HomeMy WebLinkAboutContract 50840 167 89roT
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CITY SECRETARY �
CONTRACT NO
On-Airport Lease
� E
NO. HSBP-7116-L-DA0742 Modified GSA FORM L201D(Oct 2016)CBP October 2017
0-
�( This Lease is a nd entered into between
O� q
I Worth
(Lessor),whose principal place of business is 200 Texas Street, Fort Worth,Texas 76102,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.
Witnesseth: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
Meacham International Airport Administration Building(Airport),201 American Concourse,Fort Worth,TX 76106-1503.
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 and continuing through
inclusive for a term of one-year. At the expiration of this term the Lease will automatically renew n a ear-to-year b sis upon the anniver ary f the
Lease Term Commencement Date each year thereafter for 19 (nineteen) additional years but not beyond OCj3ej Za3r 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:
FOR THE GOVERNMENT:
TGwtw�O r�� �
�Y DENNIS H. HAESSIG
Name: O.t'I�J�i�� Z7 ��� �
Title: Lease Contracting Officer
Title: � r�
U.S.Customs and Border Protection
Entity Name: U
Date: 4 _T Y18 Date:
WITNESSED FOR THE LESSOR BY: OF FO/�T
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Name:
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Title: v
Date: Marg/ J. K r, dity Ne .......^AcJ
APP DAS TO FORANAND LEGALITY M&C: -
OFFICIAL RECORD
0A 295: fl PI ry SECRETARY
LEASE NO. HSBP-7116-L-DA0742,PAGE 1 LESSOR:GOVERNMENT: Modified GSA F-911Q{IA)
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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)(APR 2015)...................................................................................................3
1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013)..........................................................................................................................3
1.05 RENEWAL RIGHTS(SEP 2013)..........................................................................................................................................................3
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(APR 2015)....................................................................................3
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS...........................................................................................................4
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)............................................................................................................................4
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016)................................................................................................................................4
2.03 WAIVER OF RESTORATION(OCT 2016)...........................................................................................................................................4
2.04 RELOCATION RIGHTS(JUN 2012).....................................................................................................................................................4
2.05 NOTICES.............................................................................................................................................................................................5
2.06 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(ON-AIRPORT)(MAY 2015)........................................................5
2.07 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012).......................................................................................................................5
2.08 ALTERATIONS.....................................................................................................................................................................................5
2.09 SYSTEM FOR AWARD MANAGEMENT(APR 2015)...........................................................................................................................5
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011).................................................................................................5
2.11 FIRE AND CASUALTY DAMAGE.........................................................................................................................................................5
2.12 DEFAULT BY LESSOR........................................................................................................................................................................6
2.13 INTEGRATED AGREEMENT...............................................................................................................................................................6
2.14 MUTUALITY OF OBLIGATION.............................................................................................................................................................6
2.15 COMPLIANCE WITH APPLICABLE LAW.............................................................................................................................................6
2.16 MAINTENANCE OF THE PROPERTY,RIGHT TO INSPECT..............................................................................................................6
2.17 DELIVERY AND CONDITION..............................................................................................................................................................7
2.18 FAILURE IN PERFORMANCE.............................................................................................................................................................7
2.19 CLAUSES INCORPORATED BY REFERENCE(SIMPLIFIED)(APR 2015).........................................................................................7
SECTION 3 CONSTRUCTION STANDARDS AND COMPONENTS............................................................................................................8
3.01 CBP STANDARDS(ON-AIRPORT)(SEP 2013)...................................................................................................................................8
3.02 MEANS OF EGRESS(MAY 2015).......................................................................................................................................................8
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)........................................................................................................................8
3.04 FIRE ALARM SYSTEM(SEP 2013).....................................................................................................................................................8
3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)...........................................................................................................9
3.06 ACCESSIBILITY(FEB 2007)................................................................................................................................................................9
3.07 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011)...................................................................................................9
3.08 RESTROOMS(ON-AIRPORT)(JUN 2012)..........................................................................................................................................9
3.09 HEATING,VENTILATION,AND AIR CONDITIONING(ON-AIRPORT)(APR 2011).............................................................................9
3.10 TELECOMMUNICATIONS:LOCAL EXCHANGE ACCESS(ON-AIRPORT)(SEP 2013).....................................................................9
SECTION 4 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM..........................................................................10
4.01 SERVICES,UTILITIES,AND MAINTENANCE(ON-AIRPORT)(SEP 2013).......................................................................................10
4.02 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS FOR AIRPORT OCCUPANCIES(SEP 2013).................................10
4.03 SECURITY MONITORING AND INTRUSION DETECTION SYSTEM................................................................................................10
4.04 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)..............................................................................................................10
4.05 RECYCLING(ON-AIRPORT)(JUN 2012)..........................................................................................................................................11
4.06 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)........................................................................................................................11
4.07 MAINTENANCE OF PROVIDED FINISHES.......................................................................................................................................11
4.08 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013).....11
4.09 INDOOR AIR QUALITY(OCT 2016)...................................................................................................................................................12
4.10 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2016)...................................................................................................................13
4.11 OCCUPANT EMERGENCY PLANS(SEP 2013)................................................................................................................................13
SECTION 5 ADDITIONAL TERMS AND CONDITIONS..............................................................................................................................14
5.01 IDENTITY VERIFICATION OF PERSONNEL.....................................................................................................................................14
5.02 SECURITY.........................................................................................................................................................................................15
5.03 LIABILITY...........................................................................................................................................................................................15
5.04 AVAILABILITY OF FUNDS.................................................................................................................................................................15
5.05 SOVEREIGN IMMUNITY....................................................................................................................................................................15
5.06 NO PRIVATE RIGHT OR BENEFIT CREATED..................................................................................................................................15
LEASE NO.HSBP-7116-L-DA0742,PAGE 2 LESSOR GOVERNMENT: Modified GSA FORM L201D(10/16)
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): 2,362 square feet of FIS Space (the Premises), located at Suite#125, Meacham International Airport
Administration Building,201 American Concourse,Fort Worth,Texas 76106-1503,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: 1(one)reserved and one(1)unreserved parking space 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 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(APR 2015)
A. 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.58b),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 Meacham International Airport is designated as eligible for
such services,which are provided under the conditions set forth herein and Exhibits D and E.
C. In exchange for the Government's agreement to locate inspectional personnel on-site,the Lessor shall do the following:
1. Provide the leasehold interest in the 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, Exhibit D,
Memorandum of Agreement to Reimburse CBP pertaining to information technology services and equipment costs;and,
4. Provide all services,utilities,and maintenance required for the proper operation of the Property,the Building,and the Premises in
accordance with the terms of the Lease,including,but not limited to,all inspections,modifications,repairs,replacements,and improvements
required to be made thereto to meet the requirements of this Lease.
1.04 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 period 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(SEP 2013)
At the expiration of the initial erm 9f one year,this Lease will automatically renew on a year-to-year basis at the sole option of the Government for 19
YEARS but not beyondm and all other terms and conditions of this Lease,as same may have been amended,shall remain in force
and effect during any rene
alt mor holdover period.
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(APR 2015)
The following documents are attached to and made part of the Lease:
No. of
DocUMENTNAME PAGES EXHIBIT
Floor Plans 1 A
Parkin Plans 1 B
GSA Form 3518-SAM,Addendum to System for Award
Management(SAM)Representations and Certifications
(Acquisitions of Leasehold Interests in Real Property 2 C
Memorandum of Agreement to Reimburse CBP 12 D
User Fee Facility Program-Memorandum of Agreement 6 E
LEASE NO.HSBP-7116-L-DA0742,PAGE 3 LESSOR: /_GOVERNMENT:lf--- Modified GSA FORM L201 D(10/16)
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 formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease,or for which rights to use are reasonably necessary or reasonably anticipated
with respect to the 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 CFR 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(Z65.1-1996)provided by
American National Standards Institute/Building Owners and Managers Association(ANSI/BOMA)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
ANSI/BOMA 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 2016)
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 Government's normal and customary use of the Premises
and/or Property 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 CBP 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
LEASE NO.HSBP-7116-L-DA0742,PAGE 4 LESSOR: GOVERNMENT: Modified GSA FORM L201 (10/16)
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.
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: City of Fort Worth,Aviation Department;ATTN: Assistant Airport Director,200 Texas Street, Fort Worth,Texas 76106-1503.
To CBP at: U.S.Customs and Border Protection,Field Operations Facilities,Program Management Office;ATTN: FOF Lease Contracting Officer; 150
Westpark Way,Suite 300,Euless,TX 76040.
Notice shall be computed commencing with the day after the date of mailing.
B. In the event of an emergency,either party may provide notice by telephone,and all telephone notice shall be followed by a written notice as soon as
practicable to the respective officials designated as follows:
The emergency contact and phone number for the Lessor is: On-duty Operations Officer,(817)994-0653.
The emergency contact and phone number for CBP is: Assistant Director,Area Port of Dallas,(972)870-7250.
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
With prior written approval by the Lessor,the Government shall have the right during the term of this Lease and any renewal periods to make
alterations,attach fixtures,and erect structures or signs in or upon the Premises hereby leased,which fixtures,additions or structures so placed in,on,
upon,or attached to the said Premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the
Government.Nothing herein alters,limits,or waives the Lessor's obligation to provide modifications,repairs,replacements, and improvements
required for the proper operation of the Property,the Building,and the Premises.
