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HomeMy WebLinkAboutResolution - 2004-R0381 - Lease Agreement With Federal Aviation Administration For Office Space - 08_16_2004 (3)Resolution No. 2004-R 0381 August 16, 2004 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the Federal Aviation Administration for office space in the Executive Terminal Building at Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of August / , 2004. GAL, MAYOR ATTEST: a;Z_oe kle�� T--St� — Reb cca Garza, City Secretary AS TO CONTENT: W. Loomis, Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Lc: LATTY/Linda/RESOLUTIONS/Res-FAA-office July 30, 2004 Resolution No. 2004-RO381 August 16, 2004 Item No. 26 FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE NUMBER DTFASW-05-L-00067 Date of Lease: October 1, 2004 1. THIS LEASE, entered into by and between City of Lubbock, Texas whose address is Lubbock International Airport, 5401 N. Martin Luther King Blvd, Lubbock Texas 79401 and whose interest in the property hereinafter described is that of owner, hereby referred to as LESSOR, and the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION - The LESSOR hereby leases to the GOVERNMENT the following described premises: Approximately 192 net usable square feet of office space in the Executive Terminal building located on the east side of the Lubbock International Airport, Lubbock, Texas. The space is further described by drawing designated Exhibit "A" attached hereto and by this reference made a part of this lease. 3. TERM - To have and to hold, for the tern commencing on October 1, 2004, and continuing through September 30, 2009 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. This lease succeeds lease number DTFA07-00-L-01 28 1, which expires on September 30, 2004. 4. CANCELLATION — The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a terrnination is in the best interest of the Government by giving at least 30 days notice in writing to the LESSOR Termination notice shall be delivered by registered mail, return receipt requested and mailed at least 30 days before the effective termination date. 5. RENTAL — Rent in the amount of S 112.00 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of invoices or vouchers, subject to available appropriations. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated. 6. SERVICES AND UTILITIES — To be provided by LESSOR as part of rent. Services shall be Building Standard, unless level of service is prescribed elsewhere in the lease. a. Services, utilities, and maintenance will be provided and services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT shall have access to the leased premises at all times, including the use of electrical services without additional payment. ® ELECTRICITY ❑ WATER (hot & cold) ❑ SNOW REMOVAL ® TRASH REMOVAL - Daily ❑ CHILLED DRINKING WATER ® HVAC — 70-72 DEG. F ® DAILY TOILET SUPPLIES & CLEANING ® DAILY JANITORIAL SERV. & SUPPLIES Daily dusting. ® GROUND MAINTENANCE ® WINDOW WASHING — Frequency washed as needed. ® CARPET CLEANING — Frequency as needed. ❑ INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS 13 EXTERIOR & INTERIOR DOOR LOCKS AND HARDWARE — Designed to accept 7-pin removable cores manufactured "Best Lock", which will be supplied by the Government. I] CARPET REPLACEMENT— Includes moving and return of furniture when replacing carpeting every 8 years or when the following happens: 1) Backing or underlayment is exposed. 2) There are noticeable variations in surface color or texture. Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock International Airport Lubbock, Texas NOTICES — All notices/correspondence shall be in writing, and shall be addressed as follows: TO LESSOR: Airport Manager Lubbock International Airport Route 3, Box 389 Lubbock, TX 79401 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193 GENERAL CLAUSES: a. DAMAGE BY FIRE OR OTHER CASUALTY - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the LESSOR and no further rental will be due. b. MAINTENANCE OF THE PREMISES - The LESSOR shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the LESSOR under this lease, in good repair and tenantable condition. C. FAILURE IN PERFORMANCE - In the event the LESSOR fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this lease. d. ACCESSIBILITY - The Building and the leased premises shall be accessible to the handicapped in accordance with FED-STD- 795, the Uniform Federal Accessibility Standards (41 CFR 101-19.6, App. A) and all applicable state and local accessibility laws and regulations e. CONTRACT DISPUTES - All contract disputes arising under or related to this contract shall be resolved under this clause, and through the FAA Office of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The Real Estate Contracting Officer, upon request, will provide information relating to submitting a dispute. (Promulgated by ASW, 3104) f. LESSOR'S SUCCESSORS - The terms and provisions of this lease and the conditions herein bind the LESSOR and the LESSOR's heirs, executors, administrators, successors, and assigns. g. NO WAIVER - No failure by the GOVERNMENT to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. h. GENERAL HEALTH AND SAFETY STANDARDS — Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes shall be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance or testing done in the leased premises and areas connected to or integrated with the leased premises. Whenever FAA Standards require work processes or precautions to be provided, the Lessor shall coordinate with the FAA during the work so that proper requirements are met. i. FIRE AND SAFETY REOUfREMENTS - All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing of this contract. At any point when construction takes place, systems should be brought into compliance according to the current edition of NFPA. The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department (NFPA No. 72) or central station (NFPA No. 71). The notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased premises (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock International Airport Lubbock, Texas A manual fire alarm system shall be provided, maintained, and tested by the LESSOR in accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations. Fire -safety, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the RECO, if certified by a Licensed Fire Protection Engineer. Portable fire extinguishers shall be provided, inspected, and maintained by the LESSOR in accordance with NFPA Standard No.10. J. INDOOR AIR OUALITY -The LESSOR shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO-9 parts per million (PPM) time weighted average (TWA - 8-hour sample); CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased premises will be kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture/standing water will be controlled to prevent the growth of these. During working hours, ventilation shall be provided in accordance with the latest edition of ANSVASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The FAA HVAC Checklist shall be reviewed with the Preconstruction checklist at the preconstruction meeting. The LESSOR shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided for all cleaning solutions used in the FAA spaces. k. OSHA REOUIREMENTS - The LESSOR shall provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). 1. RADON - Radon levels in leased premises to the FAA shall not equal or exceed the EPA action level for homes of four (4 ) picocuries per liter (PCl/L). If radon levels are found to be at or above 4 PCIIL, the LESSOR shall develop and promptly implement a plan of corrective action. In. WARRANTY OF SPACE — (a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the LESSOR warrants that all leased premises to the Government under this contract, spaces above suspended ceilings in the leased premises, air plenums elsewhere in the building which service the leased premises, engineering spaces in the same ventilation zone as the leased premises, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The RECO shall notify the LESSOR in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. With any construction work, LESSOR would be required to comply with the OSHA regulations for Asbestos and relevant FAA orders. (b) The leased premises shall be free of all asbestos -containing material, PCBs, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased premises the Government reserves the right to require the LESSOR, at no cost to the GOVERNMENT, to take whatever corrective action as might be required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a qualified inspector including a visual examination and bulk sampling. Ali ACM survey reports are to be made available to the RECO. (c) If the LESSOR fails, after receipt of notice, to make correction within the specified