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2016-04-07 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 7, 2016, 6:30 p.m., Assembly Chambers 1. INVOCATION F#»:1llel:11115i]1F_lII*c]/d►[yq 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4-22 A. *Regular Meeting Minutes of February 18 and March 3, 2016 and Special Meeting Minutes of February 15, February 25, and March 10, 2016. Regular and Special Meeting Minutes of the Assembly 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS 23 A. Child Abuse Prevention Month Proclamation Child Abuse Prevention Proclamation 24 B. Sexual Assault Awareness Month Proclamation Sexual Assault Awareness Proclamation 25 C. Month of the Military Child Proclamation Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w�,vw kodiakak us 91 Page 1 of 188 Vii: Month of the Military Child Proclamation D. Week of the Young Child Proclamation Week of the Young Child Proclamation 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 27-31 1. Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Contract No. FY2016-44 Employment Contract with Mr. Michael Powers - Pdf 13.13. Resolutions 32-165 1. Resolution No. FY2016-33 Approving a Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. Resolution No. FY2016-33 GSA Lease - Pdf 13.C. Ordinances for Introduction 13.D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us 91 Page 2 of 188 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 166-188 1. Architectural/Engineering Review Board Meeting Minutes of December 8, 2015, February 25, 2016, and March 8, 2016; Parks and Recreation Committee Meeting Minutes of January 26, 2016 and February 23, 2016; Solid Waste Advisory Board Meeting Minutes of February 8, 2016; Womens Bay Service Area Board Meeting Minutes of February 2, 2016 Meeting Minutes of Other Boards 17.B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough wv✓�v kodiakak us Page 3 of 188 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 18, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on February 18, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:45 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. SKINNER moved to excuse Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ROHRER moved to amend the agenda by removing item 15A the executive session. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of December 17, 2015 and January 21, 2016 and special meeting minutes of January 14, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Debra Kirk, Shawn Doc to Ordinance No. FY2016-17. Alan Judi Kidder spoke to Ordinance No. FY2016-17 and her concern with Borough debt. Arthur Schultz spoke to his views on drug reform. Tom Lance spoke to Ordinance No. FY 2016-14. Steven West spoke to Ordinance No. FY2016-17 and issues affecting commercial fishermen. Kodiak Island Borough February 18, 2016 Assembly Regular Meeting Minutes Page 1 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 4 of 188 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS Employee of the Year Award Manager Cassidy presented the Employee of the Year Award for 2015 to Ed Arellano, Maintenance Mechanic in the Engineering and Facilities department. Finance Department's Update to the Assembly The Assembly received a presentation from Finance Director, Karl Short, on the school district budget. COMMITTEE REPORTS Assembly Member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting of Wednesday, February 17. They received an update from the fisheries analyst on the February North Pacific Fishery Management Council meeting. They had also discussed the fisheries analyst contract and anticipated continuing that discussion as well as the purpose and strategy of the KFWG at a meeting scheduled for 8:30 a.m. on February 19. She announced that the KFWG had also invited local fish processors to attend a meeting scheduled for March W at 8:30 a.m. to discuss questions posed by the KFWG. Assembly Member Crow added that the KFWG also received a brief report relating to economic analysis. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy invited IT Supervisor, Paul VanDyke, to give an update on an encryption worm that infected the Borough computer system. Mr. VanDyke anticipated a full recovery and announced that an after action report would soon follow. He announced that Solid Waste Manager/Environmental Specialist, Joe Lipka, tendered his resignation. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced that the Governor's enforcement officer for Kodiak. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. proposed budget included an undercover drug Resolutions 1. Resolution No. FY2016-27 Approving the Village of Karluk and Karluk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. LEDOUX moved to adopt Resolution No. FY2016-27. The resolution identified Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 2 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 5 of 188 AGENDA ITEM #5.A. Karluk had more than 25 residents and provided fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Stephens, and Symmons. Ordinances for Introduction 1. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. SKINNER moved to adopt Ordinance No. FY2016-13 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Workforce Regional Advisory Council met on Tuesday, January 12, 2016. The Council had been inactive for quite sometime and during its inactivity, it had been found that there were different interpretations of the code regarding how to meet its quorum. The Council had the opportunity to review the code and requested an amendment to Title 2 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements to change: A majority of the holders of filled appointed and designated seats shall be a quorum for the transaction of business. That would mean that only those currently filled seats would be counted to account for the determination of quorum as opposed to the entire membership. A legal review was provided to the Assembly regarding the change to make sure that it was not in violation of State Law and Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Stephens, Symmons, and Crow. 2. Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. LEDOUX moved to adopt KIB Ordinance No. FY2016-14 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough had, by prior agreement with the Monashka Bay Road Service Area Board, provided a vegetative greenbelt buffer between the residential areas of the service area and the noise and activities of the Kodiak Island Borough Landfill. With the development of a new wastewater treatment plant to process landfill leachate, and related survey and zoning boundary amendments, the service area had agreed to support an amendment to the greenbelt boundary so that the greenbelt buffer would not encroach into the Industrial portion of the landfill where the new treatment plant was located. Staff met with the Monashka Bay Road Service Area Board on December 9th, 2015 and provided several weeks for additional feedback to be received from the community on the issue. The only issue raised pertained to the status of Lot 2, Sawmill Subdivision. This lot had been tentatively identified as an addition to the greenbelt buffer due to proposed zoning changes to Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 3 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 6 of 188 AGENDA ITEM #5.A. Industrial on Lot 1, Sawmill Subdivision. Lot 2, Sawmill Subdivision had been pulled out of the proposed greenbelt buffer in order to allow the Borough Lands Committee an opportunity to evaluate the parcel for potential land disposal. The remaining greenbelt buffer description had been reviewed by a surveyor for accuracy and a revised ordinance was submitted for consideration by the assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. 3. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P8Z Case No. 16-004). ROHRER moved to adopt Ordinance No. FY2016-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. The request was part of the City of Old Harbor's effort to increase economic development potential in the community. Efforts so far had included improvements to the harbor, dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project that was expected to break ground in early 2017. To further improve economic development potential, Old Harbor hoped to rezone the site to 1 -Industrial to encourage industrial development that would benefit the local economy. Amending the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial was a necessary prerequisite to rezone the site from R1 -Single-family Residential to kIndustrial. If the Future Land Use Designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, and Rohrer. 4. Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1 -Single-family Residential District To I -Industrial District (P8Z Case No. 16- 009). LEDOUX moved to adopt Ordinance No. FY2016-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request follows the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved, the rezone would be consistent with the adopted Comprehensive Plan. The rezone also satisfied the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 4 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 7 of 188 AGENDA ITEM #5.A. Should the rezone be approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux, Rohrer, and Skinner. 5. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses. STEPHENS moved to adopt Ordinance No. FY2016-17 in first reading to advance to public hearing at the next meeting of the Assembly. The ordinance was requested by Assembly member Stephens which would allow the Kodiak Island Borough to exercise the authority granted by AS 17,38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana. SKINNER moved to amend Ordinance No. FY2016-17 Section 3 effective date to read "This ordinance is effective upon passage and shall remain in effect for one year unless the Kodiak Island Borough Assembly takes a different action prior to expiration." ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO ONE: Symmons, Crow, LeDoux, Rohrer, and Stephens (Noes); Skinner (Aye) CROW moved to amend Ordinance No. FY2016-17 by replacing it with Ordinance No. FY2016- 18 and advance it to public hearing at the next meeting of the Assembly. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: LeDoux, Rohrer, Skinner, and Stephens (Noes); Crow and Symmons (Ayes) ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Rohrer, Skinner, Stephens, and Symmons (Ayes); Crow (No) ROHRER moved to extend the meeting until 11 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Other Items None. CITIZENS' COMMENTS Shawn Doctorman, Judi Kidder, Bob Bowie, Russel Anderson, Darius Kasprzak, Arthur Schultz and Jeff Stewart spoke to Ordinance No. FY2016-17. Monique Lewis encouraged emergency planning for cyber terrorism attacks and spoke to Ordinance No. FY2016-17. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 5 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 8 of 188 Betty MacTavish requested that Assembly meetings be televised and suggested that it could be a college or high school student project. ASSEMBLY MEMBERS' COMMENTS Assembly Member Crow thanked those in attendance for coming, Karl Short and Paul VanDyke for their reports, and Joe Lipka for his service. He congratulated Ed Arellano, Maintenance Mechanic for receiving the Employee of the Year Award. Assembly Member Symmons echoed Assembly Member Crow's comments and expressed gratitude to staff and public citizens in attendance. Assembly Member Stephens asked that the telephone system in the Assembly Chambers be upgraded and commented on jurisdiction of government at municipal, state and federal levels. Assembly Member Rohrer gave a brief overview of the Assembly lobby trip Juneau, expressed well wishes for Joe Lipka and congratulated Ed Arellano, Maintenance Mechanic, for receiving the Employee of the Year Award. Assembly Member LeDoux announced he brought cookies from Juneau for the Assembly Members. Announcements Mayor Friend announced that the Assembly would hold a joint work session with the Kodiak City Council on Wednesday, February 24 at 7:30 p.m. at the City Library multi-purpose room. The Assembly would hold a town meeting in Chiniak on Saturday, February 27 at 2:30 p.m. at the Chiniak School. A special meeting would be held on Thursday, February 25 at 6:30 p.m. immediately followed by a work session in the Borough conference room. The next regular Assembly meeting would be held on Thursday, March 3 at 6:30 p.m. in the Assembly Chambers. ADJOURNMENT SKINNER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 11:00 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough February 18, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Regular Meeting Minutes Page 6 of 6 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 9 of 188 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 3, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on March 3, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Mel Stephens, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Rebecca Skinner who was absent due to her attendance to the Southwest Alaska Municipal Conference (SWAMC). VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Judi Kidder commented on the Fire Protection Area No. 1 Board (FPA1) violating Open Meetings Act (OMA) by having an unadvertised meeting. She requested documented training be provided to the board. She mentioned receiving a notice of the appraised value of her property reflecting a zero value and how detrimental that appraisal was to applying for assistance to move her residence. Russell Anderson and Kevin Arndt spoke in opposition of awarding the Contract No. FY2016-39 to AIM Maintenance. Greg Egle, Jeff Stephan, and Bob Brodie expressed gratitude to outgoing Borough Manager Cassidy. Sherri Looman commented on the zero appraisal given her trailer and the difficulty that presented in applying for a loan to move her home. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of March 2016 as National Women's History Month and urged residents to increase their knowledge and appreciation of the valuable role women play in our lives. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1 of 7 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 10 of 188 AGENDA ITEM #5.A. Mayor Friend proclaimed that Kodiak was a municipality that did "Choose Respect' and asked that all residents join in standing up against these crimes, and create a movement across the country that would restore a culture of respect and action for future generations. Mayor Friend presented a plaque of appreciation to outgoing Manager Cassidy. COMMITTEE REPORTS Assembly member Crow provided an update to the Joint Building Code Review Committee meeting from February 24, 2016. Assembly member Rohrer reported on the Borough Lands Committee meeting from March 2, 2016. He reminded the public they were welcome to attend those meetings and that they were scheduled from 12 p.m. until 1 p.m. every first and third Wednesday of the month. PUBLIC HEARING A. