HomeMy WebLinkAboutResolutions - 2021.09.02 - 34841BOARD OF COMMISSIONERS
September 2, 2021
MISCELLANEOUS RESOLUTION 421-336
Sponsored By: William Miller TII
IN RE: On -Airport Lease: U.S. Government— U.S. Customs and Border Protection (CBP)
Chairperson and Members of the Board:
WHEREAS the County of Oakland ("the County") owns the Oakland County International Airport in
Waterford Township; and
WHEREAS portions of airport property including the airport terminal facility are leased to various aviation
businesses for the purpose of conducting aviation business and providing aviation services at the Airport; and
WHEREAS the Aviation Division entered into a Lease for property commencing on October 21, 2001, and is
due to expire on October 20, 2021; and
WHEREAS the Aviation Division has negotiated the attached On -Airport Lease with U.S. Customs and Border
Protection (CBP) to extend the use of the property; and
WHEREAS the Lease will have a one-year term effective October 21, 2021, through October 20, 2022,
renewable for nine (9) additional years but not beyond October 20, 2031, unless CBP gives at least 120 days'
notice in writing; and
WHEREAS CBP performs Federal Inspection Services as a user -pay service to the users of the Airport, the
County agrees to continue to lease the property to CBP at no charge; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and agreed
to the terms of the Lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and accepts the terms and conditions of the attached On -Airport Lease for a term up to ten (10) years with the
U.S. Government—U.S. Customs and Border Protection.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached On -Airport Lease and all other related documents between the County and
U.S. Government — U.S. Customs and Border Protection.
BE IT FURTHER RESOLVED that no budget amendment is required at this time as there is no revenue
generated by this agreement and any associated expenses are already reflected in the FY 2021 budget and FY
2022 — FY 2024 County Executive Recommended Budgets.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III
�jau au
Date: September 15, 2021
Hilarie Chambers, Deputy County Executive II
Date September 15, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-08-11 Economic Development & Infrastructure - recommend to Board
2021-09-02 Full Board
VOTE TRACKING
Motioned by Commssioner Michael Gingell seconded by Commissioner William Miller III to adopt the
attached Contract: On -Airport Lease: U.S. Government — U.S. Customs and Border Protection (CBP).
Yes: David Woodward, Michael Gingell, Robert Hoffman, Michael Spisz, Karen Joliat, Kristen Nelson,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson,
William Miller 111, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray,
Janet Jackson, Penny Luebs (19)
No: None (0)
Abstain: None (0)
Absent: Commissioner Kowall, Commissioner Moss (2)
The Motion Passed.
ATTACHMENTS
l . Lease Agreement
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 2, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday, September 2, 2021.
Lira Brown, Oakland County Clerk/Register of Deeds
LEASE NO. HSBP-7121-L-IN0525
This Lease is made and entered into between
County of Oakland
On -Airport Lease
Modified GSA FORM L201 D (OCT 2020) CBP November 2020
(Lessor), whose principal place of business is 6500 Patterson Parkway, Waterford, MI 48327, 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
6500 Patterson Parkway
Waterford, MI 48327
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 term beginning on October 21, 2021 and continuing through
October 20, 2022 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 9_ (_nine, additional years but not beyond October 20, 2031
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
Name:
Title.
Entity Name:
Date.
WITNESSED FOR THE LESSOR BY:
Name:
Title:
Date
FOR THE GOVERNMENT:
Name: Michael Sedgebeer
Title: Lease Contracting Officer
U.S. Customs and Border Protection
Dale
LEASE NO. HSBP-7121-L-IN0525, PAGE 1 LESSOR: GOVERNMENT: Modified GSA FORM L201D (10/2020)
TABLE OF CONTENTS
ON -AIRPORT LEASE
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS..............................................................................................................................
3
1.01
THE PREMISES (SEP 2015)... ................. ........................................................................................................
................... 3
1.02
EXPRESS APPURTENANT RIGHTS (SEP 2013)........................................................................ ..............
___........ ._.... _........... ... ,- 3
1.03
RENT AND OTHER CONSIDERATION (ON -AIRPORT) (OCT 2020)...............__.................. .................
_............. .......... ............ 3
1.04
TERMINATION RIGHTS (ON -AIRPORT) (SEP 2013).-......................................................................
............. ................... .... 3
1,05
RENEWAL RIGHTS (OCT 2016)..._............................_...................._........................................................................................
3
1.06
DOCUMENTS INCORPORATED IN THE LEASE (ON -AIRPORT) (OCT 2020) ..... ..... .._....__..