period of time, the Government she have the right to make correction and charge to the LESSOR the costs occasioned to the FAA or terminate the lease agreement at no cost to the Government. (d) The rights and remedies of the FAA in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions. (1) "Acceptance", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock International Airport Lubbock, Texas (2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the leased premises to the Government, spaces above suspended ceilings in the leased premises, air plenums elsewhere in the building which service the leased premises, public spaces, engineering spaces in the same ventilation zone as the leased premises and common use space (e.g., lobbies, hallways). Following such abatement actions, the LESSOR shall adhere to the FAA's required post - asbestos -abatement air monitoring program (ii) With regard to non -friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. n. NON -RESTORATION - The FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the FAA during its tenure. Notice of abandonment will be conveyed to the LESSOR in writing. o. FACILITY SECURITY - Security requirements for Government occupied space must meet minimum security accreditation standards for the type of facility covered under by this lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The security requirements identified below are tailored specifically for the type of facility covered by this solicitation. The LESSOR shall provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this lease agreement: A final security assessment of the building shall be conducted to determine any additional security upgrades required to meet accreditation. The LESSOR shall provide maintenance services to the security upgrades installed within the leased premises and covered under this lease. PERSONNEL SECURITY - Suitability Requirements for Individuals) Employed or Hired by the LESSOR (1) The LESSOR shall provide a level of security, which reasonably deters unauthorized access, loitering, or disruptive acts to the premises leased by the government at all times. (2) When the LESSOR provides services under the terms of this Lease, (e.g., janitorial, construction, maintenance, property management, or alterations/repair services), the Government may conduct background investigations of individual(s) employed or to be hired by the LESSOR to perform such services. (3) Individual(s) will not be permitted unescorted access to provide services in or upon the Leased premises until the FAA Servicing Security Element (SSE) has received the documentation outlined in subparagraph (d), (i), (ii), and (iii), below and provided written authorization for the individual(s) to begin work (4) No later than ten (10) calendar days after the effective date of this Lease, (or the effective date of Supplemental Lease Agreement [SLA] or modification if this provision is included by SLA or modification to an existing lease), the LESSOR shall submit the following documentation for all individual(s) employed or hired by the LESSOR for whom unescorted access to the premises is required. Such documentation shall be submitted to the Government representative as designated by the RECO (RECO), or designee, for an access suitability determination. (a) A completed FBI Fingerprint Card, FD-258 (single sheet). The Government will provide information pertaining to the location of fingerprint facilities. Each fingerprint card shall be printed in black ink or typewritten with all questions completed and is to be signed and dated by the applicant. The LESSOR will be responsible for all expenses associated with fingerprinting; (b) A completed Identification Card/Credential Application, DOT Form 1681, with appropriate pictures of applicant; and, (c) A Questionnaire for Public Trust Positions, Standard Form 85P, shall be completed and signed by the applicant in accordance with applicable instructions. (5) The Government shall notify the LESSOR when individual(s) employed or hired by the LESSOR have been approved for unescorted access to the Leased premises. (6) The LESSOR and all individuals employed or hired by the LESSOR shall display a Government issued identification badge when visiting or providing services in or upon the Leased premises and shall abide by all facility security measures as required by the Government (7) The LESSOR shall submit the documentation required in subparagraph (d), (i), (ii), and (iii) of this Clause for any new individual(s) employed or hired by the LESSOR to perform services under this Lease. Such information shall be submitted to the Government within ten (10) calendar days of employment and/or hiring by the LESSOR- (8) The LESSOR will immediately remove from the Leased premises any individual(s) employed or hired by the LESSOR to perform services under this Lease when the government has determined such individuals to be unsuitable for continued access to the Leased premises. Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock International Airport Lubbock, Texas (9) Exemptions from Suitability Requirements (a) Certain positions may be determined by the Government to be exempt from background investigative requirements. However, individual(s) employed or hired for such positions shall be escorted at all times while in or upon the Leased premises by FAA personnel located on -site or by an individual(s) employed or hired by the LESSOR, who has been properly investigated, favorable adjudicated, and authorized to provide escort services. (b) When the Government determines any positions(s) to be exempt from investigative requirements, individuals employed in such positions are not required to complete the documentation as specified in subparagraph (d), (i), (ii), and (iii) of this Clause. Reporting Requirements (1) The LESSOR shall submit an initial report (to coincide with the effective date of this Lease) and subsequent quarterly reports (throughout the term of this Lease), providing the following information to the RECO, on or before the fifth day following each reporting period: A complete listing by full name, in alphabetical order; with the date of birth, place of birth (city, state, country), and position title of all individuals employed or hued by the LESSOR who will have or may require access to the Leased premises during the reporting period. (2) The LESSOR shall notify the Government within one (1) day upon termination of any individual(s) employed or hired by the LESSOR to perform services under this Lease. Foreign Nationals Employed or Hired by the LESSOR (1) Each individual(s) employed or hired by the LESSOR to perform services under this Lease is to be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the United States Immigration and Naturalization Service that employment will not affect his/her immigration status. (2) Aliens and foreign nationals employed or hired by the LESSOR to perform services under this Lease must have resided within the United States for three (3) years of the last five (5) years unless a waiver of this requirement has been granted by the SSE in accordance with FAA regulations. Government -Issued Keys, Identification Badges, Access Control Cards and Vehicle Decals (1) It may become necessary for the Government to issue keys, identification (ID) cards, vehicle decals, and/or access control cards to the LESSOR or to individual(s) employed or hired by the LESSOR to perform services. Immediately upon completion or termination of the Lease, the LESSOR shall return all such Government -issued items to the issuing office with notification to the RECO, or designee. When individuals who have been issued such items are terminated or are no longer required to perform work, the Government -issued items shall be returned to the Government within three (3) workdays. Improper use, possession or alteration of FAA issued keys, ID cards, access control cards is a violation of security procedures and is prohibited. (2) In the event such keys, ID cards, vehicle decals or access control cards are not returned, the LESSOR understands and agrees that the Government may, in addition to any other withholding provision of the Lease, withhold fees to cover the cost of replacement for each key, ID card, vehicle decal and access control card not returned. If the keys, ID cards, vehicle decals, or access control cards are not returned within 30 days from the date the withholding action was initiated, the LESSOR will forfeit any amount so withheld. (3) Access to aircraft ramp/hangar areas is authorized only to those individuals displaying a flight line identification card and for vehicles, a current ramp permit issued in accordance with Federal Aviation Regulations. (4) The Government retains the right to inspect, inventory, or audit ID cards, keys, vehicle decals, and access control cards