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. LEDOUX moved to adopt Ordinance No. FY2016-13. The Kodiak Workforce Regional Advisory Council (KWRAC) met on Tuesday, January 12, 2016. The Council had been inactive for quite some time and during its inactivity, it had been found that there were different interpretations of the code regarding how to meet its quorum. The Council had the opportunity to review the code and requested an amendment to Title 2 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements to change: A majority of the holders of filled appointed and designated seats shall be a quorum for the transaction of business. That would mean that only those currently filled seats would be counted to account for the determination of quorum as opposed to the entire membership. A legal review was provided to the Assembly regarding the change to make sure that it was not in violation of State Law and Borough Code. Mayor Friend opened the public hearing. Stewart McDonald spoke in support to Ordinance No. FY2016-13 and provided a brief history. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Stephens, and Symmons. B. Ordinance No. FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. ROHRER moved to adopt KIB Ordinance No. FY2016-14 Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 2 of 7 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 11 of 188 AGENDA ITEM #5.A. The Kodiak Island Borough had, by prior agreement with the Monashka Bay Road Service Area Board (MBRSA), provided a vegetative greenbelt buffer between the residential areas of the service area and the noise and activities of the Kodiak Island Borough Landfill. With the development of a new wastewater treatment plant to process landfill leachate, and related survey and zoning boundary amendments, the service area had agreed to support an amendment to the greenbelt boundary so that the greenbelt buffer would not encroach into the Industrial portion of the landfill where the new treatment plant was located. Staff met with the MBRSA on December 9, 2015 and provided several weeks for additional feedback to be received from the community on the issue. The only issue raised pertained to the status of Lot 2, Sawmill Subdivision. That lot had been tentatively identified as an addition to the greenbelt buffer due to proposed zoning changes to Industrial on Lot 1, Sawmill Subdivision. Lot 2, Sawmill Subdivision was pulled out of the proposed greenbelt buffer in order to allow the Borough Lands Committee an opportunity to evaluate the parcel for potential land disposal. The remaining greenbelt buffer description had been reviewed by a surveyor for accuracy and a revised ordinance was now submitted for consideration by the assembly. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Peterson, Rohrer, Stephens, and Crow (Ayes); Symmons (Noes). C. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). LEDOUX moved to adopt Ordinance No. FY2016-15. The request was part of the City of Old Harbor's effort to increase economic development potential in the community. Efforts so far had included improvements to the harbor, dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project that was expected to break ground in early 2017. To further improve economic development potential, Old Harbor hoped to rezone the site to I -Industrial to encourage industrial development that would benefit the local economy. Amending the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial was a necessary prerequisite to rezone the site from R1 -Single-family Residential to I -Industrial. If the Future Land Use Designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 3 of 7 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 12 of 188 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Stephens, Symmons, Crow, and LeDoux. D. Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1 -Single-family Residential District To I -Industrial District (P&Z Case No. 16- 009). LEDOUX moved to adopt Ordinance No. FY2016-16. The rezone request followed the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved, the rezone would be consistent with the adopted Comprehensive Plan. The rezone also satisfied the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Should the rezone be approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. The Clerk's Office mailed out 45 public hearing notices on Friday, February 19, 2016. None had been received by the end of business on March 3, 2016. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. E. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses (Opt Out Ordinance). STEPHENS moved to adopt Ordinance No. FY2016-17. The ordinance was requested by Assembly member Stephens which would allow the Kodiak Island Borough to exercise the authority granted by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana. Mayor Friend opened the public hearing. The following citizens spoke during public testimony for Ordinance No. FY2016-17: Caller Kathy Hansen Short — spoke during citizens comments Innocent Damiano, Neal Cooper, Eric Wood, Susan Hanson Short, Russell Anderson, John Allen Jones, Debra Kirk, Angelie Gransom, Andrew Savlon, Donna Jones, Kerry Kerns, Alexus Kwachka, Joanne Shaker, Stephen Faust, Alexi, Michael Mears, Tim Shapland, Renee Darrenkamp, Judi Kidder, Seraphion McKan, Greg Eagle, Diane Cooney, Gene LeDoux, Monique Lewis, Lisa Schoenick, Jeremiah, and Art Schultz. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 4 of 7 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 13 of 188 AGENDA ITEM #5.A. Mayor Friend closed the public hearing. ROHRER moved to amend Ordinance No. FY2016-17 by substitution LEDOUX moved to call the question and was seconded by ROHRER VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Symmons, Crow, LeDoux, and Rohrer (Ayes); Stephens and Peterson (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO TWO: Symmons, Crow, LeDoux, and Rohrer (Ayes); Peterson and Stephens (Noes). BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Expressed the desire for a quick turnaround in hiring a new Borough Manager. • Inspection at the Long Term Care Facility resulted in some safety fire inspection issues measures are being taken to meet requirements. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend spoke with A-1 Timber regarding the dock lease, which they have for the next 20 years. If a decision was to be made to cut the timber in Chiniak, the process needs to start by May 1, 2016. Options need to be discussed and decided to give notice to A-1 Timber by April 15, 2016. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-39 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 for KIB Facilities and Grounds. PETERSON moved to authorize the Manager to execute Contract No. FY2016-39 with AIM Maintenance of Kodiak, Alaska for the KIB Facilities and Grounds Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 for time and materials based on the Bid Schedule for the period of March 7, 2016 through September 30, 2016. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide parking lot snow removal, sanding and maintenance at the KIB schools, Administrative building, KFRC, landfill, and other small projects under $25,000. Five bids were received from Brechan Construction, LLC, AIM Maintenance, B&R Fish by Products Inc., Golden Alaska Excavating, and MK Enterprises, LLC. The bid quotes for individual pieces of equipment to be used on projects provided in the packet. Bid tabulations were completed as per the Request for Proposal (RFP). The bids were analyzed using the totals from the repair and maintenance selection forms to determine the lowest responsive bidder. Questions were raised regarding the low bidder (AIM Maintenance) due to them using $0 for some of their bid prices for equipment and materials. They were contacted by phone first and then backed up with email to verify that they understood the consequences of Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 5 of 7 "Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 14 of 188 AGENDA ITEM #5.A. bidding $0 for the equipment and materials on the maintenance bid schedule. The email traffic on the issue was attached to the packet. Bid tabulations, and responses of the five bidding firms were provided. The Engineering and Facilities Department recommended with reservations to awarding the contract for the KIB Administrative Building and School Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 to AIM Maintenance. The Contract would name AIM Maintenance as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. The contract was good through September 30, 2016. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, Peterson, Rohrer, Stephens, and Symmons (Ayes); LeDoux (Noes). Resolutions 1. Resolution No. FY2016-29 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2017. PETERSON moved to adopt Resolution No. FY2016-29. The resolution designated the Borough's federal legislative funding priorities for federal fiscal year 2017. The Borough forwarded the list to its congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects and support the programs that had been identified as priorities in our community. STEPHENS moved to amend Resolution No. FY2016-29 by moving items one and two to positions four and five and moving items three, four, and five to positions one, two, and three in section one. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Stephens, Symmons, and Crow. ROHRER moved to further amend Resolution No. FY2016-29 by moving section one to two and section two to one. ROLL CALL VOTE ON MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Peterson, Rohrer, Stephens, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Art Schultz asked for clarification on whether the task force Resolution had been passed with Ordinance No. 2016-17 and thanked Borough Manager Cassidy for his service. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 6 of 7 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 15 of 188 AGENDA ITEM #5.A. Dave Masinter and Judi Kidder spoke to the zero assessment value they were given on their homes. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow thanked the public for the opportunity to serve and expressed gratitude to the citizens who speak up at the meetings. He expressed these were important and difficult issues they were faced with. He was in favor of the pay as you cut for processing the damaged timber in Chiniak. Assembly member Stephens stated that the Borough was not able to go against state law in regards to the Jacksons Mobile Home Park (JMHP). He also stated that they could appeal the assessment. Assembly member Rohrer commented that he had a trailer in JMHP also and that he was faced with the same issues and clarified that they were not worthless but that they needed to be moved. He also spoke to the Chiniak timber and hoped it would be on the next work session. Mr. Rohrer provided a brief update to the lobbying trip in Juneau. Assembly member Symmons expressed appreciation to Borough Manager Cassidy. He commented on the value of the lobbying trip. Assembly member LeDoux thanked the Chiniak residents for attending the meeting held on Saturday, February 27, 2016. The Manager interviews would take place on Tuesday, March 15, 2016. His take away from the lobbying trip in Juneau was that there was no plan and local governments should prepare for the worst. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. The meeting was adjourned at 10:30 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough March 3, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Regular Meeting Minutes Page 7 of 7 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 16 of 188 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting February 15, 2016 A special meeting of the Kodiak Island Borough Assembly was held on February 15, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at noon. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Clerk Nova Javier and HR Officer Lauri Whiddon. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING EXECUTIVE SESSION - Discussion of Manager Applicant's Skype Interview Results and Discussion of Those Who Should Move Forward for Final Review. ROHRER moved to convene into executive session to discuss the result of the Manager Applicants Skype Interview and discuss those who should move forward for final review. This subject qualifies for executive session as a matter that may tend to prejudice the applicants' reputation or character. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons (Ayes); Stephens (No). ROHRER moved to invite the Borough Mayor, Assembly, Human Resource Officer, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: LeDoux, Peterson, Rohrer, Skinner, Symmons, Crow (Ayes); Stephens (No). After the vote, Mayor Friend recessed the special meeting and convened the executive session. At 1:07 p.m., the Mayor reconvened the special meeting. ROHRER moved to direct staff to invite Mr. Erickson and Mr. Powers to Kodiak for final interviews along with their significant others or spouse. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. ADJOURNMENT PETERSON moved to adjourn the meeting. Kodiak Island Borough Assembly Special Meeting Minutes February 15, 2016 Page 1 of 2 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 17 of 188 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, LeDoux, and Peterson. The meeting was adjourned at 1:08 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough February 15, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Special Meeting Minutes Page 2 of 2 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 18 of 188 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting February 25, 2016 A special meeting of the Kodiak Island Borough Assembly was held on February 25, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Cassidy, Administrative Official Roberts, and Borough Clerk Nova Javier. SYMMONS moved to excuse Assembly member Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING Resolution No. FY2016-28 Urging the University of Alaska to Reconsider the Decision to Close the University of Alaska Fairbanks' Kodiak Seafood and Marine Science Center, Formerly, and in Alaska Statute (Title 16, Chapter 52) Referred to as the Fishery Industrial Technology Center (FITC) and Upon Adoption, Submitting this Resolution to the Southwest Alaska Municipal Conference for Consideration and Adoption. LEDOUX moved adopt Resolution No. FY2016-28. The resolution was requested by Assembly member Skinner and upon adoption, would be submitted to the Southwest Alaska Municipal Conference (SWAMC) for its consideration. The resolution requested SWAMC support to urge the University of Alaska to reconsider the decision to close the University of Alaska Fairbank's Kodiak Seafood and Marine Science Center, Formerly, and in Alaska Statute referred to as the Fishery Industrial Technology Center. A similar resolution was previously adopted and submitted to the Alaska Municipal League in November of 2015- AML presented the resolution to the league and was adopted by its membership. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Stephens, and Symmons Kodiak Island Borough Assembly Special Meeting Minutes February 25, 2016 Page 1 of 2 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 19 of 188 AGENDA ITEM #5.A. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Stephens, Symmons, and Crow. The meeting was adjourned at 6:33 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough February 25, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Special Meeting Minutes Page 2 of 2 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 20 of 188 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting March 10, 2016 A special meeting of the Kodiak Island Borough Assembly was held on March 10, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bill Roberts, Deputy Clerk Angela MacKenzie and Assistant Clerk Laurie Pardoe. PETERSON moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY .yY11t44Z61K@MlM4ZW Stephen Tauffen spoke to the North Pacific Fishery Management Council meeting scheduled for April 4-12, 2016 in Anchorage, and that there would be halibut issues on the agenda. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Amendment #1 to Contract No. FY2014-26 Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services (Joint Contract of the Kodiak Island Borough and City of Kodiak with McCarty and Associates of Juneau, Alaska). LEDOUX moved to authorize the Manager to execute Amendment #1 to Contract No. FY2014- 26 Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services (Joint Contract of the Kodiak Island Borough and City of Kodiak with McCarty and Associates of Juneau, Alaska). Changes that were made include: 1) The amended contract shall be effective as of March 1, 2016 as the contractor was to attend the March 14th special meeting of the Kodiak Fisheries Work Group (KFWG) and the March 16th regular meeting and to report on the March meetings of the Board of Fish. 2) This was a one year extension to the contract. 3) The Report Schedule was amended to require written monthly reports to the Assembly and Council to be presented at the scheduled KFWG monthly meetings. 4) The contractor would supply the assembly and council with a current list of clients and update that list as necessary. 4) At the end of six months the contractor and members of the KFWG would meet to evaluate the effectiveness of their combined efforts. The Borough Manager, City Manager and Heather McCarty met on March 9 to discuss the proposed changes and all parties agreed to the changes. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Peterson, Rohrer, and Symmons (Ayes); Stephens (Noes). Kodiak Island Borough Assembly Special Meeting Minutes March 10, 2016 Page 1 of 2 *Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 21 of 188 AGENDA ITEM #5.A. B. Contract for the Appraisal of Chiniak Timber. Administrative Official Bill Roberts provided an update to the item stating that the contract for the appraisal of Chiniak Timber was within the manager's authority and it had been signed. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Stephens, Symmons, and Crow. The meeting was adjourned at 6:44 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough March 10, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Special Meeting Minutes Page 2 of 2 'Regular Meeting Minutes of February 18 and March 3, 2016 an... Page 22 of 188 AGENDA ITEM #7.A. W Y///r I /t / ♦iY Y/ v WW'doffiffaffiza DECLARING APREL 2016 CHH ABUSE PREVENTION MONTH WHEREAS, Kodiak children deserve to grow up in a safe and nurturing environment to assure they reach their full potential; and WHEREAS, Alaska has one of the highest child abuse rates in the nation; and WHEREAS, the effects of child abuse and neglect are realized throughout the community. Addressing child abuse challenges us to work together and involve the entire community in preventing child abuse and strengthening families; and WHEREAS, all citizens have a responsibility to help families nurture, support, and protect their children to ensure that all Kodiak children are safe From abuse and neglect; and WHEREAS, all citizens should be aware of the impact of child abuse and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing environment; and WHEREAS, effective child abuse prevention programs succeed because or partnerships created among social service agencies, schools, religious and civic organizations, law enforcement agencies, and the business community; NOW, THEREFORE, 1, Jerrod Friend, Mayor of the Kodiak Island Borough do hereby proclaim April 2016 as: Child Abuse Prevention Month and call upon all citizens to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live. e7r1 rvrtrtW wljarof, � e7/une hextmto sd rap Cf &Id and a tue tliir.red to he 4zred Child Abuse Prevention Month Proclamation Page 23 of 188 AGENDA ITEM #7.B. d Fx aClhe C CWgpar Gkaakk C7sland 63orauyh, ALka Proddinatiaff DECLARING APRIL 2016 SEXUAL ASSAULT AWARENESS MONTH WHEREAS, sexual violence is primarily a crime of power and control, regardless of age, ethnicity, race, gender, or economic status; and WHEREAS, sexual assault is one of the most horrific and widespread crimes in our society today; and WHEREAS, for young people who are victimized, these criminal acts can be cruelly traumatic, and force them to forgo the most special times in their lives - their childhood. One in four females and one in six males will be sexually assaulted before the age of 18; and WHEREAS, eight of ten women may experience sexual violence by an intimate partner in their lifetime; and WHEREAS, one in five women will be sexually assaulted in her lifetime and, each year, it is estimated 45,000 American women will become pregnant following an act of sexual violence; and WHEREAS, sexual violence is an even bigger issue in Alaska, where the rate of reported rape is 4.5 times greater than the national average; and WHEREAS, we must work together to educate our entire population about the causes and what can be done to prevent sexual assault. Perpetrators must be held accountable for their actions. As a society, we must fight sexual assault by striving to increase public awareness of the devastating pain and suffering caused by these crimes. NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim April 2016 as: Sexual Assault Awareness Month and encourage all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness to sexual assault in Alaska so we may eliminate this heinous crime. OSir aiz&ar a%z( 0/h Inatnrosa mb cCnidmidr zarthamattoleafiral --we Sexual Assault Awareness Month Proclamation Page 24 of 188 AGENDA ITEM #7.C. Offen 5CM-- a(Lyar Gl Zoakk eWmd 63araugh, G khr ,Vroc1 ffjff& orr DECLARING APRIL 2016 MONTH OF THE MILITARY CHILD WHEREAS, Alaskans are deeply grateful for the many sacrifices made by our servicemen and women to protect the security and freedom of our great nation; and WHEREAS, we also appreciate the special courage, strength, and sacrifice of the children and families of members of the military who provide support, endure long periods of separation, and move residences frequently; and WHEREAS, today, thousands of Alaskan children currently have at least one parent serving in full time or active duty status in the armed forces. The children of military men and women face unique challenges and need our support to help them succeed in the absence of their enlisted parent(s); and WHEREAS, the Month of the Military Child was established in 1886 to pay tribute to military children for their incredible resilience, commitment, sacrifices, ability to deal with life changing events, and unconditional support of our troops; and WHEREAS, this year marks Alaska's fourth annual "Purple Upl For Military Kids" observance, and All Alaskans are encouraged to wear purple, the color symbolizing all branches of the military, as a visible way to show support and thank military children for their strength and sacrifices. NOW, THEREFORE, 1, 7errol Friend, Mayor of the Kodiak Island Borough do hereby proclaim April 2016 as: Month of the Military Child in Kodiak, and encourage all Kodiak residents to show appreciation, support, and understanding to the military children in our community. OFn wino wlierrvf 01J l�mlam my C�dand e wtlariratrolemord nc Month of the Military Child Proclamation Page 25 of 188 AGENDA ITEM #7.D. 0ffw ofthe C CWapar Codrak gland O`�3arouyh, GU&rka ,�roc1a�nrWAN DECLARING APRIL 10 THROUGH APRIL 16, 2016 WEEK OF THE YOUNG CHILD WHEREAS, the Kodiak Early Childhood Coalition and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child*i'i, April 10 through April 16; and WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Kodiak, Alaska; and WHEREAS, teachers and others who make a difference in the lives of young children in Kodiak, Alaska deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to young children's fi tures; NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim April 10 through April 16 as the Week of the Young Chihli in Kodiak, Alaska and encourage all citizens to work to make a good investment in early childhood in Kodiak, Alaska. Q9ii witnes w/rereaf, e hare harillite Sd np &&id mrd cause duir.rmrd to be 42mi .Atter, Muerte Week of the Young Child Proclamation Page 26 of 188 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 7. 2016 ASSEMBLY REGULAR MEETING e� TITLE: Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. ORIGINATOR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The process of hiring for the Kodiak Island Borough Manger started in November of 2015. The Assembly interviewed two candidates and decided to offer the position to Mr. Michael Powers. A negotiating team comprised of Assembly members Larry LeDoux and Frank Peterson Jr. was formed by the Assembly to discuss the terms of the contract with Mr. Powers. RECOMMENDED MOTION: Move to approve Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager. Kodiak Island Borough Contract No. FY2016-44 Employment Contract Between the Kodia... Page 27 of 188 AGENDA ITEM #13.A.1. Contract No. FY2016-44 Employment Contract Between the Kodia... Page 28 of 188 EMPLOYMENT CONTRACT CONTRACT NO. FY2016-44 THIS AGREEMENT is made and entered into this _th day of April, 2016, between the Kodiak Island Borough Assembly (hereinafter Borough) and Michael Powers, (hereinafter Manager). WHEREAS, Borough wishes to employ the services of Michael Powers, as Manager of the Kodiak Island Borough; and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough; and WHEREAS, Manager wishes to accept employment as Manager of said Borough; and NOW, THEREFORE, Borough and Manager agree to the fallowing terms and conditions: Section 1: Duties and Nature of Employment A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from lime to time prescribe. Section 2: Contract Term and Notice Requirements. While this is an at -will employment contract, both parties anticipate that it shall be in effect for three (3) years, Wv 2. 20f8Ttff oul--b I av 2-201951 The Assembly may elect to extend the contract a year at end of each year with 90 days notice. Section 3: Salary and Benefits. A. Borough agrees to pay Manager for his services, payable In Installments at the same time as other employees of the Borough, at the Initial rate of One Hundred Twenty Thousand and 00/100 Dollars ($120,000) annually for the first year, One Hundred Twenty Five Thousand and 00/100 Dollars ($125,000) annually for the second year, One Hundred Thirty Thousand and 00/100 Dollars ($130,000) annually for the third year. Salary Increases require a satisfactory review. B. Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided In advance upon the start date of this contract and each anniversary date for Borough Manager Employment Contract Page 1 of 4 Contract No. FY2016-44 Employment Contract Between the Kodia... Page 28 of 188 AGENDA ITEM #13.A.1. Contract No. FY2016-44 Employment Contract Between the Kodia... Page 29 of 188 the life of the contract. Manager must take at least eighty (80) hours of leave annually. There will be no cash out of annual leave within the first year of employment. Annual leave use of more than five (5) days shall be noticed to the assembly at least two (2) weeks in advance, except in an emergency. C. Sick leave, health insurance, life insurance, disability insurance, workers' compensation Insurance, jury duty, holidays, and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees except that the Borough shall pay 100% of the cost of health insurance for Manager and his dependents. Borough will pay for annual physical if not covered by health insurance. D. Except to the extent specificaliy referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Managers personnel status as a Borough employee. E. Borough will provide an automobile for Managers business use only, including commuting to/from work. Borough will provide gas, oil, maintenance, and liability insurance. Vehicle will be replaced as needed. Section 4: Separation of Employment and Severance Pay. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause. Borough shall pay to Manager a severance pay an amount equal to four (4) months salary and benefits during first year and six months salary and benefits for the second and third year. Manager shall also be compensated for all accrued annual leave. 2. Termination for good cause: a. In the event Manager is terminated for good rause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least sixty (60) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough will not be obligated to pay severance pay to Manager. C. For the purpose of this section, the term "good cause" shall mean: 1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager bylaw or by the Borough Assembly, or incompetence, which Is defined as the inability or the Borough Manager Employment Contract Page 2 of 4 DRAFM Contract No. FY2016-44 Employment Contract Between the Kodia... Page 29 of 188 AGENDA ITEM #13.A.1. Contract No. FY2016-44 Employment Contract Between the Kodia... Page 30 of 188 intentional failure to perform the manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends to reflect dishonesty. Section 5: Moving Expenses. ®Manager shall receive compensation for expenses incurred in moving to Kodiak not to exceed Ten Thousand Dollars and 00/100.e g pay, Borou h will a for movirla.. expenses far _rte n9sandpeIsorial of ae nd will reimburse the manager for oHSe[ e]cpenses such as upon presentation of receipts, Section 5: Conditions of Employment. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified in this document during the three year term of this contract with a ninety (90) day notice by either party to renew or not renew by mutual consent after that time. Section 7: Dues and Subscriptions. A. Borough hereby agrees pay for membership to International City/Country Management Association (ICMA), the Alaska Municipal Managers Association (AMMA) and the Alaska Municipal League (AML). Borough will pay for dues and all expenses for one (1) civic group upon mutual agreement of said civic group. Section 8: Professional Development. A. Borough will budget and pay for attendance at the ICMA annual conference and the AML annual conference Including travel and hotel costs. Reimbursement for normal expenses associated with attendance (meals). B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would Include: hotel rooms, auto rental, taxi fare, and telephone. This section applies to short courses, institutes, and seminars that are necessary for his professional development and for the good of Borough, as budgeted by the Borough Assembly along with all other Borough related travel. Section 9: Indemnification. A. Borough agrees to defend, save and hold harmless, and Indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: Borough Manager Employment Contract Page 3 of 4 Contract No. FY2016-44 Employment Contract Between the Kodia... Page 30 of 188 AGENDA ITEM #13.A.1. Contract No. FY2016-44 Employment Contract Between the Kodia... Page 31 of 188 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime, which reflects dishonesty. B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 10: General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and executors of Manager. C. This Agreement shall be in effect for three (3) years or until Manager resigns or is terminated under the provisions of Section 4, above. D. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement or any portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 11: No Reduction of Benefits; Good Faith and Fair Dealing. A. Borough shall not at any time during the tens of employment with this agreement reduce the salary, compensation, or other financial benefits to Manager. B. All contract provisions shall be subject to good faith and fair dealing. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day of , 2016. KODIAK ISLAND BOROUGH BOROUGH MANAGER Jerrol Friend, Borough Mayor Michael Powers Dale: Date: ATTEST: Nova M. Javier, MMC Borough Clerk Borough Manager Employment Contract Page 4 of 4 Contract No. FY2016-44 Employment Contract Between the Kodia... Page 31 of 188 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT G APRIL 7. 2016 i ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. ORIGINATOR: Bill Roberts FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough entered into a lease agreement with the General Services Administration in March, 1997 for the use of the Kodiak Fisheries Research Center by National Oceanic and Atmospheric Administration (NOAA). Throughout the term of the lease, there have been points of disagreement between GSA and KIB regarding definition and interpretation of certain items within the lease such as space allocation, operating costs, R&R/major maintenance, building support staff, etc. GSA proposed a "superseding lease" meaning a new lease with new terms would go into effect before the expiration of the existing lease. As such, staff from GSA, NOAA and KIB have been meeting regularly and working cooperatively to negotiate a new lease that is agreeable and clear to all parties involved. The new lease is for 20 years with 15 years firm and a possible five year extension. RECOMMENDED MOTION: Move to approve Resolution FY2016-33. Kodiak Island Borough Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 32 of 188 F.TCI#L"OUTH- iiE.1"00 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 33 of 188 1 Introduced by: Interim Manager Roberts 2 Requested by: Interim Manager Roberts 3 Drafted by: Interim Manager Roberts/Special Projects 4 Support Christiansen 5 Introduced on: 04/072016 6 Adapted on: 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY2016-33 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 APPROVING A LEASE AGREEMENT BETWEEN THE KODIAK 13 ISLAND BOROUGH AND THE GENERAL SERVICES 14 ADMINISTRATION FOR A PORTION OF THE KODIAK FISHERIES 15 RESEARCH CENTER 16 17 WHEREAS, the Kodiak Island Borough is the owner of certain real property known as 18 the Kodiak Fisheries Research Center; and 19 20 WHEREAS, the National Oceanic and Atmospheric Administration (NOAA) conducts 21 fisheries research that is valuable to the residents and economy of the Kodiak Island 22 Borough; and 23 24 WHEREAS, the General Services Administration has leased a portion of the Kodiak 25 Fisheries Research Center from the Borough for the use of NOAA continuously since 26 March, 1997; and 27 28 WHEREAS, the General Services Administration desires to continue to lease a portion of 29 the Kodiak Fisheries Research Center from the Borough for the use of NOAH, subject to 30 the terms and conditions contained in a new negotiated lease agreement that has been 31 approved by both parties subject to approval by the assembly; and 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH that: 35 36 Section 1: The lease of a portion of the Near Island Research Facility to the General 37 Services Administration to be used for the National Oceanic and 38 Atmospheric Administration is hereby approved on the terms and conditions 39 of the Lease for Real Property. 40 41 Section 2: The manager, or his designee, is authorized to execute the Lease for Real 42 Property and all other documents required for the completion of this 43 transaction. 44 Kodiak Island Borough, Alaska Resolution No. FY2016-33 Page 1 of 2 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 33 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 34 of 188 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF 2016 47 48 KODIAK ISLAND BOROUGH 49 50 51 52 ATTEST: Jerrol Friend, Borough Mayor 53 54 55 56 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2016-33 Page 2 of 2 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 34 of 188 AGENDA ITEM #13.8.1. PROPOSAL TO LEASE SPACE Request for Lease Pmposae (RLP) Nranber DATED. (011e, Good Until Awerd) 5AK0353 SECTION I - DESCRIPTION OF PREMISES I. BUILDING 1a. Building Name Kodiak Reall Fsheme, Center tb. Building Street Address 301 Resea¢b COW DESCRIPTION 6. OFFERED RATES 1c Cu, Kroak td Slate AK 1e. 3D',dZPCWe 9961Sfi399 . BUISIZE a. General Purpoze . Warehmee 2c other 2d. Total Eggert, Footage e. Total Buildng Patlyi g 4LDING IFn.6 (ford (Ofilce) (IdWEairciil USe) RerID.hl S1r1GWRtl 33,651 RSF RSF 33,557 RSF Surface . SPACE 3a. General Pur al (al W Warehouse RenlCanpareM Annual . Tolel Squae Fmlage 3e_ Offered Reserved OFFERED Rent Compwlenl Arcual Red.per Rate parr RW (3a.3M3c) Pending ABDA 25,332 RSF RSF 251 RSF — Struamn'reE 453,561 17.9011666 28918707 —>a_ Sryace _. to operating Cole c. Arrogated Tenant . COMMON AREA 15,664 AWA ABOA Inn mvemente 15684 ABOA FACTOR (CAF) larmagareargai d. ENtorg Epecihc 1.615174201 SECTION II — RATES S. EXISTING LEASE Lease Numter 6. OFFERED RATES (To be filled out by RSF GovemmenQ ABOASF Nummai of Path,, C Spaces _ O% RenlCanpareM Annual Rate teOar Ratep r Rent Compwlenl Arcual Red.per Rate parr RW ABDA at SWI a. Shell 185,867 7.3372414 11.850739 453,561 17.9011666 28918707 b. Camel Caste to operating Cole c. Arrogated Tenant c Amormi Tenant Inn mvemente larmagareargai d. ENtorg Epecihc d. Breldng Specific Amar4eedC Amrlieed Capital e. Total Annual e. Trial Arcual Paling Pare Cost Cozl I. AntenrraRool I. AMenrWRoot 9. O81an Bond Payment 189,348 6.6851807 19]9755A g Darer Malrgrnem Fee 69,906 2.3685457 38255547 h. Tata h. Total 683,733 34.68803 WU6149 p.em.e..•r.e) daub d ... bpl 4 9 i. NOW i. EM m Me PdMPal amount and iMel t M6 W � Tmn lmlaovMn ,ant the Iadacipal amralt ant maiming rates to amorl Bulli g Specific Alnmbmtl Caput dame. Note: IlWcata"Nate Wines bell Mt, firm term: I. AdNbnal Fnandel ASlsedsol Me Lease I. ANYbnd Fraenal Aq,yA,.lthe Leeae Adjustment for Varenl Premee5: $ Rr FBOA SF abuFsmenrforir—refeeneFea: 5-207—RraeW SF Nyacrcenlmekale: 5_a ley Morley, DFarreOlbnrOq— euWclN,Nomul Nour[ofr.ORralun: IFlmfemq MaMay - Free, A.. Ne to,art W.ona'per .1 Ea4[, prn'AEe llre follower.: Sarwtley ant 1. Ne NumbuillunnlnoXnee Space: _. ___ Sully, AM to Na Areazoyqumm24hyruNV gAN,eadS_e_Re AaOA5F"Only aPobe[ when th, Gumnmem rrynhes onerafe reAnW r[en an my 24 Mur HVAC as euunbea urdor Senn t of me l -VAC Cited— Role S Rr hour Lea[e_ONerwbe,Nr[IUEerMreN In Ne openrine ren�as CessrlteJ u.MrSnr:lrn6ollHa lea[.. inglan(Fearrader—li NVKORmbn: Area. Icyuuhq 24men WAC (1AN. my) S ASOA SF GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 35 of 188 M.N.' _ AM to PM B. RENEWAL OPTIONS Sana' _. AM Io. _ Pre b. Y—Fem T AJJllpnel Boarded Aspeda of Ne Lon. (Continued): el sha ltl Percent of Government Madinanry: _)S J% G. NmNaref GPoma [umm lea, T1 . $__ _ 13. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO Banta on ralh assertedvabe Oras ONo N the nxe.ed reare had of n—Bile tar am? Ore. ONn uso.o.oeue tar s numlrert and rounefootachn each Amro the legal dessnymn of the oxered moPelry. 20 7. INITIAL LEASE TERM (Full Term) B. RENEWAL OPTIONS A . NmNer olYeva b. Y—Fem CNurNer of Oay. NOOce brGwammnl el sha ltl b. Y—EW G. NmNaref GPoma d. Nunea.ef Garalloou 13. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN. IN FULL b Tmm�rta Laare PSI'- 1 have read time RLP and Its attachments in Its entirety and I am requesting no davlations. 14. Offerors Interest in Property IOE.aarna Gbem 20 15 360 J. State I e. ZIP 14 I. Title g. E -Mail Address SFCTinN IV — AnnITIC)NAI TFRMS ANC1 CnItInITIC3NS 9. COMMISSIONS Ifo icable, ATTACH COMMISSION AGREEMENT a. Tellald Representative Commission b. Qma'. BepreArgeolve Commission % % c 6dledNeof Commiesiced Paymenb %at lease axard aM %at .1,1 10. SPECIFIC OFFERED INCENTIVES B, a,, free rent, free spare) 11. ADDITIONAL REMARKS OR CONDITIONS WITH RESPECT TO THIS OFFER &,9xe31III rel : VQe➢P121 mi AIal zi: k dI;IIti- [a7: Ie\JUIN zi VIA lly[N_ 9Eel I- 12. RECORDED OWNER a. Name b. Address c. City d, State e. ZIP+4 Kodiak Island Borough 710 Mill Bay Road Kett AK 59615-6399 13. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN. IN FULL COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP, WITH ATTACHMENTS. 1 have read time RLP and Its attachments in Its entirety and I am requesting no davlations. 14. Offerors Interest in Property ® Owner ❑ Agent []Other 15.OFFEROR N Check if same as Recorded Owner a. Name b. Address C. City J. State I e. ZIP 14 I. Title g. E -Mail Address h. Telephone Number GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 36 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 37 of 188 I. Offerofs signature J. Dale Signed GSA FORM 1364D INSTRUCTIONS NOTE: THE 1364D IS AVAILABLE AS A TABLE IN WORD (.DOC( FORMAT. OFFERORS ARE NOT LIMITED BY THE CELL SIZE AS THE DOCUMENT WILL EXPAND TO ACCOMMODATE ADDITIONAL INFORMATION AS NEEDED. IT IS EXPECTED THAT A COMPLETE OFFER MAY RESULT IN A 1364 THAT EXCEEDS THE 2 PAGE FORMAT PROVIDED. SECTION 1— DESCRIPTION OF PREMISES 1. BUILDING DESCRIPTION Block 1a Bullding Name If applicable, Ne Offeror should Provide Me building name of Me proposed faolirylbuilding, to house Me Government's space requirement. :look 1b BWlding Address The Offeror must provide the Wilting street address of the proposed mcgity/builcing. to house the Govemmenfs space requirement R an unimproved site is being offered, attach a site plan as detailed in Me RLP. Block 1c Bu1141ng City The OAemr must provide the name of the City the proposed facllityllseldng is located. td 2Block Bullding State The Offeror must provide the name ot the State or U.S. Territory the proposed fadlitylbuldirg is loraled. Block 1e Bubding 4-Digft ZIP Cada The Offeror must provide the 9 -Digit United States Postal Service Zip Cade forms address of Me proposed fadktyAluiltlMg. The 9 -Digi) Zip Cede can be found on Me United Slates Postel Service Web Site either on h22-//no4.usos mmhip4Axelcpne hen or hltn:/Avow usos cerrd 2 BUILDING SIZE Block 2a General Purpose IORlee) If the Wddingffacllity offered is, or Wil be constructed as, a general-purpose office and/or retail facility, this Offeror must provide the total rentable square feet of space in the bolding being offered to louse Ne Govemmerd's space requirement. Renee space is Ne area far vd a lenam is c ag d rent. The rentable squaw feel em determined by the buldW Owner and agreed to by Me Contracting Officer. The rentable space may include a sham of budding suppagmmmon areas such as elevator lobbies. Wilding comes s, and floor service areas. Flaw service areas typically include restrooms, janitor rooms, telephone closets, eleddual closets, and mechanical rooms. The rentable space dues not indude vertical Wilding perstfabo s and their encasing walls, such as stairs, elevator shaft, and vertical duds. Block 2b Warehouse If the buldingffadlity offered was, or will be, constructed as a warehouse, Me Offeror must provide the total remade square feet of space in Ne Wilting being offered to house the Government's space requirement. Block 2e Met If the buildinglfadlity offered was, wvvill be, constructed wild Lab or Special Use space, the Offeror must provide Me total mnlaNe square feel of space in the building being offered M house the Govemment's space requirement Block 2d Total Square Footage The Pumose for this block is to quantity Me total square footage in the offered Wilding. This line should equal Me win of 2a, 21, and 2c. Block 2e Total Parking The Offeror shall provide Me number of Parting spaces for Me entire buildirglfacltily, which are under the tantrd a Me Offeror If Me offered Wilding shares parking Win neighboring buildings. Me OUeror Is requested to give the total number of surface amgor structured parking available along wild Me total number of Parking spaces surace and/or structured allocated to Me offered! Wilting. 