HomeMy WebLinkAboutResolution - 2023-R0565 - Lease Agreement, USA, Relocation Customs And Border Protection Facility, LPSIA - 11/14/2023Resolution No. 2023-R0565
Item No. 7.17
November 14, �023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Lease Agreement by and between the City of
Lubbock and United States of America, acting by and through the U.S. Customs and Border
Protection (CBP), for certain real property located at Lubbock Preston Smith International
Airport (LPSIA), and related documents. Said Lease Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on November 14, 2023
TRAY PA - , YOR
ATTEST:
Courtney Paz, City S
I:�J;7:Z�lil�7i7:��TCii i • • ► o ►
elly Campbell, Executive Director of Aviation
APPROVED
First A3'�istant City Attorney
ccdocs IIIRES.Lease Agrmt-US Customs and Border Protection
October 25, 2023
Resolution No. 2023-RO565
LEASE NO. HSBP-7123-L-DA1448 Modified GSA FORM L201D OCT 2021 BP October 2021
This Lease is made and entered into between
Lubbock Preston Smith International Airport (Lessor), whose principal place of business is 6202 N 1-27, Suite 201, Lubbock, TX 79403, and whose
interest in the Property described herein is that of Fee Owner, and
The United States of America
(Government), acting by and through the designated representative of the U.S. Customs and Border Protection (CBP), upon the terms and conditions set
forth herein.
Witnesses: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at
Lubbock Preston Smith International Airport (Airport), 5401 Martin Luther King Blvd., Unit 389, Lubbock, TX 79403,
and more fully described in Section 1 and Exhibit A, together with rights to the use of parking and other areas as set forth herein, to be used for such
purposes as determined by CBP.
LEASE TERM
To Have and To Hold the said Premises with their appurtenances for the tern beginning on Nov 1. 2023, and continuing through October 31. 2024,
inclusive for a term of one-year. At the expiration of this term the Lease will automatically renew on a year-to-year basis upon the anniversary of the Lease
Term Commencement Date each year thereafter for 19 (nineteen) additional years, but not beyond October 31, 2043, unless or until the Government
gives at least 120 days' notice in writing of its intent not to renew to the Lessor.
The signatory to this Lease for the Lessor represents and warrants that he or she is a duly authorized representative of the Lessor, with full power and
authority to enter into this Lease and to bind the Lessor with regard to all matters relating to this agreement.
In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective
as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR:
Signatu
Name: let , CA ld� hbA
Title: 6ftat;t r tj v,;Af
Entity Name
Date: f I- I'rvkxb
WITNESSED FOR THE LESSOR BY:
t�n,*
F rr
s•i k 0►[ .._.
r. .•:
FOR THE GOVERNMENT:
Digitally signed by DENNIS H
DENNIS H HAESSIG HAESSIG
Date: 2023.11.1713:52:14 -06' 00'
Signature.
Name- Dennis H_ Haessig
Title Lease Contracting Officer
U.S Customs and Border Protection
Dale: 11 /17/2023
------------
*aY TIFFIN ss wAE SNI
:.; NOTARYPIiBIIC
*• ID1131320523
State of Texas
Comm. .10.%2025
LEASE NO. HSBP-7123-L-DA1448, PAGE 1 LESSOR: Vj GOVERNMENT: DHH Modified GSA FORM L201D 00121)
TABLE OF CONTENTS
ON -AIRPORT LEASE
SECTION 1 THE PREMISES. RENT. AND OTHER TERM S,,,,,,,,,,,,,,,,,,,,,,,....... .............. ... ...... ..1.....-.--........ ............. ....,,,. ,,,,,,,,,.......3
1 01
THE PREMISES (SEP 2015)., ...... ...... ....... ......„• . -----.,.,•,.,,....,,•,,..... ,,,,.......... .,...•.•.•..,,..,_..•-•-•----------.................,
............... 3
1 02
EXPRESS APPURTFNANT RICH I S (SEP 20131................. ................................... ........................,.,.,,,,,,,....•..,.,--e..-,..,.,.......................3
1 03
RENT AND OTHER CONSIDERATION (ON -AIRPORT) {01.T 2071).....................................................
........................ . • •.••....•••... 3
1 04
TPRMINA110N RIGI;TS(0N-AIRPORT) (SEP 2013).......................... .......... ................. .... ,........... .-...,,..--....---•--..--........................--.:.
3
1 05
RENEWAL RIGHTS (OG1 2016).................. ... ............... ................................ -�-.................... ..,............
... _.„---...,.......--................ ....3
1 06
DOCUMENTS INCORPORATED IN THE LEASE (DEN-A1RP T) (OCT 26201..........................................................
.,. , ...... --,.. 3
1 07
LESSOR'S UN10LrE ENITITY IDENTIFIER (OCT2021) . ...... .......................................... ,................
.......................................... 4
SECT*N 2 GENERAL TERMS, CCNDkTIONS, AND STANDARDS .................................. ... ... ....................................................
....5
2.01
DEFINITIONS AND GENERAL TFRMS (OGT 7418)........ ..... ....•... •........................... ........................................
............... I................. 5
2.02
ALI fHOTdl:ZE1) REPRESENTATIVES (OCT 2016)..,,,,,:,,..•...:...............................................................................................................
5
2.03
WA IWP OF FZV S T`CFRA Y I ON (OC 1 2021).............................. ...... ....----------- I'll ... ................. ,..,,,,,,,..•......,..............................................
6
2.04
RELOCATION RIGHTS ((X,17021)............................................... ............--......,....,,,,,,,:,,•,,.,,,,.,,,,.,.,.
................................. ..,,-,,..........
2.0+b
NOTICES..........................................................................................................................................
........ I .... „,„,„..... -11,16
?.06
A(.('.I=PTAN(:E OF SPACE AND CERTIFICATE OF OCCUPANCY {ON•AIRIPOAT' (MAY 2015) ............................
.----............,,........ B
2.07
ALTERATIONS PRIOR TO ACCLFT TANCE (JUN 2012)............................. ................. ....................... •...
.............. ..,-..,.-..,....,....------------ B
2.08
ALTERATIONS (SEP 1999) ... ........ .... .... ........................,,,,,
,,,,,....., ,,,................ 6
2.09
SYSTEM FOR AWARD MANAGEMENT (MAR 2020) ........ ....,.....,......................................
6
2.10
SECURRITY UPGRADES DUE TO IMMED�ATE THREAT(APR 20T1).............. ............ ................... ......
................................ .................@
2.11
FIRE AND CASUALTY DAMAfaF-.. ............................................-----•----------•....-........I—'.,,,...,,,,,,,
.. ,....,,•..••.......................... B
2.12
DEFAU T BY LESSOR (APR 2012) ..............•„•,..,.. ..,,,,.,,,...e_......... ................ ......
... ,... ,..,•..,.............. ,,...,.,.,....•.
?.13
INIEGRAfEDAGREEMENT (JUN2012).......................... ...................................... ...........................
---.............................. .......-........T
2.14
MUTUAII�IYOC DBLIGA1101'I........... _,_--------•....... ........... ........................ ..................... ...e.,•,...,,,,,,,_....,,,...-.,,.................
..................-. 7
215
COMPLIANCE WITH APPLICARL.E tAW (JAN?011).............. .......................... ........................... ,,..,,,,,..:.,:...,..,
.... .,,,.,... .,..,,,.,,,,.,...1---- 7
2.18
MAINTENANCE Of THE PROPERTY. RIGHT TO INSPECT (APR 2015)..,.,..•....................................................................................
7
2 17
DFI.IVFRY AND CDNDI1ION .... ...................................... ................................. .............. ..,.... .............................................................
7
2.18
FAILURE IN PFRFORMANCF....................... .•.............. ....... I .......... .......................... .......................
--• --- 7
2-19
CHANGE OF OWN ERSHIPlNOVATION (OCT 2021)... ........... .......................................................
,,............... 8
2 ?D
T:LAUSL8 INCORPORATED BY REFERENCE (OCT 2021)......,...............................................---.............................--.-.,.,...,.,,,...........
a
SECTtON3 CONSTRUCTION STANDARDS AND COMPONENTS...................................................................,,,,,-,.,.---.-...-................---•- —0
3.01
COP STANDARDS (ON -AIRPORT) fSFP 2013)....................... ..............................................................................
....,............................. 9
102
M1=ANS OF EGRESS (MAY 2015) ...•...........:....................................................................
A
3 03
ALJTOMA,TIC. FIRE SPRINKLER SYSTEM (SEP 2013)...........................................•................... ................
....................................... $
3.04
FIRE ALARM SYSTEM (SEP 2013)....................................... .................... ..............................................
,..........-,...........,.............. 9
3.05
ENERGY INDEPEWENCE AND SECURITY ACT (DFC; 70111 ............................................................................................
10
3 06
AC:C.FSSIBILITY (FES M). .............................. ..................... ...-....._.,,,,........ _ ,.,..,.,....,.,,...............,....-,.........._.......................
10
3.07
MECHANIOAL,rL-E(:TRIGAL.PLLIWING: GENERAL (APR 2011).-- ........................... •............................................................10
3.08
RESTROOM5 (ON -AIRPORT) (JLJN n12)............ ........................... ..........................................................
,..,,............... ................... 10
3.09
I1EA PING, VENTILATION, AND AIR COND7IONING (ON -AIRPORT) (APR 7011)...••••,.••..........................:......................................
