appx. 1241 b and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (iii) Alternate 11(Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chap -ter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.-chapter 67). (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) Page 168 of 191 Agenda Item #13. (41 U.S.C. chapter 67). _ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chap ter (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprorit Organizations (May 2014) (42 U.S.C. 1722). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (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 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 settlement. 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2), and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222:17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O. 11246). (ix) 52.222.735, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.42D2 (xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. Page 169 of 191 Agenda Item #13. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) (xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.0 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.0 1362 I (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chapter 67). (xvii) 52.222-54 Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.22Z-5.5, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-2, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-04, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Electronic Invoicing and Payment Requirements — Internet Payment Platform (IPP) (September 2011) Payment requests Must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions Commercial Items included in commercial contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Invoice Page 170 of 191 Agenda Item #13. The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3--5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3 13 L If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation. 52.217-9 Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: OPTION To EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a)The Government may extend the term of this contract by written notice to the Contractor within — 60 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least - 60 d ays [60days ti n less a differe n t number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b)1f the Government exercises this option, the extended contract shall be considered to include this option clause. (c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. (End of clause) Page 171 of 191 Agenda Item #13. Department of the Interior Internet Payment Platform Clause: Electronic Invoicing and Payment Requirements — Internet Payment Platform (IPP) (September 2011) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions Commercial Items included in commercial contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Invoice The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3--5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation. Page 172 of 191 Agenda Item #13. MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT SOUTHEASTERN STATE FIELD OFFICE AND THE VILLAGE OF TEQUESTA FOR LAW ENFORCEMENT SERVICES I. PURPOSE This Memorandum of Understanding (MOU) provides for the adequate protection and safety of persons, property on, and resources of, the National System of Public Lands administered by the Bureau of Land Management (BLM), United States Department of the Interior, within the Jupiter Inlet Lighthouse outstanding Natural Area (JILONA); including its public lands, waters, roads and trails. This MOU is entered into by the Village of Tequesta and the BLM to provide routine patrol and assistance in the enforcement of State, County and Local ordinances as they pertain to the JILONA. II. AUTHORITY A. Bureau of Land Management Section 303(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(d)) provides that, in connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. B . Village of Tequesta Florida Statues, Part I, Chapter 23, the "Florida Mutual Aid Act", authorizes law enforcement agencies to enter into MOUs for Voluntary cooperation and assistance of a routine law enforcement nature. Furthermore, this MOU is made and entered into under the provisions established in the Consolidated Natural Resource Act of 2008, P.L. 110-229 (Sec. 202. (d)(3)); that provides specific authority to the Secretary of the Interior to enter into Cooperative Agreements with appropriate Federal, State, County and other local government agencies for the long-term management of the Jupiter Inlet Lighthouse Outstanding Natural Area. Page 173 of 191 Agenda Item #13. III. DEFINITIONS A. Public Lands - Means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior, through the BLM without regard to how the United States acquired ownership, except: 1 Lands located on the outer Continental Shelf Lands held for the benefit of Indians, Aleuts, and Eskimos. 43 U.S.C, 1702 (e) B. Law Enforcement Officer (LEO) Law Enforcement Rangers and Special Agents employed by the BLM who have been delegated law enforcement authority by the Director, BLM C . State Director - The State Director, BLM, Eastern States D. Special Agent -in -Charge (SAC) - BLM Regional Special Agent -in -Charge for the Office of Law Enforcement and Security, Region 4 IV. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS The congressionally designated Jupiter Inlet Lighthouse outstanding Natural Area is comprised of BLM-administered public land, a portion of which is within the municipal jurisdiction of both the Village of Tequesta and the Town of Jupiter, in Palm Beach County, Florida. The Bureau of Land Management has the responsibility for the protection and management of the aforementioned public land and its resources, while providing for public and employee health and safety. The Village of Tequesta is responsible for the enforcement of the governing lave and regulation applicable within its jurisdiction. As such, the Tequesta Police Department is recognized to have the authority and duty to enforce state statutes, laves and regulations for the State of Florida, and local ordinances for the Village of Tequesta. Therefore, it is known, both parties share mutual interest in the site. The public lauds encompassed by the JILONA are recognized under proprietary jurisdiction. As such, given the Property Clause and Supremacy Clause of the United States Constitution, and the reservation of general police powers to the States, the provision of law enforcement services must be a partnership between the Federal government, and State and local authorities, and this MOU serves to mutually benefit all parties. Due to the proximity of the JILONA from its administrative and operational centers the BLM recognizes the inability and infeasibility of providing routine lave enforcement patrols and responses to the site. The BLM however, also recognizes the unique nature of the JILONA site, coupled with its other resources will attract a large number of 2 Page 174 of 191 Agenda Item #13. visitors. Therefore, to ensure that the public and the natural resources are protected, it is necessary to enter into agreements to authorize local laver enforcement agencies to provide services beyond existing jurisdictional relationships. The Village of Tequesta and its Police Department recognize the unique nature of the JJLONA, and the local, and regional importance of the site as an icon of their community. The Village