3. SPACE OFFERED Block 2a General Purpose (Offlae) If the Wilding4aclfily offered is, or will be consimcted as, a general-purpose office and/or retail facility. Me Offeror must provide the total rentable square feet mM ANSI BOMA Office Area square feet of space being offered to house Me Government's space requirement. GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 37 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 38 of 188 Rentable space is the area for which a tenant is charged rent. The rentable square feel are determined by the Wilding owner and agreed b by the Contracting Othmr. The rentable space may anthem a share of building supporVrummon areas such as elevalar lobbies, building mmdors, and floor service areas. Floor service areas typically include restrooms, janitor roams, telephone closets, electrical closets, and meManiwl rooms. The rentable space does nor include veNral building penetrations and their enclosing yells, such as stairs, elevator chaffs, and vertital ducts The Government recognizes Ne American National Standards InstilutraBuilding Owners and Managers Assoclatiun (ANSIMOMA) international standard (265.1-1995) definition for Offwm Area. ANSIMOMA Office Area square feet shall be computed by measuring the area enclosed by the finished surface of Me room side M corddars (mrmilms in place as well as those required by local Lades and ordinances to provide an acceptable level of safety andhor to provide access to essential building elements) and other permanent walls, Ne dominant portion (refer to Z65.1) of building edenor walls, and the center of tenant-separeting partitions. Where alcoves, recessed entrances, or similar deviations from Ne corridor are present. ANSVBOMA Office Area square feel shall be computed as it Ne deviation were not present. Block 3b General Purpose (VYarehousq If the builEingHatlity offered was, or will be, mnsbuted as a warehouse, the Offeror must prance the total rentable square feet of space being offered to house the Government's space requirement. Block 3c Other N the buildingRacility offered was, or will be, mnshuded with Lab or Special Use space, the Offeror must provide the total rentable square feet of space being offered to house the Government's spam requirement. Block ad Totai Square Foo Piga The purpose for this blots is to quantify the total square footage being offered to the government This line should equal the sum of 3a, 3b and Y Block 3e Offered Reserved Parking The Offemr shall provide the number of structured and surface parking spaces that are being offered to Ne government Black 4 C.A,F. The Offeror must provide Ne Common Area Fadur (a conversion lactims) determined by the building owner and applied by Ne Offeror m Ne ANSUBOMA Office Area square feet to calamine the rentable square feel for the offered space). The equation is rentable square feet divided by ANSIIBOMA Office Area square feeL If the space offered is on multiple floors and does not have a single common area factor bemuse of changes in floor design clue to building artditedurefbuilding systems or due to NII floor and partial four omupancy under Ne same lease proposal, the Government requests the common area factors itemized by location and by floor If the afar is the suvassful offer. the Government. on a rase -by -case basis, may request to have one common area fluor, which would be the blendimbaveragec common area factor This blendedlavereged common area lador may be placed on contract th asments, for internal Government purposes, It the product of rentable square feet divided by ANSIIBOMA Office Area square feet does not round evenly, Ne Government requests Nat the result be provided up to 9 decimal places. SECTION II — RATES 6. UISTING LEASE This cation pertains to the ensting GSA lease and is to be completed by the government. This information is intended to provide a basis for the offerer when considering their new offered rates. 6. OFFERED RATES Block 6a Shell Stale the rental consideration required to provide the shell space and other improvements as defined in Ne RLP. Block 6b Ommadng The Offeror must pounds any and all services, utility eVenses, eat Wing ownershp and managerial costs, on a first lease year rentable square foot basis. If an offerer proposes set changes in rent for operating costs rather than using the operating cast adjustment paragraph in the RLP or Lease, indicate Mangos in operating cords and the number of years each rate is in effect. Block co Amortization of Tenant Improvements State Ne annual rent and psf rates to amomm any tenant improvements identified in the RLP. The Offeror is reminded that tenant improvements shall provide for all alterations for the govertmentder ised area above the building shell buildout. Block ad Building Specific Amortized Capital State the annual rent and pat rates to simonize the costs of Building Spec Amortized Capital mals. They must be priced separately Imo any tenant improvements. Block 6e Total Annual Parking Cost The Offeror shall state whether the offered rental rales) above include parking costs. It not, provide the annual cast per space for structured and surface parking spaces. GSA FORM 13640 (REV 99/14) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 38 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 39 of 188 Block 6f MiennalRoof The Offeror shall state whether the offered rental rates) above include antennalroof costs. If not, pmOde the annual wst for used the mof. Block Gg Other The Officer shall oxides any additional made net identified in boxes Ga—Gf in this box. Block 6h Tata) This line should equal Ne sum of Ga —6g. Block 61 Enter the principal amounts and interest rates for amonizakon of Tenant Improvements and Building -Specific Amortized Capital requirements. Nete:The Offeror must provide any additional information Nat impacts Ne offer here. Pmvideaddi6onal pages asirecissary. Block 61 Accidental Fire anelet Aspect of the Lease Various paragraphs of the RLP diswss the items listed below. So that the offer fully addresses these issues, provide the following information: Me pmpozed rental adjustment for vacant premises; normal hours of operated far WAC the overtime HVAC rate. rate for areas requiring 24 hour HVAC (per RLP requirements push as IAN rooms, con), when Lease indicates that these costs will be paid separately by the ocmpant agency. SECTION III —TERM Block Ta Number of Years for Initial Term The Offeror is requested to confirm that the total initial term of the proposal is consistent with the Solicitation for Offers and its attachments. Block 7b Years Firm The Oftener is requested to confirm Nat the firth term portion of Ne total initial tens of Ne proposal is consistent stint the Solicitation for Offers and its attachments. Block 21a maybe the same as Block 211h, as defined by the Salutation for Offers and its almeri n dints. Block Tc Days Notlee to Terminate H the Solicitation for Offers requires, of it the Chimer provides termination rights during the term of the proposed lease, the Oftener must provide Ne number of days notice required for the Government to terminate the proposed lease. Black Be Renewal Option Shell Rale If the Solicitation for Offers requires a renewal option, the renewal options will be evaluated in acmrdanco with the Soliatation for Offers. Bloch 23a requests the shell rate per rentable square fool proposed by the Oftener The Offener is reminded that the Government anticipates that the tenant buildout will be fully amortized at the end of Ne firth term. Any desired rent increases a decreases should be reflected in the shell rate and fully explained as part of Nis written proposal. If the Offeror submits an unsithated renewal option, the Offeror understands that even it masher offer is the successful &far the Contracting Othcor, may choose net to incorporate the renewal option into the lease language. Please time procurement and appropnatmn regulations may prevent GSA from incorporating a renewal option into the lease agreement and may prevent GSA from ultimately extending a renewal option written Into the lease agreement Block Bb Renewal Option—Years listed The Offeror is requested to wnfir s that the renewal term of ane proposal is consistent want Ne Solidtation for Offers and its attachments . If the Saliatation for Offers requested more than we renewal tens, the Offeror is requested to confirm that the renewal terms of the proposal are consistent with the Government's requirement Block Be Number of Renewal Options The Offeror is requested to confirm that the number of reneval option periods reflected in this proposal is consistent with the Solicitation for Offers and its attachments. Block Bid Days Notlee to Eaemise Renewal Options If the Solicitation for Offers requires a renewal option, the number of days wake produced to exercise the renewal option is requested. The Smiatation for Otters may specify a number of days police as determined by the Commiciing OFmr. Otherwise, Ne number of days mom should be reasonable and in accordance with market conditions. GSA FORM 1364D (REV 09/14( Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 39 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 40 of 188 SECTION IV — ADDITIONAL TERMS AND CONDITIONS Block 9. Tenant Representative Commission S GSA uses an authanzed Realty Company as its offidal tenant representative, the Offeror must provide the total percentage of commission allocated in Ne proforma, for this proposal, to Me tenant representatwellenanl baker. This infornagon is necessary to measure the national baker oonbad pngram results. The General Services Administration (GSA) may designate an authorized Realty Company as the Government's representative. Wille a GSA Conlrading Officer must create Me lease agreement. Ne authonzed Realty Company wit be entitled to Me tenant representativeflenant biter commission, which is a common commercial real estate business pradtce. Such commission shall be payade to Ne canonized Realty Company in the farm of a check due in acoordance with lased laws and dnstoms but no laterthan the lease commencement date. Under the terms of the contract between GSA and the authorizetl Realty Company, the authronzed Realty Company wit forego a certain percentage previously agreed to by the authorized Realty Company, The Offerar Wil apply Ne percentage foregone by the authoazed Realty Company as a credit to Me Shell Rent of the lease (herein, commission credit). Said credit will ultimately be refieded in a reduction to Me shell rent an Me Standard Farm 2, added 'U,S Government Lease far Real Property' The Subcdafion far Offers wJl state the percentage forgone by the authartzed Realty Company. For purposes of the pace evaluation, any commission credits shall be treated as a lump sun credit and will be evaluated in acrordznre with Me procedures established in Me 'Price Evaluation paragraph in the SUMMARY sedicn of Me So illation for Glare. The commissions paid to Me GSA authorized Realty Company, as aired payment, will not be applied to Me present value analysis. A proforma is defined as Me ovmerships' pmjeded financial analysis an Meir intone and expenses in determining Meir proposal to the Government. Block 9b Owners Representative Commission If GSA uses an authorized Realty Company as its official tenant representative, Me Ofieor mud provide Me total percentage of commission allocated in Me proforma, fm this proposal, to Me owners represmbtivelownees bmkec This block is to gather information and measure Me national broker conlrad program results. Block 90 Schedule of Commission Paymoms 9 GSA uses an authoazed Realty Company as its official tenant representative, Me Offeror must provide Me schedule of commission payments as allocated in the poforma, far Mis proposal, Under Me terms of Me cont ad between GSA and Me aulnddzed Realty Company, Me authorized Realty Company will forega a certain percentage referencetl above as the commission credit as pan of the Realty Companies contract with GSA. The remaining commission shall be payable to the authorized Realty Company in Me form of a dnerk due in acrardanm with local laws and codons but r i later Man Me lease commencernenl date. This block is to gather information on Me fndirg d commission payments to measure Me natural broker coitrad program results. Block 10 Specific Offered Incentives The Offeror is requested to describe airy Moarttves included in Meir after such as free rent or free spare. Block 11 Additional Ramads or ConYMons wMt respect to this alter The Offerer must provide any additional information that impads the ager. Provide additional pages as necessary. SECTION V — OWNER IDENTIFICATION AND CERTIFICATION Block 13 Recorded Owner The Offeror mud provide Me name and full address d Me recorded owner of the property proposed in response to Me Government's requirement. Block 19 Agreement to Lease to Me United States By submMing this offer, Me Manor agrees upon acceplarce of Mis proposal by Me herein specified date, to lease to Me United States of America. Me premises described, upon the terms ant conditions as specified herein, in full compliance with and acceptance, of Me aforementioned Solicitation for Offers, with attachments. Block 10 Offerors Interest in Mc Properly no Offeror must identify their interest in Me popery, w ether May have an ownership interest, May are on agent, or sane other relationship to Me popery being proposed in response to the Govemmenfs requirement. If Me Offeor is an agent, provide a copy of Me agency agreement indicating control d the property. Block 15 Offoor Information The proposed must include the Ofleoes name, lige, address. mad guess. phone, signature and date of signature. The Conceding Offoer may request an authority to represent letter fora Me ownership Identifying Me Offeror as his/her offidal representative. Rider to Me Parties to EaeMe Lease pause in Me Solicitation Provisions (GSA Farm 3516) for addiional information that will be required poor to any lime execution. GSA FORM 1364D (REV 09/19) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 40 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 41 of 188 LEASE NO. GS-IOP-LAK07482Succ GSA ;ORM 2 2eng (Mayl5201ase INSTRUCTIONS TO OFFERORS: Do not attempt to complete this lease form (GSA Lease Form L22). Upon selection for aynud, GSA Wit transcribe Me successful Offerm's final offered rent and other price data Included on the lease proposal form (GSA Lease Proposal Form 1364-S, hereinafter Lease Proposal Form) Into a Lease Form, and transmit the completed Lease Form, together "It appropriate aftachmenls, to the successful Offeror for execution. This Lease is made and entered into beNnh n Kodiak Island Borough (Lessor), wlwse principal place of business and contact idoonabon is Ogre of the Borough Manger, 710 Mill Bay Road, Kayak, AK 996154396, Phone (907) 496-9301 and smose interest in me Property described hemin is Nat of Fee Owner, and The United Stales aAmenca (Government). whose principal place of business and contact information is Leasing Division, Atm: Leasing Brerach Chief, 40015° St SW, Auburn, WA 99001 and aping by and through Ne designated representative of the General Services Administration (GSA), upon the terns and canal set forth herein. Mrs sseth: The parties hereto, for the consideration hereinafter mentioned, ceveral and agree as follows: Lessor hereby leases to the Govemmerd the Promises described herein, tieing all or a portion of Ne Property located at 301 Research Court, Kodiak. AK 996164399 and more fully described in Sedion 1 and Exhibit A together with rights to the use of padJng and other areas as set form herein, to be used for such purposes as determined by GSA. LEASE TERM To Have and To Hold the said Promises v th its appurtenances forme term beginning April 1, 2016 and continuing for a period of 20 Ysue, 16 Yeus Firm, subject to lemrinatien and renewal rights as may be hereinafter set forth. The canmencement date of this Lease, along vath any applicable termination and renewal rights, shall be more specifically set form in a Lease Amendment upon substantial canplelion and acceptance of the Space by the Government In Witness Whereof, me parties to this Lease evidence their agreement to all terms and conditions set form herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to ma Lessor. FOR THE LESSOR: FOR THE GOVERNMENT: Name: (Name) Lease Contracting Officer Title: General Services Administration, Public Buildings Service Date: Date: WITNESSED FOR THE LESSOR BY: r:,.;e LEASE NO. GS-10P-LA1107492, LESSOR:_ GOVERNMENT: GSA FORM UO2(05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 41 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 42 of 188 Date: The idormation Wledion mquirements dunlained in this SdidlabaNCon1 ad, Win are not Required Ey the regulation, have been apgoved by the Offi¢ of Management and Budget pursuant to the Paperwork Redudion Ad and assigned Ne OMB Control No. 3090-0163. LEASE NO. GS-I0P-1-AK014a2 LESSOR:_ GOVERNMENT: GSA FORM UO2(05115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 42 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 43 of 188 SECTIONI THE PREMISES, RENT, AND OTHER TERMS 1 1.01 THE PREMISES (SUCCEEDING) (SEP 2013)... _._... _... _.. _...... �. 