_........................................ 4
1.07
LESSOR'S UNIQUE ENITITY IDENTIFIER (OCT2020)..................................................................................................................
4
SECTION
2 GENERAL TERMS, CONDITIONS, AND STANDARDS..............................................................................................................
5
2.01
DEFINITIONS AND GENERAL TERMS (OCT 2016)... ......... ..................... ........ ___ .... ....................
... .. ..... _.._........... .....5
2.02
AUTHORIZED REPRESENTATIVES (OCT 2016)........... _............ ......... ___ ..........................
....... ......... ... ............................ - 5
2.03
WAIVER OF RESTORATION (OCT 2018)............................. .......... ................ ...... ....... .............. ...........
.._... ................................ 5
2.04
RELOCATION RIGHTS (JUN 2012).......................................................................................................................
............... 5
205
NOTICES ................................ ........................... ........................... _.................... I............... .........................................
........ ......... ..6
2.06
ACCEPTANCE OF SPACEAND CERTIFICATE OF OCCUPANCY (ON -AIRPORT) (MAY 2015).................................................6
2.07
ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012)..................................................................................................................
6
2.08
ALTERATIONS (SEP 1999)............................................................................................................
................................... 6
2.09
SYSTEM FOR AWARD MANAGEMENT (MAR 2020)........................................................................................
....................... .6
2.10
SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011)...................................................
.................................... 6
2.11
FIRE AND CASUALTY DAMAGE......._.................._...............................................................................
................ . ...6
2.12
DEFAULT BY LESSOR (APR 2012)...................................................................................................................
.............................. 6
2.13
INTEGRATED AGREEMENT (JUN 2012)....................................._...................................... .......
.... ... ...................................7
2.14
MUTUALITY OF OBLIGATION......................................................................................................................................................7
2.15
COMPLIANCE WITH APPLICABLE LAW (JAN 2011)......................... ....._..........................................._..................................
_. _.....7
2.16
MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2015)..........................................................
.... ............... ....7
2.17
DELIVERY AND CONDITION.............................................................................................................................................................
7
2.18
FAILURE IN PERFORMANCE ................. ....................... .... ....... ......... ...... ........ ._.................
........................... ............. .......... 7
2.19
CHANGE OF OWNERSHIP........... .... .......................... - ................. .................. .................................
... __ .................. .............. ... _ 8
2.20
CLAUSES INCORPORATED BY REFERENCE (SIMPLIFIED) (OCT 2018)_... ... ..... ...... ........ ..
....... ........ ... ............................... - 8
SECTION
3 CONSTRUCTION STANDARDS AND COMPONENTS... ......................................................
........................ .......................... _9
3.01
CLIP STANDARDS (ON -AIRPORT) (SEP 2013)..............................._._...................................................................
........................ 9
3.02
MEANS OF EGRESS (MAY 2015)..................................................................................................................................................
9
3.03
AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2013)......................................................................
....................................9
3.04
FIRE ALARM SYSTEM (SEP 2013).................................................................................................................................................
9
3.05
ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011)..... .... ................................ ........................
........ ._........... ........ 9
3.06
ACCESSIBILITY (FEB 2007)..-.................................................._..........................._.................................._..._..........
............. 10
3.07
MECHANICAL, ELECTRICAL, PLUMBINGGENERAL (APR 2011) ...................................................................................
10
3.08
RESTROOMS (ONAIRPORT)(JUN 2012).............................................................................................................................
10
309
HEATING, VENTILATION, AND AIR CONDITIONING (ON -AIRPORT) (APR 2011).....................
- ... ....... .. ., ..................... .. 10
3.10
TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON -AIRPORT) (SEP 2013)._-.............
............... _..... ._.. _.......... .. 10
SECTION
4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM............................................................................
11
4.01
SERVICES, UTILITIES, AND MAINTENANCE (ON -AIRPORT) (OCT 2020)....................... ......................
.......... ........................
4.02
PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES
(SEP 2013) ............................... 11
4.03
SECURITY MONITORING AND INTRUSION DETECTION SYSTEM (APR 2017) ...............................
................................ 11
4.04
MAINTENANCE AND TESTING OF SYSTEMS (SEP 2013)............. .................... .......... ._......................
........... ,...... .......... .... 11
4.05
ROUTINE CLEANING AND DISINFECTING SERVICES (OCT 2020) ............. .................
... ......... .................. ....