issued to the LESSOR or individual(s) employed or hired by the LESSOR to perform services in connection with the Lease at the convenience of the Government. Any items not accounted for to the satisfaction of the Government shall be assumed to be lost and the provisions of subparagraph (b) above shall apply. (5) Keys and access control cards shall be obtained from the RECO, or designee, who will require the LESSOR, or individual(s) employed or hired by the LESSOR to perform services, to sign a receipt for each key obtained. Lost keys, ID cards, vehicle decals, and access control cards shall immediately be reported concurrently to the RECO, or designee, and the (RECO, or designee, to insert name of SSE staff and facility management office) (6) Each individual(s) employed or hired by the LESSOR, during all times of on -site performance at the Government -leased facility, shall prominently display his/her current and valid identification card on the front portion of his/her body between the neck and waist. (a) Individual(s) employed or hired by the LESSOR to perform services under this Lease shall submit complete documentation required under 1, Suitability Requirements for Individual(s) Employed or Hired by the LESSOR, above, and be authorized by the SSE to begin work prior to obtaining any ID media or vehicle decals. Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock International Airport Lubbock,Texas (b) To obtain the ID card, each individual shall submit a DOT 1681 Form, signed by the individual and authorized by the RECO, or designee. The DOT 1681 shall be submitted at the same time the documentation outlined in 1, Suitability Requirements for Individuals) Employed or Hired by the LESSOR, above is submitted. The DOT 1681 shall contain, at a minimum, under the "Credential Justification" heading, the name of the LESSOR, the Lease number or the appropriate acquisition identification number, the expiration date of the Lease or the service (whichever is sooner), and the required signatures. This paperwork shall be submitted to [RECO, or designee, to insert the name and location of the SSE staff] by the LESSOR in a sealedenvelope either hand carried by the LESSOR or sent via U.S. mail to: [RECO or designee to insert mailing address]. The LESSOR will be notified when the DOT 1681 has been approved and is ready for processing by the [RECO, or designee, to insert name and location of the person who will process the document]. Arrangements for processing the identification cards, including photographs and lamination can be made by contacting [RECO, or designee, to insert point of contact with phone number]. (c) The LESSOR shall receive and sign for each ID card issued on the reverse of the DOT 1681. The Government, for accountability purposes, will track the DOT 1681. (7) The LESSOR is responsible for ensuring final out -processing is completed for all departing individuals employed or hired by the LESSOR. Final out -processing will be completed by close of business the final workday for all individual(s) employed or hired by the LESSOR or the next day under special conditions. Contractor employee clearance forms, (RECO, or designee, to insert name of local contractor employee clearance form), will be completed by the LESSOR for each individual(s) employed or hired by the LESSOR to perform services, and copies will be distributed to the RECO, or designee, and the SSE, (RECO, or designee, to insert SSE staff) upon completion of such forms. q. The followine clauses are Incorporated by reference: The full text of these clauses can be found via Internet at Space Lease Form 1. DEFAULT BY LESSOR (10/96) 2. COMPLIANCE WITH APPLICABLE LAWS (IOJ96) 3. OFFICIALS NOT TO BENEFIT (10/96) 4. COVENANT AGAINST CONTINGENT FEES (8/02) 5. ANTI -KICKBACK (10/96) 6. EXAMINATION OF RECORDS (10/96) 7. ELECTRONIC FUNDS TRANSFER (EFT) (11 /97) 8. ASSIGNMENT OF CLAIMS (10/96) 9. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) 10. INTEGRATED AGREEMENT (10/96) 11. EQUAL OPPORTUNITY (10/96) 12. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) 13. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) IN WITNESS WHEREOF, the parties hereto have signed their names: 9a. NAME AND TITLE OF LESSORIOWNER (Type or I 9b. SIGNA OF Print) MARC McDOUGAL, MAYOR Tax ID Number 1-75-6000590-6 /%/ 9c. DATE 8/16/04 THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT O,rjjff,LJNI1ED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER 10a. NAME OF REAL ESTATE CONTRACTING OFFICER (Type or Print) GLEN D. BATTS 1 Ob. SIGNATURE OF REAL ESTATE CONTRACTING OFFICER IOc. DATE L4 n Lease DTFASW-05-L-00067 FCWOS Space Lease Lubbock Intemational Airport Lubbock, Texas CORPORATE CERTIFICATE I, Rebecca Garza , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that , Marc McDougal who signed on behalf to said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 16th day of August , 2004. CORPORATE SEAL AS TO COT T: 4oe- s W. Loomis ctor of Aviation Signed by _ Reb cca Garza City Secretary APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Pratice 7 Resolution No. 2004-R0381 ,7 � k�tLrnE TtthINAL AIJ6. 1 6L FtWAS i it I 3 slDw&LV I I ' i 43 -t I I 36 4� V A ► z T � fop. — N NATIONAL WEATHER EXHIBIT�/�" SERVICE I N E XR AD f- f -r-r- Resolution 2004-RO381 U.S. GOVERNMENT LEASE FOR REAL PROPERTY LEASE N0. January 23, 2009 1 HSBP-1109-L-DA00130 THIS LEASE, made and entered into this date by and between Lubbock Preston Smith International Airport4 RECIEWED Whose address is 5401 N. Martin Luther King Blvd., Unit 389 Lubbock, Texas 79403 MAR 3 2009 and whose interest in the property hereinafter described is that of Owner/Lessor rcl-ry SEOREJARY i t l R K TEXAS hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agrees as follows: 1. The Lessor hereby leases to the Government the following described premises: Route 3, Box 389 Lubbock, Texas 79401 Approximately 648 square feet of office space in the south end of the Executive Terminal Building at the Lubbock Preston Smith International Airport. 1.1. To be used for a Department of Homeland Security/Customs and Border Protection/BORDER PATROL facilities office. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 2008 Through September 30, 2013, subject to hold -over, renewal, and termination rights as may be hereinafter set forth. 2.1. Hold -Over — Should the Government hold -over beyond the expiration of the primary term, or any extension thereof, such tenancy shall be from month -to -month on the same terms, covenants, and conditions of this Lease, provided adequate appropriations are provided by Congress for the payment of rentals. 3. The Government shall pay the Lessor annual rent of $12.00 at the rate of $1.00 per month in arrears. Rent for a lesser period shall be prorated. Rent shall be made payable to the Lessor as follows: Electronic Funds Transfer [Lessor to complete form SF3881] 4. The Government may terminate this Lease at any time by giving at least 120 days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. The Lessor shall furnish to the Government, as part of the rental consideration the following: 5.1. Facility Maintenance Services — Costs and/or expenses for property/building services, including, but not limited to, plumbing and electrical repairs, lighting [light tubes and ballast], sewer and water, common area expenses, grounds care expenses, parking lot, roof and general repairs (those repairs necessary to keep the property in good and serviceable operating condition). 6. DAMAGES FROM CAUSES - The Lessor and third parties may file claims against the Government for money damages, injury or loss of property, or personal injury or death under the Federal Tort Claims Act (FICA), 28 U.S.C. §§2671-2680. Under the FICA, the Government is liable for the negligent or wrongful acts or omissions of any employee of the Government while acting within the scope of his office or employment, under circumstances where the Government, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. It is understood that in the event Immigration and Customs Enforcement must pay for losses under this paragraph (e.g., claims less than $2,500 and not payable through the Judgment Fund), such payment will not entail expenditures that exceed appropriations available at the time of the losses. Nothing in this Lease shall be construed as implying that Congress will, at a later date, appropriate funds sufficient to meet deficiencies. Continued on Page 2 ANDARD FORM 2 rREV 61203) Previous edition is not usable Prescribed by GSA— FPR (41 CFR)1.16.601 7. OSHA REQUIREMENTS (SEP 2000) - The Lessor shall maintain buildings and space in a safe and healthful condition according to OSHA standards. 8. ACCESSIBILITY REQUIREMENTS - Accessibility to persons with disabilities shall be required throughout the common areas accessible to Government tenants in accordance with the Architectural Barriers Act Accessibility Standard. 