1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) _.__.. _._. _. _....... ` 103 RENT AND OTHER CONSIDERATIONS(APR 2015). 1.04 TERMINATION RIGHTS (AUG 2011). 2 1.05 DOCUMENTS INCORPORATED IN THE LEASE (APR 201 5) 2 1.06 PERCENTAGE OF OCCUPANCY (JUN 2012).. 2 1.07 OPERATING COST BASE (SEP 2013)..........__. 2 1.03 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013) __..... __2 109 24HOUR HVAC REQUIREMENT(SEP 2014).. ......... ... _......_._..3 SECTION2 GENERALTERMS,CONDITIONS, AND STANDARDS...................................................... _..... __.__..__.�.__.___.._._.4 2.01 DEFINITIONS AND GENERAL TERMS (SEP 2013).._.._.........................................................................................4 2.02 AUTHORIMD REPRESENTATIVES (JUN 2012) ...... ___.................... ........ ........_........... ................. ._........... ..... ...4 2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (SEP 2013)_..___........ ... _....... ....... ................ ............... ........... ................... 5 2.04 WAIVER OF RESTORATION (APR MI 1).- .............. _ ............................................................................................5 205 CHANGE OF OWNERSHIP (APR 2015)..._ ..... .............. ......................... ................ __....... __.................. .............. .............. ...... ........5 2.06 ADJUSTMENT FOR VACANT PREMISES (SEP 2013) ......... .._._........_.... __........... ......................... _............................................... 5 2.07 OPERATING COSTS ADJUSTMENT (JUN 2012)......_._._ ....................... ......___ .......... ..................................................................... 5 SECTION3 CONSTRUCnONSTANOAROSANOSHELLCOMPONENTS__._.._....__._.____.__._.-..._____._..__.........----- 5 3.01 WORK PERFORMANCE (JUN 2012) .... .....____ .... ................ .._............. ... ... 3.02 RECYCLED CONTENT PRODUCTS (COMPREHENSIVE PROCUREMENT GUIDELINES) (SEP 2013) _. _.. a BUILDI2013). ......................._. 5 3.03 ENVIRONMENTALLY PRAGED, OE REUSTGPILDINGSANOML(JUNLS(SEP 3.04 (JUN 2012)._.. ... 5 CONSTRUCTION WAALVAGEAGEREUSEDCEDIGMJUN 201 __.. 3.05 CONSTRUCTION WASTEEMENTS(SEP 20UCCEEDING)(JUN2012) 9 SHELL REQUIREMENTS(SEPUE13)................................- 9 3.06 BUILRESPONSIBILITY 3.W RESPONSIBILITY THE E (SUCCEEDING) (APR 2011) 9 AND LE SSORSEDING)ESEPT APPEARANCE OFF (SUCCEEDING) (SEPT 2011) __..... _. _.. _.... 9 3.05 VESTRY 2011) 2011) _. _.. .. ... .. .. ES(SUC(APR 2011) 3.09 VESTIBULES RESS(MAY20(APR I........ 3.11 MEANS OF EGRESS (MAY _....._.....................___....................._............................... ................. .... 9 3.11 AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2013)._-._._..._......_ ....... .__........ ............... ............. ...... 10 I........................._. 3.12 FIRE (SEP ...._._.......... ......... ................ .................... ..... ..... .............. ....__.__.. 10 GYINDEPENDENCAND SE 3.13 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011)_...._.......... ................................................................ 10 3.14 ELEVATORS (SEP 2013).._.. ___ .................................. _._....I._.... _...I...................... 11 3.15 __.__._.__..,.__........... ........... ..... ... .........I..............__.. 11 DEMOLI UN ACCIESTION(J(FEB2)._.. 3.15 AEILINGBIUTY(01520W). _. ___ __ .................._................I..... .......... ..__. 11 3.18 2015) ....... _......................... .................. ........__... 11 EXTERIOR 3.15 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 2013)---_......................I.............I............_. _.. 12 329 DOORS: IDENTIFICATS(SUCCEEDIION I(SEPT211_...__...._._.__............................. ......................... ........__._.. 12 3.20 WINDOWS ___........_._._...._............_._......_............................_....._.._..... 12 S GENEDING)(R2015)11) ___..........._._.................._................................................... ...__. 12 3.21 PARTITIONS 13ERMANENT APR 201 3.22 PARTITIONS: 21156-_......................................_........._._.___........._..._._...._......_. 12 THERMAL ACOUSTIC, 3.23 INSULATION- THERMAL ACOUSTIC. AND HVAC (SEP 2013). _..........._ - ......................._............ ...__._.... .... ........ .......... _.. 12 324 WALL (SEC...... GI (JUN 2012) _......_....... ......... ........................ ............. _.......... ................. .__._.. 12 3.25 INTINGFINISHES LL(JUN __.._...... _.__.__.-.._................................................... .... .....__..... 13 FLOOR AND FLL(RLOAD26..____ APR 327 FLOORS 5) -._.--...012)........... ..............._..... ............._. _.__. _...._..._... 13 328 FLOOR CICALEGAND PERIMETERSPLUMBINGGELL 2012) - _..._. _......._..... 13 NERACCEEOING)(JUN ................._....................... PLUMBING. GENERAL (APR 2011) _.............................._..._.........................___.. 13 3.29 MECTRIC L(JUN 2TRICAL. 3.28 ELECTRICAL (JUNINS(A -._....._............................._...... _......__.......___.. 13 3.31 DRINKIRESTRNGFOUNTAINSO., 2111)__..._.__......_..._......_._..._._............_................ _.._ 13 3.31 SEP 11R _......................................._. 13 (TURES: PLUMBING WATER (DEG 2m 1) 1111. 1111.._ 14 3.32 PLUMBINGFIXTURES:WATERNG)(JU 3.33 JANITOR CLOSE IS 2012) .. _1111.._ ........_.. 14 3.34 VENTILATION AND AIR CONDITIONING 13) _. _.. 14 VENTILATION AND AIRCONONANDE TEXIRNG LECOM (SUCCEP 3.35 TELECOMMUNICATIONS: DISTRIBUTION EQUIPMSHELLENT 2011). 15 2012) 15 3.36 TELECOMMUNICATIONS: LOCALG-SHELSUCCEEDING)(SE)._0 15 EXCHANGE ACCESS (JUN 3.38 ACOUSTIC -SHELL (SUCCEEDING) (SEP 2013) 15 LREQUREMENTS(JUN 5012) __ _ 15 REQUIREMENTS 3.36 ACOUSINDOOR AIR QUALITY CON O 3.39 INDOORAIROMISSI DURING CONSTRUCTION (SEP 2013) 16 MI _16 3.40 SYSTEMSCOMMISSIONINGAND NATIONAL ENVIRONMENTAL 3.41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS -LEASE (SEP 2014). _._. _... -_.1] SECTION4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES ...................... .................._..15 4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SUCCEEDING) (MAY 2015).......__._.__........._..._____..._...18 402 AS -BUILT DRAWINGS (JUN 2012)... ......... _-1111 1111_._ __._. ...._........_........ 18 LEASE NO. GS-I0P-LAK07482 LESSOR:_ GOVERNMENT:_ GSA FORM L2121O6116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 43 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 44 of 188 SECTIONS TENANTIMPROVEMENTCOMPUNENTS............................................................................................................................. 18 5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013)._ 19 502 DOORS: INTERIOR (SUCCEEDING) (SEP 2013). 19 503 DOORS: HARDWARE (SUCCEEDING) (SEP 2013) _. _._.. 19 504 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEP 2013) ... ..............................__. 19 5.05 WALL FINISHES (JUN 2012). _. ..._..._._.. .._..._.. 19 506 PAINTING-TI(SEP 2013) _.__.. __..._ _... _. 19 507 FLOOR COVERINGS AND PERIMETERS (APR 2015) _........_... ........... .._..... 20 5.08 HEATING AND AIR CONDITIONING (SUCCEEDING) (JUN 2012). _..___._._._.__......_._._ ...............__.__._.._. 21 5.09 ELECTRICAL. DISTRIBUTION (SUCCEEDING) (JUN 2012) ---.._...._....._..........._. _... _........ ...... __._._........ 21 5.10 LIGHTING. INTERIOR AND PARKING -TI (SUCCEEDING) (SEP 2013) -.-... - .. ....... _... ._._........_ _... _. 21 SECTIONS UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM ........... .............................. .............-.....-...22 6.01 PROVISION OF SERVICES. ACCESS, AND NORMAL HOURS (JUN 2012)...__.._._._.__.__.....___.......__. _...._..._. _._...__. 22 602 UTILITIES(APR2011) _.. .._... _._ .. ._.__. _._......._._. _.22 6.03 UTILITY CONSUMPTION REPORTING (JUN 2012) _. _. .._..._._.... .. .......... ........ 22 604 HEATINGANDAIR CONDITIONING(SEP2014)-.._.__..._.......... ........................... ........... I.. ....... ..._.....__. 22 6.05 JANITORIAL SERVICES (JUN 2012) _.__..... .. _.__...... ......... .............. _... 22 608 SELECTION OF CLEANING PRODUCTS (APR 2015) __........ 23 607 SELECTION OF PAPER PRODUCTS (APR 2015) -------....._......_.__._..._._......_._._... _...... _. _._._... 23 6.08 SNOW REMOVAL (APR 2911)-- -.__... ..... _.... _._... _. _.... 23 609 MAINTENANCE AND TESTING OF SYSTEMS (SEP 2013) ..... .............................. . ._._... 23 6.10 MAINTENANCE OF PROVIDED FINISHES (SEP 2013) ............ ................ ..._................. ............. -.1---.1 ...... 24 6.11 ASBESTOS ABATEMENT (APR 2019).__ _._ ......... ................._............ .__.......... ......... --- ............. ......... 24 612 ONSITE LESSOR MANAGEMENT (APR 2011)... _.... ........ --.......... .................. -.......... ................ ...... ..........___. 24 6.13 IDENTITY VERIFICATION OF PERSONNEL (SEP 2013) . ............................................ ................... ......... ........_..._..._ 24 614 SCHEDULE OF PERIODIC SERVICES (JUN 2012) .. .................................................. ................... ............_........._.. 25 6.15 LANDSCAPING (SUCCEEOING)(JUN 2012)._.... _-..._.. _....__ _._._.. ._.... _.. 25 6.16 LANDSCAPE MAINTENANCE (APR 2011) --- --.-- ---- ---- --- -25 6.17 RECYCLING (JUN 2012)..... 25 61B RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013) 25 6.19 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFI ED ISBUI BUI LO ING I NFORMATI ON IS EP 2013) 25 6.20 INDOOR AIR QUALITY (SEP 2013) _.. .................. ...._....... 27 621 RADON IN AIR (SUCCEEDING) (SEP 2013)------. .......... I ........ ... I ........ _._. 27 622 HAZARDOUS MATERIALS (SEP 2013)28 - -_-- -- - - - --- - --- - ---- 623 MOLD (SEP 2013) ._ ... _.... __.. __.. _....... __... 28 624 OCCUPANT EMERGENCY PLAINS (SEP 2013)-- ........ ...... - - -......__....29 SECTION T ADDITIONAL TERMS AND CONDITIONS ............ ................... _.._,..._.._,...._.................._............................................... 30 701 SECURITY STANDARDS (JUN 2012).. - ... ................ 1.. _. 30 8.01 SPECIAL REQUIREMENTS. .. _....................._ 30 LEASE NO. GS-10P-LAK07482 LESSOR: GOVERNMENT: GSA FORM )302 (06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 44 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 45 of 188 SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 1.01 THE PREMISES (SUCCEEDING) (SEP 2013) Unless otherwise noted, the Government accepts the Premises and tenant improvements in their eeSOm Lwdition, except where speaficetins or standards are contained elsewTere in MIs Lease. Those standards Indude seanny Improvements, Fire Pmtretion areal L6e Safety requirements, ABAAS compliance, as well as compliance with all local codes and ordinances. Such acceptance by Me Government of Setting Premises shall hal relieve Lessor of centinung obligations for dear inq, janitorial, maintenan®, repair, etcas set font in Me Lease paragraphs and attracted General Clauses. The Premises are described as follows: A. OMce andRelated Soace: 25,332 rentable square fret (RSF), yielding 16,684 ANSIMOMA Olivae Area (ASOA) Square feel (SF) of aRhce acct related Specs located an Me to and 2ne floor(s) of Me Building, as depided an Me floor plan(s) a0adled hereto as Exhibit A B. Common Area Fader The Gammon Area Fader (CAF) is established as 1.616174201 pwcenl. This factor, which represents the anvervan train ABOA to namable square fret, muncled to the nearest while percenlage, Shall be used for purposes of rental adluslmenls in accordance With Me Payment Clause d Me General Clauses. 1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) The Government Shall have the noh axdusive right to Me use of Appunenant Areas, and shall have the right to post Rules ant Regulations Gavemim Conduct an Federal Property, Time 41 CFR. Pan 102-74, Subpart C Within such areas. The Government will reodinate With Lessor M ensure signage is consistent With Lessofa staMema_ Appurtenant t0 Me Premises and Mduded in the Lease are fights M uta the following: A. Forum: 34 parking spaces (31 car and 3 boat), reserved for the exclusive use of Me Government of which 0 shall be stmdured6nsids parking spaces, and X shall be suhfa eMmaide padtinq spaces. In addi0on, the Lessor shall pmvi00 suds additional perking spaces as required by the applicable code of Me local government entity havihe lonsdietion over Me Pneerry. Outside of normal business hours or by agreement between Me Govemmnt and Lesser, vacant pankian spaces am available fa use by Lessor B. Antennas. Satellite Dishes. and Related Transmission Devices- (1) Spero localetl on Me mol d Me Building Sdfidenl in size far Me installation and placement of teleminmuhications equipment. (2) Me right M access, Me roof of Me Building, and (3) use of all Building areas (e g., chases, plemans, eM) necessary for the use, operation, ant maintenance of Suds teecoo muniratins equipment at all times during me term of MIS Lease. If Me Government dromes to make any roof installation. Me Government will Pay all cosm including but net limited to a mating engineer. 