4.06
RECYCLING (ON -AIRPORT) (JUN 2012).._.... .................-......................... ........ ........ ......... .........
.... ................... ......... 12
4.07
RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)...............................................................................................................
12
4.08
MAINTENANCE OF PROVIDED FINISHES.............................................................................................................................
12
4.09
SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (FEB 2020)
._.........�.. .... .................. .. ... ...._ .............. ................................... .... ........... .........
.......... .... .. .... .. ........ .. 12
4.10
INDOOR AIR QUALITY (OCT 2019) _ ...................... ............. ......... .......... ....... _.
........................................ __. 13
4.11
HAZARDOUS MATERIALS (ON -AIRPORT) (OCT 2018) ....... ........ ...____ .... .................. ... _...
.......................................... . .. 14
4.12
OCCUPANT EMERGENCY PLANS (OCT 2020)..... ...._...... ............................_..........................................................
. .-......... .. 14
SECTIONS
ADDITIONAL TERMS AND CONDITIONS.................................................................................................................................
15
5.01
IDENTITY VERIFICATION OF PERSONNEL .............._..... .._............. ..... .............. ...
......... . ..._.................................. 15
5.02
SECURITY. .. .... ..................... .......... _..__.....................
................................................
........................................... 16
5.03
LIABILITY..__ ... ...................... _-........... .................... .................... .. ............ ... .. ...........
...... .... .............. .... ......... ............. 16
5.04
AVAILABILITY OF FUNDS ................. ... ............... ..... ..... ..... .._....... _. ..... ... .........
... ... .......................... _... 16
5.05
SOVEREIGN IMMUNITY ................. ............... ____ ..... ........... ................ ........ ......... ........_.........
. ...... ......................... 16
5.06
NO PRIVATE RIGHT OR BENEFIT CREATED..._ ..........................._........_. ...........................
....... .... ....------ ........ ....... ............ 16
LEASE NO. HSBP-7121-L-IN0525, PAGE 2 LESSOR; GOVERNMENT:
Modified GSA FORM L201D (10/2020)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (SEP 2015)
The Premises are described as follows-
A. Federal Inspection Services (FIS) / General Aviation Facility (GAF): Approximately 3,080 square feet of FIS/GAF Space (the Premises),
located at 6500 Patterson Parkway, Waterford, MI 48327 as depicted on the floor plan(s) attached hereto as Exhibit A.
1.02 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: Ample parking spaces 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.
1.03 RENTAND OTHER CONSIDERATION (ON -AIRPORT) (OCT 2020)
The Government shall pay no rent
B This facility has been designated as an user fee facility; Under the provisions of Section 236 of the Trade and Tariff Act of 1984 (P.L. 98-573),
as amended (19 U.S.C. 581b), the Commissioner of U.S. Customs and Border Protection (CBP) is authorized to make inspectional services available at
airports, seaports, and other facilities and to charge a fee for such services. The Oakland County International Airport is designated as eligible for such
services under the conditions set forth herein.
C. In exchange for the Government's agreement to locate inspectional personnel on -site, the Lessor shall do the following:
Provide the leasehold interest in the Property 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, 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
1.04 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.
1.05 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 9 YEARS
but not beyond October 20, 2031 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.
LEASE NO. HSBP-7121-L-IN0525, PAGE 3 LESSOR: _ GOVERNMENT: Modified GSA FORM L201D (10/2020)
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON -AIRPORT) (OCT 2020)
The fo)lowwg documents are attached to and made part of the Lease,
i
No. OF
DOCUMENT NAME
PAGES
EXHIBIT
Floor Plants)
1
A
Parking_Plants)
1
B I
GSA Form 3518-SAM, Addendum to System for Award
2
C
Management (SAM) Representations and CeHificallam;
&quisibons of Leasehold Interests In Real Property)
Representation Regarding Certain Telecommunications
_
4
D
and Video Surveillance Services or Equipment
_Acquisitions of Leasehold Interests in Real Property)
User Fee MOA
5 (
E
1.07 LESSOR'S UNIQUE ENITITY IDENTIFIER(OCT2020)
I essor's Unique Emily Identifier (currently Dun & Bradstreet DUNS Number): 078518431
LEASE NO, HSB47•7121-L-I1,10525, PAGE 4 LESSOR: GOVERNMENT: Modified GSA FORM L201 D(1012020)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 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 for
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 Government's 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. Building. 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 CFO Chapter 5.
H. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the Lease term 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 Space 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 and/or furniture, for which a measurement is to be computed." References to ABOA mean
ANSIIBOMA Office Area
N. Working Days. Working Days shall mean weekdays, excluding Saturdays and Sundays and Federal holidays.
2.02 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
2.03 WAIVER OF RESTORATION (OCT 2018)
The Lessor shall have no right to require the Government to restore the Premises and/or Property upon termination of the Lease, and waives all claims
against the Government for waste, damages, or restoration arising from or related to (a) the Govemment's normal and customary use of the Premises
and/or Properly during the term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises and/or
Property 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 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 COP can remove the data.
2.04 RELOCATION RIGHTS (JUN 2012)
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 and CBP, 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 Government a minimum of 120 days prior written notice. Lessor shall bear all
costs for 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 replacement space will be provided under the same terms as
agreed to under this Lease, including that the new location shall meet CBP's operational requirements and that the Government shall not pay rent
LEASE NO. HSBP-7121-L-IN0525, PAGE 5 LESSOR: GOVERNMENT: Modified GSA FORM 1-2011](1012020)
2.05 NOTICES
A. Any notice, consent, or approval to be given under this Lease shall be in writing, and delivered by hand or sent by Express 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: County of Oakland 6500 Patterson Parkway, Waterford, MI 48327
To CBP at: U.S. Customs and Border Protection, Field Operations Facilities, Program Management Office; ATTN: FOF Lease Contracting Officer,
6650 Telecom Drive, STE 100 Indianapolis, IN 46278
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 written notice as soon as
practicable to the respective officials designated as follows:
The emergency contact and phone number for the Lessor is: Cheryl L. Bush, Manager of Aviation 248-666-5680 bushc@oakgov.com
The emergency contact and phone number for CBP is: Mark Wood Supervisor 734-941-6180 x 194 mark.a-wood@cbp.dhs.gov
2.06 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 O), 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 O 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.
2.07 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.
2.08 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, orwaives the Lessor's obligation to provide modifications, repairs, replacements, and improvements
required for the proper operation of the Property, the Building, and the Premises.
2.09 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*//www.aGquisition.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 awn 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 casually, 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 180 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 30 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 date 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 negligence 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.
2A2 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
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).
LEASE NO. HSBP-7121-L-IN0525, PAGE 6 LESSOR: _ GOVERNMENT: Modified GSA FORM L201 D(1012020)
After Acceptance of the Premises. Failure by the Lessor fo perform any service, to provide any item, or satisfy any requirement of this I ease,
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 any obligation
under this Lease.
C. Grounds for Termination. The Government may terminate the Lease if
The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or
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 failure 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 Lessor's inability to obtain sufficient financial resources to perform its obligations.
The rights and remedies specified in this clause are in addition to any and aft 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 orwatten 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.
2A4 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
2.16 COMPLIANCE WITH APPLICABLE LAW (JAN 2011)
Lessor shall comply with all federal, state, and local laws applicable to its ownership and leasing 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 immunity of the Government. This Lease shall be governed by federal law.
2.16 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2615)
The Lessor shall maintain the Premises, including the systems, equipment, fixtures, and appurtenances furnished by the Lessor under this Lease, in
good repair and tenantable condition at the Lessor's 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 times
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 Win the provisions of this t ease, the Contracting Officer may terminate this Lease in accordance with
Paragraph 1.04, Termination Rights, and/or 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
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 further provided that such cure period shall be
extended by an additional thirty (30) days if, at the expiration of the notice/cure 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
LEASE NO. HSBP-7121-L-IN0525, PAGE 7 LESSOR: — GOVERNMENT: Modified GSA FORM L201 1)(1012020)
exclusive and are in addition to any other remedies which maybe available under this tease or at law Pursuant to 19 C F.R § 24.3a, any amounts due
CUP 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 OWNERSHIP
A If during the term or any renewal periods of the Lease, title to the Property is transferred, the Lease is assigned, 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
Government's and the Lessor's respective rights and obligations remain unaffected. A sample form is found at PAR 42,1205.
C. If title to the Property is transferred, or the Lease is assigned, the Government, the original Lessor (Transferor), and the new owner or assignee
(Transferee) shall execute a Novation Agreement providing for the transfer of Transferor's 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 ofthe 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 is not in the Government's interest, the Transferor shall remain fully liable
to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer.
F. As a condition for being recognized as the Lessor, the Transferee must register In the System for Award Management (SAM) (See FAR
52.232-33), and complete and sign GSA Form 3518-SAM, Addendum to System for Award Management (SAM) Representations and Certifications
(Acquisitions of Leasehold Interests in Real Property)(see Exhibit C).
