HomeMy WebLinkAboutResolution - 2014-R0273 - Lease Agreement - USDOT FAA - Office Space For FCWOS - 08/28/2014RESOLUTION
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 the Limited States of America, by and through the United States Department of
Transportation, Federal Aviation Administration, for office space to be used in connection with
the Federal Contract Weather Observation Station (FCWOS), 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.
I Passed by the City Council on August 28, 2014
ERTSON, MAYOR
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
Aim fj
Kelly Campbell, Executive Director of Aviation
APPROVED AS
Assistainl City Attorney
RES.Lease Agnnt-FAA (1 CWOS)
6.23. 2014
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SMALL SPACE LEASE
Lease No: DTFACN-I5-L-00013
(LBB) FCWOS
Lubbock, Texas
1. THIS LEASE (9/98), entered into by and between CITY OF LUBBOCK, TEXAS
whose interest in the property hereinafter described is that of OWNER, hereby referred to
as LESSOR, and the UNITED STATES OF AMERICA, hereinafter referred to as the
GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration
hereinafter mentioned, covenant and agree as follows:
2. DESCRIPTION (10/96) - The Lessor hereby leases to the Government the following
described premises:
Approximately 192 net usable square feet of office space in the Executive Terminal
building located on the east side of the Lubbock International Airport, Lubbock, Texas.
The space is further described by drawing designated Exhibit "A" attached hereto and
made a part of this lease.
3. TERM (1/01) - To have and to hold, for the term commencing on October 1, 2014 and
continuing through September 30, 2019 inclusive, PROVIDED, that adequate
appropriations are available from year to year for the payment of rentals.
This lease succeeds Lease No: DTFASW-09-L-00038, which expires on September 30,
2014.
4. HOLDOVER - If after the expiration of the lease, the Government shall retain
possession of the premises, the lease shall continue in force and effect on a month-to-
month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a
prorated basis, at the rate paid during the lease term. This period shall continue until the
Government shall have signed a new lease with the Lessor, acquired the property in fee,
or vacated the leased premises.
S. CANCELLATION (8/02) -The Government may terminate this lease at any time, in
whole or in part, if the Real Estate Contracting Officer (RECO) determines that a
termination is in the best interest of the Government, on or after October 1, 2014 by
giving at least 30 day notice in writing to the Lessor. No rental will accrue after the
effective date of termination. Said notice will be computed commencing with the day
after the date of mailing.
6. RENTAL (10/96) - Rent in the amount of $1,752.00 per annum will be payable at a
rate of $146.00 per month to the Lessor in arrears and will be due on the first workday of
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Lease No. DTFACN- 15-L-00013
(LBB) FCWOS
Lubbock, Texas
each month, without the submission of invoices or vouchers. Subject to available
appropriations. Rent will be considered paid on the day an electronic funds transfer is
made. Rent for a period of less than a month will be prorated. Checks will be made
payable to:
7. SERVICES AND UTILITIES - (To be provided by Lessor as part of rent. Services
will be Building Standard, unless level of service is prescribed elsewhere in the lease.)
(10/96)
Services, utilities, and maintenance will be provided 24 hours a day, and seven days a
week. Services supplied to technical equipment will be supplied 24 hours a day, and
seven days a week. The Government will have access to the leased premises at all times,
including the use of electrical services, toilets, lights, elevators, and Government office
machines without additional payment.
ELECTRICITY
WATER (hot & cold)
SNOW REMOVAL
TRASH REMOVAL - Daily
CHILLED DRINKING WATER
HVAC 68 to 74 DEG. F
DAILY TOILET SUPPLIES & CLEANING
DAILY JANITORIAL SERV. & SUPPLIES - Daily dusting.
GROUND MAINTENANCE
WINDOW WASHING Frequency washed twice yearly.
CARPET CLEANING - Frequency daily vacuuming and shampooed twice yearly.
INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS
EXTERIOR & INTERIOR DOOR LOCKS AND HARDWARE - Designed to accept 7 -
pin removable cores manufactured "Best Lock", which will be supplied by the
Government.
CARPET REPLACEMENT- Includes moving and return of furniture when replacing
carpeting every 8 years or when the following happens:
1) Backing or underlayment is exposed.
2) There are noticeable variations in surface color or texture.