1.03 RENT AND OTHER CONSIDERATIONS(MR 2016) A. The Government shall pay Me Leaser amain rend, payable in monlltly installments in anears, at Me faffee a hates: Aes 1-16 YEARS 1430 N LRENT ARNUALR SHEu-Rew85867.00 $1 B5 S67.00 Bram PATNENf'89,349.00 $a.m M$4M.56100 MANADENENT FEE'0000.00 $ED CDCM OFERATINGCOSTS' $453,561.00ToTALANNUALREHT68777.00 $868426.00 Bortl payment - See Extent F 'See Defrdhians Sedbn 2.01 'Operang real calculation 6 made up of the Operating Loses (1430,547.00) Mel i eumnce (Mia N, 4hiYy, etc.) mans (t21,014 ora). In instances wham Me Lesser amortizes elMa Me TI or BSAC for a perbd exceeding Me Finn Term of Me Lease, slwuld Me Govemmnt laminate Me Lease after Me Firm Tem or does M oNerimm renew or wind the tem beyad the Firm Tem, Me Government shall net be liable Mr any care, indmng unstructured costs beyond Me Flan Tem. B. Red is subject to adjus"em based open a mutual n -rile measurement of the Space upon acceptance, not to exceed 16,686 ABOA SF based upon Me meModolagy outlined under Me 'Payment" tlzuse of GSA Farm 3517. C. N Me Government occupies Me Premises for less Man a full calendar mnM. Mn rent shall be prorated based an the actual number of days m omnpenlry Ion Mat mnM. D. Rent shall be paid to Lessor by eledronic funds transfer in aacodance With Me provisions of the General Clauses. Rem shall be payable to Me Payee designated by Me Lessor in Me System for AwaN Management (SAM). If the payre is ddferent Man the Lesser, both pays and Lessor must be registered in SAM. LEASE NO. 35-11OP-LAK07462, PAGE LESSOR:_ GOVERNMENT: GSA FORM L202(05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 45 of 188 AGENDA ITEM #13.6.1. E. Lessee shall protide to me Gownsment, in exchange far the payment of rental and other speofied consideration, the Mloairg 1. The leasehold interest in the Property descnbed in Me paragraph entitled 'The Premises.' 2. All basis, epenses add fees to perform the a required for acceptance of the Premises in ab omanm W6h this Lease. Including all basis for labor, materials, antl equipment, professional fees, ro mater fess, a0omey fees, permit fees, inspection fees, aM similar such fees and all related expenses. 3. Performance or satisfaclio of all other obligagons set froth in this Lease; antl all services, utilities, add maintenance required for Me proper operation of Me Property, Me Building, and me Premises In aaordadm Wild the terns of the Lease, inducing, but cwt limited to, all inspemons, modi cabons, repairs, replacements, and improvements required to be made thereto to meet Me requirements of this Lease. F. Parking shall be proindetl at no bas. 1.04 TERMINATION RIGHTS (AUG 2011) The Government may terminate thes Lease, in W1wle or M pan, at any time eRcu1bre ager Me Firm Term of Mis Lease, by proNding not less Man 160 days prim WTiften notice to Me Lessor The effewas date of the termination shall be Me day fcllovAng Me epiration of Me required notice period or Me termination date sel froth in Me notice, ahichwer is later. Normal shall accrue afterMe effective dale of terminatio. Fm termination to lake effect. Me terminated space must be cleared of Gayerranent equipment and supplies. 1.06 DOCUMENTS INCORPORATED IN THE LEASE (APR 2016) The fWaaing documents are alta fled to and made pan of Me Lease: DomMearr Raise No. of Piums Slowrr FLOOR PWM ARD MUME FOOTAGE CALM 5 A GSA FORM M178 GEMERALCLAUSeS 46 B GSA FORM 3518 REPRII E A`rm s 6 CERTIFMATNINS 12 C GSA FORM 3518 1.1, ADO aim TO SYSTEM FOR AwAM MAMA wE (SAM) REPRESEMATIORS AND CERTIFICATIONS(AmwsnwRa OF I.E oclb INTERESTS w REALPROPERIY 2 G RE0.ACEMENT NA RENEWALRESERYE 1 E BOND Awasurt tmod SCHEDutE FOR PRNGPAL PAYME1,11F3 MAGE FROM 10r15 -3T188 BONG AMOR1WTroN SCKTURE FOR REMAKING SONO AMWM STMTwo APRIL 1 2018 5 F GSA FORM 1217 1 G 1.06 PERCENTAGE OF OCCUPANCY (JUN 2012) As of Me Lease AKarE Date, Me Goyebrment a Percentage of Or4vpany, Is 76.2 percent The Pernntage of Oavp incy is derived by diAdirg the load Government Spam of 26,332 RSF by Me total Building spam of 23,667 RSF. 1.07 OPERATING COST BASE (SEP =13) The parties agree, fm Me purpose of applying We paragraph Wed'Operafing Costs Adjustment,' Mal the LeeeOr's base rate for Opemteg Casts shall be the OPeM§W Costs 6430,647.00rannum including insurance (hazard, liability, etc) costs 622,014.00_ The teal Will be (462,661.00/annus. The Lessor will submit GSA Fon 1217 by Deoember 31' each year as derived hem the Lessor's Fiscal Year ending June 30" of each year 1.06 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2012) In e¢etlawa With Me paragraph added'Adjusened fm Vamna Premises if 01e Government fells l0 occupy or vacates the share or any portion of the Premises prior to expiration of Me term of Me Lease, the Operating Costs paid by the Government as pad of the rent shall be reduced by 62.00 per ABOA SF of Spam vacated by Me Government. The retlume rate Will be effective 30 days after notification to Lessor LEASE NO. GS -10P LAl(07402, PAGE 2 LESSOR:_ GOVERNMENT:_ GSA FORM L202 (06115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 46 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 47 of 188 1.09 24-HOUR HVAC REQUIREMENT (SEP 2014) A. 97 ABOA SF of the Space shall receive cooling at all antes (24 hre, a day, 365 days a year) for purposes of cooling the designated server mom Room 133). The temperature of this room shall be maintained at no greater than 75 degrees F )preferred is Be degrees F). B. The 24 hawmoling serN®shall be provided Mthe Lessor as paldme Operaeiq Cosi Base. LEASE NO. GS-I0P-LAH0T482, PAGE LESSOR:_ GOVERNMENT: GSA FORM U02108119) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 47 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 48 of 188 SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS 2.01 DEFINITIONS AND GENERALTERMS(SEP 2010 Unless otherwise spectrally noted, all terms and conditions set forth in Nis Lease shall be interpreted by reference to Me fdlasiig definitions. standards, and formulas: A. Apourenarr Areas. Appurtenant Areas are defined as those areas and facilities on the Property Mat am not located WH1in Me Premises. but for w cat fights are expressly granted undersea Lease, orforwhich rights to use are reasonably necessary w masanaby an0tlpaled with resped to Me Govemmenrs enjoyment of the Premises and express appurtenant rights. This includes panp houses and mornal Ioclers. B. Broker. N GSA awarfie l this Lease using a contract real estate boater, Bmker shall refer to GSRs broker C. Burldino The buildings) situated on Me Property in Which Me Premises are morted shall be reformat! Was Me Budding ifi. 0. Commission Credit. If GSA awarded this Lease using a Broker, and Me Broker agreed to forego a perma la0e of fts commission to which it is entitled in connection with Me aearfi of this Lease, Me amount of His credit is referred to as the Commission Credit. E. Common Area Factor1CAF1. The Common Area Factor (CAF) is a conversion famor determined by the Building ovular ant applied by the owner to Me ABOA SF to detemune the RSF for He leased Spars_ The CAF is expressed as a pep Mage d the dffemn between the amwnl d rentable SF ant ABOA SF, dAW by the ABOA SF. Forexample 11,500 RSF aM 1O,M ABOA SF will have a CAF d 15%((11,500 RSF- 10,000 ASOA SFy1g0DD ABOA SF). Forthe purposes of this Lease, Me CAF shall be determined In amamusbo with Me applicable ANSI/ SOMA standard for Me type d space W which the CAF shall apply. F. Contract Conrad and contractor means Lease and Lessor, respechvey. G. Days. All references to w'days' In this Lease shall mean wleMar days, unless specified Merriam. H. FAR/GSAR. All refersrcas to Me FAR stall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1. All references to the CSAR shall be unclersloed to mean the GSA supplement to the FAR, modified at 48 CFR Chapter S. I. Firm TennWon-Firm Tema. The Firm Term is that par of Me Lease term Mat is not subject to letminabo i fights. The Non -Firm Tom is Mat pad of Me Lease term following Me end of Me Firm Term J. Lease Term Cornmercement Date. The Lease Term Commencement Date means the date on Which Me lease tern commences. K Lease Award Oate. The Lease Awartl Date means the date d exewlion of the Lease by Me LCO and Ma matting or omenwise fumishing wdten moldoation of the exerted Lease to the summ5WI Oflemr (and on which the paries' obligations under Me Lease begin). L Manaoemoa Fee. The fee charged by lessor for indeed expenses and Overhead; inducting nondired or allaceted soafies(for example IT, Finance, Resource Managernent, Borough Manager and Facilities Coordinator). M. Prognimg. The Premises are tlefired satire total OfficeArea or mase type of Space, together wind all aasadaed common areas, tleavibed in Section 1 of Miss Lease, and delineated by plan in the attached exthiblt. Paditg and other areas W Which the Govermni nt has rights under "a Lease are not iMudatl in the Premises. N. P,gpenly. The Property is defined as the land and Buildings in which the Premises arelocated, Wduding all Appureranl Areas (e.g., parting areas) to Which Me Ggvemment is granted fights. O. Rentable Space w Rentable SquareFeel1RSFi. Rentable Space Is the area lir watch a lenarr is chaged rent. It is cetsrminedby the Building owner and may vary, by clay or by building Wthin the same dty. The Rentable Spars may Moulder a mare of Building suppoeVcwnmon areas such as elevator lobbies, Building cerritlws, and floor senator areas. Floor service areas typically include restreans, jantw roans, telephone closets, electrical doses. and mechanical rooms. The Rentable Space fires not include vertical building per etrelians and their enclosing walls, such as stars, elevator shaft, and vertical ducts. Rentable Square Feel is calwlaled using the following formula for each type of Space (eg., office. Warehouse, eta) inducted in Me Premises: ABOA SF of Space x (1 +CAF) = RSF. P. Spam. The Space shall reWrtothat par mule Premises lowhich Me Goverment hasexdusim use, suW as ORxn Area, orothertypeof Space. Parking areas to which the Govemmea has rights under this Lease are cwt included in the Space. 0, OMce Area. Fw the pup ms d Nis Lease, Space shat be measured in aawrdance wiM Me statmartl (285.1-1886) povtded by Amedcen National Standards InstimelButlding Owners and Managers Association (ANSIIBOMA) for Office Area, watch Moore 'We area wham a tenant normally houses personnel andor furrow. for which a measurement is to be compared' References W Al mean ANSIIBOMA Othoo Area. R. Warldrw Days. Wodirg Days shall mean weekfiays, axdedirg Saturdays and Sundays and Federal holidays. 202 AUTHORIZED REPRESENTATIVES(JUN 2012) LEASE NO. GS-I0P-LAK07m 2, PAGE LESSOR:_ GOVERNMENT: GSA FORM LZ0Z(06115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 48 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 49 of 188 no signatories to Mia Lease shall have full authority to bnd their respective prinapals with regard to all matters relating to this Lease. No other persons shall be understood M have airy authority to Nad their respective principals, except to Me extent Mut sudr authority may be mWaly delegated by urtica to the other party, or to the extent that wch authority is transferred by succession of IMermL The Government mall have Me right to substitute its Lease Conbacling Officer (LCO) by notice, without an express delegation by the Nor LCO. 203 ALTERATIONS REQUESTED BY THE GOVERNMENT (SEP 2013) A. The Government may request Me Lessor to provide Merations during the term of Me Lease. Alterations will be ordered by issuanm of a Lease Amendment GSA Farm 300. Order for Supplies or Services, or when apeaficagy authorized to do so by Me LCO, a tenant aMenryapproved forth. The GSAM clause, 552.27031, Prompt Payment, including its invace requirements, shall appy to orders for atlermona. All orders are subject to Me lens and conditions of this Lease and may be placed by Me LCO or a warranted contracting officers mimsentafive (COR) In GSA or Me tenant agency when spectfcelly authorized to d0 so by Me Lease Condemng Officer, subject to Me threshold limimtion below. a. Orden for allerations issued by an authorized COR are limited lo no more than $150,000 (LCDs are not subject to this threshold). This threshold will charge according to filum adjusamerHm of the simplified amuddiod thmalwld (am FAR 2.101). The LCO will provide the Lesao with a list W tenant agency officials authorized to place orders and will specify any londati"g on Me authority delegated to tenant agency officials. no tenant agency officials an not aulh"ized to deal with the Lessor on any other matters_ C. Payments for alteration ordered by Me tenant agerrcy under Me authorization demanded in sub-pamgreph B will W made directly by Me tenant agars., placing Me oder. D. Refer to Eshdit E for Mu Replacement and Renewal Reserve List. Z0/ WAIVER OF RESTORATION (APR 2011) no Lessor mall have rm right to require the Government to restore Me Premises upon termination of Me Lease, and waives all claims against the Government for waste, damages, or maturation ariaig ham or relaled to (a) Me Government's normal and Customary use of Me Premises durirp the term IN Me Lease dr udirg any extensions themoq, as well as (b) any initial or subsequent afteration to Me Premises regardless of whether such alterations are performed by the Lessor or by the Government. At its sole option, Me Government may abadoc property in Me Space following expiation of Me Loam, in which case Me properly will become Me property of the Lessor and the Government will be relieved of any liability in connection Herewith 2.06 CHANGE OF OWNERSHIP (APR 2016) A. If during the lens d Me Laws. We t0 the Property is transferred, the Lease is assigned, or the Lessor changes its legal name, Me Lessor and its mmemmo shall comply with Me requirements & FAR Subbed 42.12. M We is transferred. the Lesmr shall notiry Me Government within five days of the danger m We B. The Gcvemment and the Lessor may execute a Change of Name Agreement M Me Lessor is chaging only its legal name, and the Govemmenrs and Me Lessors respecew rights and obligations amen unaffeam. A sample form is found at FAR 42.1205. C. M We to the Propend is Iranderted, or Me Lease is assigned, the Government Me ordinal Lessor (Tmnsferw, and the new owner or assignee (Transferee) shall execute a Novation Agreement providing for Me transfer of Tranetemrs rights abs obligations under Me Lease to Me Transferee_ When executed on behalf alms Government. a Novation Agmemenl mall be disclaimed & the Lease via Lease Amendment. D. In addition t0 all documents required by FAR 42.120, the LCO may request additional Information (e.g., spy d the deed, bit of sale, certificele of merger, mr4ract, mud decree, amdes m incorporation, operation agreement, Partnership cermicale of good standing, etc) from Me Transferor or Transferee to verity Me parties' representations regarding the transfer, antl t0 determine whether Me danger of Me Lease is in Me Govemmenrs interest. E- If Me LCO determines Mat nmgnibrg the Transferee as Me Lessor will not be in the Government's interest Me Transferor shall roman fully liable to Me Government for Me Transferee's perf"manat m obligations under Me Laws, nwifthslarding Me transfer Under nor monitionstall the Govemmenl be obligated to releaw the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to Me Government under the Lease haw been No! in full or campletely set off against Me rental payments due under Me Lease. F. As a madifion for being recognized as Me Less" end entiMement to recover, rent, the Transferee most register in Me System for Award Management (SAM) (See FAR 5223233), and complete read sign GSA Form 3518 -SAM, Andemo m to System for Award Management (SAM) Representations and Cerafieations (Acquisitions d LeawWd Interests in Real Property). G. If title to the Property is transferred, or Me Lease is assigned, rent shall continue to sandy. subject to the Gavemmenl's rights as provided for in this Lease. However, the Government's obligation to pay rem to the Transforms shoal be suspended unfit Me Government has received all Information reasmeby required by the LCO under sub -paragraph D, Me Government has determined that mcognmW Me Transferee as Me Lessor is in Me Govemmenfri interest (which deteOnination will be prompt and not unreasonably wiMlrNd), and Me Transferee has met all conditions specified in sub -paragraph F. S0 long as any delays in effecting the recognition of Transferee as Lessor am not the responsi ahly of the Government no Interest shall acuus on suspended rent. 106 ADJUSTMENT FOR VACANT PREMISES(SEP 2013) A, 0 Me Government fails to occupy any portion of Me Ieass l Premises or wades Me Premises in whole or in pad prior to expiration of Me term d Me Lease, Me rental rate and Me dam for operatig cost adjustments will be reduced. LEASE NO. GS-10P.LAK074112, PAGE 6 LESSOR:_ GOVERNMENT: GSA FORM UO2 (015116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 49 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 50 of 188 B. If no rate reduction has been established in this Lease, the rate will be reduced by that potion of the costs per ABOA SF of operating expenses not required to mailman the Space- Said Induction shall occur after Me Government gives 30 calendar days' prior notice to Me Lessor and shall continue in effect until [be Government occupies the vacant Premises or the Lease expires or is terminated. 