9. SITE IMPROVEMENTS AND/OR EQUIPMENT -All improvements and/or equipment installed by the Government, or at the expense of the Government, will remain the property of the Government, and will be removed upon termination of this agreement without damage to Lessor's property. In the event of any damage to Lessor's property, such damage will be repaired by the Government at its expense, and the premises restored to its original condition and/or a condition that is equal to the original condition, should the original condition not be attainable due to outdated material and/or equipment standards and/or the availability of material and/or equipment like in kind to the original standards. 10. EQUIPMENT OPERATION -Government's equipment shall not interfere physically with Lessor's use and shall be operated in such a manner as not to interfere mechanically with the operation of any Lessor's equipment which Lessor has heretofore installed at this location. In the event that interference should result, Government shall take all necessary steps, without cost or expense to Lessor, to remove said interference or shut down communication equipment temporarily pending repair. 11. DETERRENCE TO UNAUTHORIZED ENTRY - The Lessor shall provide a level of security that reasonably prevents unauthorized entry to the space during non -duty hours and deter loitering and/or disruptive acts in and around the space leased. The Lessor shall ensure that security cameras and lighting are not obstructed where applicable. 12. Lessor warrants there are no outstanding obligation(s) or Lease rent(s) pending and/or payable to Lessor by the Government as of the commencement date of this Lease. 13. Wherever in this Lease Agreement it shall be required or permitted that notice of demand be given or served by either parry, such notice or demand shall be given or served in writing and sent by certified mail, to: LESSOR GOVERNMENT Lubbock Preston Smith International U. S. Department of Homeland Security Airport Customs and Border Protection 5401 N. Martin Luther King Blvd., Dallas Facility Center Unit 389 ATTN: Lease Administration Dept. Lubbock, Texas 79403 7701 N. Stemmons Freeway Dallas, Texas 75247-4232 Continued on Page 3 LESSOR SIGNATURE SIG ATURE NAME OF SIGNER NAME OF SIGNER UNITED STATES OF AMERICA SIGNATURE NAME OF SIGNER Jimmie S. Gunnels OFFICIAL TITLE OF SIGNER Contractinq Officer / / 2 STANDARD FORM 2 (REV 6/203) BACK 14. The following are attached and made a part hereof: 14.1. GSA Form 3517A [General Clauses]. 14.2. GSA Form 3518 [Representations and Certifications {to be completed by Lessor} ]. FORM 2 tREV shoal vrevaus eamon is not usame Prescribed by GSA— FPR (41 CFR)1-16.601 GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003) 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 the full text available, or the full text may be found as GSA Form 3517C at http://www.gsa.gov/leasingform. 6. The following clauses are incorporated by reference: GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over $100,000.) GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over $100,000.) FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION) FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005) (Applicable to leases over $25,000.) FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005) (Applicable to leases over $500,000.) FAR 52.219-16 LIQUIDATED DAMAGES —SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $500,000.) GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (JUN 2005) (Applicable to leases over $500,000 if solicitation requires submission of the subcontracting plan with initial offers.) GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (Applicable to leases over $500,000 if solicitation does not require submission of the subcontracting plan with initial offers.) INITIALS: -m� -- & LESSOR G RNMENT GSA FORM 3517A PAGE 1 (REV 11/05) FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002) (Applicable to leases over $10,000.) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (Applicable to leases over $10,000.) FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (Applicable to leases over $25,000.) FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over $10,000.) FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (Applicable to leases over $25,000.) FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) (Applicable to leases over $2,500.) GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION) FAR 52.233-1 DISPUTES (JUL 2002) FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applicable when cost or pricing data are required for work or services over $500,000.) FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applicable when the clause at FAR 52.215-10 is applicable.) The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. INITIALS: Y4 & Q& LESSOR GOV NMENT GSA FORM 3517A PAGE 2 (REV 11/05) NTATIONS AND CERTIFI i of Leasehold Interests in Solicitation Number I Dated Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. 52.219-1 - SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190. (2) The small business size standard is $19.0 Million in annual average gross revenue of the concern for the last 3 fiscal years. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to fumish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The Offeror represents as part of its offer that it [ ] is, [/is not a small business concern. (2) [Complete only if the Offeror represented itself as a small business concem in paragraph (b)(1) of this provision.] The Offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a women -owned small business concern. (4) [Complete only if the Offeror represented itself as a small business concem in paragraph (b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a veteran -owned small business concern. (5) [Complete only if the Offeror represented itself as a veteran -owned small business concem in paragraph (b)(4) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a service -disabled veteran -owned small business concern. (6) [Complete only if the Offeror represented itself as a small business concem in paragraph (b)(1) of this provision.] The Offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The Offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. INITIALS: I 8, U LESSOR GO E MENT GSA FORM 3518 PAGE 1 (REV 1/07) (c) Definitions. As used in this provision — "Service -disabled veteran -owned small business concern"— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision. "Veteran -owned small business concern" means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women -owned small business concern" means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set -aside contains restrictions on the source of the end items to be fumished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women -owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. 2. 52.204-5 -WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) (a) Definition. "Women -owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only if the Offeror is a women -owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The Offeror represents that it [ ] is a women -owned business concern. INITIALS: LESSUK 8, `Q� GOV MENT GSA FORM 3518 PAGE 2 (REV 1/07) No Text 3. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable to leases over $10,000.) The Offeror represents that — (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 4. 52.222-25 -AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases over $10,000 and which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror represents that — (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.) 5. 52.203-02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (Applicable to leases over $100,000 average net annual rental, including option periods.) (a) The Offeror certifies that— (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person in the Offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [Insert full name of person(s) in the Offerors organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the Offerors organization]; INITIALS: V r _ & QfJ-- LESSOR GO E NMENT GSA FORM 3518 PAGE 3 (REV 1/07) (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 6. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) (Applicable to leases over $100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989, — (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 7. 52.209-5 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001) (Applicable to leases over $100,000 average net annual rental, including option periods.) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals — (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and INITIALS: V8 LESSOR GONVINMENT GSA FORM 3518 PAGE 4 (REV 1/07) (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. 8. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All Offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN. INITIALS: Y & �0- LESSOR GO NMENT GSA FORM 3518 PAGE 5 (REV 1/07) 4; (d) Taxpayer Identification Number (TIN). [vj TIN: 75 - G 000570& [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal government; (e) Type of organization. [ ] Sole proprietorship; [WGovernment entity (Federal, State, or local); [ ] Partnership; [ ] Foreign government; [ ] Corporate entity (not tax-exempt); [ ] International organization per 26 CFR 1.6049- [ ] Corporate entity (tax-exempt); [ ] Other (f) Common Parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and 1� TIN of common parent: Name l_1 A o-F WnLoc k TIN 75- to 0005901n 9. 52.204-6 - Data Universal Numbering System (DUNS) Number (OCT 2003) (a) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the Offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern. (b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An Offeror may obtain a DUNS number— (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705- 5711 or via the Internet at hftp://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The Offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and zip code. (iv) Company mailing address, city, state and zip code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). INITIALS: V� LESSUK & GOV MENT GSA FORM 3518 PAGE 6 (REV 1/07) No Text 10. DUNS NUMBER (JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide its DUNS Number as part of this submission: DUNS # 05 - X el I - 39 93 11. CENTRAL CONTRACTOR REGISTRATION (JAN 2007) The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements. The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the Internet at http://www.ccr.gov. To remain active, the Offeror/Lessor is required to update or renew its registration annually. [t]/ Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) TELEPHONE NUMBER AUTHORIZED REPRESENTATIVE NAME 11,of Lubbock � �(p, 3�a� STREET Labboe,- ] T errw4I" / A;rpo . CITY, STATE, ZIP 510/ 'ri. -Ml-K 81W .) UAI:�" 4C7 La bboc k, T X fm Date Signature INITIALS: 8 W— LESSOR G NMENT GSA FORM 3518 PAGE 7 (REV 1/07) CCR/FedReg Detail Search Results Pagel of 4 CCR/FedReg Detail Search Results Not to be used as certifications and representations. See ORCA for official certification. Current Registration Status: Active in CCR; Registration valid until 06/03/2009. DUNS: 058213893 DUNS PLUS4: CAGE/NCAGE: 3RJL2 Legal Business Name: LUBBOCK, CITY OF Doing Business As (DBA): Division Name: Division Number: Company URL: http://ci.lubbock,tx.us Physical Street Address 1: 1625 13TH ST Physical Street Address 2: Physical City: LUBBOCK Physical State: TX Physical Foreign Province: Physical Zip/Postal Code: 79401-3830 Physical Country: USA Mailing Name: CITY OF LUBBOCK Mailing Street Address 1: P.O. BOX 2000 Mailing Street Address 2: Mailing City: LUBBOCK Mailing State: TX Mailing Foreign Province: Mailing Zip/Postal Code: 79457-0001 Mailing Country: USA Business Start Date: 01/01/1909 CORPORATE INFORMATION Type of Organization U.S. Government Entity Business Types/Grants 12 - U.S. Local Government C8 - City VW - Contracts and Grants https://www.bpn.gov/CCRSearch/detail.aspx 3/10/2009 CCR/FedReg Detail Search Results Page 2 of 4 DISASTER RESPONSE INFORMATION Bonding Levels Construction Bonding Level, Per Contract (dollars): Construction Bonding Level, Aggregate (dollars): Service Bonding Level, Per Contract (dollars): Service Bonding Level, Aggregate (dollars): Geographic Areas Served No geographic areas specified GOODS / SERVICES North American Industry Classification System (NAICS) 921110 - Executive Offices Standard Industrial Classification (SIC) 4911 - ELECTRIC SERVICES 4941 - WATER SUPPLY 4952 - SEWERAGE SYSTEMS 4953 - REFUSE SYSTEMS 8231 - LIBRARIES 9199 - GENERAL GOVERNMENT, NEC 9211 - COURTS 9221 - POLICE PROTECTION 9224 - FIRE PROTECTION 9431 - ADMIN. OF PUBLIC HEALTH PROGRAMS 9532 - URBAN AND COMMUNITY DEVELOPMENT Product Service Codes (PSC) Federal Supply Classification (FSC) SMALL BUSINESS TYPES SDB, 8A and HubZone certifications come from the Small Business Administration and are not editable by CCR vendors. Business Types Expiration Date North American Industry Classification System (NAICS) The small business size status is derived from the receipts, number of employees, assets, barrels of oil, and/or megawatt hours entered by the vendor during the registration https://www.bpn.gov/CCRSearch/detail.aspx 3/10/2009 CCR/FedReg Detail Search Results H Page 3 of 4 process. NAICS Code Description Small Business Emerging Small Business 921110 Executive Offices No No CCR POINTS OF CONTACT Government Business Primary POC Government Business Alternate POC Name: CITY OF LUBBOCK - Name: CITY OF LUBBOCK - PAMELA MOON BRACK BULLOCK Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: Zip/ Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-2148 Non-U.S. Phone: Fax:806-775-3273 Past Performance Primary POC Name: CITY OF LUBBOCK - PAMELA MOON Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: Zip/Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-2148 Non-U.S. Phone: Fax:806-775-3273 Electronic Business Primary POC Name: CITY OF LUBBOCK - ANDY BURCHAM Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: Zip/Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-2147 Non-U.S. Phone: Fax:806-775-3273 Past Performance Alternate POC Name: CITY OF LUBBOCK - BRACK BULLOCK Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: Zip/Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-2147 Non-U.S. Phone: Fax:806-775-3273 Electronic Business Alternate POC Name: CITY OF LUBBOCK - BRANDOM INMAN Address Line 1: 1625 13TH STREET Address Line 2: P.O. BOX 2000 City: LUBBOCK State: TX Foreign Province: https://www.bpn.gov/CCRSearch/detail.aspx 3/10/2009 No Text CCR/FedReg Detail Search Results Page 4 of 4 Zip/Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-2149 Non-U.S. Phone: Fax:806-775-2051 Zip/Postal 79457-0001 Code: Country: USA U.S. Phone: 806-775-3320 Non-U.S. Phone: Fax:806-775-2051 https://www.bpn.gov/CCRSearch/detail,aspx 3/10/2009 No Text U . S. CW540rn g #1. pVrmo. Resolution No. 2004—RO381 ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM OMB No. 1510-0056 This form is used for Automated Clearing House (ACH) payments with an addendum record that contains payment -related information processed through the Vendor Express Program, Recipients of these payments should bring this information to the attention of their financial institution when presenting this form for completion. See reverse for additional instructions. PRIVACY ACT STATEMENT The following information is provided to comply with the Privacy Act of 1974 (P.L. 93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210, This information will be used by the Treasury Department to transmit payment data, by electronic means to vendor's financial institution. Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System, AGENCY INFORMATION FEDERAL PROGRAM AGENCY ia. oIeJancL r'i AGENCY IDENTIFIER: AGENCY LOCATION CODE (ALC): ACH FORM T: CCD+ CTX ADDRESS: 7701 . 54-emmans Freea Da S -R 7 CONTACT PERSON NAME: TELEPHONE NUMBER: kkis .45- ADDITIONAL INFORMATION: Lease -no.' P- J 0 -L- 72A DO 3 0 PAYEE/COMPANY INFORMATION NAME SSN NO. OR TAXPAYER ID NO. — 7� — Q5 ) ADDRESS t� as 4k Lv.b c-k -r- 79 qQ r CONTACT PERSON NAME; <e ,be_ i TELEPHONE NUMBER: ( ) -313 FINANCIAL INSTITUTION INFORMATION NAME: We s Fa k- ADDRESS: D Q A+ 4p— S F a d 01 ACH COORDI R NAME: TELEPHONE NUMBER: cue oun , - U3 NINE -DIGIT ROUT]TRANSIT NUMBE 0 U O .2 1 L/ DEPOSITOR ACCOUNT TITLE: bhoe- k - DEPOSITOR ACCOUNT NU ER: LOCKBOX NUMBER: 41 00100 17 151 TYPE OF ACCOUNT: CHECKING SAVINGS LOCKBOX SIGNATURE AND TITLE UTHORIZED OFFICIAL: TELEPHONE NUMBER: (Couldbe the same A oordinator) lo7 - N13 AUTHORIZED FO O AL REPRODUCTIO 61- 3Sa 1 (Hev. 2120031 by Department of Treasury 31 U S C 3322; 31 CFR 210 No Text Resolution No. 2004-RO381 Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY Date of Lease: �, 7— oq 1. THIS LEASE (9/98), entered into by and between the CITY OF LUBBOCK whose address is Lubbock International Airport, 5401 N. Martin Luther King Blvd, Lubbock, Texas 79403 and whose interest in the property hereinafter described is that of OWNER, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION (10/96) - The LESSOR hereby leases to the GOVERNMENT the following described premises: Approximately 192 net usable square feet of office space in the Executive Terminal building located on the east side of the Lubbock International Airport, Lubbock, Texas. The space is further described by drawing designated Exhibit "A" attached hereto and by this reference made a part of this lease. 