Utilities Not Provided by the Lessor f 10/96)
If the cost of utilities is not included as part of the rental consideration, the LESSOR must
specify which utilities are excluded. The Lessor will provide separate meters for utilities
to be paid for by FAA. When FAA is to pay for utilities, the LESSOR will furnish the
RECO, prior to occupancy by the FAA, written verification of the meter numbers and
certification that these meters will measure FAA usage only. Proration is not permissible.
If the cost of utilities for heating, ventilation, and air conditioning is not included as part
of the rental considerations, an automatic control system will be provided to assure
compliance with heating and air conditioning provisions included in this specifications
package.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595 Pg. 2
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
8. GENERAL CLAUSES:
a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is
partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions are found to exist so that the leased premises is untenantable as
determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in
whole or in part, immediately by giving written notice to the LESSOR and no further
rental will be due.
b. MAINTENANCE OF THE PREMISES (10/96) - The LESSOR will maintain the
demised premises, including the building, grounds, and all equipment, fixtures, and
appurtenances furnished by the LESSOR under this lease, in good repair and tenantable
condition.
c. FAILURE IN PERFORMANCE (10/96) - In the event the LESSOR fails to perform
any service, to provide any item, or meet any requirement of this lease, the
GOVERNMENT may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The GOVERNMENT may deduct any costs incurred
for the service or item, including administrative costs, from the rental payments. No
deduction of rent pursuant to this clause will constitute default by the GOVERNMENT
on this lease.
d. ACCESSIBILITY (10/06) - The Building and the leased premises shall be accessible
to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation
Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41
CFR Parts 102-71, 102-72, et al, and all applicable state and local accessibility laws and
regulations.
e. CONTRACT DISPUTES (11/03) - All contract disputes and arising under or related to
this lease contract will be resolved through the Federal Aviation Administration (FAA)
dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA)
and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are
hereby incorporated by reference. Judicial review, where available, will be in accordance
with 49 U.S.C. 46110 and will apply only to final agency decisions. A LESSOR may
seek review of a final FAA decision only after its administrative remedies have been
exhausted.All Contract Disputes will be in writing and will be filed at the following
address: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation
Administration, 800 Independence Avenue, S.W., Room 323,Washington, DC 20591,
Telephone: (202) 267-3290,
Facsimile: (202) 267-3720
A contract dispute against the FAA will be filed with the ODRA within two (2) years of
the accrual of the lease contract claim involved. A contract dispute is considered to be
filed on the date it is received by the ODRA.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 3
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
The full text of the Contract Disputes clause is incorporated by reference. Upon request
the full text will be provided by the RECO.
f. LESSORS SUCCESSORS (10/96) - The terms and provisions of this lease and the
conditions herein bind the Lessor and the Lessor's heirs, executors, administrators,
successors, and assigns.
g. NO WAIVER (10/96) - No failure by the Government to insist upon strict performance
of any provision of this lease, or failure to exercise any right, or remedy consequent to a
breach thereof, will constitute a waiver of any such breach in the future.
h. The following clauses are incorporated by reference: Upon request the full text will be
provided by the RECO.
DEFAULT BY LESSOR (10/96)
COMPLIANCE WITH APPLICABLE LAWS (10/96)
OFFICIALS NOT TO BENEFIT (10/96)
COVENANT AGAINST CONTINGENT FEES (8/02)
ANTI -KICKBACK (10/96)
EXAMINATION OF RECORDS (10/96)
ASSIGNMENT OF CLAIMS (10/96)
SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (1/14)
INTEGRATED AGREEMENT (10/96)
EQUAL OPPORTUNITY (10/96)
AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (10/96)
AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96)
SEISMIC SAFETY FOR EXISITING BULDINGS (10/12)
SYSTEM FOR AWARD MANAGEMENT — REAL PROPERTY (1/13)
PAYMENT BY ELECTRONIC FUND TRANSFER (10/06)
9. ATTACHMENTS (8/02) -
Attachment A
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 4
Lease No. DTFACN-1S-L-0001.3
(1.138) FCWOS
Lubbock, 'rexas
IN WITNESS WHERE01', the parties liereto have signed llleir nanlcs:
NAME AND TITLE OF
LESSOR/OWNER
City of Lubbock, Texas
SIGNATURE OF OWNER
Glen C. Robertson, Mayor
TE
TI 115 DOCUMENT IS NOT BINDING OIC ITIE GOVERNMENT OF THE UNI•rED
STATES OF AMERICA
`UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER,
NAME OF REAP. ESTATE SIGNATURE OF REAL DATE
CONTRACTING OFFICER ESTATE CONTRACTING
1OFFICER
Jana C. Blanco I
MUNICIPAL CERTIFICATE
If•agrecinent is made with a State, County, Municipality or ether public authority, the
following certificate shall be executed by an authorized official:
I, Rebecca Garza
the City Secretary (title) of' tile
(flame) certify that I ain
City of Lubbock
named in the foregoing agreement, that G1 en C. Robertson
signcd said agreement on behalfofsaid Public aUtllorlty and was then Mayor
. who
of that Public Authority and said agreement was duly signed Cor and in hehalf of'said by
authority of its governing body, and is %within the scope of its powers.