10
3 1O
T F L FCOMMUN'C:AT IONS: LOCAL EXCI IANGE. ACCESS (ON-AlRPORT) (SEP 2013)--- ------------------------------------------- ------------------- 10
SECTION 4 UTILITIES, SEIMUM ANO ORLIGATONS DURING THE LEASE TERM ........................ .............. ...,.,.,.,,,,,,,.,......... ------- -. 11
4fl1
SERVICES, UTIL171ES. AND MAINTENANCE SON-Al RPORT) (OCT 2021) .. ........ ..........
.........••............................. 11
407
PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OOCUPANGIES (SLP 201.3) ........................_...... 1 i
4.03
5ECuR.ITY MONITORING AND INT RUSION DE I EC I ION SYSTEM (APR 2017) ...............................
............................................ 11
4.04
MAINTENANCE AND TESTING OF SYSTEMS (SFP 2013)......................................----•-------------...•.....---.....................................
11
4 C5
RFC.Y(,:L INC'3L(7N-AIRPORT) (.IUN 2012) ... ........... ,..•,.:,,,,,,,::... ......
4 C6
RANDDL PH-SHFPPARD C:OMPUANCE (SEP 2013)... ........................ ............ .......... ........
.............................. —.. 12
407
MAINTENANCE OF PROVIDED FINISHFS ........................................................... .. .....•,.,.,,......•.,.•,.,,,
................... 17
4 D8
SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI)
BUILDING INFORMATION (FEB 2020)
........ . ........... ..... ._., ...............................-............. ...._.., ,._
.. , .. „ .............. ............. 12
409
INDOOR AIR 0LiALITY fOCT 2D19).•..........................,,.,,.,..,.---------.....--........_..-....e...........--.......,..,.
,., ..,,,., 13
410
1IALARDOUS MATCR'ALS (ON-AlRPORT+(OCT 20181....................................
.... 14
4 11
OCCJPANT FMF-WU=NL:Y PLANS (CC'[ 2120)............. ......................_,.,•'--'--..................,..,,.,.,,,,,,,...,,.,.....,.---,...-„--...........----•-------
14
SECTION
S ADDITIONAL TERMS AND CONDITIONS--.— ........... ............ .........•..............................................................
I ..... ,•,..........,.15
501
IDEN I I Y vi,RjRCATION OF PERSONNEL .... ............................. ....................,,.,,..............,...............
..................................... 15
502
SECURITY ...................................................... ........ -..,.........................................
............ 16
5.03
LIABILITY ..... ...........................•.•.,...,,:.......... , ,.,,.,.........,,,,.,-..,,.,,.....,,,..,,..........................................
,,,,.............. .,............... ,,, ,•...,.18
iO4
AVAIL AHILIIYOFFUNDS ..................................................................
....,,..,.-.,,.,.,,1B
505
SOVFRFIC,3N IMMUNITY................................................................................................ m... .. ,...... .......
--- ...... ..,.--------------------------- 16
5.06
NO PRIVATE RIGHT OR RF *FFIT t:,RFATEO.... ................................................... ................... :...............
.................. ......... .............. 18
LEASE NO. HS®P-7123-L-DA1448, PAGE 2 LESSOR: GOVERNMENT: DHH Modified GSA FORM L201D (10021)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.1 THE PREMISES (SEP 2015)
The Premises are described as follows:
A. Federal Inspection Services (FIS): Approximately 22017 square feet of FIS Space (the Premises), located at Lubbock Preston Smith
International Airport (Airport), 5401 Martin Luther King Blvd., Unit 389, Lubbock, TX 79403 as depicted on the floor plan(s) attached hereto as Exhibit A
1.2 EXPRESS APPURTENANT RIGHTS (SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas and shall have the right to post Rules and Regulations Governing
Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure signage
is consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking: One 1 reserved parking space on airfield side of terminal as depicted on the plan attached hereto as Exhibit B. In addition, the
Lessor shall provide such additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the
Property.
B. Antennas, Satellite Dishes and Related Transmission Devices: (1) Space located on the roof of the Building sufficient in size for the installation
and placement of telecommunications equipment, (2) the right to access the roof of the Building, and (3) use of all Building areas (e.g., chases, plenums,
etc.) necessary for the use, operation, and maintenance of such telecommunications equipment at all times during the term of this Lease.
1.3 RENT AND OTHER CONSIDERATION (ON -AIRPORT) (OCT 2021)
A. The Government shall pay no rent.
B. In exchange for the Government's agreement to locate inspectional personnel on -site, the Lessor shall do the following:
1. Provide the leasehold interest in the Properly described in the paragraph entitled "The Premises,"
2. Bear all costs, expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease,
including all costs for labor, materials, and equipment, professional fees, contractor fees, attorney fees, permit fees, inspection fees, and similar such
fees, and all related expenses;
3. Perform or satisfy all other obligations set forth in this Lease, and in its attached exhibits, including, but not limited to, Exhibit D
pertaining to information technology services and equipment costs; and,
4, Provide all services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in
accordance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and improvements
required to be made thereto to meet the requirements of this Lease.
1.4 TERMINATION RIGHTS (ON -AIRPORT) (SEP 2013)
The Government may terminate this Lease, in whole or in part, at any time during the term of this Lease, or any renewal periods with 120 days' prior
written notice to the Lessor if the operations supported by the Premises are closed, if the Lessor does not meet its obligations set forth in this Lease, or
if the Government exercises its discretion to reduce its operational presence. The effective date of the termination shall be the day following the expiration
of the required notice period or the termination date set forth in the notice, whichever is later.
1.5 RENEWAL RIGHTS (OCT 2016)
At the expiration of the initial term of one year, this Lease will automatically renew on a year-to-year basis at the option of the Government for 19 nears
but not beyond October 31, 2043, and all other terms and conditions of this Lease, as same may have been amended, shall remain in force and effect
during any renewal term or holdover period.
1.6 DOCUMENTS INCORPORATED IN THE LEASE (ON -AIRPORT) (OCT 2020)
The following documents are attached to and made part of the Lease:
LEASE NO. HSBP-7123-L-DA1448, PAGE 3 LESSOR: GOVERNMENT: DHH Modified GSA FORM L201D (10121)
DOCUMENT NAME
No. or:
PAGES
EXHIBIT
Floor Plans
1
A
Parkin Plans
1
B
GSA Farm 3518-SAM, Addendum to System for Award
Management (SAM) Representations and Certifications
(Acquisitions of Leasehold Interests in Real Property)
2
C
Representation Regarding Certain Telecommunications
and Video Surveillance Services or Equipment
(Acquisitions of Leasehold Interests in Real Property)
4
D
Memorandum of Agreement to Reimburse CBP
4
F
1.7 LESSOR'S UNIQUE ENITITY IDENTIFIER (OCT2021)
Lessor's Unique Entity Identifier (UE):
UEI-DUNS:
UEI-SAM: LXDNEKWRVKJ6
LEASE NO. HSBP-7123-L-DA1448, PAGE 4 LESSOR: kf _ GOVERNMENT: DHH Modified GSA FORM L2010 (10121)
SECTION 2 GENERAL, TERMS, CONDITIONS, AND STANDARDS
2.1 DEFINITIONS AND GENERAL TERMS (OCT 2016)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards,
and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated
with respect to the Govemmenfs enjoyment of the Premises and express appurtenant rights. Appurtenant Areas include, but are not
limited to, parking areas and space located on the roof of the Building where telecommunications devices may be located.
B. Buildina. The building(s) situated on the Property in which the Premises are located.
C. Contract. Contract and contractor means Lease and Lessor, respectively.
D. Contractor. Contractor shall mean Lessor.
E. Days. All references to "day" or "days" in this Lease shall mean calendar days, unless specified otherwise.
F. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1.
G. GSAR. All references to the GSAR shall be understood to mean the GSA supplement to the FAR, codified at 48 CFR Chapter 5.
H. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the Lease tern commences.
I. Lease Award Date. The date the Lease Contracting Officer (LCO) executes the lease and mails or otherwise furnishes written notification
of the executed Lease to the Lessor (date on which the parties' obligations under the Lease begin).
J. Premises, The Premises are defined as the total Office Area or other type of Space, together with all associated common areas, described
in Section 1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights
under this Lease are not included in the Premises.
K. Property. The Property is defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g.,
parking areas) to which the Government is granted rights.
L. Space. The Spare shall refer to that part of the Premises to which the Government has exclusive use, such as Office Area, or other type
of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
M. Office Area. For the purposes of this Lease, Space shall be measured in accordance with the standard (Z65.1-2017) provided by
American National Standards Institute/Building Owners and Managers Association (ANSIIBOMA) for Office Area, which means "the area
where a tenant normally houses personnel andlor furniture, for which a measurement is to be computed." References to ABOA mean
ANSYBOMA Office Area.
N. Workino Days. Working Days shall mean weekdays, excluding Saturdays and Sundays and Federal holidays.
2.2 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons
shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice
to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its LCO
by notice, without an express delegation by the prior LCO.
2.3 WAIVER OF RESTORATION (OCT 2021)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and
waives all claims against the Government for:
a) waste, or,
b) damages or restoration arising from or related to:
(1) the Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
(2) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government
At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which
case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
Notwithstanding the above, all data entered and/or stored in any manner on the equipment used or operated by the Government on or in connection
with the Property shall belong to the United States and is confidential and protected information. It shall be CBP's responsibility to properly remove said
data before possession of any equipment is transferred to the Lessor. In the event data inadvertently remains on any of the equipment upon transfer,
Lessor shall keep the information confidential and immediately notify CBP so that CBP can remove the data.