2.20 CLAUSES INCORPORATED BY REFERENCE (SIMPLIFIED) (OCT 2018)
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 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES
OR EQUIPMENT (AUG 2020)
4. FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APRIL 2015)
5. FAR 52222-26, EQUAL OPPORTUNITY (SEP 2016)
6, FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER -SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
7. FAR 52.233-1, DISPUTES (MAY 2014)
8. GSAR 552.204-70 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2019)
9. GSAR 552.215-70, EXAMINATION OF RECORDS BY GSA (JUL2016)
10. GSAR 562.270-31, PROMPT PAYMENT (JUN 2011)
LEASE NO. HSBP-7121-L-IN0525, PAGE 8 LESSOR: _ GOVERNMENT; Modified GSA FORM L201 D(1012020)
SECTION 3 CONSTRUCTION STANDARDS AND COMPONENTS
3.01 CBP STANDARDS (ON -AIRPORT) (SEP 2013)
A. The Premises was 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
of 2011 (hereinafter referred to as "CBP Standards') shall apply. In the event that updates have taken place since the original acceptance of space or
updates are required at the facility in the future, the latest Airport Technical Design Standards in place at that time 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. Resircoms 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.
3.02 MEANS OF EGRESS (MAY 2015)
A Prior to occupancy, the Premises and any parking garage areas shall meet or wilt 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, Internallonal Building Code (IBC), each
current as of the Lease Award Date, or use an alternative 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 floor(s) where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s) 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.
3.03 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 wi0 result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSUBOMA 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 system(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.
3.04 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 3rd 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 dale 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 con[rof 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 Date), prior to Government
acceptance and occupancy of the Space.
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011)
LEASE NO. HSBP-7121-L-IN0525, PAGE 9 LESSOR: GOVERNMENT: Modified GSA FORM L201D(1012020)
A the Energy Independence and Security Act (EISA) establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STARO 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. Earn the ENERGY STARO 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 STARO 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 STARO 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 STARO label within 18 months after
occupancy by the Government
3.06 ACCESSIBILITY (FEB 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.
3.07 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.
3.08 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.
3.09 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 0mes, 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.
3.10 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. In the event future upgrades are required, the Lessor shall bear all costs associated with the upgrade.
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-7121-L-IN0525, PAGE 10 LESSOR: GOVERNMENT: Modified GSA FORM L2010(1012020)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON -AIRPORT) (OCT 2020)
The Lessor is responsible for providing all utilities necessary for Premises and tenant operations at the Lessor's 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):
ISO HEAT 0 TRASH REMOVAL X ELEVATOR SERVICE ID INITIAL$ REPLACEMENT M OTHER
N ELECTRICITY N CHILLED DRINKING WATER M WINDOW WASHING IAMPS, TUBES & BALLASTS ($peafy below)
& STARTERS
® POWER (Special Equip) N AIR CONOIT(ONiNG FrequencyTaasm par veal all N PAINIINGFREQUFNCY Resilient There Wen Der,ear
Intariw and exienor and other Ditto clean near the s nnfioatooc in
surfaces main mnidnrc and heave Irene,
® WATER (Hot & Cold) M RESTROOM SUPPLIES CARPETCLEANING Space See 408 below areas and an.aw Io nrtrws
antl secondary Iobem and
SNOWREMOVAL ® JANITORIAL SERV&SUPP.3 RequencyAnnuelly shampoo Public Areas See 4.08 below muffors Sinn &apply4 mats
times week),: Sweep mlranrns camels in mmtlors and lobbies & or finish In n.diaoe noon en
® SECURITY & FIRE tobbiea A mmdnra coin s everv?vates ham000rametsmal1 21 RES r CONTROL Pest Con(ml m"Ena,neseda&rTnihtn—
MONITORINGSERVICES toms soot vacuum camels reann offices and uthl inn-mmlic neat Confrot owls gs aooroprialea corndors and plherheaw Irani,.
ddnkino foualains sweep tad damp Intearaled Pest Manaaearent ..as A., RanNrod Prnnado
mop or scrub restmom clean all iminuiaues as soecihed m the (3RA maintain Dian. and I—
eslmpm t,turvc Rwern cidewalkc Pw1rv,r enEI Menanamane P,.Ade and hmoty-acid uch
parkin .,.as & driveways !weather IntePl oast Memmenant Lans and anon ae. of aov
P.Mitunip Techniauo Gndi, IF402-100 ddfsrarded cioarelfe burls
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
4.02 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (SEP 2013)
the Government shall have access to the Premises and its Appurtenant Areas at all limes 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
CBP's normal hours of operation are from: Monday through Friday 0700 - 1500.