2.09 SYSTEM FOR AWARD MANAGEMENT(APR 2015)
The Lessor must have an active registration in the System for Award Management(SAM),via the Internet at https://www.acquisition.gov,prior to the
Lease award and throughout the life of the Lease. To remain active,the Lessor is required to update or renew its registration annually. No change of
ownership of the leased Premises will be recognized by the Government until the new owner registers in SAM.
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011)
The Government reserves the right, at its own expense, with its own personnel, and at its sole discretion, to heighten security in the Building under
Lease during heightened security conditions due to emergencies such as terrorist attacks, natural disaster,and civil unrest.
2.11 FIRE AND CASUALTY DAMAGE
If the Building in which the Premises are located is totally destroyed or damaged by fire or other casualty,this Lease shall immediately terminate. If the
Building in which the Premises are located is only partially destroyed or damaged, so as to render the Premises untenantable, or not usable for their
intended purpose,the Lessor shall have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted a
reasonable amount of time,not to exceed 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
Wilful 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
LEASE NO.HSBP-7116-L-DA0742,PAGE 5 LESSOR / ` GOVERNMENT:_J�J Modified GSA FORM L201 D(10/16)
2.12 DEFAULT BY LESSOR
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).
B. After Acceptance of the Premises. Failure by the Lessor to perform any service,to provide any item,or satisfy any requirement of this Lease,
without excuse,shall constitute a default by the Lessor. Subject to provision of 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:
1. The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government,or
2. The Lessor fails to take such actions as are necessary to prevent the recurrence of default conditions.
D. Excuse. Failure by the Lessor to timely deliver the Premises or perform any service,provide any item,or satisfy any requirement of this Lease
shall not be excused if its 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 all remedies to which the Government may be entitled as a matter of law or
under this Lease,including as set forth in Section 1.04.
2.13 INTEGRATED AGREEMENT
This Lease,upon execution,contains the entire agreement of the parties and supersedes any and all prior oral or written representations,understandings,
or agreements among or between them. No prior written or oral agreement, express or implied, shall be construed or relied upon by either party to
contradict the provisions of the Lease. Except as expressly attached to and made part of the Lease,communications by either party that occurred prior
to Lease execution shall not be incorporated in the Lease.
2.14 MUTUALITY OF OBLIGATION
The obligations and covenants of the Lessor, and the Government's obligation to perform such other obligations as may be specified herein, are
interdependent.
2.15 COMPLIANCE WITH APPLICABLE LAW
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
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.
LEASE NO.HSBP-7116-L-DA0742,PAGE 6 LESSOR GOVERNMENT: Modified GSA FORM L201 (10/16)
2.17 DELIVERY AND CONDITION
A. Unless the Government elects to have the Premises occupied in increments, the Premises must be delivered ready for occupancy as a
complete unit.The Government reserves the right to determine when the Premises are substantially complete.
B. If the Premises do not substantially comply with the provisions of this Lease,the Contracting Officer may terminate this Lease in accordance with
Paragraph 1.04,Termination Rights,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
exclusive and are in addition to any other remedies which may be available under this Lease,including those set forth in Exhibits D and E,or at law.
Pursuant to 19 C.F.R.§24.3a,any amounts due CBP under the terms of this agreement not reimbursed within 30 days of billing will begin accruing
interest charges based on current U.S.Treasury borrowing rates and may ultimately be referred for collection.
2.19 CLAUSES INCORPORATED BY REFERENCE(SIMPLIFIED)(APR 2015)
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(JUL 2013)
2. FAR 52.204-13,SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013)
3. FAR 52.222-21,PROHIBITION OF SEGREGATED FACILITIES(APRIL 2015)
4. FAR 52.222-26,EQUAL OPPORTUNITY(APRIL 2015)
5. FAR 52.232-33,PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT(JUL 2013)
6. FAR 52.233-1,DISPUTES(MAY 2014)
7. GSAR 552.215-70,EXAMINATION OF RECORDS BY GSA(JUL2016)
8. GSAR 552.270-31,PROMPT PAYMENT(JUN 2011)
LEASE NO.HSBP-7116-L-DA0742,PAGE 7 LESSOR: — GOVERNMENT:90 Modified GSA FORM L201 D(10/16)
SECTION 3 CONSTRUCTION STANDARDS AND COMPONENTS
3.01 CBP STANDARDS(ON-AIRPORT)(SEP 2013)
A. The Premises shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to
acceptance of the Space.If there is a conflict on the standards the more stringent will apply. For the purposes of this Lease,the Airport Technical Design
Standards June 2012(hereinafter referred to as"CBP Standards")shall apply.
B. Base structure and building enclosure components shall be complete. All common areas accessible by the Government,such as lobbies,fire
egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly
installed building components,including but not limited to,heating,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. Priorto occupancy,the Premises and any parking garage areas shall meet orwill be upgraded to meet,eitherthe applicable egress requirements
in the National Fire Protection Association, Life Safety Code (NFPA 101), or the International Code Council, International Building Code (IBC), each
current as of the Lease Award Date, or use an 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 Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSI/BOMA 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 date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code(current
as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means:directly to the local fire
department,to the(911)public communications center,to a central station,to a remote supervising station,or to a proprietary supervising station.
E. If the Building's fire alarm control unit is over 25 years old as of the Lease Award Date, Lessor shall install a new fire alarm system in
accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to Government
acceptance and occupancy of the Space.
LEASE NO.HSBP-7116-L-DA0742, PAGE 8 LESSOR- GOVERNMENT: Modified GSA FORM L201 D(10/16)
3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)
A. The Energy Independence and Security Act(EISA) establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STAR@ Label conferred by the Environmental Protection Agency(EPA)within one year prior to the due date for final proposal
revisions("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
1. Earn the ENERGY STAR&Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2. Complete energy efficiency and conservation improvements if any,agreed to by Lessor in lieu of earning the ENERGY STAR@ Label prior to
acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STAR@ label for the most recent year(as defined above)due to insufficient occupancy,but was able to demonstrate
sufficient evidence of capability to earn the ENERGY STAR@ label,then Lessor must earn the ENERGY STAR®label within 18 months after
occupancy by the Government.
3.06 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 times,humidity shall be maintained below 60 percent relative humidity.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the Lease and shall make a reasonable
attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
D. Lessor shall maintain the separate HVAC units dedicated for the communication equipment. This shall include periodic filter replacement.
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. Lessor has also agreed to the terms set forth in Exhibit D regarding Lessor's obligation to bear information technology costs.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its services
to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's designated
telecommunications providers,the Lessor shall provide access from the point of entry into the Building to the Government's floor Space,subject to
any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas(high frequency,mobile,
microwave,satellite,or other emerging technologies),subject to weight and wind load conditions,to roof,parapet,or Building envelope as required.
LEASE NO.HSBP-7116-L-DA0742,PAGE 9 LESSOR GOVERNMENT: DO Modified GSA FORM L201 D(10/16)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES,UTILITIES,AND MAINTENANCE(ON-AIRPORT)(SEP 2013)
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):
® HEAT ® TRASH REMOVAL ® ELEVATOR SERVICE M INITIAL&REPLACEMENT M OTHER
® ELECTRICITY M CHILLED DRINKING WATER ® WINDOW WASHING LAMPS,TUBES&BALLASTS (Specify below)
&STARTERS
® POWER(Special Equip.) M AIR CONDITIONING FrequencyTwice per year all ® PAINTING FREQUENCY Resilient Floors:twice per year
interior and exterior and other plass clean per the specifications in
surfaces main corridors and heavy traffic
® WATER(Hot&Cold) ® RESTROOM SUPPLIES M CARPET CLEANING Space See 4.07 below areas and annually i offices
and secondary lobbies and
® SNOW REMOVAL ® JANITORIAL SERV.&SUPP.3 FrequencyAnnually shampoo Public Areas See 4.07 below corridors.Strip&apply 4 coats
times weekly: Sweep entrances, carpets in corridors and lobbies & of finish to resilient floors in
® SECURITY & FIRE lobbies & corridors, spot sweep every 2 years shampoo carpets in all ® PEST CONTROL Pest Control: restrooms.Strip&refinish main
MONITORING SERVICES floors, spot vacuum carpets, clean offices and other non-public areas. Control pests as appropriate,using corridors and other heavy traffic
drinking fountainssweep and damp Integrated Pest Management areas. As Required: Properly
mop or scrub restroom, clean all techniques,as specified in the GSA maintain plants and lawns.
restroom fixtures.Sweep sidewalks, Environmental Management Provide and empty exterior ash
parking areas&driveways(weather Integrated pest Management cans and dean area of any
permitting). Technique Guide(E402-1001). discarded cigarette butts.
The Lessor shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
4.02 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 times at no cost,including the use,during other than normal hours,
of necessary services and utilities such as elevators,restrooms,lights,and electric power. Cleaning shall be performed while CBP Officers are present.
CBP's normal hours of operation are from 8:00 AM to 5:00 PM,but will be based on the aircraft flight schedule and on an as-needed basis.