2.4 RELOCATION RIGHTS (OCT 2021)
If it becomes necessary in the orderly development of the Airport, Lessor may require the relocation of Premises to other space at the Airport which, in
the reasonable judgment of Lessor, is similar and suitable for the purposes for which this Lease is entered as such purposes are set forth herein. Should
such relocation be necessary, the Lessor shall provide the CBP a minimum of 120 days prior written notice. Lessor shall be responsible for all costs for
LEASE NO. HSBP-7123-L-DA144B, PAGE 5 LESSOR: V- GOVERNMENT: DHH Modified GSA FORM L201D (10121)
such relocation, including all costs for moving furniture, office equipment, telephone and data lines. and any other costs associated with replicating
necessary operational features provided in the space originally leased. The Airport shall provide such relocated Premises at the same rental rate as the
original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in which event the parties shall
negotiate a reduction in the rental rate. The Government will not reimburse the Lessor for any increased square footage as a result of such relocation.
2.5 NOTICES
A. Any notice, consent, or approval to be given under this Lease shall be in writing, and delivered by hand or sent by Fxpress Mail or comparable
service, or by a certified or registered mail, postage prepaid and return receipt requested, to the following addresses:
To the Lessor at: Deputy Director, Lubbock Preston Smith International Airport, 5401 N. Martin Luther King Blvd.. Unit 389, Lubbock, TX 79403.
To CBP at: U.S. Customs and Border Protection, Field Operations Facilities, Program Management Office, ATTN: FOF Lease Contracting officer: 150
Westpark Way, Euless, TX 76040.
Notice shall be computed commencing with the day after the date of mailing.
B. In the event of an emergency, either party may provide notice by telephone, and all telephone notice shall be followed by a wntten notice as soon as
practicable to the respective officials designated as follows:
The emergency contact and phone number for the Lessor is: Charles Farina, (806) 775-2036, Cell: 806-543-8360. cfarina@mylubbock.us
The emergency contact and phone number for CBP is: Office (806) 762-5739, Cell: (806) 789-0381,
2.6 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (ON -AIRPORT) (MAY 2015)
A. The Lessor shall provide floor plans for the Space and a valid Certificate of Occupancy (C of 0), issued by the local jurisdiction, for the intended
use of the Government. If the local jurisdiction does not issue C of O's or if the C of 0 is not available, the Lessor may satisfy this condition by providing
a report prepared by a licensed fire protection engineer that verifies that the Space complies with all applicable local fire protection and life safety codes
and ordinances and all fire protection and life safety -related requirements of this Lease.
B. Neither the Government's acceptance of the Premises for occupancy or acceptance of related appurtenances, nor the Government's occupancy of
the Premises, shall be construed as a waiver of any requirement or right of the Government under this Lease, or as otherwise prejudicing the Government with
respect to any such requirement or right, or as an acceptance of any latent defect or condition.
2.7 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012)
The Government's rights stated in paragraph 2.08 "Alterations" also apply to initial build -out of the Premises
2.8 ALTERATIONS (SEP 1999)
With prior written approval by the Lessor, the Government shall have the right during the term of this Lease and any renewal periods to make
alterations, attach fixtures, and erect structures or signs in or upon the Premises hereby leased, which fixtures, additions or structures so placed in, on,
upon, or attached to the said Premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the
Government. Nothing herein alters, limits, or waives the Lessor's obligation to provide modifications, repairs, replacements, and improvements
required for the proper operation of the Property, the Building, and the Premises.
2.9 SYSTEM FOR AWARD MANAGEMENT (MAR 2020)
The Lessor must have an active registration in the System for Award Management (SAM), via the Internet at https:llwww.aoquisition.gov, prior to the
Lease award and throughout the life of the Lease. To remain active, the Lessor is required to update or renew its registration annually No change of
ownership of the leased Premises will be recognized by the Government until the new owner registers in SAM.
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011)
The Government reserves the right, at its own expense, with its own personnel, and at its sole discretion, to heighten security in the Building under
Lease during heightened security conditions due to emergencies such as terrorist attacks, natural disaster, and civil unrest
2.11 FIRE AND CASUALTY DAMAGE
If the Building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this Lease shall immediately terminate. If the
Building in which the Premises are located is only partially destroyed or damaged, so as to render the Premises untenantable, or not usable for their
intended purpose, the Lessor shall have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted a
reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the Premises, if the Lessor submits to
the Government a reasonable schedule for repair of the Premises within 90 days of the event of destruction or damage. If the Lessor fails to timely
submit a reasonable schedule for completing the work, the Government may elect to terminate the Lease effective as of the dale of the event of
destruction or damage. If the Lessor elects to repair or restore the Premises but fails to repair or restore the Premises within 180 days from the event
of destruction or damage or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable the
Government may terminate the Lease effective as of the date of the destruction or damage. Termination of the Lease by either party under this clause
shall not give rise to liability for either party. This clause shall not apply if the event of destruction or damage is caused by the Lessor's negl Bence or
willful misconduct. In the event of termination under this clause, should Lessor continue to require inspectional services to be performed by the
Government at the Airport, Lessor agrees to provide the Government with suitable, alternate space at the Airport at no cost to the Government.
2.12 DEFAULT BY LESSOR (APR 2012)
The following conditions shall constitute default by the Lessor, and shall give rise to the following rights and remedies for the Government
LEASE NO. HSBP-7123-L-DAI"B, PAGE 6 LESSOR: GOVERNMENT: DHH Modified GSA FORM L201D (10121)
A. Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations required for acceptance of the Premises within
the times specified, without excuse shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and
provision of a reasonable opportunity for the Lessor to cure its default. the Government may terminate the Lease on account of the Lessor's
default of a material obligation required for acceptance of the Premises (i e., Lessor's material breach of the Lease. as determined under the
federal common law of government contracts).
B. After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this Lease,
without excuse, shall constitute a default by the Lessor. Subject to provision of notce of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor's default of any obligation
under this Lease.
C. Grounds for Termination. The Government may terminate the Lease if:
1 The Lessors default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or
2 The Lessor fails to take such actions as are necessary to prevent the recurrence of default conditions.
D. Excuse Failure by the Lessor to timely deliver the Premises or perform any service, provide any item, or satisfy any requirement of this Lease
shall not be excused if its fa lure in performance arises from.
1. Circumstances within the Lessor's control;
2 Circumstances about which the Lessor had actual or constructive knowledge prior to the Lease Award Date that could reasonably
be expected to affect the Lessor's capability to perform:
3 The condition of the Property;
4. The acts or omissions of the Lessor its employees, agents or contractors; or
5 The Lessors inability to obtain sufficient financial resources to perform its obligations.
The rights and remedies specified in this clause are in addition to any and a l remedies to which the Government may be entitled as a matter of law or
under this Lease.
2.13 INTEGRATED AGREEMENT (JUN 2012)
This Lease. upon execution contains the entire agreement of the parties and supersedes any and all prior oral or written representations, understandings,
or agreements among or between them. No prior written or oral agreement, express or implied, shall be construed or relied upon by either party to
contradict the provisions of the Lease. Except as expressly attached to and made part of the Lease, communications by either party that occurred prior
to Lease execution shall not be incorporated in the Lease.
2.14 MUTUALITY OF OBLIGATION
The obligations and covenants of the Lessor, and the Government's obligation to perform such other obligations as may be specified herein, are
interdependent
2.15 COMPLIANCE WITH APPLICABLE LAW (JAN 2011)
Lessor shall comply with a'I federal, state, and local laws applicable to its ownership and leas'ng of the Premises, including, without limitation. laws
applicable to the construction, demolition, ownership or alteration and obtain all necessary permits, licenses and similar items at its own expense.
Nothing in this Lease shall be construed as a waiver of the sovereign immun ty of the Government. This Lease shall be governed by federal law.
2.16 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2015)
The Lessor shall maintain the Premises, including the systems, equpment, fixtures, and appurtenances furnished by the Lessor under this Lease, in
good repair and tenantable condition at the Lessors sole expense. The Lessor shall maintain the Premises in a safe and healthful condition according
to applicable OSHA standards. including standards governing indoor air quality. existence of mold and other biological hazards or hazardous materials,
at the Lessor's sole expense. The Government shall have the right. at any time after the Lease is signed and during the term of the Lease, and any
renewal periods, to inspect all areas of the Property to which access is necessary for the purpose of determining the Lessor's compliance with this
clause. When accompanied by a Government escort, the Lessor shall have the right to enter any part of the Premises at reasonable or necessary limes
for the purposes of inspection, protection or exercising its right as owner and operator of the Airport and as Lessor.
2.17 DELIVERY AND CONDITION
A Unless the Government elects to have the Premises occupied in increments, the Premises must be delivered ready for occupancy as a
complete unit. The Government reserves the right to determine when the Premises are substantially complete.
B. If the Premises do not substantially comply with the provisions of this Lease, the Contracting Officer may terminate this Lease in accordance with
Paragraph 1.04. Termination Rights, andlor Paragraph 2 12, Default by Lessor, of this Lease.