Dated this stay of _ -., in the ycar 201.x.
9�f
e)
2.6.9 Small Space Lease Forin
l lltu,tr�
2O14
APPROVED AS TO CONTENT:
Kelly Ca npbell, A.A.E.
Executive Director of Aviation
APPROVED AS TOFORM:
AI&
d+ �....�F-•ice//�'�/
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Lease No. DTFACN-I5-L-00013
(LBB) FC WOS
Lubbock, Texas
Pg. 5a
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
ATTACHMENT A
for Small Lease
Lease Number
No: DTFACN- I 5-L-000 13
I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
A1 -General Health and Safety Standards (8102,)
Local Health, Environmental (OSHA and EPA), and Safety Standards and Building
Codes will be complied with when accomplishing any cleaning, construction, renovation,
remodeling, maintenance or testing done in the leased premises and areas connected to or
integrated with the leased premises. Whenever FAA Standards require work processes or
precautions to be provided, the LESSOR will coordinate with the FAA during the work
so that proper requirements are met.
II. SECTION B - SAFETY AND FIRE PREVENTION
B1 -Fire and SafetyRecJ. uirements 4112)
The facility, its systems and appurtenances must be in compliance with the following fire
protection and life safety requirements (FLS):
1. State and local building codes in affect at the time of construction or most recent
modification, whichever is later.
2. State and local fire safety and fire prevention codes.
3. National Fire Protection Association, Life Safety Code (NFPA 101), latest edition
at the time of lease signing.
4. All Occupational Safety & Health Administration requirements including 29 CFR
1910 and 29 CFR 1960, and their associated agreements.
Where compliance with the literal requirements of these standards has not been achieved,
the Lessor must document, in writing to the FAA , the specific deviation(s) from these
standards and what alternative methods have been employed by the Lessor and accepted
by the local jurisdiction (where applicable), as an alternative method of compliance.
Furthermore, where alternative methods of compliance are used in lieu of literal
compliance with the FLS requirements listed herein, the approach shall be documented
by a Fire Protection Engineer and presented to the FAA for review and concurrence.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 6
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
The specific list of requirements identified in items C1 (1 through 4 above) includes:
1. Federal Aviation Administration Order including:
a. FAA Order 3900.19B, FAA Occupational Safety and Health Program
2. FLS Codes Promulgated by the International Code Congress including:
a. International Building Code
b. International Fire Code
c. International Mechanical Code
3. National Fire Protection Association Codes & Standards including:
a. NFPA 10: Standard for Portable Fire Extinguishers
b. NFPA 13: Standard for the Installation of Sprinkler Systems
c. NFPA 14: Standard for the Installation of Standpipe Systems
d. NFPA 20: Standard for the Installation of Stationary Fire pumps
e. NFPA 24: Standard for the Installation of Private Fire Service mains and
Their Appurtenances
f. NFPA 70: National Electrical Code
g. NFPA 72: National Fire Alarm and Signaling Code
h. NFPA 75: Standard for the Protection of Information Technology Equipment
i. NFPA 90A: Standard for the Installation of Air -Conditioning and Ventilating
Systems
j. NFPA 92: Standard for Smoke Control Systems
k. NFPA 101: Life Safety Code
1. NFPA 110: Standard for Emergency and Standby Power Systems
4. Occupational Safety & Health Administration regulations including:
a. OSHA 29 CFR 1910, Occupational Safety and Health Standards (including
Subpart E, Exit Routes and Emergency Planning, & Subpart L, Fire Protection
b. OSHA / FAA Agreement titled FAA Alternate Standard for Fire Safety in
Airport Traffic Control Towers, (1998 signature date) (a.k.a. 1960.20)
As provided in this section, all codes, standards, orders and directives refer to the current
edition in place at the signing of this lease. If construction or modifications to the leased
premises are undertaken at any time during the term of this Lease, all fire protection and
life safety systems must be brought into compliance according to the then -current edition
of NFPA and local codes and standards.
