70-52100-26-EM067_LUA MORIARTY EDGEWOOD SCHOOL DISTRICT PACKET 6.29.pdf.PDF

EMERGENCY FACILITIES & LAND USE AGREEMENT rev. 03/2025 INCIDENT AGENCY (name, address, phone number)

EMNRD – FORESTRY DIVISION

N6S BERNALILLO DISTRICT

5105 SANTA FE HILLS BLVD

RIO RANCHO, NM 87144

AGREEMENT NUMBER MUST APPEAR ON ALL PAPERS

RELATING TO THIS AGREEMENT

AGREEMENT NUMBER: NM-N6S-000349-001

EFFECTIVE DATES

a. beginning: 06/24/2026 b. ending: 06/30/2026

OWNER (name, address, phone number-include day/night/cell)

MORIARTY EDGEWOOD SCHOOL DISTRICT (SUPP ID 000054480)

PO BOX 2000

200 CENTER AVE

MORIARTY, NM 87035

POINT OF CONTACT (if applicable): TODD BIBIANO EMAIL: todd.bibiano@mesd.us PAYMENT ADDRESS: X Same as above, or

UEI:

REGISTERED IN SAM.GOV: Yes or No, Vendor Code Information Worksheet attached EIN/SSN (only if not in SAM):

County: State: Township: Range: Section:

INCIDENT NAME: __CANYON VENADO__________ __

INCIDENT NUMBER: _26-61870950X_____________

RESOURCE ORDER NUMBER: S-24_______________

MODIFICATION No/DATE: ___________________

MODIFICATION CO Initials: __________________

TYPE OF CONTRACTOR ("X" APPROPRIATE BOXES):

SMALL BUSINESS LARGE BUSINESS SMALL DISADVANTAGED OWNED WOMEN OWNED HUBZONE

SERVICE DISABLED VETERAN X PUBLIC ENTITY GOVERNMENT OTHER

The owner of the property described herein, or the duly appointed representative of the owner, agrees to furnish the land/facilities for use as a base camp. The Moriarty Edgewood School District facilities @ 200 Center Hight School will be used as a base camp to aid in fire suppression on the Canyon Venado fire.

DESCRIPTION OF LAND/FACILITIES: Incident personnel are to use Moriarty Edgewood School District High School facilities, which is operated under the direction of the Superintendent Todd Bibiano, as a base camp for Canyon Venado. The land is located at 200 Center Ave, Moriarty, NM 87035, Lat: 34 degrees 54 minutes 31 seconds N, 106 degrees 2 minutes 37 seconds W.

The Moriarty Edgewood School District provides the following:

1. Use of the auxiliary gymnasium, four bathrooms, two locker rooms with 8 showers each, the football field as a place for fire fighters to rest over night (RON) in tents, all utilities associated with the use of water, gas, electricity, toilet paper and paper towels and access to janitorial supplies for forestry staff to clean bathrooms and sweep gymnasium as needed.

85-6002414

RATE: For each day that the land/facilities are used, the Government will pay the rate of as indicated below. Ordinary wear and tear is included in the rate. The minimum amount guaranteed to be paid under this agreement shall be $1,600.00 per day, regardless of the length of use. The maximum amount to be paid under this agreement shall not exceed $11,200.00. Payment shall be in accordance with the incident Agency payment procedures.

Rate breakout: $1600.00 per day _______________________________________________________________________________________

Note: All restoration details are outlined on page 2 of this agreement.

UTILITIES AND SERVICES:

The above rate includes utility charges for the following: DIESEL X GAS X ELECTRICITY X WATER X TOILET SUPPLIES X JANITORIAL SERVICES & SUPPLIES X TRASH REMOVAL SEPTIC SERVICE EXISTING

TELECOMMUNICATIONS

The above rate excludes utility charges. The Government will pay to the owner the sum determined due by the Contracting Officer based on: .

Agreement No: NM-N6S-000349-001

RESTORATION: Restoration beyond ordinary wear and tear.

X The above sum includes Government restoration of land/facilities. Restoration shall be performed to the extent reasonably practical. Restoration work includes: N/A.

X No restoration costs have been pre-negotiated for this agreement. Restoration above ordinary wear and tear and associated with the performance of the agreement will be assessed upon completion of the agreement. Request for restoration shall be submitted in writing to the contracting officer.

ALTERATIONS: The Government may make alterations, attach fixtures or signs, erect temporary structures in or upon the land/facilities, install temporary culverts, trenching for utilities, which shall be the property of the Government. Alterations will be removed by the Government after the termination of the emergency use, unless otherwise agreed.