2.18 FAILURE IN PERFORMANCE
In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this Lease, the Government
may, by contract or otherwise, perform the requirement and seek reimbursement from the Lessor for the resulting costs to the Government, including all
LEASE NO. HSBP-7123-L-DA1448, PAGE 7 LESSOR: �GOVERNMENT- DHH Modified GSA FORM L201D (10121)
administrative costs; provided however, before undertaking to perform any obligation of Lessor, Government shall provide Lessor not less than thirty
(30) days' prior written notice during which Lessor shall be permitted to cure any alleged default and furlher provided that such cure period shall be
extended by an additional thirty (30) days if, at the expiration of the noticelcure period, the Lessor is diligently pursuing to cure or otherwise resolve such
alleged default. if the Government elects to perform any such requirement, the Government and each of its contractors shall be entitled to access the
Premises to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Government may terminate this
Lease pursuant to Paragraph 1,04, Termination Rights, and/or Paragraph 2.12, Default by Lessor, of this Lease. The aforementioned remedies are not
exclusive and are in addition to any other remedies which may be available under this Lease or at law. Pursuant to 19 C.F.R. § 24.3a, any amounts due
CBP under the terms of this agreement not reimbursed within 30 days of billing will begin accruing interest charges based on current U.S. Treasury
borrowing rates and may ultimately be referred for collection.
2.19 CHANGE OF OWNERSHIPlNOVATION (OCT 2021)
A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal name, the Lessor and its successor shall
comply with the requirements of FAR Subpart 42.12. If title is transferred, the Lessor shall notify the Government within five days of the transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the
Govemment's and the Lessors respective rights and obligations remain unaffected.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the new owner or assignee (Transferee) shall
execute a Novation Agreement providing for the transfer of Transferors rights and obligations under the Lease to the Transferee. When executed on
behalf of the Government, a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204, the LCO may request additional information (e.g., copy of the deed, bill of sale, certificate
of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or
Transferee to verify the parties' representations regarding the transfer, and to determine whether the transfer of the Lease is in the Government's interest.
E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain fully
liable to the Government for the Transferees performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the
Government be obligated to release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the
Government under the Lease that have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Award
Management (SAM) for purposes of "All Awards" (See FAR 52.232-33), and complete all required representations and certifications within SAM. In
addition, for leases FSL III or above, the Transferee must also complete 552.270-33 Foreign Ownership and Financing Representation for High Security
Leased Space. This representation must be completed annually.
G, If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in
this Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the
Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the LCO, the
Government has determined that recognizing the Transferee as the Lessor is in the Government's interest (which determination will be prompt and not
unreasonably withheld), and the Transferee has met all conditions specified in sub -paragraph F The original Lessor must maintain an active registration
in SAM until the Novation process is complete.
2.20 CLAUSES INCORPORATED BY REFERENCE (OCT 2021)
This Lease incorporates the following clauses by reference, with the same force and effect as if they were given in full text. All citations to the FAR or
GSAR are provided for convenience of reference, and shall not be understood as subjecting this Lease to any provision of the FAR or GSAR except to
the extent that clauses prescribed by the FAR or GSAR are expressly incorporated into this Lease.
1. FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
2, FAR 52.204-13, SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
3. FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY
KASPERSKY LAB AND OTHER COVERED ENTITIES
4, FAR 52,204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES
OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)
5. FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APRIL 2015)
6. FAR 52,222-28, EQUAL OPPORTUNITY (SEP 2016)
7, FAR 52.223-99, ENSURING ADEQUATE COVtD-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)
8. FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER -SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
9. FAR 52.233-1, DISPUTES (MAY 2014)
10, GSAR 552.215-70. EXAMINATION OF RECORDS BY GSA (JUL2016)
11. GSAR 552.270-31, PROMPT PAYMENT (JUN 2011)
12. GSAR 552.270-33, FOREIGN OWNERSHIP AND FINANCING REPRESENTATION FOR HIGH -SECURITY LEASES SPACE
13, GSAR 552.270-34, ACCESS LIMITATIONS FOR HIGH -SECURITY LEASES SPACE
LEASE NO. HSBP-7123-L-DA1448, PAGE 8 LESSOR: "V GOVERNMENT: DHH Modified GSA FORM L201D (10121)
SECTION 3 CONSTRUCTION STANDARDS AND COMPONENTS
3.1 CBP STANDARDS (ON -AIRPORT) (SEP 2013)
A. The Premises shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to
acceptance of the Space. If there is a conflict on the standards the more stringent will apply. For the purposes of this Lease, the Airport Technical Design
Standards December 2017 (hereinafter referred to as "CBP Standards") shall apply.
B. Base structure and building enclosure components shall be complete. All common areas accessible by the Government, such as lobbies, fire
egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly
installed building components, including but not limited to, healing, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be
furnished, and installed. Circulation corridors are provided as part of the base building only on multi -tenanted floors where the corridor is common to
more than one tenant. On single -tenant floors, only the fire egress corridor necessary to meet code is provided as part of the Space.
3.2 MEANS OF EGRESS (MAY 2015)
A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet, either the applicable egress requirements
in the National Fire Protection Association, Life Safety Code (NFPA 101), or the International Code Council, International Building Code (IBC), each
current as of the Lease Award Date, or use an altemative approach or method that achieves an equivalent level of safety deemed acceptable by the
Government.
B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floors) where Space is located shall only count as one exit stair.
D. A fire escape located on the floors) where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC.
3.3 AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2013)
A. Any portion of the Space located below -grade, including parking garage areas, and all areas in a Building referred to as "hazardous areas"
(defined in National Fire Protection Association (NFPA) 101) that are located within the entire Building (including non -Government areas) shall be
protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space is on or above the sixth floor, then, at a minimum, the Building up to and including the
highest floor of Govemment occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSIIBOMA Office Area SF of Space in the
Building, then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler systern(s) shall be installed in accordance with the requirements of NFPA 13, Standard for the Installation of Sprinkler
Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler system(s) shall be maintained in accordance with the requirements of NFPA 25, Standard for the Inspection,
Testing, and Maintenance of Water -based Fire Protection Systems (current as of the Lease Award Date).
F. "Equivalent level of safety" means an alternative design or system (which may include automatic fire sprinkler systems), based upon fire
protection engineering analysis, which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.4 FIRE ALARM SYSTEM (SEP 2013)
A. A Building -wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3n° floor or higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code that was in
effect on the actual date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current
as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means: directly to the local fire
department, to the (911) public communications center, to a central station, to a remote supervising station, or to a proprietary supervising station.
E. If the Building's fire alarm control unit is over 25 years old as of the Lease Award Date, Lessor shall install a new fire alarm system in
accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Dale), prior to Government
acceptance and occupancy of the Space.
LEASE NO. HSBP-7123-L-DA1"$, PAGE 9 LESSOR: • GOVERNMENT: DHH Modified GSA FORM L201D (10121)
ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011)
A. The Energy Independence and Security Act (EISA) establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA) within one year prior to the due date for final proposal
revisions ("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions, the Lessor shall either:
1. Eam the ENERGY STAR® Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or
superseding Lease); or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR® Label prior to
acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STAR® label for the most recent year (as defined above) due to insufficient occupancy, but was able to demonstrate
sufficient evidence of capability to earn the ENERGY STAR® label, then Lessor must earn the ENERGY STAR® label within 18 months after
occupancy by the Government.
3.5 ACCESSIBILITY (FES 2007)
The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent shall apply.
3.6 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals, and standard
procedures. Mains, lines, and meters for utilities shall be provided by the Lessor. Exposed ducts, piping, and conduits are not permitted in office
Space.
3.7 RESTROOMS (ON -AIRPORT) (JUN 2012)
Government employees shall have access to all public restroom facilities for men and women in the Airport terminal at all times.
3.8 HEATING, VENTILATION, AND AIR CONDITIONING (ON -AIRPORT) (APR 2011)
A. Temperatures shall conform to local commercial equivalent temperature levels and operating practices to maximize tenant satisfaction. These
temperatures shall be maintained throughout the leased Premises and service areas, regardless of outside temperatures, during the hours of operation
specified in this Lease. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent temperature levels prior
to the first hour of each day's operation. At all times, humidity shall be maintained below 60 percent relative humidity.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the Lease and shall make a reasonable
attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
3.9 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON -AIRPORT) (SEP 2013)
A. The Government may elect to contract its own telecommunications (voice, data, video, Internet, or other emerging technologies) service in the
Space. The Government may contract with one or more parties to have inside wiring (or other transmission medium) and telecommunications
equipment installed pursuant to a separate agreement. In the event future upgrades are required, the Lessor shall bear all costs associated with
the upgrade. Lessor has also agreed to the terms set forth in Exhibit F regarding Lessor's obligation to bear information technology costs.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its services
to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's designated
telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Government's floor Space, subject to
any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas (high frequency, mobile
microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope as required.
LEASE NO. HSBP-7123-L-DA1448, PAGE 10 LESSOR: %W. GOVERNMENT. DHH Modified GSA FORM L201D (10121)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4A SERVICES, UTILITIES, AND MAINTENANCE (ON -AIRPORT) (OCT 2021)
The Lessor is responsible for providing all utilities necessary for Premises and tenant operations at the Lessors sole expense. The following services,
utilities, and maintenance shall be provided by the Lessor seven (7) days per week, twenty-four (24) hours per day, including Saturday, Sunday and
federal holidays. (Check all that apply):
® HEAT
0
TRASH REMOVAL
® ELECTRICITY
❑
CHILLED DRINKING WATER
® POWER (Special Epuip.)