of Tequesta and its Police Department further understand the public draw to such a site and the other resources present. As such, this MOU is necessary to provide clarity to the law enforcement relationship to the BUNT and to ensure the MONA receives adequate protection to ensure the safety of its visitors and protection of its resources. V. PROCEDURES In order to provide for adequate protection for public safety, property, and natural resources within the JILONA the village of Tequesta and the: BLM agree as follows: A. The Village of Tequesta shall continue to enforce applicable State and local laws, rules and regulations, within any portion of the MONA currently including those areas within the municipal limits and jurisdiction of the Village of Tequesta and the Town of Jupiter within the normal scope of their duties to the extent of their current financial and manpower resources taking into account the scope of work which Tequesta will be reimbursed for under contract. Specifically, as determined by the level of activity and deemed necessary by the Chief of Police, provide for routine patrols, emergency and criminal response, marine patrols of the shoreline, and enforcement of natural and cultural resource ordinances, and property laws appropriate for the site. B. The Tequesta Police Department shall utilize only sworn law enforcement personnel who have been certified as meeting the minimums standards set and as required by the Police Department, and that such sworn officers and/or agents of the Chief performing services under this MOU in enforcing state and local laws are, and will remain, under the supervision, authority and responsibility of the Tequesta Chief of Police. Any services provided Under the terms of this MOU shall be pursuant only to those applicable laws and regulations falling within the Village of Tequesta's jurisdictional authority, including the statutes, laws and regulations of the State of Florida, as well as the laws and ordinances of both Palm Beach County and the Village of Tequesta. Any services provided under the terms of this MOU shall not be considered as coming within the scope of Federal employment nor shall any of the benefits of Federal employment be conferred under this MOU. C. The Tequesta Police Department shall as part of services currently being provided, notify the BLM law enforcement agent, or the designated BLM site manager of any known criminal activity on public lands hazardous to the public and BLM employees. Furthermore, the Tequesta Police Department shall maintain reports and statistical records regarding police activity within the JJLONA and shall provide such to the BLM by September l st each year in order to complete 3 Page 175 of 191 Agenda Item #13. required annual reporting. D. The BLM, to the extent feasible, shall continue to enforce Federal laws, rules and regulations as they apply to the JILONA. As appropriate, the BLM will use its own Rangers and Special Agents to coordinate with the Tequesta Police Department and aid in enforcement activities throughout the area. The BLM will provide support and cooperate with the Tequesta Police Department in the enforcement of state and local laws on BLM administered public lands. E. The BLM shall ensure its supplementary rules and any special ordinances governing use and occupancy at the JILONA are reflected by rules and regulations enforceable by sworn officers of the Tequesta Police Department. Furthermore, the BLM shall ensure the site has appropriate signage for the enforcement of such rules and regulations to aid officers in their duties. vI. SCOPE AND CONDITIONS A. Neither party shall be liable to the other nor to its agents or employees for any loss, damage, personal injury, or death occurring In consequence of the performance of this MOU, except as provided herein. B. No member of, or delegate to Congress, or State official, shall be admitted to any share or part of this MOU, or any benefit that may arise there from. C. Any law enforcement officer of Tequesta Police Department who renders aid outside the municipal jurisdiction of the Village of Tequesta but inside the MONA pursuant to the written agreement entered under this part has the same powers, duties, rights, privileges, and immunities as if the law enforcement officer was performing duties inside the municipal jurisdiction of the Village of Tequesta. D. BLM LEOs shall remain under the supervision and responsibility of the BLM. The BLM LEos shall not be considered as coming within the scope of the Tequesta Police Department's employment and none of the benefits of the Tequesta Police Department shall be conferred under this MOU. E. During the performance of this MOU, the participants agree to abide by the terms of Executive order 11246 on nondiscrimination and not to discriminate against any person because of race, color, religion, sex, age, disability, or national origin. The participants shall tape affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, age, disability, or national origin. F. Each party shall furnish written information necessary for mutual enforcement operations. G. Any issues which cannot be reconciled between the Village of Tequesta and the BLM or any issue that affects either party's performance under this MOU shall be referred to the SAC. The SAC shall be responsible for coordinating with the appropriate officials to mutually resolve any issue. 4 Page 176 of 191 Agenda Item #13. H. Nothing in this MOU shall be construed as affecting the authorities of either party or as binding beyond their respective authorities. I. Nothing in this MOU shall obligate the BLM to expend appropriation or to enter into any contract or other obligation. Specific work projects or activities that involve the transfer of funds, service, or property between the parties to this MOU require the execution of separate agreements or contracts, contingent upon the availability of funds as appropriated by Congress. Each subsequent agreement or arrangement involving the transfer of funds, service, or property shall be made in writing and shall be independently authorized by appropriate statutory authority and regulations, including those applicable to procurement activities. J. Subject to availability of funds, each party agrees to fund their own expenses associated with the implementation of this MOU. Nothing contained herein shall be construed as obligating the BLM to any expenditure or obligation of finds in excess or in advance of appropriations, in accordance with the Anti -Deficiency Act, 31 U.S.C. § 1341. K. Any records or documents generated as a result of this MOU shall be part of the official BLM record maintained in accordance with applicable BLM Records Management policies. Any request for release of records associated with the implementation of this MOU to anyone outside the parties must be determined based on applicable laws, including the Freedom of Information Act and the Privacy Act. L. This MOU shall be effective from the date of execution and shall remain in effect for five years, unless terminated with a do --day written notice from either party to the other party. This MOU may be modified or amended upon written request of either party and written concurrence of the other party. Page 177 of 191 Agenda Item #13. VI. APPROVED Abby Brennan Village of Tequesta Mayor Date 0 Gary Torres Bureau of Land Management State Director Date Gary Mannino Bureau of Land Management Region 4 Special Agent -in --Charge Date Page 178 of 191