ORAL STATEMENTS: Oral statements or commitments supplementary or contrary to any provisions of this Agreement shall not be considered as modifying or affecting the provisions of this Agreement.

ORDINARY WEAR AND TEAR: Ordinary wear and tear is based on the customary use of the land/facilities, and not the use resulting from the incident.

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.

OTHER: Describe in detail: .

TERMS AND CONDITIONS: See attachment.

INSURANCE/ INDEMINIFCATION: The United States Federal Government is self-insured and does not have the authority to indemnify and hold harmless the Owner, from any and all claims, liabilities, losses, damages, charges, etc. The Owner does not have the authority to indemnify and hold harmless the United States Federal Government from any and all claims, liabilities, losses, damages, charges etc. The Owner will be responsible for errors, omissions and negligence of its employees. The United States Federal Government will be responsible for errors, omissions and negligence of its employees to the extent provided by Congress under the Federal Tort Claims Act [28 U.S.C. 1346(b), 2401(b), 2671-2680, as amended by P.L. 89-506, 80-Stat.

306].

CHECKLIST(s): See attachment. Fill in the following drawing showing the land/facilities under agreement. Include buildings, roads, paved areas, utility lines, fences, ditches, landscaping and any other physical features which help describe the area.

FEDERAL ACQUISITION REGULATION CLAUSES:

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/ FAR 52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (JAN 2025)(DEVIATION FEB 2025) FAR 52.222-3 Convict Labor (June 2003) FAR 52.232-1 Payments (APR 1984) FAR 52.232-11 Extras (APR 1984) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-25 Prompt Payment (JAN 2017) FAR 52-233-1 Disputes (MAY 2014) ALT I (DEC 1991) FAR 52.243-1 Changes—Fixed Price (AUG 1987)ALT I(APR 1984) Loss, Damage or Destruction: The Government will assume liability for the loss, damage, or destruction of facilities furnished under this Agreement, provided that no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and tear or (2) the fault or negligence of the owner or the owner’s agent(s).

OWNER / OWNER’S AGENT SIGNATURE:

DATE:

06/29/2026

CONTRACTING OFFICER'S SIGNATURE:

06/29/2026

PRINT NAME AND TITLE:

PHONE NUMBER: 505-934-5374

EMAIL: todd.bibiano@mesd.us

PRINT NAME AND TITLE:

Susan K Hobrock, Fire Business Data Analyst

PHONE NUMBER: 575-447-0708

EMAIL: susan.hobrock@emnrd.nm.gov http://www.acquisition.gov/

Agreement No: NM-N6S-000349-001

ATTACHMENT 1

PRE-USE INSPECTION: Description or photos/ condition immediately prior the Government’s occupancy. Refer to attached checklist.

__see attached photos. ____________________________________________________

6/29/2026

GOVERNMENT AGENT/ EMPLOYEE’S

SIGNATURE:

6/29/2026

PRINT NAME AND TITLE: Superintendent Todd Bibiano PRINT NAME AND TITLE:

Susan Hobrock, Fire Business Data Analyst

POST-USE INSPECTION: Description of photos/ condition immediately following the Government’s occupancy.

NO DAMAGE NO CLAIMS

Requested Amount Due for Damage $________ Invoice Amount $________ TOTAL AMOUNT DUE to Vendor $_________

RELEASE OF CLAIMS STATEMENT: Contract release for and in consideration of receipt of payment in the amount shown in ‘total amount due’. Contractor hereby releases the Government from any and all claims arising under this agreement except as reserved in remarks.

REMARKS:

GOVERNMENT AGENT/ EMPLOYEE’S

SIGNATURE:

PRINT NAME AND TITLE: PRINT NAME AND TITLE:

�-../012 %��� �3 4� ���� �+ �� 4� $��+�+)*�) �"��%������ ��4� � #2.0/5655-�7897:;<9=>7?�?@7?7@�A;7BCD=7 E?F=CF �7:F9?G7�7897:;7@ �7:G?DH;DFI <77@7@�A;7BCD=7 �7JDK7?CF CFE?F= CD=7LM7IGNO� �C��CL �7J7A:7@�A;7 �7J7A:7@CF CD=7�CL%$�& ���&��������� � %PQQ562R �"��$������� �"#���%�S���%�$������ ����%�T������� T� �U������� �$(��������%T"�������%�,�*�� %� ���&���������� ��� � � �"� � �����������S���" ���V�&�� � markm New Stamp 26