0
AIRCONOITiONING
® WATER (Hot & Cda)
®
RESTROOM SUPPLIES
® SNOW REMOVAL
I$I
JANITORIAL SERV. & SUPP.
® SECURITY & FIRE
Twice
(2) weekly: Sweep entrances.
lobbies
& cgrridors. soot sweep
MONITORING SERVICES
floors,
spoL vacuum carpets dean
drinking fountains, sweep and damp
moo or scrub restmom. dean all
restroom fixtures. Clean all hioh-
louch surfaces.
❑ ELEVATOR SERVICE
® WINDOW WASHING
FrequencyTwice per year all
interior and exterior and other glass
surfaces
® CARPET CLEANING
FrequencyAnnually . _shamo m
carpets in corridors and tobbies &
every 2 years shampoo carpets in all
oiices and other non-public areas.
® INI r IAL & REPLACEMENT
LAMPS, TUBES & BALLASTS
& STARTERS
I� PAINTING FREOUENCY
Space See 4.07 below
Publ c Areas Sge 4.07 below.
® PEST CONTROL Pest Control.
Control nests as amooriate. using
Integrated Pest Management
techniques. as specified in the GSA
Environmental Management
InlearatO Post Management
Technique Guide IE402_1_001).
DC OTHER
(Specify be ow)
Resilient Floors. hvice per near
dean per the specifications in
main oomdom and heavy IreffiC
areas and annually in offices
and secondary lobbies and
corridors. Strip & apply 4 coats
of finish to resilient floof, in
rmtrooms. Strip & refinish ma a
comdors and other heavy traffic
areas. As Repaired: Properly
maintain plants and lawns.
Provide and empty exterror ash
cans and dean area of any
discarded cigarette butts.
The Lessor shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
4.2 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (SEP 2013)
The Government shall have access to the Premises and is Appurtenant Areas at all times at no cost, including the use, during other than normal hours,
of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed while CBP Officers are present.
C8P's normal hours of operation are Monday through Friday from &00 am to 5.00 pm but are dependent upon aircraft arrival schedule.
4.3 SECURITY MONITORING AND INTRUSION DETECTION SYSTEM (APR 2017)
Lessor agrees to provide and maintain the following:
1) An intrusion detection system (IDS) that is connected to a 24-hour, staffed, central monitoring station, which in the event of an alarm,
will immediately notify the Lessee. This must be a stand-alone system zoned specifically for and under the direct control of CBP;
2) A stand-alone video surveillance system that provides the following:
a. Exterior View: A sufficient number of cameras to monitor the entire facility perimeter, as well as each access point, ensuring
cameras are in a position to capture the image of each individual entering
b. Interior View. Ensure the coverage by cameras of any "strong rooms' identified by the Lessee.
c. Monitoring Station: The operator of the CCTV system shall be capable of providing all command related functions such as
panitiiUzoorn to the cameras, as well as retrieving recorded video.
d. Digital Video Recorder: Provide 30-days of internal storage for each camera view. 24-hour time lapse high resolution colored
monitoring With 30-day Digital Video Recorder (DVR) capabilities
3) Physical Access Control Systems (PACS): Access points into the facility and strong rooms shall be controlled by card readers under
the sole control of CBP using a standalone management platform
a. The PACS must comply with Homeland Security Presidential Directive 12 (HSPD-12), Federal Information Processing
Standards Publication 201-1 (FIPS 201-1), Government Smart Card Interoperability Specification (GSC-IS V2.1) and GSA
Schedule 70 for products and service components.
b. Only vendors With a Certified System Engineer ICAMIPACS (CSEIP) can be used to design, purchase and install a PACS
equipment. HTTPS:IlWWW.SECURETECHALLIANCE.ORGIACTIVITIES-CSEIP-REGISTRY!
c. Only equipment approved by the Government Services Administration (GSA), and listed on the idmanagement.gov,
approved product list (APL) can be
used. HTTPS:/1WWW.IDMANAGEMENT.GOV/IDM/IDMFICAMPRODUCTSEARCHPAGE
4.4 MAINTENANCE AND TESTING OF SYSTEMS (SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the Property and leased Premises at the Lessors sole expense. Such
maintenance and repairs include the site and private access roads. All equipment and systems shall be maintained to provide reliable, energy efficient
service Without unusual interruption, disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air velocities, or unusual
emissions of dirt. The Lessors maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary
for such maintenance. Maintenance, testing, and inspection of appropriate equipment and systems shall be done in accordance with current applicable
codes, and inspection certificates shall be displayed as appropriate. Copies of all records in th s regard shall be forwarded to the Government's
designated representative.
LEASE NO. HSBP-7123-L-DA144S, PAGE 11 LESSOR: k GOVERNMENT: DHH Modified GSA FORM L201D (10121)
B. At the Lessor's sole expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and
maintenance of fire protection systems, such as, but not limited to, fire alarm, fire sprinkler, standpipes, fire pump, emergency lighting, illuminated exit
signs, emergency generator, to ensure proper operation. These tests shall be witnessed by the Government's designated representative.
4.5 RECYCLING (ON -AIRPORT) (JUN 2012)
Where state or local law, code, or ordinance requires recyding programs (including mercury -containing lamps) for the Space to be provided pursuant to
this Lease, the Lessor shall comply with such state and local law, code, or ordinance in accordance with Paragraph 2.15, Compliance with Applicable
Law. During the Lease term and any renewal period, the Lessor agrees, upon request, to provide the Government with additional information concerning
recycling programs maintained in the Building and in the Leased Space.
4.6 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)
During the term of the Lease and any renewal periods, the Lessor may not establish vending facilities within the leased Space that will compete with
any Randolph -Sheppard vending facilities.
4.7 MAINTENANCE OF PROVIDED FINISHES
A. Paint, wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in "like new" condition for the life of the
Lease. All painted surfaces, shall be repainted at the Lessor's sole expense, including the moving and returning of furnishings, any time during
the occupancy by the Government if the paint is not "like new", All work shall be done after normal working hours as defined elsewhere in this
Lease. In addition to the foregoing requirement,
Lessor shall repaint common areas at least every [five] (5) years.
Lessor shall perform cyclical repainting of the Premises every [ten] (10) years of occupancy. This cost, including the moving and
returning of furnishings, as well as disassembly and reassembly of systems furniture, shall be at the Lessor's sole expense, however
the Government is responsible for the secure removal and return of computer and related equipment and any files and documents.
Carpet and flooring.
The Lessor shall repair or replace flooring at any time during the Lease term when:
(i) Backing or underlayment is exposed;
(ii) There are noticeable variations in surface color or texture;
(iii) Carpet has curls, upturned edges, or other noticeable variations in texture;
(iv) Tiles are loose; or,
(v) Tears or tripping hazards are present.
Notwithstanding the foregoing, the Lessor shall replace all carpet in the Premises every ten (10) years with a product which meets
the requirements in the CBP Standards.
Repair or replacement shall include the moving and returning of furnishings, including disassembly and reassembly of systems furniture, if necessary,
at the Lessors sole expense, however the Government is responsible for the secure removal and return of computer and related equipment and any
files and documents. Work shall be performed after normal hours as established elsewhere in this Lease.
4.8 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (FEB
2020)
This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders,
awardees, contractors, subcontractors, lessors, suppliers and manufacturers.
Marking CUI. Contractors must submit any contractor -generated documents that contain building information to GSA for review and identification
of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be
marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at
hti,pR� before the original or any copies are disseminated to any other
parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document
makings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.
Authorized recipients.
a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a
Lawful Govemment Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful
Government Purpose may include Federal, state and local government entities, and non -governmental entities engaged in the
conduct of business on behalf of or with GSA. Non -governmental entities may include architects, engineers, consultants,
contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA
contract or subcontract. Recipient contractors must be registered as "active" in the System for Award Management (SAM)
database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not
registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the
contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business
license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.
b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official
Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public
safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on
a case -by -case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public
safety entities.
2. Dissemination of CUI building information:
a. By electronic transmission Electronic transmission of CUI information outside of the GSA network must use session encryption
LEASE NO. HSBP-7123-L-DA1448, PAGE 12 LESSOR: W GOVERNMENT: DHH Modified GSA FORM L201D (10f21)
(or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800-171 Encryption
must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data
Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for
Cryptographic Modules, as required by GSA policy.
b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs,
DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among
other formats.
i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and
confirm, proof of delivery, signature confirmation, or return receipt.
ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government
Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause
Record keepina. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this
dause. This list must include, at a minimum:
1) The name of the state, Federal, or local government entity, utility, or fine to which CUI has been disseminated;
2) The name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly
controlled and limited to those individuals having a Lawful Government Purpose to access such information;
3) Contact information for the named individual; and
4) A description of the CUI building information provided.
Once "as built" drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those
maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the
lists are received.
4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments
that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own
facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a
Lawful Government Purpose for access.
5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in
accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitzation.
6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and
its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this douse, with the exception of the contractor's record copy. This
notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to
the CO at the completion of the lease term.
7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA
Incident Response Team Center at gsa-rr[a�gsa.cLw. If the contract provides for progress payments, the CO may withhold approval of
progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper
disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until
the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in
the future.