4.03 SECURITY MONITORING AND INTRUSION DETECTION SYSTEM(APR 2017)
Lessor agrees to provide and maintain the following:
1) An intrusion detection system(IDS)that is connected to a 24-hour,staffed,central monitoring station,which in the event of an alarm,
will immediately notify the Lessee. This must be a stand-alone system zoned specifically for and under the direct control of CBP;
2) A stand-alone video surveillance system that provides the following:
a. Exterior View:A sufficient number of cameras to monitor each access point,ensuring cameras are in a position to capture
the image of each individual entering.
b. Interior View: Ensure the coverage by cameras of any"strong-rooms"identified by the Lessee.
C. Monitoring Station:The operator of the CCN system shall be capable of providing all command related functions such as
pan/tilt/zoom to the cameras,as well as retrieving recorded video.
d. Digital Video Recorder: Provide 30-days of internal storage for each camera view.24-hour time lapse high resolution colored
monitoring With 30-day Digital Video Recorder(DVR)capabilities.
3) Physical Access Control Systems(PACS): Access points into the facility and strong rooms shall be controlled by card readers under
the sole control of CBP using a standalone management platform.
a. The PACS must comply with Homeland Security Presidential Directive 12(HSPD-12),Federal Information Processing
Standards Publication 201-1 (FIPS 201-1),Government Smart Card Interoperability Specification(GSC-IS V2.1)and GSA
Schedule 70 for products and service components.
b. Only vendors with a Certified System Engineer ICAM/PACS(CSEIP)can be used to design,purchase and install a PACS
equipment.HTTPS:/MNWV.SECURETECHALLIANCE.ORG/ACTIVITIES-CSEIP-REGISTRY/
C. Only equipment approved by the Government Services Administration(GSA),and listed on the idmanagement.gov,
approved product list(APL)can be
used. HTTPS://WVWV.IDMANAGEMENT.GOV/IDM/IDMFICAMPRODUCTSEARCHPAGE
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.
LEASE NO.HSBP-7116-L-DA0742,PAGE 10 LESSOR GOVERNMENT:-d-Ag' Modified GSA FORM L201D(10/16)
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 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 state and local law,code, or ordinance in accordance with Paragraph 2.15, Compliance with Applicable
Law. During the Lease term and any renewal period,the Lessor agrees,upon request,to provide the Government with additional information concerning
recycling programs maintained in the Building and in the Leased Space.
4.06 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.
4.07 MAINTENANCE OF PROVIDED FINISHES
A. Paint,wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in"like nevW'condition for the life of the
Lease. All painted surfaces,shall be repainted at the Lessor's sole expense,including the moving and returning of furnishings,any time during
the occupancy by the Government if the paint is not"like nevW'. 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 ten(10)years.
2. Lessor shall perform cyclical repainting of the Premises every ten (10) years of occupancy. This cost, including the moving and
returning of furnishings,as well as disassembly and reassembly of systems furniture,shall be at the Lessor's sole expense,however
the Government is responsible for the secure removal and return of computer and related equipment and any files and documents.
B. Carpet and flooring.
1. The Lessor shall repair or replace flooring at any time during the Lease term when:
(i) Backing or underlayment is exposed;
(ii) There are noticeable variations in surface color or texture;
(iii) Carpet has curls,upturned edges,or other noticeable variations in texture;
(iv) Tiles are loose;or,
(v) Tears or tripping hazards are present.
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.
4.08 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
This paragraph applies to all recipients of SBU Building information,including:bidders,awardees, contractors,subcontractors, Lessors, suppliers, and
manufacturers.
A. MARKING SBU. Contractor-generated documents that contain Building information must be reviewed by CBP to identify any SBU content,
before the original or any copies are disseminated to any other parties. If SBU content is identified,the LCO may direct the contractor, as specified
elsewhere in this contract,to imprint or affix SBU document markings to the original documents and all copies,before any dissemination.
B. AUTHORIZED RECIPIENTS. Building information considered SBU must be protected with access strictly controlled and limited to those
individuals having a need to know such information. Those with a need to know may include Federal, state, and local government entities, and
nongovernment entities engaged in the conduct of business on behalf of or with CBP. Nongovernment entities may include architects, engineers,
consultants,contractors,subcontractors,suppliers,and others submitting an offer or bid to CBP or performing work under a CBP contract or subcontract.
Contractors must provide SBU Building information when needed for the performance of official Federal,state,and local government functions,such as
for code compliance reviews and for the issuance of Building permits. Public safety entities such as fire and utility departments may require access to
SBU Building information on a need to know basis. This paragraph must not prevent or encumber the dissemination of SBU Building information to
public safety entities.
LEASE NO.HSBP-7116-L-DA0742, PAGE 11 LESSOR: GOVERNMENT: Modified GSA FORM L201 D(10/16)
C. DISSEMINATION OF SBU BUILDING INFORMATION:
1. BY ELECTRONIC TRANSMISSION. Electronic transmission of SBU information outside of the CBP firewall and network must use
session(or,alternatively,file encryption). Sessions(or files)must be encrypted with an approved NIST algorithm,such as Advanced Encryption Standard
(AES)or Triple Data Encryption Standard(31DES),in accordance with Federal Information Processing Standards Publication(FIPS PUB)140-2,Security
Requirements for Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL:
htti)://csre.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm. All encryption products used to satisfy the FIPS 140-2 requirement should have
a validation certificate that can be verified at http://csre.nist.gov/groups/STM/cmvi)/validation.html#02. (Not all vendors of security products that claim
conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU Building information only to authorized representatives of
state,Federal, and local government entities and firms currently registered as"active"in the SAM database at https://www.acguisition.gov that have a
need to know such information. If a subcontractor is not registered in SAM and has a need to possess SBU Building information,the subcontractor shall
provide to the contractor its DUNS number or its tax ID number and a copy of its business license.
2. BY NON-ELECTRONIC FORM OR ON PORTABLE ELECTRONIC DATA STORAGE DEVICES. Portable electronic data storage
devices include but are not limited to CDs, DVDs,and USB drives. Non-electronic forms of SBU Building information include paper documents.
a.By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm,proof of delivery,
signature confirmation,or return receipt.
b.In person. Contractors must provide SBU Building information only to authorized representatives of state, Federal, and local
government entities and firms currently registered as"active"in the SAM database that have a need to know such information.
3. RECORD KEEPING. Contractors must maintain a list of the state, Federal, and local government entities and the firms to which
SBU is disseminated under sections C1 and C2 of this paragraph. This list must include at a minimum:
a. The name of the state,Federal,or local government entity or firm to which SBU has been disseminated;
b. The name of the individual at the entity or firm who is responsible for protecting the SBU Building information,with access strictly
controlled and limited to those individuals having a need to know such information;
C. Contact information for the named individual;and
d. A description of the SBU Building information provided.
Once work is completed,or for leased Space with the submission of the as built drawings,the contractor must collect all lists maintained in accordance
with this paragraph,including those maintained by any subcontractors and suppliers,and submit them to the LCO.
D. RETAINING SBU DOCUMENTS. SBU Building information (both electronic and paper formats) must be protected, with access strictly
controlled and limited to those individuals having a need to know such information.
E. DESTROYING SBU BUILDING INFORMATION. SBU Building information must be destroyed such that the marked information is rendered
unreadable and incapable of being restored, or returned to the LCO, when no longer needed, in accordance with guidelines provided for media
sanitization available at htti)://csrc.nist.gov/publications/PubsTC.htm[#Forensics. At the Web site,locate SP 800-88,Guidelines for Media Sanitization,
available at HTTP://CSRC.NIST.GOV/PUBLICATIONS/NISTPUBS/800-88/NISTSP800-88 REVI.PDF.and click on the file name NISTSP800-
88_REV1.pdf. From there, you can choose to "Save" or"Download"the file. If SBU Building information is not returned to the LCO, examples of
acceptable destruction methods for SBU Building information are burning or shredding hardcopy; physically destroying portable electronic storage
devices such as CDs, DVDs, and USB drives;deleting and removing files from electronic recycling bins; and removing material from computer hard
drives using a permanent-erase utility such as bit-wiping software or disk crushers.
F. NOTICE OF DISPOSAL. The contractor must notify the LCO that all SBU Building information has been destroyed,or returned to the LCO,
by the contractor and its subcontractors or suppliers in accordance with section(e)of this paragraph,with the exception of the contractor's record copy.
For Leases,this notice must be submitted to the LCO in writing at the completion of the Lease term.
G. INCIDENTS. All improper disclosures of SBU Building information must be reported immediately to the LCO. If the contract provides for
progress payments, the LCO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the
contractor will prevent future improper disclosures of SBU Building information.
H. SUBCONTRACTS. The Contractor must insert the substance of this paragraph in all subcontracts.
4.09 INDOOR AIR QUALITY(OCT 2016)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that the GSA indicator levels for
asbestos,mold,carbon monoxide(CO),carbon dioxide(CO2),and formaldehyde(HCHO)are not exceeded. The indicator levels for office areas shall
be: Asbestos 70 s/mm2;mold(see paragraph entitled"mold"); CO 9 ppm;CO2 700 ppm above outdoor air;formaldehyde 0.016 ppm.
B. 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 alternative products outside of working hours. Except in an emergency, the Lessor shall
provide at least 72 hours advance notice to the Government before applying chemicals or products with noticeable odors in occupied spaces and shall
adequately ventilate those spaces during and after application.
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality(IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed at Lessor's expense,
to ascertain the source and severity of the complaint.