The building shall, as required by applicable codes, be equipped with automatic
sprinklers which conform to NFPA No. 13; be maintained by the Lessor in accordance
with NFPA No. 25 ; be electrically supervised and monitored; and shall have water -flow
alarm switches connected to automatically notify the local fire department or central
station (NFPA No. 72). Notification of the fire department or central station shall be
accomplished through the building fire alarm system. Regardless of local code
requirements, when the leased space (including garage areas under lease by the FAA) is
on the 6th floor and above, or below grade, sprinklers are required. Furthermore, leased
buildings serving National Airspace System (NAS) air traffic control operations and
constructed after June 2012, shall be fully protected with an automatic, electrically
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595 Pg. 7
Lease No. DTFACN- 15-L-00013
(LBB) FCWOS
Lubbock, Texas
supervised sprinkler system designed and installed in accordance with the requirements
of NFPA 13.
A manual fire alarm system must be provided, maintained, and tested by the Lessor in
accordance with NFPA Standard No. 72 (National Fire Alarm and Signaling Code) under
the following circumstances:
1. Occupancy of the space is by 10 or more persons, or
2. Space is more than 1000 square feet in area, or
3. Building is three (3) or more stories in height, or
4. Building contains more than 50,000 square feet gross floor area.
The fire alarm system wiring and equipment must be electrically supervised and equipped
with an automatic fire department notification system, and must conform to NFPA
Standards No. 70 and 72. Engineered smoke control systems, if present, shall be
maintained in accordance with the manufacturer's recommendations and must meet
performance requirements of NFPA 92.
Fire -safety mechanisms, equivalent to the requirements stated above in this clause, may
be accepted, at the discretion of the RECO, if certified by a Professional Fire Protection
Engineer, licensed in the subject property's state.
Portable fire extinguishers matching the hazards accommodated by the lease must be
provided, inspected, and maintained by the Lessor in accordance with NFPA Standard
No. 10.
When the leased space is located in multi -tenant buildings, the Lessor shall be fully
responsible for:
1. Development of a building Emergency Action Plan (EAP) and Fire Prevention
Plan (FPP)
2. Publishing and making copies of the EAP and FPP available to all FAA leased
space occupants
3. Conducting fire evacuation drills, at least annually
4. Conducting review and modification of the EAP and FPP at least annually
5. Inviting FAA representation in development, review and modification of the EAP
and FPP
The FAA facility manager shall be responsible for the development of the tenant specific
EAP and FPP for their lease space and in single tenant buildings.
132 -Halon (4112)
Flalon must not be used as a fire extinguishing system in any FAA leased space.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 8
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
133 -Indoor Air Quality (4/12)
The Lessor shall control contaminants at the source and/or operate the space in such a
manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and
formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as
follows: CO -9 parts per million (PPM) time weighted average (TWA - 8 -hour sample);
CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels
in leased space will be kept below appropriate OSHA regulations or Consensus
standards, whichever is stricter. Air quality and facility cleaning will be adequate to
prevent the growth of mold, mildew and bacteria. Any visual evidence of these will
require immediate sampling and remediation. Moisture/standing water will be controlled
to prevent the growth of these.
During working hours, ventilation shall be provided in accordance with the latest edition
of ANSI/ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality.
The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall
implement controls including alteration of building operating procedures (e.g., adjusting
air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is
responsible for addressing IAQ problems resulting from its own activities.
MSDS will be provided to the FAA facility manager as well as a copy sent to the RECO
for all cleaning solutions used in the FAA spaces.