8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.
4.9 INDOOR AIR QUALITY (OCT 2019)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that indoor air quality action limits
identified in the PBS Desk Guide for Indoor Air Quality Management (Companion to GSA Order PBS 1000.8), OSHA regulatory limits, and generally
accepted consensus standards are not exceeded. .
B. The Lessor shall avoid the use of products containing toxic, hazardous, carcinogenic, flammable, or corrosive ingredients as determined from
the product label or manufacturer's safety data sheet. The Lessor shall use available odor -free or low odor products when applying paints, glues,
lubricants, and similar wet products. When such equivalent products are not available, lessor shall use the alternate products outside normal working
hours. Except in an emergency, the Lessor shall provide at least 72 hours advance notice to the Government before applying chemicals or products
with noticeable odors in occupied Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality (IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed, to ascertain the
source and severity of the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in
space serving the Space (e.g., common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in its assessments
and detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing, if required; and
3. Implementing corrective measures required by the LCO. The Lessor shall take corrective action to correct any tests or
measurements that do not meet GSA policy action limits in the PBS Desk Guide for Indoor Air Quality Management (Companion to GSA Order
PBS 1000.8), OSHA regulatory limits and generally accepted consensus standards.
E. The Lessor shall provide to the Government safety data sheets (SDS) upon request for the following products prior to their use during the term
of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall patching or leveling
materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticldes, and herbicides. The Government reserves the
right to review such products used by the Lessor within the Space, common building areas, ventilation systems and zones serving the Space, and the
area above suspended ceilings and engineering space in the same ventilation zone as the Space.
LEASE NO. HSBP-7123-L-DA1448, PAGE 13 LESSOR: V GOVERNMENT: DHH Modified GSA FORM L201D (10121)
F. The Lessor shall use high efficiency (HEPA) filtration vacuums for leaning and minimum MERV 10 rated ventilation system filtration whenever
feasible.
G. The Lessor is encouraged to comply with best practices outlined in Appendix D- Indoor Air Quality in GSA Leased Facilities (Best Practices)
within the PBS Desk Guide for Indoor Air Quality Management (Companion to GSA Order PBS 1000.8).
4.10 HAZARDOUS MATERIALS (ON -AIRPORT) (OCT 2018)
The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable
Federal, state, and local environmental regulations including, but not limited to, the following:
A. The leased Space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the Space or undamaged boiler or
pipe insulation outside the Space, in which case an asbestos management program conforming to EPA guidance shall be 'mplemented.
B. The Lessor shall provide Space to the Government that is free from ongoing water leaks or moisture infiltration. The space and ventilation zones
serving the space shall also be free of visible mold or actionable airborne mold.
1. Actionable mold is either visible mold or airborne mold of types and concentrations in excess of that found in the local outdoor air or
non -problematic control areas elsewhere in the same building, whichever is lower. The Lessor shall safely remediate all actionable mold in accordance
with sub -paragraph B.2 below
2. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled
"Mold Remediation in Schools and Commercial Buildings" (EPA 402-K-01-001, September 2008). published by EPA, as same may be amended or
revised from time to time, and any other applicable Federal, state, or local laws, regulatory standards, and guidelines
3. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the plan or any other
applicable Federal, state, or local laws, regulatory standards, or guidelines, the Lessor, at its sole cost expense, and risk, shall immediately take all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence, or is otherwise unable to remediate the actionable mold. the Government may implement
a corrective action program in accordance with 2.18, Failure in Performance.
4.11 OCCUPANT EMERGENCY PLANS (OCT 2020)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP) and if necessary, a supplemental Sheller -in Place (SIP) Plan. Periodically, the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP Plan. The Plans, among other things, must include an annual emergency evacuation drill, emergency notification procedures
for the Lessor's Building engineer or manager, Building security, local emergency personnel, and Government agency personnel.
LEASE NO. HSBP-7123-L-DA1448, PAGE 14 LESSOR: ly GOVERNMENT: DHH_ Modified GSA FORM L201D (10121)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
5.1 IDENTITY VERIFICATION OF PERSONNEL
A The Government reserves the right to verify identities of personnel with routine pre -occupancy andlor unaccompanied access to the Premises
The Lessor shall comply with the agency personal identity verification procedures below that implement Homeland Security Presidential
Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards
Publication (FIPS PUB) Number 201, as amended.
B. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled
facility or access to a federal information system. Lessor compliance with sub -paragraphs below will suffice to meet the Lessors requirements
under HSPD-12, OMB M-05-24, and FIPS PUB Number 201.
C. The Government reserves the right to conduct background checks on Lessor personnel and contractors with routine access to the Premises.
D. Upon request, the Lessor will notify the Government whether it will use either the manual process and submit completed fingerprint charts and
background investigation forms, or use the electronic process of ID verification, completed through the a-QIP system. This would be done for
each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors, who will provide building operating services
requiring routine access to the Premises for a period greater than six (6) months. The Government may also require this information for the
Lessors employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government's
Space or, in consultation with the Lessor, reasonably allow such employees, contractors, and subcontractors access to the Premises without
such fingerprinting and background investigation if escorted at all times by a Lessors contractorlpersonnel who has successfully undergone
such fingerprinting and has a current background investigation.
MANUAL PROCESS
The Lessor shall provide Form FO 258, Fingerprint Chart (available from the Government Printing Office at http-llbookstore gpo gov), and Standard
Form 85P, Questionnaire for Public Trust Positions, completed by each person and returned to the Lease Contracting Officer (LCO) (or the LCO's
designated representative) within thirty (30) days from receipt of the fortis.
ELECTRONIC PROCESS
A. The electronic process will be done through the a-QIP system. The Lessor's contractorlpersonnel will receive an email along with instructions
for completing the Office of Personnel Management Electronic Questionnaire (e-QIP).
B. The contractor/personnel will have up to seven (7) business days to login and complete the a-QIP for the background investigation.
C. The contractorlpersonnel will be instructed to access the website, and will receive on screen instructions which include but are not limited to:
1. How to Log In;
2. How to Answer and Create New Golden Questions;
3. What Additional Documents to Send;
4. How to Print and Sign two Signature Forms (Certification That My Answers Are True);
5. How to complete the submission process, press the "Release !Request Transmit to the Agency" and exit the process; and
6. Where to Send.
D. The Lessor must ensure prompt input, and timely receipt of the following, from its contractor/personnel:
1. Two (2) FBI Fingerprint Cards (Form FD-258) or one (1) card produced by a livescan device;
2. Certification That My Answers Are True; and
3. Authorization for Release of Information.
E. The Lessor must ensure the LCO (or the LCO's designated representative) has all of the requested documentation to ensure the completion
of the background investigation.
F. Based on the information furnished, the Government will conduct background investigations of the contractor/personnel. The LCO will advise
the Lessor in writing if a contractor/personnel fails the investigation, and, effective immediately, the individual will no longer be allowed to work
or be assigned to work in the Premises. Provided however, the foregoing provisions of this subsection shall not apply to individuals under
escort by a Lessor's contractorlpersonnel who has successfully undergone fingerprinting and has a current background investigation.
G. Throughout the life of the Lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be
assigned to the Premises. In the event the Lessor's contractor or subcontractor is subsequently replaced, the new contractor or subcontractor
is not required to submit another set of these forms for contractorlpersonnel who were Geared through this process while employed by the
former contractor or subcontractor. The Lessor shall resubmit Form FD 258 and Standard Form 85P for every contractor/personnel on a five
LEASE NO. HSBP-7123-L-DA1448, PAGE 15 LESSOR: r GOVERNMENT: DHH Modified GSA FORM L201D (10121)
(6) year basis. Provided however, the foregoing provisions of this subsection shall not apply to individuals under escort by a Lessors
contractorlpersonnel who has successfully undergone fingerprinting and has a current background investigation.
5.02 SECURITY
The Lessor shall ensure that the Premises conform, at the Lessor's sole expense to Department of Homeland Security and Customs and Border
Protection Minimum Security Requirements, as well as the Physical Security Criteria for Federal Facilities established by the Interagency Security
Committee.
5.03 LIABILITY
A. The Lessor may seek remedy for claims against the Government in accordance with the Federal Tort Claims Act, 28 U.S C §§ 2671 — 2680.
as amended.
B. The Lessor shall save harmless and indemnify the Government from any claimed or adjudged liability arising out of the maintenance or
condition of the Property.
5.04 AVAILABILITY OF FUNDS
In accordance with 31 U.S.C. § 1341 and 41 U.S.C. § 6301, and other applicable federal laws, CBP's liability under this Lease and every term and
condition herein is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. Nothing in this Lease
may be considered as implying that Congress will at a later dale appropriate funds sufficient to meet deficiencies. Nothing in this Lease may be construed
or interpreted to obligate the Government to any current or future expenditure of funds in advance of, or in excess of, the availability of appropriations.
nor does this Lease obligate the Government to spend funds for any particular project or purpose, even if funds are available.
5.05 SOVEREIGN IMMUNITY
Nothing in this Lease constitutes or can be construed as a waiver of sovereign immunity.