LEASE NO.HSBP-7116-L-DA0742,PAGE 12 LESSOR: �'�- GOVERNMENT: 14 0 Modified GSA FORM L201 D(10/16)
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies,as well as in
space serving the Space(e.g.,common use areas,mechanical rooms,HVAC systems,etc.). The Lessor shall assist the Government in its assessments
and detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing,if required;and
3. Implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government safety data sheets(SDS)upon request for the following products prior to their use during the term
of the Lease: adhesives,caulking,sealants,insulating materials,fireproofing or firestopping materials,paints,carpets,floor and wall patching or leveling
materials,lubricants,clear finish for wood surfaces,janitorial cleaning products,pesticides,rodenticides,and herbicides. The Government reserves the
right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals(any products with data in the Health and Safety section of the SDS sheets)may be present or used,
including large-scale copying and printing rooms,segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at least 0.5
cubic feet per minute per SF,no air recirculation. The mechanical system must operate at a negative pressure compared with the surrounding spaces
of at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water gauge)when the doors to the
rooms are closed.
4.10 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2016)
The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable
Federal,state,and local environmental regulations including,but not limited to,the following:
A. The leased Space shall be free of all asbestos containing materials,except undamaged asbestos flooring in the Space or undamaged boiler or
pipe insulation outside the Space,in which case an asbestos management program conforming to EPA guidance shall be 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 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.
2. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled
"Mold Remediation in Schools and Commercial Buildings"(EPA 402-K-01-001, March 2001),published by EPA,as same may be amended or revised
from time to time,and any other applicable Federal,state,or local laws,regulatory standards,and guidelines.
3. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the plan or any other
applicable Federal, state, or local laws, regulatory standards, or guidelines,the Lessor, at its sole cost, expense, and risk, shall immediately take all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence,or is otherwise unable to remediate the actionable mold,the Government may implement
a corrective action program in accordance with 2.18,Failure in Performance.
4.11 OCCUPANT EMERGENCY PLANS(SEP 2013)
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-7116-L-DA0742, PAGE 13 LESSOR: .GOVERNMENT: Modified GSA FORM L201 (10/16)
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 Homeland Security Presidential
Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards
Publication(FIPS PUB)Number 201,as amended.
B. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled
facility or access to a federal information system. Lessor compliance with sub-paragraphs below will suffice to meet the 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 either the 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 contractor/personnel 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 http://bookstore.gpo.gov), and Standard
Form 85P, Questionnaire for Public Trust Positions, completed by each person and returned to the Lease Contracting Officer(LCO) (or the LCO's
designated representative)within thirty(30)days from receipt of the 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.
C. The contractor/personnel will be instructed to access the website,and will receive on screen instructions which include but are not limited to:
1. How to Log In;
2. How to Answer and Create New Golden Questions;
3. What Additional Documents to Send;
4. How to Print and Sign two Signature Forms(Certification That My Answers Are True);
5. How to complete the submission process,press the"Release/Request Transmit to the Agency"and exit the process;and
6. Where to Send.
D. The Lessor must ensure prompt input,and timely receipt of the following,from its contractor/personnel:
1. Two(2)FBI Fingerprint Cards(Form FD-258)or one(1)card produced by a livescan device;
2. Certification That My Answers Are True;and
3. Authorization for Release of Information.
E. The Lessor must ensure the LCO(or the LCO's designated representative)has all of the requested documentation to ensure the completion
of the background investigation.
F. Based on the information furnished,the Government will conduct background investigations of the contractor/personnel. The LCO will advise
the Lessor in writing if a contractor/personnel fails the investigation,and,effective immediately,the individual will no longer be allowed to work
or be assigned to work in the Premises. Provided however, the foregoing provisions of this subsection shall not apply to individuals under
escort by a Lessor's 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
LEASE NO.HSBP-7116-L-DA0742,PAGE 14 LESSOR: GOVERNMENT:ZA Modified GSA FORM L201D(10/16)
(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.
5.02 SECURITY
The Lessor shall ensure that the Premises conform, at the Lessor's sole expense, to Department of Homeland Security and Customs and Border
Protection Minimum Security Requirements, as well as the Physical Security Criteria for Federal Facilities established by the Interagency Security
Committee.
5.03 LIABILITY
A. The Lessor may seek remedy for claims against the Government in accordance with the Federal Tort Claims Act,28 U.S.C.§§2671 et.seg.
B. The Lessor shall save harmless and indemnify the Government from any claimed or adjudged liability arising out of the maintenance or
condition of the Property.
5.04 AVAILABILITY OF FUNDS
In accordance with 31 U.S.C.§1341 and 41 U.S.C.§11,and other applicable federal laws,CBP's liability under this Lease and every term and condition
herein is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. Nothing in this Lease may be
considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. Nothing in this Lease may be construed or
interpreted to obligate the Government to any current or future expenditure of funds in advance of,or in excess of,the availability of appropriations,nor
does this Lease obligate the Government to spend funds for any particular project or purpose,even if funds are available.
5.05 SOVEREIGN IMMUNITY
Nothing in this Lease constitutes or can be construed as a waiver of sovereign immunity.
5.06 NO PRIVATE RIGHT OR BENEFIT CREATED
The parties agree that this Lease is not intended and should not be construed to create any right or benefit,substantive or procedural,enforceable at
law by an outside party against either the Lessor or the Government.
LEASE NO.HSBP-7116-L-DA0742,PAGE 15 LESSOR:,5c—c GOVERNMENT:al Modified GSA FORM L201 D(10/16)
Exhibit A
HSBP-7116-L-DA0742
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INITIALS:--,-- & «��
LESSOR GOVERNMENT
Exhibit B
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Exhibit C
System for Award Management SAM Request for Lease Dated
ADDENDUM to the S
Y 9 (SAM) Proposals Number
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions HSBP-7116-L-
of Leasehold Interests in Real Property) DA0742 �4/912-0tP'
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The "Offeror,"as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2) The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product which
it did not itself manufacture, is 500 employees.
(b) The System for Award Manaqement (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.
P4 Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government, or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is [] is not jYJ a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
INITIALS: & a 0
LESSOR GOVERNMENT GSA FORM 3518-SAM PAGE 1 (04/15)
Exhibit C
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is [] is not[] 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
7 — (�oz--
Si nature Date
PRIJ?VED AS TO FORM AND LEGALITY:
44�-�4-
ciTYATrOWNEY
INITIALS: �- &
LESSOR GOVERNMENT GSA FORM 3518-SAM PAGE 2 (04/15)
Exhibit D
HSBP-7116-L-DA0742
U. S. CUSTOMS AND BORDER PROTECTION(CBP)
MEMORANDUM OF AGREEMENT TO REIMBURSE CBP
This Memorandum of Agreement("MOA")outlines the agreement between the City of Fort
Worth Airport Aviation Department(Fort Worth)and U.S Customs&Border Protection(CBP)
in regards to the port sponsor's responsibility to reimburse CBP for costs related to providing
information technology(IT) services at the below named location. The legal authority for CBP
to enter into and require such an agreement is found at 8 U.S.C. § 1222-1225 and 1357;6 U.S.C.
§ 231; 19 U.S.C. §2, 482, 1433, 1434, 1448, 1449, 1461, 1459, 1463, 1467, 1499, 1552, 1581,
1644; and 19 C.F.R. §19 and 113.
Operator/Authority: City of Fort Worth Aviation Department
Location: 201 American Concourse. Suite 330
Fort Worth, TX 76106
CITY OF FORT WORTH AVIATION DEPARTMENT (FORT WORTH)
RESPONSIBILITIES
Data and Cabling
FORT WORTH will be responsible for the procurement and installation of all data cabling and
electrical components required for connectivity of the Automated Data Processing(ADP)LAN,
Data, Voice Communications Systems and IT equipment according to CBP Office of
Information Technology(OIT)provided specifications.However, FORT WORTH must give
CBP two weeks advance notice of all cable pulls so that CBP can be present and observe their
installation.
Reimbursement of ADP LAN,Data, and 1T Equipment Costs
FORT WORTH agrees to reimburse CBP for all ADP LAN, Data, and IT equipment and
connectivity costs, including equipment ordering, installation, maintenance,and recurring costs
relative to standing-up and maintaining continuous CBP operations at the City of Fort Worth
Meacham International Airport General Aviation Facility(GAF). Estimated ADP LAN, Data,
and IT equipment costs total $100,682 which includes a non-recurring cost of$7,200 for CBP to
procure the circuit.Attached is CBP OIT's Cost ROM that identifies the ADP LAN,Data, and IT
equipment requirements for the GAF operations at the City Fort Worth Meacham International
Airport GAF for which the FORT WORTH will reimburse CBP.
FORT WORTH will be billed for the costs of the ADP LAN,Data, 1T equipment,the one-time
and recurring charges for the network, and any required replacement equipment. Recurring
outyear network charges for this Verizon Data Circuit are estimated at$7,200 per year.
1
INITIALS: &
LESSOR G VERNMENT
Exhibit D
HSBP-7116-L-DA0742
ADP LAN,Data, and IT Equipment Upgrades
Upgrades to the ADP LAN,Data,and IT equipment may be required on a schedule determined by
CBP (approximately every 3-5 years, as needed). FORT WORTH also agrees to reimburse CBP
costs to upgrade ADP LAN,Data, and IT equipment. CBP will provide FORT WORTH at minimum
a 180 day notice advance of required upgrades.