3. TERM (1 /01) - To have and to hold, for the term commencing on October 1, 2009 and continuing through September 30, 2014 inclusive, PROVIDED that adequate appropriations are available from year to year for the payment of rentals. This lease succeeds lease number DTFASW-05-L-00067, which expires on September 30, 2009. 4. CANCELLATION (8/02) -The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the GOVERNMENT, by giving at least 30 days notice in writing to the LESSOR. No rental will accrue after the effective date of termination. Said notice will be computed commencing with the day after the date of mailing. 5. RENTAL (10/96) - Rent in the amount of $1,752.00 per annum payable at the rate of $146.00 per month will be payable to the LESSOR in arrears and will be due on the first workday of each month, without the submission of invoices or vouchers. Subject to available appropriations. Rent will be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month will be prorated. 6. SERVICES AND UTILITIES (10/96) - (To be provided by LESSOR as part of rent. Services will be Building Standard, unless level of service is prescribed elsewhere in the lease.) Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas Services, utilities, and maintenance will be provided and services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT will have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, and GOVERNMENT office machines without additional payment. • ELECTRICITY • WATER (hot & cold) • SNOW REMOVAL • TRASH REMOVAL - Daily • CHILLED DRINKING WATER • HVAC 68 to 74 DEG. F • DAILY TOILET SUPPLIES & CLEANING • DAILY JANITORIAL SERV. & SUPPLIES Daily dusting. • GROUND MAINTENANCE • WINDOW WASHING Frequency washed twice yearly. • CARPET CLEANING Frequency daily vacuuming and shampooed twice yearly. • INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS • EXTERIOR & INTERIOR DOOR LOCKS AND HARDWARE designed to accept 7-pin removable cores manufactured "Best Lock", which will be supplied by the Government. • CARPET REPLACEMENT- Includes moving and return of furniture when replacing carpeting every 8 years or when the following happens: 1) Backing or underlayment is exposed. 2) There are noticeable variations in surface color or texture. 7. GENERAL CLAUSES - a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the LESSOR and no further rental will be due. b. MAINTENANCE OF THE PREMISES (10/96) -The LESSOR will maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the LESSOR under this lease, in good repair and tenantable condition. c. FAILURE IN PERFORMANCE (10/96) - In the event the LESSOR fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause will constitute default by the GOVERNMENT on this lease. 2 � � 4 Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas d. ACCESSIBILITY (10/06) - The Building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et.al and all applicable state and local accessibility laws and regulations. e. CONTRACT DISPUTES (11/03) — All contract disputes and arising under or related to this lease contract will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A LESSOR may seek review of a final FAA decision only after its administrative remedies have been exhausted. All Contract Disputes will be in writing and will be filed at the following address: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave, S.W. , Room 323, Washington, DC 20591 , Telephone: (202) 267-3290, Facsimile: (202) 267-3720 A contract dispute against the FAA will be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. f. PROTEST (11/03) — Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of lease contracts will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. Offerors initially will attempt to resolve any issues concerning potential protests with the RECO. Protests will be in writing and will be filed at: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, No Text Lease No. DTFAS W-09-L-00038 (LBB) FCWOS Lubbock, Texas 800 Independence Ave., S.W., Room 323, Washington, DC 20591 Telephone: (202) 267-3290; or Facsimile: (202) 267-3720 At the same time as filing the protest with the ODRA, the protestor will serve a copy of the protest on the RECO. A protest is considered to be filed on the date it is received by the ODRA and will be filed: (1) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or (2) If the protester has requested a post -award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. The full text of the Contract Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. g. LESSORS SUCCESSORS (10/96) -The terms and provisions of this lease and the conditions herein.bind the LESSOR and the LESSOR's heirs, executors, administrators, successors, and assigns. h. NO WAIVER (10/96) -No failure by the GOVERNMENT to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future. i. The following clauses are incorporated by reference: Upon request the full text will be provided by the RECO. 1. DEFAULT BY LESSOR (10/96) 2. COMPLIANCE WITH APPLICABLE LAWS (10/96) 3. OFFICIALS NOT TO BENEFIT (10/96) 4. COVENANT AGAINST CONTINGENT FEES (8/02) 5. ANTI -KICKBACK (10/96) 6. EXAMINATION OF RECORDS (10/02) 7. ASSIGNMENT OF CLAIMS (10/96) 8. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (10/96) 9. INTEGRATED AGREEMENT (10/96) 10. EQUAL OPPORTUNITY (10/96) 11. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) 12. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) 13. SEISMIC SAFETY FOR EXISITING BULDINGS (1/07) 14. CCR (10/06) 15. EFT (10/06) 4 No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas 8. ATTACHMENTS (8/02) - See herein attached - Attachment A 9. NOTICES — All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: Airport Property Specialist Lubbock International Airport 5401 N. Martin Luther King Blvd., Unit 389 Lubbock, TX 79403 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate and Utilities Group, AS W-53 Fort Worth, TX 76193 IN WITNESS WHEREOF, the parties hereto have signed their names: 10a. NAME AND TITLE OF il Ob. SIGNATURE OF OWNER 1 Oc. DATE LESSOR/OWNER y City of Lubbock THIS DOCUMENT IS NOT BINDING ON TH + G RNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 11a. NAME OF REAL ESTATE I Ib. SIGNATURE OF REAL 11c. DATE CONTRACTING OFFICER ESTATE CONTRACTING ;OFFICER Jana C. Blanco �to � F (10/9( as to 11 5r �Lttorney No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas CORPORATE CERTIFICATE I, Re_be c.c-o Ga�--z , certify that I am the I Sf X e+cc ry of the Corporation named in the foregoing agreement, that V1 G"fbiQ, (L✓Ytl�� , who signed on behalf to said corporation, was thenyechery thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this end day of March ,40 N. 2009. CORPORATE SEAL Signed by as to to 6 t 9tty Attorney No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas Resolution No. 2004—RO381 ATTACHMENT A I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS Al -General Health and Safety Standards (8/02)Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes will be complied with when accomplishing any clearing, construction, renovation, remodeling, maintenance or testing done in the leased premises and areas connected to or integrated with the leased premises. Whenever FAA Standards require work processes or precautions to be provided, the LESSOR will coordinate with the FAA during the work so that proper requirements are met. II. SECTION B - SAFETY AND FIRE PREVENTION B1-Fire and Safety Requirements (8/02) All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing of this contract. At any point when construction takes place, systems will be brought into compliance according to the current edition of NFPA. The building will, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department (NFPA No. 72) or central station (NFPA No. 71). The notification of the fire department or central station will be accomplished through the building fire alarm system. Regardless of code requirements when the leased premises (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. A manual fire alarm system will be provided, maintained, and tested by the LESSOR in accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, will be maintained in accordance with the manufacturer's recommendations. Fire -safety, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the RECO, if certified by a Licensed Fire Protection Engineer. Portable fire extinguishers will be provided, inspected, and maintained by the LESSOR in accordance with NFPA Standard No.10. 132-Halon (8/02) Wherever Halon is used in a facility as a fire extinguishing system; the LESSOR will comply with all NFPA standards regarding use of and safety requirements for the use of halon. 