4.03 SECURITY MONITORING AND INTRUSION DETECTION SYSTEM (APR 2017)
Lessor agrees to provide and maintain security monitoring for the Premises comprised of interior/exterior CCTV monitoring and an intrusion detection
system. Lessor agrees to provide Lessee with access to CCTV feeds and/or recording, locally or remotely, upon request. Lessor shall provide Lessee
With the access code to arm/disarm the Intrusion detection system, and Lessor shall instruct the intrusion detection system monitoring service to directly
contact the Lessee with immediate notification in the event any alarm is triggered.
4,04 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 Lessor's 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 Lessor's 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 this regard shall be forwarded to the Government's
designated representative.
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.
4.05 ROUTINE CLEANING AND DISINFECTING SERVICES (OCT 2020)
The Lessor shall wipe down daily all solid, high contact surfaces in Building common area (defined here as those areas used or accessed by the
Government's employees and visitors), and within the leased space, using a disinfectant from the EPA -registered list of products identified as effective
against Novel Coronavirus SARS-CoV-2 (H-fTPS://WVNN.EPA.GOV/PESTICIDE-REGISTRATION/LIST-N-DISINFECTANTS-USE-AGAINST-SARS-
COV-2), or other products containing the same active ingredient(s) at the same or greater concentration than those on the list. Cleaning staff shall use
products in accordance with directions provided by the manufacturer Cleaning staff shall wear disposable gloves (e.g. latex, nitrile, etc.), facemasks,
and any additional personal protective equipment (PPE) as recommended by the cleaning and disinfectant product manufacturers. Disinfection
application and products should be chosen so as to not damage interior finishes or furnishings.
Examples of solid, high contact surfaces in Building common and high traffic areas include, but are not limited to, handrails, door knobs, key card scan
pads, light switches, countedops, table tops, water faucets and handles, elevator buttons, sinks, toilets and control handles, restroom stall handles, toilet
paper and other paper dispensers, door handles and push plates, water cooler and drinking fountain controls It does not include agency owned
equipment such as desks, telephones, computers, keyboards, docking stations, computer power supplies, and computer mouse, personal fans and
heaters, desk lighting, etc. Disinfected surfaces should be allowed to air dry.
LEASE NO. HSBP-7f21-L-I1,10525, PAGE 11 LESSOR: i GOVERNMENT: Modified GSA FORM L2010(10/2020)
4.06 RECYCLING (ON -AIRPORT) (JUN 2012)
Where state or local law, code, or ordinance requires recycling programs (including mercury -containing lamps) for the Space to be provided pursuant to
this Lease, the Lessor shall comply with such stale 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 Budding and in the Leased Space
4.07 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.
4.08 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
I -ease. All painted surfaces, shall be repainted at the Lessor's sole expense, including the moving and returning offurnishings, 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,
1 Lessor shall repaint common areas at least every three (3) years.
2. Lessor shall perform cyclical repainting of the Premises every six (6) years of occupancy. This cost, including the moving and
returning offurnishings, 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.
B. Comet and floorinq.
1. The Lessor shall repair or replace flooring at any time during the Lease term when:
(f) Backing or underlaymenl is exposed,
(h) There are noticeable variations in surface color or texture;
(Ili) Carpet has curls, upturned edges, or other noticeable variations in texture;
(iv) Tiles are loose; or,
(v) Tears or tripping hazards are present.
2. 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 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. Work shall be performed after normal hours as established elsewhere in this Lease.
4.09 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 Unclassifed Information Handbook (the current version may be found at
naps.i;cn.hr.alchivesgovrfiiest�_ri:_�d1 s.l-Z_]6-cot-mark Tq_bar:dt�.nr, s_i-t,�d) 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
markings (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 Government 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 budding 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.
L. 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 entitles.
2. Dissemination of CUI building information
a. By electronic transmission Electronic transmission of CUI information outside of the GSA network must use session encryption
(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
LEASE NO. HS13P-7121-L-IN0525, PAGE 12 LESSOR: _ GOVERNMENT: Modified GSA FORM L201D(1012020)
Cryptographic Modules, as required by GSA policy.
b. By nonelectronic form or on sortable electronic data storage devices Portable electronic data storage devices include CDs,
DVDs, and USB drives. Nonelectronic for of CUI building information include paper documents, photographs, and film, among
other formats.