5.06 NO PRIVATE RIGHT OR BENEFIT CREATED
The parties agree that this Lease is not intended and should not be construed to create any right or benefit, substantive or procedural, enforceable at
law by an outside party against either the Lessor or the Government,
LEASE NO. HSBP-7123-L-DA1448, PAGi 16 LESSOR: 0 GOVERNMENT: DHH Modified GSA FORM L201D (10121)
EXHIBIT A
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Exhibit C
System for Award Management SAM Request for Lease Dated
ADDENDUM to the S
Y 9 (SAM) Proposals Number
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions HSBP-7123-L-DA1448 11/17/2023
of Leasehold Interests in Real Property)
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE. The "Offeror, " as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self -storage (#531130), land (#531190), or residential
(#531110),
(2) The small business size standard is 38.5 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 furnish a product which
it did not itself manufacture, is 500 employees.
(b) The System for Award Management (SAM) is a centrally located, searchable database which
assists in the development, maintenance, and provision of sources for future procurements. The
Offeror, by signing this addendum, hereby certifies he is registered in SAM.
[ X ] Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government, or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is [ ] is not [X] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
INITIALS: \, & DHH
LESSOR GOVERNMENT
GSA FORM 3518-SAM PAGE 1 (04/15)
Exhibit C
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is [ ] is not [X] a corporation that was convicted, or had an officer or agent of the
corporation acting on behalf of the corporation, convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
OFFEROR OR NAME. ADDRESS (INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED yam,
REPRESENTATIVE M Or N CA
9*1 806.113- 341
INITIALS: ` _ &
LESSOR
A1..1
GOVERNMENT
GSA FORM 3518-SAM PAGE 2 (04/15)
EXHIBIT D
HSBP-7123-L-DA1448
Representation Regarding Certain Telecommunications and Video Surveillance Services
or Equipment
See instructions within the representation regarding whether or not completion of this form is
required If required, complete appropriate boxes, sign the form, and return form, along with any
other required disclosure information, to L CO or his/her designee.
NOTE. The "Offeror, " as used on this form, is the owner of the property offered, not an
individual or agent representing the owner.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment (Aug 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the
Offeror has represented that it "does not provide covered telecommunications equipment or
services as a part of its offered products or services to the Government in the performance of any
contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered
Telecommunications Equipment or Services Representation, or in paragraph (v) of the
provision at 52.212-3, Offeror Representations and Certifications -Commercial Items.
(a) Definitions. As used in this provision
Backhaul, covered telecommunications equipment or services, critical technology,
interconnection arrangements, reasonable inquiry, roaming, and substantial or essential
component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August
13, 2020, from entering into a contract or extending or renewing a contract with an entity that
LESSOR: Y GOVERNMENT: DHH Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08120)
Page 1
EXHIBIT D
HSBP-7123-L-DA1448
uses any equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. This prohibition applies to the use of covered telecommunications equipment or
services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to
(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https: www.sam.gov) for entities excluded from receiving federal awards
for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that
(1) It c will, c will not provide covered telecommunications equipment or services to the
Government in the performance of any contract, subcontract or other contractual instrument
resulting from this solicitation. The Offeror shall provide the additional disclosure information
required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of
this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror
represents that
It; i does, j does not use covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this
section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If
the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the
Offeror shall provide the following information as part of the offer:
(i) For covered equipment
(A) The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the original
equipment manufacturer (OEM) or a distributor, if known);
LESSOR:} GOVERNMENT: DHH Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08120)
Page 2
EXHIBIT D
HSBP-7123-L-DA1448
(B) A description of all covered telecommunications equipment offered (include
brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and
any factors relevant to determining if such use would be permissible under the prohibition in
paragraph (b)(1) of this provision.
(ii) For covered services----.,.
(A) If the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the
service being provided; and explanation of the proposed use of covered telecommunications
services and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror
has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall
provide the following information as part of the offer:
(i) For covered equipment -
(A) The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a
distributor, if known);
(B) A description of all covered telecommunications equipment offered (include
brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and
any factors relevant to determining if such use would be permissible under the prohibition in
paragraph (b)(2) of this provision.
(ii) For covered services --
(A) if the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); or
LESSOR: N�v GOVERNMENT: DHH Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV 108120)
Page 3
EXHIBIT D
HSBP-7123—L—DA1448
(B) If not associated with maintenance, the PSC of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant
to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this
provision.
(End of provision)
OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE)
LEGALLY
AUTHORIZED
REPRESENTATIVE
1.u►1c�p,p�.'`'ki��1�
Signature
TELEPHONE NUMBER
L ry.
31
LESSOR: �` GOVERNMENT: DHH Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08124)
Page 4
Exhibit F
Resolution No.2023-RO236 HSBP-7123-L-DA1448
U.S. Customs and
Border Protection
U. S. CUSTOMS AND BORDER PROTECTION (CBP)
MEMORANDUM OF AGREEMENT TO REIMBURSE CBP
This Memorandum of Agreement ("MOA") outlines the agreement between the below named
Lubbock Preston Smith International Airport(LBB) City of Lubbock (City or Sponsor) and CBP
in regards to the sponsor's responsibility to reimburse CBP for costs related to providing
communications and information technology (IT) equipment and services required at the below
named location. The legal authority for CBP to enter into and require such an agreement is
found at 8 U.S.C. §§ 1223-1224, 1356(a); 19 U.S.C. §§ 1459, 1461,1499,1524,1644a; 8 C.F.R.
Part 234;19 C.F.R. Part 122.
Airport Owner/Operator: Lubbock Preston Smith International Airport(LBB)/City of
Lubbock S onsorj
Location: Lubbock. Texas
jAIRPORT OWNER/OPERATOR'Sl RESPONSIBILITIES
Data and Cabling
LBB is responsible for the procurement and installation of all data cabling and electrical
components required for connectivity of systems and equipment, according to CBP Office of
Information Technology (OIT) provided specifications. LBB is required to provide a two week
advanced notice of all cable pulls to allow CBP to observe installation.
Reimbursement of Equipment and Recurring Cost
LBB agrees to reimburse CBP for all equipment and connectivity costs, including installation,
maintenance, and recurring costs, at the Lubbock Preston Smith International Airport. Current
estimated equipment costs total $81,700.39. The estimated annual recurring costs are
$19,608.60. CBP OIT's Cost Estimate titled "LUB033A-OFO-23130C" is attached.
LBB will be billed the actual costs for the equipment identified in CBP OIT's Cost Estimate
CSO##LBB-033A-OFO-23130C, along with any outstanding reimbursements due from any
previously executed agreement(s). Recurring out -year network circuit charges, and the cost of
any necessary replacement equipment not covered under warranty, will also be billed to LBB.
EEguipment Upgrades
Upgrades to CBP required equipment and connectivity may be required on a schedule determined
by CBP (approximately every 3-5 years, as needed). LBB is responsible for the cost of required
upgrades. CBP will provide LBB a minimum of 180 days advance notice of any required upgrades.
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LESSOR GOVERNMENT
Exhibit F
HSBP-7123-L-DA1448
Payment Process
A copy of this signed agreement will be forwarded to the CBP National Finance Center (NFC).
Upon receipt and installation of all equipment, the NFC will issue LBB a bill for the actual
equipment costs not to exceed $81,700.39, as detailed in CBP OIT Cost Estimate, LBB-033A-
OFO-23130C. The CBP NFC will bill LBB 90-days prior to the due date for recurring out -year
network and connectivity charges owed, along with any sums owed for replacement equipment
not covered by manufacturer warranties.
Pursuant to 19 C.F.R. § 24.3a, any amounts due CBP under the terms of this agreement that are
more than 30 days past -due will begin accruing interest charges based on U.S. Treasury
borrowing rates and may ultimately be referred for collection.
Accounts Payable Information
Tax Identification Number: 756-00-0590
Bill To Representative: Jay Patel
Phone Number: 775-3139
Email Address: i2atel(dmylubbock.us
Address: 5401 N Martin L Kina Blvd, Lubbock, TX 79403
Equipment Ownership
CBP will retain possessory ownership of all equipment used in CBP operations until CBP
vacates the premises. CBP will transfer the equipment reimbursed by LBB when CBP vacates
the premises. Within two months (60-days) of installation and reimbursement, CBP OIT will
deliver a list of serial numbers and/or other 'identification and warranty information for LBB
reimbursed equipment to the point of contact listed below.
Equipment Administrator: Jay Patel
Email Address: ioatelrmylubbock.us
Phone Number: iSO61775-3139
Ship to Address: 5401 N Martin L King Blvd, Lubbock, TX 79403
U.S. CUSTOMS AND BORDER PROTECTION CBP RESPONSIBILITIES
Equipment Connectivity and Maintenance
CBP OIT will be responsible for ordering and installing required circuit, data equipment, and
connection(s) from LBB to the CBP National Data Center. CBP is also responsible for imaging,
maintaining, and controlling all equipment listed in the attached CBP OIT Cost Estimate,
CSO#HIA-008A-OFO-23097C. LBB will incur no CBP OIT charged service fees for any
equipment maintenance/repair-'replacement covered by CBP procured equipment warranties.
Page 2 of 3
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Exhibit F
HSBP-7123-L-DA1448
Data Ownership
All data entered and or stored in any manner on the equipment covered by this MOA shall
belong to the United States and is confidential and mg tWed information. It is CBP's
responsibility to properly remove data before possession of any equipment is transferred to LBB
In the event data inadvertently remains on any equipment after transfer. LOB shall keep the
information confidential and immediately notify COP so that COP can remove the data.