FORT WORTH Accounts Payable Information
FORT WORTH Tax Identification Number: 75-60000528
FORT NORTH Bill To Representative: Diana Lama
FORT WORTH Phone Number: 817.392.5400
FORT WORTH Email Address: AVIaccounting@fortworthtexas.gov
FORT WORTH Address: 201 American Concourse, Suite 330
Fort Worth, Texas 76106-1503
FORT WORTH Voice Communications Services
FORT WORTH shall be responsible for ordering and funding the telephone equipment and
service line(s)required to establish voice connectivity for the GAF. These requirements are not
included as cost to be reimbursed in the estimate, but for direct procurement,installation,and
maintenance by FORT WORTH and its vendor of choice. CBP will retain possession of the
Voice Communications Systems equipment ordered, installed,maintained and funded by FORT
WORTH including any monthly services and connectivity costs. FORT WORTH will ensure the
continued connectivity of the telephone line(s)at the GAF at no cost to CBP. CBP will transfer
possession of all Voice Communications Systems equipment used in CBP operations and funded
by FORT WORTH for the GAF when CBP vacates the premises.
Payment Process
Upon execution of this MOA,CBP OIT will forward a signed original copy to the CBP National
Finance Center(NFC). Upon receipt and installation of all equipment,the NFC will issue
FORT WORTH a bill for the actual ADP LAN,Data, and IT equipment costs not to exceed
$100,682.The CBP NFC will also bill FORT WORTH 90-days prior to the due date for$7,200
in recurring out-year network and connectivity charges owed,and any sums owed for future
ADP LAN, Data, and IT equipment upgrades and replacements.
Pursuant to 19 C.F.R. § 24.3a,any amounts due CBP under the terms of this agreement not
reimbursed within 30 days of billing will begin accruing interest'charges based on current U.S.
Treasury borrowing rates and may ultimately be referred for collection against FORT WORTH
surety.
Equipment Ownership
FORT WORTH will retain ownership of all ADP equipment purchased by CBP and reimbursed
by FORT WORTH for the GAF. CBP will transfer possession of all ADP LAN,Data,and IT
equipment used in CBP operations and reimbursed by FORT WORTH for the GAF when CBP
vacates the premises. Within one month(30-days)following installation and reimbursement,
CBP OIT will deliver a list of Serial Numbers and/or other identification and
2
INITIALS: &
LE98OR GOVERNMENT
Exhibit D
HSBP-7116-L-DA0742
warranty information for FORT WORTH reimbursed ADP LAN,Data, and IT equipment to
FORT WORTH as instructed below.
FORT WORTH ADP Equipment Administrator: Bobby Lee,IT Soultions Manager
FORT WORTH Email Address: Bobby.I.ee@fortworthtexas.gov
FORT WORTH Phone Number: 817.392.2310
FORT WORTH Ship to Address: 201 American Concourse,Suite 125
Fort Worth,Texas 76106-1503
U.S. CUSTOMS AND BORDER PROTECTION (CBP)RESPONSIBILITIES
Equipment Connectivity and Maintenance
The CBP OIT will be responsible for ordering and installing required data equipment and
connection(s)from the City of Fort Worth Meacham International Airport GAF to the CBP
National Data Center, and imaging, maintaining, and controlling all of the ADP LAN, Data, and
IT equipment listed in the attached CBP OIT Cost ROM for the GAF as required by CBP,the
costs of which FORT WORTH shall reimburse CBP. FORT WORTH will incur no additional
costs or CBP OIT charged service fees for any required ADP LAN,Data,and IT equipment
maintenance/repair/replacement covered by CBP procured equipment warranties.
AUTHORIZATION(TWO ORIGINALS WITH SIGNATURES ARE REQUIRED)
Agreement to these terms is attested by the signatures below.
APPROVED: APPROV 'L RECOMMENDED
City Off^ t Worth
Loh 7
Bill Welstead
Signature Date Aviation Director
Fernando Costa,Assistant City Manager Fernando.Cos tatafortworthtexas.gov 817-392-8476
Printed Name and Title Email Phone
CONTRACT MANAGER
By siging,I acknowledge that I am
the person responsible for the
monitoring and administration of
this contract,including ensuring all
j performance and reporting
Judson W. Murdock Tri to requirements.
Director Field Operations
Customs and Border Pro chin 'S 4 By:
X Aya Ealy
a Administrative Manager
APPROVED AS TO FORM AN f3 '• Kay, Aviation Department
LEGALITY: �yQ Secretary 3
By.
M&C:C-28424
INITIALS: Date:10/10/17
Form 1295:N/A
A�FSWBAttorneNGOVERNMENT
Exhibit D
I-ISBE-7116-L-DA0742
U.S. Customs and Border Protection
Office of Information & Technology
Cost Sign-Off Document*
("Actual costs will be derived from actual obligations)
This is a Rough Order of Magnitude Estimate.
Final costs will be determined once the network designs are completed
Site: FWR040A-Meacham International Airport
Date Prepared; 10/12/2017
Preparers Tracey Marbury
Equipment Costs (OCC
-3'I)
Line
Item Description Qty Unit Cost Total
1 Cisco Catalyst 3850 24-port POE+GE,IP Services Switch(BRAND 1 $10,000.00 $10,000.00
NAME or EQUIVALENT)with 24x7x4 support and the following
components and associated quantities per switch
1 -CISCO CATALYST 3850 24 PORT POE IP SERVICES
1 -US ONLY NBD 8X5 SMARTNET CAT3850 24PORT POE IP
1 -CAT3850 UNIVERSAL K9 IMAGE
1 -715W AC CONFIG 1 SECONDARY POWER SUPPLY
1 -CISCO CATALYST 3850 4 X 1 GE NETWORK MODULE
1 -NORTH AMERICA AC TYPE A POWER CABLE—QTY 2
1 -50CM TYPE 1 STACKING CABLE
1 -CATALYST 375OX AND 3850 STACK POWER CABLE 30 CM
2-715W AC CONFIG 1 POWER SUPPLY
2-Console Cable 6 ft with USB Tvne A and mini-B
2 Riverbed Steelhead CX255M(no fiber),1 RU(13L x 8W x 1.73H) 1 $7,047.00 7,047.00
SteelHead CX 255 Appliance B020 with RiOS
License SteelHead CX 255 Mid Appliance,6Mbps,150 conn
SteelHead CX Appliance 255 Gold Support
Disc/Memo Su art-xx55 CX255/55517551570/770
3 Cisco Aironet 3700 Series Access Point(single unit) 2 $1,800.00 $3,600.00
AIR-CAP37021-AK910-802.11 ac Ctrlr 1AP 4x4:3SS w/C1eanAir; Int
A Reg Domain
CON-SMTP-C3721A10 SMARTNET 24X7X4 802,1 lac Ctrlr 1AP
SWAP3700-RCOVRY-K9-Cisco 3700 Series IOS WIRELESS LAN
RECOVERY
AIR-AP-BRACKET-2 802.11 n AP Universal Mounting Bracket
AIR-AP-T-RAIL-R Ceiling Grid Clip for Aironet APs-Recessed Mount
(Default)
AIR-CAP37021-ABULK BOM Level AP3700i Bulk PID for A reg domain
CON-SNTP-C3721AB SMARTNET 24X7X4 BOM Level AP3700i
4 APC Smart-UPS XL 2200(BRAND NAME or EQUIVALENT) 1 11200.00 $1,200.00
2200 VA,Input 120V/Output 120V, Interface Port DB-9 RS-232, Smart-Slot,
USB Extended runtime model Rack Height 2 U
4
INITIALS:_ & _ d Af___._.
LESSOR GOVERNMENT
Exhibit D
HSBP-7116-L-DA0742
Line Qty Unit Cost Total
Item Description
5 Dell 42U Rack and 8 Port KVM System 1 $4,700.00 $4,700.00
(BRAND NAME or EQUIVALENT)
Base Unit:42U Rack with Locking Doors and Side Panels, Ground Ship
NOT for AK/HI
1 U KMM Console with Touchpad Keyboard and 17 LCD, Rack mount
42U Rack Interconnect Kit, PS to PS
15 Amp,120/208V, IEC Power Strip
120 Volt Powered Fan Kit for cooling rack
42U Rack Stabilizer
Qty 4, Fixed Rack Equipment Shelf
Base Unit:8 Port Keyboard/Video/Mouse KVM Switch: One local console
connection(s)via 15-pin VGA monitor, PS/2 or USB mouse, PS/2 or USB
keyboard. One serial RS232 network connection, provides access to KVM
switch for up to two simultaneous users. Ei
Cable: Qty 4, PS2 Style Server Interface for Above Base Unit
Cable: Qty 4, USB Style Server Interface for Above Base Unit
6 Standard Desktop Requirements:Slim Line Form Factor 5 $1,200.00 $6,000.00
Base Unit: Standard:
-in accordance with Executive Order(E.O.)13423,Part 23 of the Federal
Acquisition Regulation(FAR), and Department of Homeland Security
Management Directive 025-01, Sustainable Practices for Environmental,
Energy and Transportation Management and Executive Order 13514
Federal Leadership in Environmental, Energy,and Economic Performance,
Section 2(h)(i), requires agencies to promote"electronics stewardship"by
1.Ensuring procurement preference for EPEAT-registered electronic
products;
2.Establishing and implementing policies to enable power management,
duplex printing, and other energy-efficient or environmentally preferable
features on all eligible agency electronic products;
3.Employing environmentally sound practices with respect to the agency's
disposition of all agency excess or surplus electronic products;
4.Ensuring the procurement of Energy Star and FEMP designated
electronic equipment;and
5.Implementing best management practices for energy-efficient
management of servers and Federal data centers
Manufacturer must meet EPEAT Silver certification at a minimum with
progress towards Gold certification.EPEAT Gold Certification is preferred_
•ATX, Micro-ATX,or BTX chassis,with power supply and motherboards
uniquely designed to manage heat throughout the system.