L 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.
u. In person. Contractors must provide CUI building information only to authorized recipients will a Lawful Government
Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.
Record keemna. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this
clause. This list must include, at a minimum:
1) The name of the state, Federal, or local government entity, utility, or firm 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 GUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments
that prevent unauthorized access. GSA contractors and subcontractors roust 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,
S. 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 Samlization.
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 clause, 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 r: a-ijPosa giro. 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
4.10 INDOOR AIR QUALITY (OCT 2019)
A. i he 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, of 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 Spares 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 roams, 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 lake 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 (hell use dui ing 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, rodenticides, 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.
F. The Lessor shall use high efficiency (HEPA) filtration vacuums for cleaning and minimum MERV 10 rated ventilation system filtration whenever
feasible.
LEASE NO. HSSP-7121-L-IN0525, PAGE 13 LESSOR: GOVERNMENT: Modified GSA FORM L201D(10/2020)
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).
4.11 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 bailer or
pipe insulation outside the Space, in which case an asbestos management program conforming to EPA guidance shall be implemented.
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 remedlate 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 Remedlation 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 lake all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence, or is otherwise unable to remedlate the actionable mold, the Government may implement
a corrective action program in accordance with 2.18, Failure in Performance.
4.12 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 Shelter -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-7121-1-4140525, PAGE 14 LESSOR: _GOVERNMENT: Modified GSA FORM L201D(1012020)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
5.01 IDENTITY VERIFICATION OF PERSONNEL
A The Government reserves the right to verify identities of personnel with routine pre -occupancy and/or unaccompanied access to the Premises.
The Lessor shall comply with the agency personal identity verification procedures below that implement Homel=_nd Security Presioenkial
Directive-'2 (HSPD-12), Office of Management and Budget (OMB) guidance id-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 Lessor's 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 eitherthe manual process and submit completed fingerprint charts and
background investigation forms, or use the electronic process of ID verification, completed through the e-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
Lessor's 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 Lessor's contractorlpersonnel who has successfully undergone
such fingerprinting and has a current background investigation.
MANUAL PROCESS
The Lessor shall provide Form FD 258, Fingerprint Chart (available from the Government Printing Office at httpl;twokstcre.gpo gov), and Standard
Form 85P, Ouestronnalre to,- 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 forms.
ELECTRONIC PROCESS
A The electronic process will be done through the e-QIP system. The Lessor's contractor/personnel 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 e-QIP for the background investigation.
G. The contractorlpersonnel will be instructed to access the wattage, 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 Prmt 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 contractorlpersonnel:
1. Two (2) FBI Fingerprint Cards (Form FD-258) or one (1) card produced by a ilvescan device;
2. Certification That My Answers Are True; and
3. Authorization for Release of Information.
E. The Lessor must ensure the LCO (or the LCD'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 contractorlpersonnel. l"he 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 contractor/personnel 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 contractor/personnel who were cleared 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
(5) year basis. Provided however, the foregoing provisions of this subsection shall not apply to Individuals under escort by a Lessor's
contractor/personnel who has successfully undergone fingerprinting and has a current background investigation.
LEASE NO, HSBP-7121-1_-IN0525, PAGE 15 LESSOR: GOVERNMENT: Modified GSA FORM 1-2011)(1012020)
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
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.G. § 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 iaterdate appropriate funds sufficient to meet deficiencies. Nothing in this Lease maybe construed
or interpreted to obligate the Government to any current of 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•7121-1--IN0525, PAGE 16 LESSOR: — GOVERNMENT; Modified GSA FORM 1-2011](10/2020)
Pp!
r-r Tr
4— ii
Exhibit B: Parking
Lease Number: HSBP-7121-L-IN0525
Exhibit C
ADDENDUM to the System for Award Management (SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions Proposals Number
of Leasehold Interests in Real Property) HSBP-7121-L-IN0525
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,
otherthan 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.
[ ] 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 —
INITIALS: & GSA FORM 3518-SAM PAGE 1 (04/15)
LESSOR GOVERNMENT
Exhibit C
(1) It is [ ] is not [ ] a corporation that 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.