84 - Electrical Safety (4/12)
The Lessor shall ensure electrical safety requirements are met, including grounding,
bonding, shielding, control of electrostatic discharge (ESD), and lightning protection
requirements, in accordance with:
1. 29 CFR 1910, Subpart S, Electrical
2. FAA Standard HF -STD -001, Human Factors Design Standard, Chapter 12.4,
Electrical Hazards
3. DOT Specification FAA-G-21OOH, Electronic Equipment, General Requirements
4. National Fire Protection Association (NFPA) 70, National Electrical Code
5. NFPA 70E, Electrical Safety in the Workplace
6. American National Standards Institute/Institute of Electrical and Electronics
Engineers (ANSI/IEEE) Standard 1100-2005, Recommended Practice for
Powering and Grounding Electrical Equipment
7. DOT Standard FAA -STD -019E, Lightning and Surge Protection, Grounding,
Bonding and Shielding Requirements for Facilities and Equipment
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 9
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
All hazards associated with electrical equipment shall be marked with labels indicating
the hazard, in accordance with FAA-G-2IOOH, Chapter 3.3.5.5, Markings, Signs, Tags
and Symbols.
The Lessor shall ensure that personnel are protected from arc flash hazards, in accordance
with NFPA 70E, Electrical Safety in the Workplace and that arc flash warning labels are
posted on affected panels, with warning labels meeting the requirements of American
National Standards Institute (ANSI) Z53, Series ofStandards for Safety Signs and Tags.
B5 — EOSH Requirements (4/12)
The Lessor shall provide space, services, and equipment that comply with the following:
1. 29 CFR 1910, Occupational Safety and Health Standards (General Industry)
2. FAA Order 3900.1913, FAA Occupational and Health Program
3. FAA Standard HF -STD -001, Human Factors Design Standard
4. National Fire Protection Association (NFPA) 70, National Electrical Code, and
NFPA 70E, Electrical Safety in the Workplace
5. Relevant fire codes and building codes
Any equipment used or otherwise provided by the Lessor or Lessor's contractors or
agents that presents a potential safety hazard shall be marked with appropriate warning
labels or placards, in accordance with 29 CFR 1910.145, Specifications for Accident
Prevention Signs and Tags, FAA HF -STD -001, Human Factors Design Standard,
Chapter 12.16, Safety Labels and Placards, and American National Standards Institute
(ANSI) Z535.4, Product Safety Signs and Labels.
All equipment described herein shall be designed and installed to be free of mechanical
hazards that may injure personnel (sharp projections, unguarded moving parts, etc.), in
accordance with FAA -G -2100H, Electronic Equipment, General Requirements, Section
3.3.5.4.
B6 — Fall Protection (4/12)
The Lessor shall ensure proper fall protection safety systems (railings, toe boards, etc.)
are in place for all work areas where FAA personnel are required to perform work at four
feet or more above the next lowest level (platforms, catwalks, etc.), in accordance with
FAA Order 3900.19B, FAA Occupational Safety and Health Program, Chapter 10, 29
CFR 1910, Occupational Safety and Health Standards (General Industry), and 29 CFR
1926, Safety and Health Regulations for Construction.
B7 — Hazardous Materials (4/12)
The facility and equipment provided by the Lessor shall minimize the use of lead and
mercury, in accordance with FAA Order 1050. l OC, Prevention, Control, and Abatement
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 10
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
of FAA Environmental Pollution; be free of Class I ozone-depleting substances (DDSs),
HCFC -22, HCFC -141b, and HCFC -142b, in accordance with 40 CFR Part 82, Protection
of Stratospheric Ozone; and be free of polychlorinated biphenyls (PCBs), in accordance
with 40 CFR Part 761.
The Lessor shall ensure that FAA personnel are protected from asbestos hazards, in
accordance with 29 CFR 1910.100 1, Asbestos, and FAA Order 1050.20A, Airtvay
Facilities Asbestos Control Program.
B8 — Seismic Safety for Equipment (4/12)
The lessor shall ensure that building installed equipment is properly anchored to protect
personnel during a seismic event, in accordance with DOT Specification FAA-G-21OOH,
Electronic Equipment, General Requirements, Section 3.3.5, Personnel Safety and
Health, and requirements for the seismic zone in which the facility is located.
139 -OSHA Requirements (10/96)
The LESSOR will provide space, services, equipment, and conditions that comply with
Occupational Safety and Health Administration (OSHA) safety and Health standards (29
CFR 1910 and 1926).