•Thermal-management technology using variable speed fans for additional
cooling,while using less power and generating less noise.
•Thermal Sensor—Measures the incoming ambient air temperature to
appropriately control internal cooling and helps improve thermal reliability.
Power Supply: Standard
24OW 92%efficient PSU (80PLUS Platinum Certified)Energy Star
Compliant
5
INITIALS: &
LESSOR GOVERNMENT
Exhibit D
Line
Item Description Qty Unit Cost Total
Processor: Standard
6th Gen Intel Core i5&7 Intel Xeon Processor E3-1200 v5 family,
equivalent or better.
Chipset:Standard
Intel C236 Chipset equivalent or better.
Memory:Standard
Minimum 8GB DDR3 with 2 empty usable memory slots available.
Hard Drive: Standard
3.5"Hard Drives minimum 320GB 7200 RPM SATA or larger
Video Card:Standard
Integrated Intel HD Graphics 4600,equivalent or better.
•(2)Digital display out minimum
•DVI or HDMI w/VGA&DVI Adapters for dual monitor support
Optical Drive:Optional
•1 Slim optical drive: DVD-ROM; DVD+/-RW
•Optional Internal SD Card reader
Network Card: Standard
•Integrated NIC support 10/100/1000 MB/s
•Wake On LAN capable.
Power Management:Standard
•Able to set power on Everyday or Weekdays at the time set in Auto Power
Time.
•Able to set Low Power Consumption Mode on/off to conserve power.
•Able to set different Power Suspend Modes to conserve power(Monitor,
CPU, Hard Drive).
•System can be powered up remotely from Power Suspend,Off,or Low
Power Consumption Mode.
Sound Card:Standard
Integrated High Definition Audio
Keyboard and Mouse:Standard
•USB 104 Keyboard W/PIV Reader
• USB Optical Mouse
USB Connections: Standard
•Up to 10 USS connections on the unit-of which minimum(4)USB 3.0
•6 rear and 4 front recommended configuration on the unit
Expandable: 1 half height PCIe x16; 1 half height PCIe x16(wired x 4)
•Minimum 2 available usable PCI slots to add optional cards as needed_
•Firewire card may use one of these slots as needed.
Standard Ports:Standard
•(1) RJ45
•(1)Serial
•(2) PS/2
•(2) Display ports/DVI or HDMI); Dual VGA or DVI to dual VGA cable
provided for dual monitor support
•Line in Stereo/microphone
•Line out headphonelspeaker
External Ports: Optional(In addition to the standard ports as sited
above)
• (1) External SATA port
• (1)Serial Port
•(1)VGA Connector
•(1) Internal SD Card reader
6
INITIALS: &
LESSOR GOVERNMENT
Exhibit D
HSBP-7116-L-DA0742
Line Qty Unit Cost Total
Item Description
Security: Standard
•Trusted Platform Module version 1.2 or greater
•Chassis lock slot support
•Optional chassis Intrusion switch,Setup/BIOS password, 1/0 interface
security
Features:Standard
•BIOS flash upgrade capability must be provided.
•Desktop and smaller form factor workstation
•Toolless design case,all parts except motherboard can be serviced and
swapped without tools. Power supplies,disks, cards,optical drives,fans all
serviceable without tools,
•BIOS multi-level security settings,including Administrator password,
System boot password, BIOS password.
•Ability to store Asset tag or other tracking number in BIOS(this is in
addition to the service tag stored in BIOS).
-Ability to override password reset jumper(if machine is lost/stolen,can't
just pull jumper to reset BIOS passwords).
•Ability to integrate system management with in-house tools, including
ability to remotely manage BIOS updates and BIOS settings.
-LED diagnostic Lights on front chassis to assist Helpdesk with
diagnosis/Troubleshooting/service dispatch (bad DIMM, Hard disk, NIC,
CPU,graphics card, BIOS, etc.)
Services:Standard
•3 Years Basic Support: Next Business Day Parts and Labor Onsite
Response.
•Hardware Documentations, Manufacture Applications and Drivers
provided via CD or DVD.
•Hard Drive Retention Service(No RMA of failed drives)
•Vendor must host their own manuals, drivers and applications for
download. (No FTP downloads or links to third party websites permitted).
•Global service and support.
• Must be able to provide roadmap review every 6 months.
OEM Operating Systems:Standard
• Support Windows 7 32bit or greater
•Capable of Win 10 64bit upgrade
•Hard Drive Retention Service(No RMA of failed drives)
•Vendor must host their own manuals,drivers and applications for
download.(No link to third party website).
•Global service and support.
• Must be able to provide roadmap review every 6 months.
OEM Operating Systems:Standard
•Support Windows 7 or greater
•Capable of Win 8 64bit upgrade
7 SCCM Desktop Requirements:Slim Line Form Factor 1 $1,200.00 $1,200.00
8 Dell P2214T3-22 TAA Workstation Monitor-P2214H with 3 Year 8 $350.00 $2,800.00
Warranty
22-inch Wide Screen Flat Panel 1920 X 1080 pixel resolution or
Equal
• 16:9 Aspect Ratio, USB Monitor Soundbar
- 1000:1 /2000000:1 (dynamic)contrast ratio
•5ms(black-to-white)response time for crisp images
• 178 degree horizontal and vertical viewing angle
•3-year Advance Exchange Warranty
7
INITIALS: &
LESSOR GOVERNMENT
Exhibit D
Line
Item Description Qty Unit Cost Total
9 Dell USB Soundbar(BRAND NAME or EQUIVALENT) 8 $100.00 $800.00
Sound bar speakers must be compatible with P2214 monitor above or equal
10 3M PF22.OW Privacy Filter(BRAND NAME or EQUIVALENT) 8 $100.00 $600.00
Privacy Fileter must be compatible with P2214 monitor above orequal
11 Crossmatch Guardian USB Scanner#920108 3 $5,200.00 $15,600.00
(BRAND NAME or EQUIVALENT)
Dimensions 6"x 6"x 4.7"(152 mm x 152 mm x 120 mm)
Weight 4.0 lbs.(1.8 kg)
Sealed, rugged case with high tolerance for shock and vibration
Rubber overmold for sure handling and shock absorption
Lighted platen power status indicator
Green illuminated pictograms guide the user through image capture
Auto capture feedback through four LED lights indicating image quality
Heated platen to eliminate condensation and halo effect
Flats, Rolls
USB 2.0 High Speed
External separate power supply
Accepts standard security cable
Optional ambient light shield for use in direct sunlight
Roll Capture license, Mounting bracket, Supply kit
Metal Plate and screws for bracket installation(Identifier Part A:920098-
002
12 3M Passport Reader, Model AT9000 3 $2,500.00 $7,500.00
(BRAND NAME or EQUIVALENT)
In a simple hand-swipe operation the AT9000 Passport Reader captures the
OCRB codelines from all Machine Readable Travel Documents which
conform to the international standards.
Support for biometrically enabled travel documents containing contactless
integrated circuit chips(elDs and ePassports)
Quality assurance and chip encoding applications during the document
issuance process. Optical document analysis in border management and
transportation environments.
13 Logitech QuickCam(not WebCam)Pro 9000:
(BRAND NAME or EQUIVALENT)
Universal monitor clip;USB cable(6 feet);Quickcam Software CD,
including:Logitech QuickCam applications; QuickStart guide;2-year limited
warranty; Carl Zeiss lens;Autofocus system; Ultra-high resolution 2- 3 $150.00 $450.00
megapixel sensor with RightLight 2 Technology;Color depth 24 bit true
color;Video capture;up to 1600x1200 pixels(HD quality)(HD video
960x720 pixels);frame rate up to 30 frames per second. Still image capture
8 million pixels(with software enhancement); built-in microphone with
Ri htSound technology.
SnakeClamp Flex Arm for Camera
(Brand Name or Equivalent)
14 SnakeClamp 18"Heavy-Duty Flexible Gooseneck Arm for Camera, Chrome 2 $20.00 $40.00
(Replacement for Ledco Flex Arm)
SnakeClamp Base Plate Mount for Camera
(Brand Name or Equivalent)
SnakeClamp 3"x 3"Plate Mount is made of 6mm thick steel and has a
15 black powdercoat finish.Great for permanently attaching your SnakeClamp 2 $20.00 $40.00
to bars, under cabinets,workbenches,etc. Includes(4)#12 x 1"long wood
screws
(Replacement for Ledco Flex Arm)
8
INITIALS: & _
LESSOR G VERNMENT
Exhibit D
HSBP-7116-L-DA0742
Line
Item Description Qty Unit Cost Total
SnakeClamp Camera Mount Adapter
(Brand Name or Equivalent)
SnakeClamp Camera Mount Provides a standard 1/4"-20 thread for
16 2 $20.00 $40.00
attaching to cameras and video cameras.Allows for precise positioning.