AMORIZAT! N (TWO ORIGINALS wIFH SIGNATURES ARE REQUIRED)
Authorized sentative
The signatory to this MOA represents and warrants that he or she is a duly authorized
representative of LBO, with full power and authority to enter into this MOA and to bind LBB
with regard to all matters relating to this agreement.
Agreement to these terms is attested by the signatures below.
L,/'dl% 4102023
Kelly Campbell Email Address Date
Executive Dinectof of Aviation
RAUL H ORONA cam `"~�""" 4111/2023
6r�,pw wua �tv %
Raul H. Orona Email Address Date
(Acting) Area Port Director, Dallas Fort Worth
Office of Field Operations, Houston Field Office
U.S. Customs and Border Protection
EXECUTED this 9th day of _ May , 2023.
THE CITY CK, CITY
Tray P yor
A EST:
CobAney Paz, City sec terry - —
Date: _ May 9, 2023
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LESSOR GOVERNMENT
Exhibit F
Resolution No. 2023-R0236H S B P-712 3-L-DA 1448
Item No. 6.16
May 9, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a Memorandum of Understanding by and between the City
of Lubbock and U.S. Customs and Border Protection (CBP), to reimburse CBP for costs related
to providing Communications and Information Technology (IT) equipment and services at the
Lubbock Preston Smith International Airport, and related documents. Said Memorandum of
Understanding is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on May 9, 2023
sg��
TRAY OR
ATT ST:
Couhnejftz, City Secrdff�r_
APPROVED AS TO CONTENT:
Kelly CaYnpbell, Executive Director of Aviation
APPROVED AS TO FORM
AsAiwt City Attorney
ccdocs(RESNOU-U.S. Customs
April 11, 2023
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Exhibit F
HSBP-7123-L-DA1448
U.S.us oms and Border Protection
Office of Information & Technology
Cost Sign -Off Document*
(*Actual costs will be derived from actual obligations)
This is a Rough Order of Magnitude Estimate.
Final costs will be determined once the network designs are completed
e o e:
eName: Lubbock
e ress: GZOZ N In ers a e u oc ,
ate Prepared:
reparer: Tracey Marbury
Equipmerif and Service Costs
Data Equipment Costs (OCC-31)
Line
Qty
Unit Cost
Total
Item
Description
10
Duplex Inge e r p ,c Cable - Yellow
2
$50.00
$100.00
BRAND NAME or EQUIVALENT
20
3M LC -LC 91125 OS2 Duplex Sing a -Mode PVC Fiber Optic Cable - Yellow
1
$45.00
$45.00
(BRAND NAME or EQUIVALENT)
30
t stop - im me orm Factor
40
elt 24" Touch Monitor - or
on'tor and Built-in Speakers or
4
$226.00
$900.00
EQUIVALENT
60
Logitech C920e Pro WebCam w15' Cable (BRAND NAME or
2
$150.00
$300.00
EQUIVALENT)
70
nteg rated Biometrics; Kolak I O-Print Scanner w rac et (B AND NAME or
1
$1 500 00
$1,500.00
EQUIVALENT)
80
M Passport Reader Model AT9000MK2 (BRAND NAME or EQUIVALENT)
2
$2,500.00
$5,000.00
1 go
SLIK Mini Pro V Tripod with 2-Way ParVTill Head - Black (BRAND NAME
1
$30.00
$30.00
or EQUIVALENT
100
SnakeClamp Camera Mount Adapter (BRAND NAME or EQUIVALENT)
1
$20.001
$20.00
110
SnakeClamp Y x ountmg Plate or Camera or
1
$20.00
$20.00
EQUIVALENT)
120
na a amp ex Arm tor Camera, Chrome or
1
$20.00
$20.00
EQUIVALENT)
P -u et ou a urge uppressor or
4
$1600
$64.00
EQUIVALENT)
F40130PC
a es To Go 7'Cat6 55OMHz Blue Patch Cable. per Cable
q
$10 00
$40.00
NAME or EQUIVALENT
1150
0MHz Blue Patch Cable: per Cabe (BRAND
Cables To Go 3' Cat6 iNAME
I 4
$7.00
$28.001
or EQUIVALENT)
160.IPatch
Cable - 3tt - Cat6a Snagless Unshielded (UTP) Ethernet Network
4
$10.00
$40.00
Patch Cable - Yellow
170
Patch Cable - 14tt - Cat6a Snagless ns ie ( t me Network
4
$16,00
$64.00
Patch Cable - Yellow
180
190
200
15% Cost Contingency for Equipment
1
1 $2,02OZ51
$2 020.65
Total Data Equipment Costs: $15 4S1.S5
Network Equipment Costs (OCC-31)
ziu
ou er jup to IOU Mtsps),
StacKable Access SIMIch (withm ig$15,236,00
ouWanaged IWOOr
56,072.001
LTNOTManaged Outdoor AP
1
—TF54TW
$2,346.00
Single Mode
Cost Contingency for Equi5ment
Total Network Equipment Costs: $41.385.05
Voice Equipment Costs (OCC-31)
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Exhibit F
HSBP-7123-L-DA1448
Line
Item
Description
Oty
Unit Cost
Total
270
Crestron Flex 10 in. Video Desk Phone with Handset for Microsoft Teams
Software TAA
3
$850.00
$2,550.00
280
Microsoft Teams License for GCC - Common Area Phone/Shared Device
rAnnual Recurrin2 Cosl
3
$75.48
$226.44
290 IMicrosoft.
Teams Calling Plan - Domestic Only Annual Recumn Cost
3 1
$126.72
$300.16
300
310
15%Cost Contingency for Equipment
1 1
$473.491
$473.49
Total Voice Equipment Costs $3 630.09
BSDP Equipment Costs (OCC-3
320 IThere
are no BSDP costs associated with this request 1
$0.001
$0.00
330
15% Equipment Contingency Costs I
1
$0.001
$0.00
Total BSDP Equipment Costs: $0.00
Tactical Communication TACCOM Equipment Costs 0CC-31 :
340
1 There are no TAC COMM equipment costs associated with this request
0 1
$0.001
$0.00
350
15%Cost Contingency for r Equipment I
1
$0.001
$0.00
Total Communication Equipment Costs: $0.00
TOT $60 506.79
Service Costs
Circuit Costs (OCC-23)
360
Coba 100M JCP new Circuit installation
0
1 $495 00
$495.00
370
Coba 100M ICP Annual Recurring Costs
12
$1,137.58
$13.650.96
380
Potential Estimated LEC Special Construction
1
$5.000 00
$5,000.00
390
15% Cost Contingency for Tax ! USF
1
1 $2.047 64
$2 047.64
Total Circuit Costs: $21.193.60
BSDP Services Costs OCC-25
400
There are no BSDP Services costs associated w th this re uest
$0.00
$0.00
410
420
430
440
15%Service Costs
Total BSDP Contract Services Costs: $0.00
TACCOM Service Costs (OCC-25)
450 IThere are no TACCOM Service costs associated with this re nest $0.001 $0.00
Total Tactical Communication Services Costs: $0.00
Government Travel (OCC-21)
460 IThere are no Travel costs associated with this request 1 $0.001 $0.00
Total Government Travel Costs: $0.00
TOTAL 5ER I E S: $29 193.60
TOTAL ESTIMATED INITIAL EQUIPMENT AND SERVICES COSTS 81 MU9
Out Year Recurring Service Costs
Circuit Recurring Costs (OCC-23)
470
lCoba 100M ICP Annual Recurring Costs
L 12
1 $1,137,581
$13.660.96
480
15% Cost Contingency for Tax USF
I 1
1 $2.047.64
$2 047.64
Total Recurring Circuit Costs: $15 698.60
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Exhibit F
HSBP-7123-L-DA1448
Line
Item
Description
pry
Unit Cost
Total
Network Equipment Service Costs (OCC-25)
490 A outer (Up to 100 Mbps) Mamtenarice Annual Recurring Costs 1 $1,290.00
$1,290.00
500 24 port Stackable Access Switch (with t2 mE;ig)M1,aintenance Annual 1 $2 060 00
$2,060.00
Recurring Costs
510 loud anaged Indoor AP Mamlenance Annual ecurnny osts 3 $140 00
$420.00
520 Cloud Man?Led Outdoor AP Maintenance Annual Recurring Costs_ 1 $140.00
$140.00
Total Recurring Network Service Costs:
i3,910.00
BSDP Service Costs (OCC-25)
530 IThere are no BSDP 08M costs associated with this request $0.001
$0.00
Total Recurring BSDP Service Costs:
$0.00
TACCOM Annual Operation and Maintenance Costs (OCC-25)
540 IThere are no TACCOM Service costs associated with this request 1 0 1 $0.001
$0.00
Total Recurring TACCOM Service Costs:
$0.00
TOTAL ANNUAL RECURRING COSTS
$19,608.60
NOTE: The Off Cost Sign -Ott Document and the associated estimated costs listed above expires 90
days from the above Date Prepared or at the end of the Governments current fiscal year, whichever
comes first, After such time, a new OIT Cost Sign -Off Document is required.
Acceptance
By signing below, I accept any and all costs associated with the purchase and Installation of
equipment itemized above.
Authority Signature: Date:
Lci
Authqrity Prl Name:
PhonelE_m I Address:
is .I
OIT REFERENCE Number: L 033A•OFO-23130C
Document Expiration Date: 05/3112023
DH
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LESSOR GOVERNMENT