B10 -Radon (10/96)
Radon levels in leased premises to the FAA will not equal or exceed the EPA action level
for homes of four (4 ) picocuries per liter (PCl/L). If radon levels are found to be at or
above 4 PCl/L, the LESSOR will develop and promptly implement a plan of corrective
action.
BI I -Refrigerants (8/02)
The LESSOR will identify which refrigerants are used in the HVAC systems in the
spaces covered by this lease. The lease will provide for use of refrigerants consistent with
EPA and ASHRAE requirements.
B 12 -Warranty Of Space (4/12)
A. Notwithstanding inspection and acceptance by the Government or any provision
concerning the conclusiveness thereof, the Lessor warrants that all space leased to the
Government under this contract, spaces above suspended ceilings in the leased space, air
plenums elsewhere in the building which service the leased space, engineering spaces in
the same ventilation zone as the leased space, public spaces and common use space (e.g.,
lobbies, hallways) will, at the time of acceptance and during the term of the lease
contract, comply with the asbestos containing material (ACM) and polychlorinated
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 11
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock,Texas
biphenyl (PCB) requirements of the Toxic Substance Control Act (TSCA). The RECO
shall notify the Lessor in writing of any failure to comply with asbestos requirements,
within 30 days after the discovery thereof. All construction by the Lessor is required to
comply with the OSHA regulations for Asbestos.
B. The leased premises shall be free of all asbestos -containing material, PCB's, Radon,
and other environmentally hazardous substances. If either ACMs or PCBs are found to be
in the leased space, the Government reserves the right to require the Lessor, at no cost to
the GOVERNMENT, to take whatever corrective action required by the Toxic Substance
Control Act, EPA regulations and state requirements. All facilities constructed prior to
1981 are to have an asbestos building survey conducted by a qualified inspector,
including a visual examination and bulk sampling. All ACM survey reports must be sent
to the RECO.
C. If the Lessor fails, after receipt of notice, to make correction within specified period of
time, the Government shall have the right to make the required correction and do any of
the following: a.) charge to the Lessor the costs occasioned to the FAA; b.) withhold the
costs from the rent; or c.) terminate the lease agreement. Any such termination of the
Lease pursuant to this provision shall be at no cost to FAA.
D. The rights and remedies of the FAA in this clause are not exclusive, and are in
addition to any other rights and remedies provided by law and under this contract.
E. Definitions.
1. "Acceptance", as used in this clause means the act of an authorized representative
of the Government by which the Government assumes for itself, or as an agent of
another, the leased premises as ready for occupancy or approves a portion of the
premises for occupancy in accordance with the provisions of this lease contract.
2. "Correction", as used in this clause, means (i) the removal, encapsulation or
enclosure of any friable asbestos materials found in the space leased to the
Government, spaces above suspended ceilings in the leased space, air plenums
elsewhere in the building which service the leased space, public spaces,
engineering spaces in the same ventilation zone as the leased space and common
use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor
shall adhere to the FAA's required post -asbestos -abatement air monitoring
program. (ii) With regard to non -friable asbestos materials in good condition, it
means the establishment and execution of a special operations and maintenance
program and an abatement plan, approved by the Government, to be implemented
from the time the materials are discovered through the remainder of the lease
term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in
accordance with EPA regulations, of any PCB equipment present in the building.
III. SECTION C MISCELLANEOUS
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595 Pg. 12
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
C 1 - Non -Restoration ( 10/96)
The FAA will have no obligation to restore and/or rehabilitate, either wholly or partially,
the premises under this lease. It is further agreed that the FAA may abandon in place any
or all of the structures, improvements and/or equipment installed in or located upon said
property by the FAA during its tenure. Notice of abandonment will be conveyed to the
LESSOR in writing.
C2 - Occupancy Permit (8/02) - The premises offered will have a valid Occupancy
Permit, issued by the local jurisdiction, for the intended use of the Government, or the
Offeror will complete and provide a certified copy of "FAA Safety & Environmental
Checklist" form, in lieu of an occupancy permit, at the contracting officers discretion.
The leased premises, all accesses to the leased premises, building operations, equipment,
services, or utilities furnished by the LESSOR, and activities of other occupants, will be
free of safety, health, and fire hazards. When such hazards are detected, they must be
promptly corrected at the LESSOR's expense.