133-Indoor Air Quality (8/02) The LESSOR will control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas are as follows: CO-9 parts per million (PPM) time weighted average (TWA - 8-hour sample); CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased premises will be kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture/standing water will be controlled to prevent the growth of these. During working hours, ventilation will be provided in accordance with the latest edition of ANSI/ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The FAA HVAC Checklist will be reviewed with the-Preconstruction checklist at the preconstruction meeting. The LESSOR will promptly investigate indoor air quality (IAQ) complaints and will implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided for all cleaning solutions used in the FAA spaces. 134-OSHA Requirements (10/96) The LESSOR will provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). 135-Radon (10/96) Radon levels in leased premises to the FAA will not equal or exceed the EPA action level for homes of four (4 ) picocuries per liter (PCl/L). If radon levels are found to be at or above 4 PCl/L, the LESSOR will develop and promptly implement a plan of corrective action. 136-Refrigerants (8/02) The LESSOR will identify which refrigerants are used in the HVAC systems in the spaces covered by this lease. The lease will provide for use of refrigerants consistent with EPA and ASHRAE requirements. 137-WarrantyOf Space (8/02) (a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the LESSOR warrants that all leased premises to the Government under this contract, spaces above suspended ceilings in the leased premises, air plenums elsewhere in the building which service the leased premises, engineering spaces in the same ventilation zone as the leased premises, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The RECO will notify the LESSOR in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. With any construction work, LESSOR would be required to comply with the OSHA regulations for Asbestos and relevant FAA orders. No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas (b) The leased premises will be free of all asbestos -containing material, PCBs, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased premises the Government reserves the right to require the LESSOR, at no cost to the GOVERNMENT, to take whatever corrective action as might be required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a qualified inspector including a visual examination and bulk sampling. All ACM survey reports are to be made available to the RECO. (c) If the LESSOR fails, after receipt of notice, to make correction within the specified period of time, the Government will have the right to make correction and charge to the LESSOR the costs occasioned to the FAA or terminate the lease agreement at no cost to the Government. (d) The rights and remedies of the FAA in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions. (1) "Acceptance", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the leased premises to the Government, spaces above suspended ceilings in the leased premises, air plenums elsewhere in the building which service the leased premises, public spaces, engineering spaces in the same ventilation zone as the leased premises and common use space (e.g., lobbies, hallways). Following such abatement actions, the LESSOR will adhere to the FAA's required post -asbestos -abatement air monitoring program. (ii) With regard to non -friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time.the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. IV. SECTION C MISCELLANEOUS C 1-Non-Restoration (10/96) The FAA will have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the FAA during its tenure. Notice of abandonment will be conveyed to the LESSOR in writing. C2-Occupancy Permit (8/02) The premises offered will have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the Offeror will complete and provide a certified copy of E No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas "FAA Safety & Environmental Checklist" form, in lieu of an occupancy permit, at the contracting officers' discretion. The leased premises, all accesses to the leased premises, building operations, equipment, services, or utilities furnished by the LESSOR, and activities of other occupants, will be free of safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected at the LESSOR's expense. V. SECTION D SECURITY REQUIREMENTS D1-Facility Security D 1 a - Security requirements for Government occupied space must meet minimum security accreditation standards for the type of facility covered under by this lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The security requirements identified below are tailored specifically for the type of facility covered by this solicitation. The LESSOR will provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this lease agreement: (List security requirements) Contact your local Servicing Security Element (SSE) or if located in HQ, contact ASI. The local SSE will determine any additional security upgrades that are required to meet accreditation and will conduct a final security assessment of the building. The Lessor will provide maintenance services to the security upgrades installed within the leased premises and covered under this lease. Dlb - Government -Issued Keys, Identification Badges, Access Control Cards and Vehicle Decals (1) It may become necessary for the Government to issue keys, identification (ID) cards, vehicle decals, and/or access control cards to the Lessor or to individual(s) employed or hired by the Lessor to perform services. Immediately upon completion or termination of the lease, the Lessor will return all such Government -issued items to the issuing office with notification to the RECO, or designee. When individuals who have been issued such items are terminated or are no longer required to perform work, the Government -issued items will be returned to the Government within three (3) workdays. Improper use, possession or alteration of FAA issued keys, ID cards, access control cards is a violation of security procedures and is prohibited. (2) In the event such keys, ID cards, vehicle decals or access control cards are not returned, the Lessor understands and agrees that the Government may, in addition to any other withholding provision of the lease, withhold fees to cover the cost of replacement for each key, ID card, vehicle decal and access control card not returned. If the keys, ID cards, vehicle decals, or access control cards are not returned within 30 days from the date the withholding action was initiated, the Lessor will forfeit any amount so withheld. (3) Access to aircraft ramp/hangar areas is authorized only to those individuals displaying a flight line identification card and for vehicles, a current ramp permit issued in accordance with 49 CFR 1542. 10 No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas (4) The Government retains the right to inspect, inventory, or audit ID cards, keys, vehicle decals, and access control cards issued to the Lessor or individual(s) employed or hired by the Lessor to perform services in connection with the lease at the convenience of the Government. Any items not accounted for to the satisfaction of the Government will be assumed to be lost and the provisions of subparagraph (3) above will apply. (5) Keys and access control cards will be obtained from the RECO, or designee, who will require the Lessor, or individual(s) employed or hired by the Lessor to perform services, to sign a receipt for each key obtained. Lost keys, ID cards, vehicle decals, and access control cards will immediately be reported concurrently to the RECO, or designee, and the (RECO, or designee, to insert name of SSE staff and facility management office) (6) Each individual(s) employed or hired by the Lessor, during all times of on -site performance at the Government -leased facility, will prominently display his/her current and valid identification card on the front portion of his/her body between the neck and waist. (a) Individual(s) employed or hired'by the Lessor to perform services under this lease will submit complete documentation required under E2a, Suitability Requirements for Individual(s) Employed or Hired by the Lessor, below, and be authorized by the SSE to begin work prior to obtaining any ID media or vehicle decals. (b) To obtain the ID card, each individual will submit a DOT 1681 Form, signed by the individual and authorized by the RECO, or designee. The DOT 1681 will be submitted at the same time the documentation outlined in E2a, Suitability Requirements for Individual(s) Employed or Hired by the Lessor, below is submitted. The DOT 1681 will contain, at a minimum, under the "Credential Justification" heading, the name of the Lessor, the lease number or the appropriate acquisition identification number, the expiration date of the lease or the service (whichever is sooner), and the required signatures. This