Type 303 stainless steel and rubber padded locking nut.
(Replacement for Ledco Flex Arms
17 HP LaserJet 3015dn Printer(BRAND NAME or EQUIVALENT) 1 $800.00 $800.00
42ppm; 1200x1200 dpi; 100,000 monthly duty cycle; 128MB RAM standard,
640MB max; 256MB memory upgrade; Installation of memory upgrade into
printer; 1 hi-speed USB 2.0 port; 1 Gigabit Ethernet 10/100/1 OOOBase-TX;
1 EIO; 1 yr on-site warranty;patch cable-1 O'Cat 6 with RJ45 connectors;
10'USB 2.0 Hi-Speed cable A to B connection;APC Professional Surge
Arrest Strip.
18 HP OfficeJet Pro,Ver: 8620 series; Printer/Scanner/Copier 2 $300.00 $600.00
34 ppm Mono Print-34 ppm color;
Scan Resolution-Up to 1200 x 1200 dpi;
Optical Scan-Automatic Duplex Print-250 sheets Input Tray; 150 output
tray;
Ports: 1 USS 2.0; 1 Host USS; 1 Ethernet; 1 Wireless 802.11 b/g/n;2 RJ-11
modem ports
19 HP ScanJet,Ver:5590 Scanner 1 $280.00 $280,00
High-quality scans at 2400 dpi optical resolution and 48-bit color;
Unattended two-sided,multi-page scanning with included automatic
document feeder; Scan up to 8 pages-or 4 images-per minute and
preview scans in about 7 seconds
Scan,copy,print,e-mail and more-many features available using onetouch
buttons.
Plug and play using Hi-Speed USS-compatible with USS 2.0
specifications.
Scan and e-mail-photos and documents-no slow downloads or large
attachments
20 Dell Latitude E7450(Brand Name or Equivalent) 1 $2,000.00 $2,000.00
Windows 7 Professional 64, No Media, 64 bit, English,
Processor Intel Core 15-53000 (2.9Ghz, 3M cache,upgradeable to Intel
vPro Technology), TAA
Memory-8136, DDR3L-1600Mhz SDRAM, 1 DIMM Internal,Keyboard
Internal English Backlit Dual Pointing Keyboard
Intel UMA graphics; Primary Storage 256GB Solid State Hard Drive, FIPS
Opal Encrypted, Security Hardware Dell ControlVault
Fingerprint Reader,Smartcard Reader, Contactless Smartcard Reader,Anti
Gieare LED-Backlit;AD Adapter 65W AIC Adapter
E-Modular Primary Optical Device 8X DVD+1-RW;
Built-in Camera and Microphone Light Senstive Webcam and Noise
Cancelling Digital Array Mic;Wireless LAN(802.11)
No Out-of-Band Systems Management; No Productivity Software;3-cell
Primary Lithium Ion Battery, 3.0Ah Express Charge Capable
3 Year warranty-Onsite service; Federal Keep Your Hard Drive Service 3
Ye Energy Star&EP T Energy Star 5.2 enabled 9
INITIALS:��&
LESSOR GOVERNMENT
Exhibit D
HSBP-7116-L-DA0742
Line
Item Description Qty Unit Cost Total
USB 3.0;System Resource CD w/Drivers; Global service and support.
Integrated 10/100/1000 Ethernet LAN conector;Wake-on-LAN capable;
Trusted Platform Module version 1.2
BIOS flash upgrade capability must be provided.
BIOS multi-level security settings, including Administrator password, System
boot password, BIOS password.
Ability to store Asset tag or other tracking number in BIOS(this is in addition
to the service tag stored in BIOS)_
Ability to integrate system management with in-house tools, including ability
to remotely manage BIOS updates and BIOS settings.
21 APC®P7V 7-0utlet 840 Joule Surge Suppressor 8 $30.00 $240.00
(Brand Name or Equivalent)
APC Seven-Outlet Surge Suppressor-Powers and Protects Your Devices
-Attenuates EMI/RFI line noise that can cause data errors and keyboard
lockups, ensuring better performance of protected equipment.
•Input voltage: 120 VAC
•Input connection: NEMA 5 15P input plug
•6'cord
•Dimensions:4"(H)x 1 1/2"(W)x 5 1/2"(D)
•Receptacles:7 x NEMA 5 15R
• Form factor: External
•Protection mode:Catastrophic event protection,fail safe mode, status
Indicator LED's,building wiring fault indicator,lightning and surge protection
•Transformer block spacing
• Environmental conditions.Temperature: 0-40 deg C operating,-15-45
deg C storage, Humidity: 0-95%, Elevation: 0-10000 meters operating, 0-
50000 meters storage
•Lightning and surge protection to prevent damage to your equipment from
power surges and spikes
•Noise filtering:Attenuates EMIIRFI line noise that can cause data errors
and keyboard lockups,ensuring better performance of protected equipment
• Dataline protection: Cable modem/video protection
•Includes:Audio/video surge protector 7 outlets 120V,6 ft gold plated
coaxial cable, user manual
-Standards and certificates:CSA, UL 1363, UL 1449, RoHS
•Weight: 1.1 lbs.
•Warranty:Lifetime limited
22 Cables To Go(BRAND NAME or EQUIVALENT)IU 24-Port CAT6 110- 1 $80.00 $80.00
Tvae Patch Panel
23 Cables To Go(BRAND NAME or EQUIVALENT)2U(3.51nch)Horizontal 2 $40.00 $80.00
Cable Management Panel
24 Cables To Go 3'Blue Patch Cable;25 Pack 1 $150.00 $150.00
25 Cables To Go 5'Blue Patch Cable;25 Pack 1 $175.00 $175.00
26 Cables To Go 7'Blue Patch Cable;25 Pack 1 $200.00 $200.00
27 Cables To Go 10'Blue Patch Cable; per cable 15 $11.00 $165.00
28 Cables To Go 14'Blue Patch Cable; per Cable 5 $13.00 $65.00
29 Cables To Go 25'Blue Patch Cable;per Cable 5 $24.00 $120.00
30 Cables To Go 29853-25ft Hook-and-Loop Cable Wrap 2 $15.00 $30.00
31 10% Cost Contingency for Equipment 1 $6,680.00 $6.680.00
Total Equipment Cost: $73,482,00
INITIALS: & a Rf
10
LESSOR GOVERNMENT
Exhibit D
HSBP-7116-L-DA0742
Line Qty Unit Cost Total
Item Description
:1
Circuit Costs OCC-M
32 Verizon 3xT1 Circuit Non Recuring Router Replacement Cost(Installation)- 1 $15,000.00 $15,000.00
ESTIMATED
33 Verizon 3xT1 NEW Annual Recuring Costs(MonthlyCost=$600.00 1 $7,200.00 $7,200.00
x12mos.)-ESTIMATED
34 Special Construction/Circuit Extension Cost Contigency 1 $52000.00 $5,000.00
Total Annual Circuit Costs: $27,200.00
Travel / Installation Costs OCC-21
35 1 Travel for Data Engineer 1 1 1 $0.001 $0.00
Total Travel Costs: $0.00
TOTAL ESTIMATED INITIAL EQUIPMENT AND SERVICES COSTS $100,682.00
Out Year Recurring Service Costs:
36 Verizon 3xT1 NEW Annual Recuring Costs(MonthlyCost=$600.00 1 $7,200.00 $7,200.00
1x12mos.)-ESTIMATED
Total Estimated Annual Service Costs $7,200.00
11
INITIALS:_ &� .
LESSOR GOVERNMENT
Exhibit D
Line Qty Unit Cost Total
Item Description
NOTE:The OIT Cost Sign-Off Document and the associated estimated costs listed above expires 90 days from the
above Date Prepared or at the end of the Governments current fiscal year,whichever comes first. After such time,a
new OIT Cost Sign-Off Document is required.
Acceptance
By signing below, I accept any and all costs associated with the purchase and installation of equipment itemized above.
Authority Signature: Date:
__-- Il 7 ,201 7
Authority Tinted N
Jeff Kloska,Assistant Director
Phone/Email Address:
817-392-5408 Jeff.ICloska@fortworthtexas.gov
OlT REFERENCE Number: FWR040A-0F0-18014C
Document Expiration Date: 01/10/2018
12
INITIALS: - 8�u
LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
U.S.CUSTOMS AND BORDER PROTECTION(CBP)
MEMORANDUM OF AGREEMENT
USER FEE FACILITY PROGRAM
Under the provisions of Section 236 of the Trade and Tariff Act of 1984 (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: Meacham International Airport
Airport Location: 201 American Concourse
Fort Worth, Texas 76106-1503
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 un-reimbursable 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.
See 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).
None
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.
Services will be confined to Meacham International Airport property only.
1
INITIALS:
LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
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 one (1) full-time officer 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 to Friday, excluding Federal Public Holidays
Hours of Service from 8:00 a.m. until 5:00 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.
FACILITY RESPONSIBILITIES
Base Fee
The facility agrees to reimburse U.S. Customs and Border Protection for the full-year cost of
each officer.The base fee for each full-time officer is currently$140,874 for the first year and
$123,438 for succeeding years. This amount is subject to change. All base salary changes will
reflect the costs of services being provided which includes all salary and benefit costs, and all
administrative overhead costs.