C3 - Hold Harmless (10/96) — In accordance with and subject to the conditions,
limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended
(28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to
persons damaged by any personal injury, death or injury to or loss of property, which is
caused by a negligent or wrongful act or omission of an employee of the Government
while acting within the scope of his office or employment under circumstances where a
private person would be liable in accordance with the law of the place where the act or
omission occurred. The foregoing shall not be deemed to extend the Government's
liability beyond that existing under the Act at the time of such act or omission or to
preclude the Government from using any defense available in law or equity.
C4 - Recycling (1/12) - Where State or local law, code, or ordinance requires recycling
programs (including those for mercury containing lamps) for the space to be provided,
the Lessor shall comply with such State and/or local law, code, or ordinance, to the extent
practicable, and provided that any such law, code, and/or ordinance is at least as stringent
as the requirements set forth under Federal law and in the immediately following
paragraph below.
In all other cases, the Lessor shall establish a recycling program for (at a minimum)
paper, corrugated cardboard, glass, plastics, and metals where local markets for recovered
materials exist. In addition, the Lessor shall provide an easily accessible, appropriately
sized (2 square feet per 1,000 square feet of building gross floor area) area that serves the
tenant space for the collection and storage of materials for recycling. Telecom rooms are
not acceptable as recycling space. The Lessor agrees, upon request, to provide the
Government with additional information concerning recycling programs maintained in
the building and in the leased space after lease execution.
IV. SECTION D SECURITY REQUIREMENTS
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 13
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
D1 -Facility Security (4/12)
Security requirements for Government occupied space must meet minimum -security
accreditation standards for the type of facility covered by this lease. The FAA Facility
Security Management Program defines facility security accreditation standard levels.
The security requirements identified below are tailored specifically for the type of facility
covered by this lease. The Lessor shall provide or make accommodation to provide for all
the security requirements listed herein for the leased premises covered by this lease
agreement:
Contact your local Servicing Security Element (SSE) at 817-222-5741 for a list of your
security requirements.
The local SSE will determine any additional security upgrades that are required to meet
accreditation and shall conduct a final security assessment of the building. The Lessor
shall provide maintenance services to the security upgrades installed by the Lessor within
the leased premises and covered under this lease.
D2 — Contractor Personnel Suitability Requirements (4/12)
A. This clause applies to the extent that this lease requires contractor employees,
subcontractors, or consultants to have unescorted access to FAA:
1. Facilities;
2. Sensitive information; and/or;
3. Resources regardless of the location where such access occurs, and none of the
exceptions of FAA Order 1600.72A, Contractor and Industrial Security Program,
Chapter 5, paragraphs 4, 6, 7 and 8 pertains.
Definitions of applicable terminology are contained in the corresponding
guidance and FAA Order 1600.72A, appendix A.
B. Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE) has
approved designated risk levels for the positions under the lease. Those designated risk
levels are:
Low Risk - One
C. If a National Agency Check with Inquiries (NACI) or other investigation is required
under paragraph (b) for a given position, the contractor will submit to the RECO a point
of contact (POC) that will enter applicant data into the Vendor Applicant Process (VAP)
system (vap.faa.gov). VAP is a FAA system used to process and manage security
information for FAA contractor personnel. Each lease may have up to 5 POCs. Once
designated, a VAP administrator will provide each POC a Web ID and password.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 14
Lease No. DTFACN- 15-L-00013
(LBB) FCWOS
Lubbock, Texas
The type of investigation conducted will be determined by the position risk level
designation for all duties, functions, and/or tasks performed and will serve as the basis for
granting a favorable employment suitability authorization as described in FAA Order
1600.72A. If an employee has had a previous U. S. Government conducted background
investigation which meets the requirements of Chapter 5 of FAA Order 1600.72A and
Homeland Security Presidential Directive 12 (HSPD-12), it will be accepted by the FAA.
However, the FAA reserves the right to conduct further investigations it determines
necessary. This lease may include positions that are temporary, seasonal, or under escort
only. In such cases, a FAA Form 1600-77 for each specific position will be established as
the investigative requirements may differ from the NACI.