(2) It is [ ] is not [ ] 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
REPRESENTATIVE
Siqnature Date
INITIALS: & GSA FORM 3518-SAM PAGE 2 (04/15)
LESSOR GOVERNMENT
Exhibit D: Telecommunications and Video Services
Lease Number: HSBP-7121-L-IN0525
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 LCO 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 52,201-26, Covered
Telecommunications Equipment or Services —Representation, or in paragraph (v) of the
provision at 52 112-3, 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 52.204I 25, Prohibition on Contracting for
Certain 'feleconumunication s 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. 1 15-232) 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: GOVERNMENT: Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08120)
Page 1
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) (httns:!hvwwv.sam.,>ol) for entities excluded from receiving federal awards
for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It ❑ will, ❑ 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 ❑ does, ❑ 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: Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08120)
Page 2
(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: GOVERNMENT: Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08120)
Page 3
(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
Signature
TELEPHONE NUMBER
Date
LESSOR: GOVERNMENT: Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (08/20)
Page 4
Exhibit E: User Fee MOA
Lease Dumber: HSBP-7121-L-IN0525
U.S. CUSTOMS AND BORDER PROTECTION
MEMORANDUM OF AGREEMENT
USER FEE FACILITY PROGRAM
Under the provisions of Section 236 of the Trade and Tariff Act of 1994 (P.L. 98-573), as
amended (19 U.S.C. 58b), the Commissioner of U.S. Customs and Border Protection is
authorized to make inspectional services available at airports, seaports, and other facilities and to
charge a fee for such services. The purpose of this agreement is to designate the following
location and its defined adjoining facilities as eligible for such services under the conditions set
forth herein.
Facility Name: Oakland County International Airport
Location: 6500 Highland Road
Waterford, Michigan 48237-1649
The above -named facility shall be considered to be the "person" using U.S. Customs and Border
Protection services, as the term is applied in Section 236 of P.L. 98-573. In accordance with the
requirements of Section 236(c) of the law, a determination has been made that the volume of
business anticipated at the facility, and defined adjoining facilities, is insufficient to justify the
availability of unreimbursable inspectional services.
U.S. CUSTOMS AND BORDER PROTECTION OFFICE LOCATION DEFINED
For purposes of determining reimbursable travel costs, identify the physical address of the
proposed U.S. Customs and Border Protection office, if different from the'location named above.
Same as above
U.S. CUSTOMS AND BORDER PROTECTION LOCATIONS DEFINED
Specify below any other locations (other than the facility itself) at which U.S. Customs and
Border Protection services would be expected: (i.e., define all adjoining or adjacent facilities,
such as Foreign Trade Zones).
Not Applicable
GEOGRAPHIC BOUNDARIES OF SERVICE DEFINED
Service may only be provided at the mutually agreed upon location listed below. A plat
highlighting the service boundaries may also be attached.
Oakland County International Airport located in Waterford Township, Oakland County, Michigan and bounded by M-59,
Williams Lake Road and Airport Road.
FACILITY STANDARDS
Entities requesting U.S. Customs and Border Protection services must meet and maintain U.S.
Customs and Border Protection facility standards. Facilities that fail to maintain Customs and
Border Protection facility standards will be subject to a 120-day notice terminating this
agreement. If applicable, an Agriculture Compliance Agreement must also be maintained.
U.S. CUSTOMS AND BORDER PROTECTION RESPONSIBILITIES
U.S. Customs and Border Protection has determined that at the time of the signing of this
agreement 1 full-time officer(s) will be required at this facility. U.S. Customs and Border
Protection services will be provided as specified below. Any service provided outside these
hours may be subject to overtime and/or premium pay. The full cost of overtime service and/or
premium pay will be paid by the facility and at the rates prescribed by Section 267 of Title 19,
United States Code, as amended. In the event U.S. Customs and Border Protection has to
provide a Customs and Border Protection Officer(s) to replace the regularly assigned officer(s)
during the established shift by a temporary replacement due to sick leave, annual leave, transfer,
travel, and/or training, then the facility agrees to bear any and all costs and expenses associated
with such replacement including but not limited to transportation, relocation and/or per diem
costs for personnel brought from other locations. The work schedule that has been agreed to is
as follows:
Weekly Work Schedule Monday through Friday
Hours of Service from 7:00 a.m. until 3:00 p.m,
In the absence of required inspectional services, U.S. Customs and Border Protection may
assign other duties to the officer at another location.
ADJUSTMENT TO LEVEL OF SERVICE
During circumstances that may arise, U.S. Customs and Border Protection reserves the right to
adjust the level of service provided to address high alert security situations, special events or
other circumstances as needed. Permission to land may be denied if sufficient personnel are not
available. Billing adjustments will be made to reflect adjustments to the level of service.