2
INITIALS:_ &
LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
The facility agrees to pay all cost-of-living allowances, if applicable. Fees will be increased for
all adjustments and changes in the rate of pay and allowances mandated by legislative and
regulatory requirements.
Additional Fees
The facility agrees to reimburse all travel, transportation, relocation, and per diem costs
incurred by U.S. Customs and Border Protection in performing regular inspectional duties or
for personnel to be brought to the facility from other locations for internal control verifications,
special enforcement activities, training, etc., as may be necessary. If authorized by law,
relocation costs may be incurred by the facility authority upon termination of the MOA by
either party.
The facility agrees to reimburse all ADP costs, including equipment purchase, installation,
connectivity, maintenance and the cost of upgrading and replacing equipment on a schedule
determined by U.S. Customs and Border Protection.
Payment of Fees
All of the above-mentioned expenses will be determined in accordance with generally accepted
accounting principles and standards. The annual fee will be billed in quarterly installments.
The initial payment is due 15 days prior to the service date of this agreement. Any cost-of-
living allowance, travel, per diem, transportation, relocation, and any other variable expense
will be collected after it is incurred, and will be invoiced as an adjustment to the next quarterly
installment.
If any amounts due U.S. Customs and Border Protection under the terms of this agreement are
not paid within 90 days of billing,the agreement will be automatically terminated. In the event
of termination, all costs incurred by U.S. Customs and Border Protection, which have not been
reimbursed, will become immediately due and payable. Interest on unpaid fees will accrue
based on current U.S. Treasury borrowing rates. The facility authority may file a protest under
19 U.S.C. §1514 for any charges it believes to be excessive or incorrectly included in the bill
provided by U.S. Customs and Border Protection. Any protest must be filed within 180 days of
receipt of the bill sent by U.S. Customs and Border Protection. If a protest is filed, the
procedures set forth in 19 C.F.R.Part 174 must be followed.
Facilities
The facility authority requesting services must satisfy U.S. Customs and Border Protection
facility standards before submission of this agreement. The standards are specified in the
Airport Technical Design Standards for Passenger Processing, the Cruise Terminal Design
Standards, the Physical Security policy of U.S. Customs and Border Protection and any
applicable combination or revision. Prior to submission of this agreement, the U.S. Customs and
Border Protection Field Office that oversees the facility will inspect the facility and verify
whether the standards are met. Facilities that do not meet facility standards after initial approval
will be subject to a 120-day termination notice. U.S. Customs and Border Protection reserve the
right to update the facilities standards as necessary.
3
INITIALS:_vc�_.�&_ --
LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
Secure space must be provided for the U.S. Customs and Border Protection officer to inspect
baggage and store seized items. The space provided to and occupied by U.S. Customs and
Border Protection personnel must remain under the control of the facility that is entering into
this agreement.
ADP Equipment
U.S. Customs and Border Protection have specific requirements for software, computers,
printers, file servers, data cabling, and connectivity to the U.S. Customs and Border Protection
National Data Center. The Office of Information and Technology will be responsible for
ordering and installing a frame relay data connection from your facility to the U.S. Customs
and Border Protection National Data Center. The Office of Information and Technology will
develop the automated equipment configuration, determine the cost for this ADP equipment,
and procure and install the ADP equipment based on the number of officers at this facility. The
facility will be responsible for the procurement and installation of all data cabling components
required for connectivity of the ADP equipment according to OIT provided specifications.
The facility will be billed for the purchase of the ADP equipment, the one-time charges for the
network installation, and the annual recurring costs for equipment maintenance and network
connectivity. This ADP equipment and network will be covered under U.S. Customs and
Border Protection maintenance agreements. Equipment problems and network outages must be
reported to the U.S. Customs and Border Protection Help Desk by the Port Director. Upgrades
to the ADP equipment will be required on a schedule determined by U.S. Customs and Border
Protection(every 3 years). The facility will retain ownership of this equipment.
Third Party Charges
If the facility seeks reimbursement by the individual users of the U.S. Customs and Border
Protection services provided, for example air carriers, the facility agrees to set and periodically
review its rates to ensure that they are in accord with the U.S. Customs and Border Protection
services provided.
SERVICE DATE
Service will begin on a date determined by U.S. Customs and Border Protection. Billing will
coincide with the actual start of service.
ANNUAL REVIEW OF AGREEMENT(MOA)
This agreement is subject to annual review. U.S. Customs and Border Protection will conduct
an annual review of this agreement to ensure that the requirements are being met.U.S. Customs
and Border Protection will issue a tennination notice if the annual review indicates that the
terms and requirements of this agreement are not being met.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon 120 days written notice for any reason.
If any amounts due U.S. Customs and Border Protection under the terms of this agreement are
4
INITIALS:7E _&--.d �
LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
not paid within 90 days of billing, the agreement will be automatically terminated. If national
security, defense, safety or other interests are at risk, as determined by the Port Director, the
agreement may be terminated immediately without prejudice to the filing of a new application.
Notice of termination will be provided in writing setting forth the reasons for such action. Any
immediate termination may be appealed in writing within 30 days to the Director, Field
Operations where the facility is located.
AUTHORIZATION(TWO COPIES WITH ORIGINAL SIGNATURES AREREQUIRED)
Agreement to these terms is attested by the signatures below.
s cw " --A
Name and Title,Port Authority S' nat Date
J
mn issioner Date
U.S. Customs and Border Protection
APPROVED:
City of Fort Worth
By: 8 /�7
Fernando Costa Date
Assistant City Manager
APPROVAL RECOMMENDED:
Bill Welstead
Aviation Director
APPROVED AS TO FORM AND LEGALITY: M&C: C-28349
~
By: Date: August 29,2017
��
Pa ge Meb e Form 1295: NIA
Assistant City Attorney
5
INITIALS:_� & 942-
LESSOR
12LESSOR GOVERNMENT
Exhibit E
HSBP-7116-L-DA0742
ATT S'
By. ar J.Kayser
City Secretary
CONTRACT MANAGER:
By signing, I acknowledge that I am the person responsible AS
for the monitoring and administration of this contract, including
ensuring all performance nd re orting requirements.
By:
J 'e Hos k
Project Specialist enior Administrative Assistant
Aviation Department
6
INITIALS: & _
LESSOR GOVERNMENT
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/10/2018
DATE: Tuesday, April 10, 2018 REFERENCE NO.: **C-28655
LOG NAME: 55FTW CUSTOMS AIRPORTPROPERTYLEASE
SUBJECT:
Authorize Execution of a Lease Agreement with the United States Customs and Border Protection for the
Purpose of Providing a Federal Inspection Services Space for Processing of International Passengers and
General Aviation Baggage and Cargo Under the User-Fee Airport Program at Fort Worth Meacham
International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Lease Agreement with the United
States Customs and Border Protection for the purpose of a providing federal inspection services space for
processing of International passengers and general aviation baggage and cargo under the User-Fee
Airport Program at Fort Worth Meacham International Airport.
DISCUSSION:
On February 18, 2014, Mayor and Council Communication (M&C G-18127)the City Council authorized
Meacham International Airport (Meacham) to secure designation as a Customs User Fee Airport (CUFA)
through United States Customs and Border Protection, Department of Homeland Security (CBP). Through
the execution of a Memorandum of Agreement with CBP, a Staff person will be available Monday through
Friday (excluding Federal Public Holidays), during the hours of 8:00 a.m. to 5:00 p.m. Implementing a
CUFA will eliminate wait time for a CBP response and will enhance Meacham's current operations,
allowing the airport and businesses on the airport to better serve customers and bring new business to
Meacham.
On August 29, 2017, (M&C C-28349), the City Council authorized the execution of a Memorandum of
Agreement (MOA) for a United States Customs and Border Protection User Fee Facility at Fort Worth
Meacham International Airport and reimbursement to United States Customs and Border Protection for the
full annual cost of each officer at the facility.
Staff recently received Lease Agreement number HSBP-7116-L-DA0742, for approximately 2,362 square
feet of office space, identified as Suite No. 125, on the first level of the Meacham Airport Administration
Building. This lease shall operate on a year-to-year basis, commencing on the effective date. This lease
will automatically renew for successive renewal terms of one year, commencing the first day following the
effective date, unless either party notifies the other of its intent to terminate the lease in accordance with
its terms and conditions. The Lease can renew up to 19 additional years. Meacham will be responsible for
expenses incurred in providing the CUFA services. Costs include the salary and expenses of individuals
employed by CBP, and any necessary support costs to provide these services.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
This contract will be with a governmental entity, state agency or public institution of higher education: U.S.
Customs and Border Protection, Department of Homeland Security.
Logname: 55FTW CUSTOMS AIRPORTPROPERTYLEASE Page I of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that under this Agreement, the United States Customs and Border
Protection, Department of Homeland Security, will occupy space at Meacham International Airport at no
cost. Thus, no revenue or financial impact is anticipated from this Agreement.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference# moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welsted (5402)
Jeff Kloska (5406)
Additional Information Contact: Ann Marie Stowe (5415)
ATTACHMENTS
1. Map Admin Bldg CBP 125.pdf (Public)
Logname: 55FTW CUSTOMS AIRPORTPROPERTYLEASE Page 2 of 2