The following information must be entered into VAP by the POC for each applicant
requiring an investigation:
• Name;
• Date and place of birth (city and state);
• Social Security Number (SSN);
• Position and office location;
• Contract number;
• Current e-mail address and telephone number (personal or work); and
• Any known information regarding current security clearance or previous
investigations (e.g. the name of the investigating entity, type of background
investigation conducted, contract number, labor category (Position), and
approximate date the previous background investigation was completed).
If a prior investigation exists and there has not been a 2 year break in service by the
applicant, the SSE will notify the contractor that no investigation is required and that
final suitability is approved.
If no previous investigation exists, the SSE will send the applicant an e-mail (this step
may be delegated to VAP POC):
• Stating that no previous investigation exists and the applicant must complete a
form through the Electronic Questionnaires for Investigations Processing (eQIP)
system
• Instructing the applicant how to enter and complete the eQIP form;
• Providing where to send/fax signature and release pages and other applicable
forms; and
• Providing instructions regarding fingerprinting.
The applicant must complete the eQIP form and submit other required material within 15
days of receiving the e-mail from the SSE.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 15
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
For items to be submitted outside eQIP, the contractor must submit the required
information with a transmittal letter referencing the contract number to:
Headquarters Contracts:
Manager, Personnel Security Division, AIN -400
800 Independence Avenue, S.W., Room 315
Washington, D.C. 20591
The transmittal letter must also include a list of all of the names of contractor employees
and their positions for which completed forms will be submitted to the SSE pursuant to
this Clause.
D. The contractor must submit the information required by paragraph (c) of this Clause
for any new employee not listed in the Contractor's initial submission who is hired into
any position identified in paragraph (b) of this Clause.
E. The RECO will provide notice to the contractor when any contractor employee is
found to be unsuitable or otherwise objectionable, or whose conduct appears contrary to
the public interest, or inconsistent with the best interest of national security. The
contractor must take appropriate action, including the removal of such employee from
working on this FAA contract, at its own expense. Once action has been taken, the
contractor will report the action to the RECO and SSE.
F. No contractor employee will work in a high, moderate, or low risk position unless the
SSE has received all forms necessary to conduct any required investigation and has
authorized the.contractor employee to begin work.
G. The contractor must notify the RECO within one (1) business day after any employee
identified pursuant to paragraph (c) of this Clause is terminated from performance on the
lease. This notification must be done utilizing the Removal Entry Screen of VAP. If FAA
issued the terminated employee and identification card, the contractor must collect the
card and submit it to the SSE.
H. The RECO may also, after coordination with the SSE and other security specialists,
require contractor employees to submit any other security information (including
additional fingerprinting) deemed reasonably necessary to protect the interests of the
FAA. In this event, the contractor must provide, or cause each of its employees to
provide, such security information to the SSE, and the same transmittal letter
requirements of paragraph (c) of this Clause applies.
I. The contractor and/or subcontractor(s) must contact the Servicing Security Elements
(Regional and/or Center Security Divisions) or AIN -400 at Headquarters within one (1)
business day in the event an employee is arrested (detained by law enforcement for any
offenses, other than minor traffic offenses) or is involved in theft of government property
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 16
Lease No. DTFACN- I 5-L-000 13
(LBB) FCWOS
Lubbock, Texas
or the contractor becomes aware of any information that may raise a question about the
suitability of a contractor employee.
J. Failure to submit information required by this clause within the time required may be
determined by the RECO a material breach of the lease.
K. If subsequent to the effective date of this lease, the security classification or security
requirements under this lease are changed by the Government and if the changes cause an
increase or decrease in direct lease costs or otherwise affect any other term or condition
of this lease, the lease will be subject to an equitable adjustment.
L. The contractor agrees to insert terms that conform substantially to the language of this
clause, including paragraph (K) but excluding any reference to the Changes clause of this
lease, in all subcontracts under this lease that involve access and where the exceptions
under Chapter 5, FAA Order 1600.72A do not apply.
M. Contractor employees who have not undergone a background investigation must be
escorted at all times. In some instances, a contractor employee may be required to serve
as an escort. To serve as an escort, a contractor employee must have a favorably
adjudicated fingerprint check and initiated a NACI with FAA.
2.6.9 Small Space Lease Form
January 2014
OMB Control No. 2120-0595
Pg. 17
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