paperwork will be submitted to [RECO, or designee, to insert the name and location of the SSE staff] by the Lessor in a sealed envelope either hand carried by the Lessor or sent via U.S. mail to: [RECO or designee to insert mailing address]. The Lessor will be notified when the DOT 1681 has been approved and is ready for processing by the [RECO, or designee, to insert name and location of the person who will process the document]. Arrangements for processing the identification cards, including photographs and lamination can be made by contacting [RECO, or designee, to insert point of contact with phone number]. (c) The Lessor will receive and sign for each ID card issued on the reverse of the DOT 1681. The Government, for accountability purposes, will track the DOT 1681. (7) The Lessor is responsible for ensuring final out -processing is completed for all departing individuals employed or hired by the Lessor. Final out -processing will be completed by close of business the final workday for all individual(s) employed or hired by the Lessor or the next day under special conditions. Contractor employee clearance forms, (RECO, or designee, to insert name of local contractor employee clearance form), will be completed by the Lessor for each individual(s) employed or hired by the Lessor to perform services, and copies will be distributed 11 No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas to the RECO', or designee, and the SSE, (RECO, or designee, to insert SSE staff) upon completion of such forms. D2-Personnel Security D2a - Suitability Requirements for Individual(s) Employed or Hired by the Lessor (1) The Lessor will provide a level of security, which reasonably deters unauthorized access, loitering, or disruptive acts to the premises leased by the government at all times. (2) When the Lessor provides services under the terms of this lease, (e.g., janitorial, construction, maintenance, property management, or alterations/repair services), the Government may conduct background investigations of individual(s) employed or to be hired by the Lessor to perform such services. (3) Individual(s) will not be permitted unescorted access to provide services in or upon the leased premises until the SSE has received the documentation outlined in subparagraph (4), (a), (b), and (c), below and provided written authorization for the individual(s) to begin work. (4) No later than ten (10) calendar days after the effective date of this lease, (or the effective date of Supplemental Lease Agreement [SLA] or modification if this provision is included by SLA or modification to an existing lease), the Lessor will submit the following documentation for all individual(s) employed or hired by the Lessor for whom unescorted access to facilities, systems, and information is required. Such documentation will be submitted to the Government representative as designated by the Real Estate Contracting Officer (RECO), or designee, for suitability determination. (a) A completed FBI Fingerprint Card, FD-258. The SSE will provide information pertaining to the location of fingerprint facilities. The fingerprint card will be printed in black ink or typewritten with all questions completed and is to be signed and dated by the applicant. The Lessor will be responsible for all expenses associated with fingerprinting; (b) A completed Identification Card/Credential Application, DOT Form 1681, with appropriate picture of applicant; and, (c) Questionnaire for Public Trust Positions, Standard Form 85P, will be completed and signed by the applicant in accordance with applicable instructions. (5) The Government will notify the Lessor when individual(s) employed or hired by the Lessor have been approved for unescorted access to the facilities, systems, or information. (6) The Lessor and all individuals employed or hired by the Lessor will display a Government issued identification badge when visiting or providing services in or upon the leased premises and will abide by all facility security measures as required by the Government. (7) The Lessor will submit the documentation required in subparagraph (4), (a), (b), and (c) of this Clause for any new individual(s) employed or hired by the Lessor to perform services under 12 No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas this lease. Such information will be submitted to the Government within ten (10) calendar days of employment and/or hiring by the Lessor. (8) The Lessor will immediately remove from the leased premises any individual(s) employed or hired by the Lessor to perform services under this lease when the Government has determined such individuals to be unsuitable for continued access to the leased premises. (9) Exemptions from Suitability Requirements (a) Certain positions may be determined by the Government to be exempt from background investigative requirements. However, individual(s) employed or hired for such positions will be escorted at all times while in or upon the leased premises by FAA personnel located on -site or by an individual(s) employed or hired by the Lessor, who has been properly investigated, favorable adjudicated, and authorized to provide escort services. (b) When the Government determines any positions(s) to be exempt from investigative requirements, individuals employed in such positions are not required to complete the documentation as specified in subparagraph (4), (a), (b), and (c) of this Clause. D2b - Reporting Requirements (1) The Lessor will submit an initial report (to coincide with the effective date of this lease) and subsequent quarterly reports (throughout the term of this lease), providing the following information to (RECO, or designee, to fill in as appropriate) with a copy to (RECO, or designee, to fill in as appropriate), on or before the fifth day following each reporting period: A complete listing by full name, in alphabetical order, with the date of birth, place of birth (city, state, country), and position title of all individuals employed or hired by the Lessor who will have or may require access to the leased premises during the reporting period. (2) The Lessor will notify the Government within one (1) day upon termination of any individual(s) employed or hired by the Lessor to perform services under this lease. D2c - Foreign Nationals Employed or Hired by the Lessor (1) Each individual(s) employed or hired by the Lessor to perform services under this lease will be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the United States Immigration and Naturalization Service that employment will not affect his/her immigration status. (2) Aliens and foreign nationals employed or hired by the Lessor to perform services under this lease must have resided within the United States for three (3) years of the last five (5) years unless a waiver of this requirement has been granted by the SSE in accordance with FAA regulations. 13 No Text Lease No. DTFASW-09-L-00038 (LBB) FCWOS Lubbock, Texas D3-Sensitive Unclassified Information Ma - The FAA will have the right to require special handling instructions for those Lessors requiring access to Sensitive Unclassified Information (SUI), For Official Use Only (FOUO), Sensitive Security Information (SSI), or designee assigned by the Federal Government to identify unclassified information that may be withheld from public release. Contact the local FAA Servicing Security Element (SSE) or in Headquarters, the Office of Security and Investigations, Internal Security Division, ASI-100 for the minimum standards to mark, store, control, transmit, and destroy sensitive information. D3b - Sensitive information will be restricted to specific Lessors who: (1) have a need to know to perform contract tasks; (2) who meet personnel suitability security requirements to access sensitive information; and (3) who successfully complete a non -disclosure agreement (NDA). D3c - The contractor will develop and implement procedures to ensure that sensitive information is handled in accordance with FAA requirements and at a minimum, will address: (1) steps to minimize risk of access by unauthorized persons during business and non -business hours to include storage capability; (2) procedures for safeguarding during electronic transmission (voice, data, fax) mailing or hand carrying; (3) procedures for protecting against co -mingling of information with general contractor data systems/files; (4) procedures for marking documents with both the protective marking and the distribution limitation statement as needed; (5) procedures for the reproduction of, (6) procedures for reporting unauthorized access; and (7) procedures for the destruction and/or sanitization of such material. 14 No Text 4i 1 T N ■ 35 36) NATIONAL WEATHER SERVICE NEXRAD 1 TIC Resolution No. 2004-R0381 E1�t11TNE TtthIN�L }YJ� FURS :,A r Z C vurlu" 1 0 4S .A, EXHIBITAy E---- 6 2 � ,-:a