207 OPERATING COSTS AOJ U STMENT(JUN 20121 A. The Operating Cost Base will be the same for the first three (3) years of the lease, unbind m paragraph G. These mats are are for doming services. supplies, material, maintenance, trash removal, landscaping, elevators, water. sewer charges, healing, air conditioning, electricity and insurance (hazard, liability, etc.) and islands for the following Williams 1) Building Engines and actual labor costs for 2) Maintenance Mechanic and 3) Seasonal Bassoons Employees which are directly attributable to occupancy. B. Each year the Lessor is required to submit to GSA the GSA Fogs 1217 reflecting Me Operating Costs for Me year no later Nan December 31m The parties will schedule a meeting within 30 days after the whmission of the Operating Costs to reconc le and acceRt the GSA Form 1217 by Lease Amendment. The address to submit the GSA Form 1217 is Leasing Cannon, AIM Leasing Branch Chief. 400 SW 15 SI, Auburn, WA 98001. C. The Operating Casts am a pass-through. The lease is divided into a series of adjustment parade beginning with a three year followed by three (5) year and a lwa year adjustment period Subject to paragraph 0, the Operating Cost Base will remain the same for the first adjustment period. The Operating Costs Brom the officially accepted GSA Form 1217'.) horn the first pound will be averaged (X = Total Operating Costsladjustment period length) At the and of the first three year adjustment period, Me difference between the average Operating Costs and the annual Operating Cost Base will be divided by the next adjustment length to determine the variance. (f= -Operating Costs average- annual Operating Cost Base)/Nexl adjustment length) The variance plus the average of Me Operating Costs equals the New Operating Cosl Base. (X4Y = New Operating Cost Base) The same process will continue fm the next adjustment periods (years 9-13 and 14-10 and 19-20) Years 19 and 20 will result in a difference that will be paid Iwnp awn by the o.Nng pan All Operating Cost Base changes will be made by Lease Amendment with the effective date at Me stmt of eachadjustment peno0. An example of the process follows below. Example Operating cost Actual 1217 Base Variance 4/1/20163/31/2017 5505,000 $ 500,000 55,000 4/1/201-3/31/2010 $505,000 $ 500,000 $5,000 4/1/2810-3/31/2819 5511,000 $ 588.888 $11,000 Totals S1S21.000 5 11500,000 $21,000 Average(mtaV3) 5507,000 Annual recoup amount Im al varunce/Syears) 54,200 New base(.11—twe 4/1/2019) $511,200 9perating0bst Actual 1217 Base Varianre 4/1/20193/31/2020 5512,000 $ 511,200 $000 4/1/2020 3/31/2021 5530,000 $ 511,200 518,800 4/1/2021-3/31/2022 $518,000 S 511,200 56,000 4/1/2022-3/31/2023 $522,000 $ 511,200 $10,000 4/1/2023-3/31/2@4 5530,000 $ 511,200 $10,800 Totals 52,612,000 S 2,556,000 556/100 Average (obV3) $522,400 Annual recoup amount (total vamnce/5years) $11,200 New base(effective 411/20241 $533,600 LEASE NO. GS-IOP-LAI107482, PAGE 6 LESSOR:_ GOVERNMENT:_ GSA FORM L202(09115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 50 of 188 AGENDA ITEM #13.6.1. D. If the Operating Costs increase or decrease by mom Nan 25% cumulative within an adjustment period, the d0feience wH be reimbursed or credited at M interest and adjusted by negotiation and Lease Amendment wth an egedi re date 0 Apni 1` following submission of the GSA Foran 121] E. Adjustment Periods. YR 1 4/1/2016 3/31/2911 Adjustment YR 2 4/1/201J-3/31/2018 Pedad 1 rR3 4/1/20193/31/2019 YRO 4/1/2019-3/31/2020 Adjuvbnent YRS 4/1/2020-3/31/2021 IN 4/1/2021-3/31/2022 Firm Period 2 IS 4/]/2022-3/31/2023 Term Is 4/1/2023-3/31/2024 YR9 4/1/2024-3/3]/2025 AtljusMent YR ]0 4/1/2025 3/31/2026 Yfl 11 4/1/2026-3/31/20P Perrot 3 11112 4/1/2027- 3/31/2078 YR 13 4/1/2029 3/31/2029 YR 14 4/1/2029 3/31/2030 YR 15 411/21130 3/31/2031 Adjustment IN 16 411/2031 3/31/2032 rio Non -Firm Ped4 YR lJ 4/1/2032-3/31/2033 Teem YR 1R 4/1/2R33-3/31/2034 Adjustment YR 19 4/1/2034-3/31/2035tlo Ped 5 YR 20 LEASE NO. GS•10 a-LAN0T462, PAGE T LESSOR: GOVERNMENT: GSA FORM UO2 (06/16) Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 51 of 188 4/I/20363/31/2036 Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 51 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 52 of 188 SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 3.01 WORK PERFORMANCE (JUN 2012) All wmh in performance of this Lease shall be done by skilled workers or medlanics and stall be mompbble to me LCO. The LCO may rated the Lessors woken 1) if sucla are unlicensed, unskilled, cur others se incompetent or 2) it such have deriaoatreted a history of either untimely or olhervim unacceptable performance in connedlon with work carried our in conjunction with either this contract or other government or private contracts. 9.02 RECYCLED CONTENT PRODUCTS tCOMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) A. The Lessor shall comply to the extent feasible with Me Resource Conservation and Recovery Ad (RCRAL Sedian 6002, 1976. The Lessor shall use recycled content products as Incimted in this Lease and as designated by the U.S. Envimrmtenlal Protection Attorney (EPA) in the Comprehensive Procurement Guidelines (CPG). 40 CFR Pad 247, and its aannpanying Recovered Materials Advisory Notice (RMAN). The CPG lists the designated raryded cadent produce. EPA also provides recommenced levels et recycled content for Nese praduds. The list M designated preduds, EPA's recommencelions, and fiats m manufacturers and suppliers of the prncuds can be fond at from/Av voy area oov/coo. B. The Lessor, if unable to comply with beth the CPG and RMAN lista, shall submit a Request for Waiver for each material to the LCO with the TI pridrm submittal. The request for waiver shall be based on the following criteria: 1. The mat et the recotlmended produd is unreasonable. 2. Inadequate oversell extsls. 3. Items are not available within a reasonable perinc- 4. Items do not meet Lease pedormanee standards, 9.09 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS (SEP 2019) A. The Lessor shall use environmentally preferable products antl materials. The Lessor is encouraged to consider the Recycle analysis of the produd In addlfim to the initial cost. B. Refer to EPA's environmentally preferable purehadng Web site, www.epa.gov/eW and USDA Bio -Preferred products Web site www.bioprafenred.gov Ingenerel,envirenmentallyprefereblepmductsancmatedalsdomaormmOMefofiowvmg: 1. Contain recyded material, are bia-based, are rapidly renewable (10yew or shorter gimNh cycle), or have other positive environmental attributes. 2. Minimize the consumptbn or resources, energy, and water. 3. Prevent the creation et solid waste, air pollution, or water poll Won. 4. Promote the use of nontaxii substances and avoid toric materials or prorassea. C. The Lessor is encouraged to use products Mal are extracted and manufactured regionally. 9.64 METING FIT -OUT, SALVAGED, OR REUSED BUILDING MATERIAL (JUN 2012) A. Items and materials mmmN In the Premises, m to be removed from Ne Premises during the demolition phase, are eligible for reuse in the conshudion phase of the project. The reuse of items and materials Is preferable to reeding them; however, items considered far reuse shall be in re- hebiahed coral antl shall meet the quality standards set forth by the Government In Ilia Lease. In the absence of definifive quality standards, me Lessor is responsible lig confirm that the quality of the items) in question shall meat or exceed accepted industry or dada standards for first quality commercial grams applications_ B. The Lessor stall submit a mum plan to the LCO. The Government will not pay for existing fixtures and other Tie sampled in place. However me Government will reimburse Me Lessor, as pmt of the TIA, the costs to repair or improve such fixtures or improvements identified on the reuse plan and approved by me LCO. 9.06 CONSTRUCTION WASTE MANAGEMENT (SUCCEEDING) (JUN 2012) A. Recycling, desm¢tion waste is mandatory for br al spam alienations for Tis and subsequent alterations under the Lease, wren available in Kodiak AK B. Recycling consducdon wade means providing all services necessary to furnish construction materials or wastes to organizations wfiidl will employ these materiels or wades in me production of new materials. Reeding includes required labor and equipment necessary to separate individual materials horn the assemblies of which they form a part. C. SUBMITTAL REQUIREMENT: Prior to dradmactlon commeneament a Proposed plan lollovnng secularly standards to raryd0 conslaudon waste. The c4lnstrueltion waste management plan shall quantify material diversion goals and madmize the materials to be recycled anclgr salvaged (al least 50 prompt) from Cgn9VllLllon, demolition, and packaging debris. Where me small quantify of material, me etlmmearmily complex nature of LEASE NO. 05-16P.1-AK07482, PAGE a LESSOR:_ GOVERNMENT: GSA FORM L202 (06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 52 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 53 of 188 me siesta disposal method. or prehibitive enmenw for recycling would represent a genuine hardship, the Government, upon written request of the Lessor and approval of the LCO, may permit alternative means of disposal. D. The Lesser shall rm rde Me fdloviig flame during both Me demolition and wnsbaGion phases of the projed, subject to economic evaluation and feasibility: 1. Calling grid and dile 2. Light futures, Including proper disposed o/ any Nan domlem, Wilma, and fluorescent light bulbs 3. Duct work and HVAC equipment 4. Wang and eledrial equipment i Allminwl and/or rival doors and names 6. Hardware 7. Dry+m S. Steel duds 9. Carpet carpet Wring, and carpet padding 10. Wood 11. Insulation 12. Cardboard parhaging 13. Pallets 14. Windows and glazing materials 15. All miscellaneous metals (as in steel support frames for filing equipment) 16. All other finish and construction materials. E. N any wane materials enmuntered during the condition or mastrumon phase are found to mnsin lead, asbestos, polychlorinatetl biphenyls (PCBs) (such as fluaresmnl lamp ballasts), or other hamlul substances, may shell be handed and removed in aommance with Federal and slate laws and requirements wrczming harallous vasle. F. In addition to providing 'we finne removal and recydim,,, of large sale demolition items suds as mrpeeng or drywall, the Lessor shall provide continuous facilities for the reading of incidental mnstrudion waste during the initial mnsbuctim. G. Construction materials recydmg records shall be maintainetl by the Lessor and shall be accessible to the LCO. Records shall include materials recyded or landfilled, quantity, date, and identification of harardous wastes. 3.0a BUILDING SHELL REQUIREMENTS(SEP 2013) A. The Building Shall shall be designed, mnstiucled, and maintained in armrdimm with bre standards set lonh herein and cwnpleted prior to avreplance of Spam. Far pricing, fulfillment d all requirements not specifically designated as Tis, Building Spedfic Amortized Capital, Operating Casts, or other rent mmpanents as indimho shall be deemed Iraludd l in Me Shell Rent S. Base stnrdure anal Building endows cnmpments shall be mmplde. All mmmon areas accessible by Me Government such as lobbies, fire agrees mmdors and stairwells, elevators, garages, and serum areas, shall be canplele. Resbaams shall be mmplete and operational All massy installed Building shell mmponents, including but not limited to, heating, ventilation, and air wndiliodng (HVAC), electrical, railings, sprinklers, etc, shall be furnished, installed, and coordinated wird Tie. Circulation mnidars are provided as pan of the base Building only on mulfi4manled fleas where Me candor is mmmon to more Man one tenant On single terent floors, only Me fire egress mnidm(s) remissry, to meet mde is provided as pan of Me shell. 3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(SUCCEEDING)(MR 20111 The Lessor shell be responsible for the professional quality, terhniml amlmcy, and Me moronation of all designs, drawings, specifications, and other services banished by Me Lessor under this wrim cl The Lessor shall, willwul additional mmperLsation. caned or revise any anon or deficiencies in its deelgns, drawings, spedfmtions, or other services. Ezmpt for mora or defdendes in edsting designs, drawings or spec�ifimhoa, if the trimmed drawings for Me Government requested alterations was rid with missing requirements and Me Government affirms Me need fa Me ad Ildanel items, the Government is responsible to pay the fair cost of Me items. AM met that Is Increase ! due b error by the Lessons' arr181ed, such as having to demolish something just built will be Me Lessors' responsibility. The Government, prior to any Gds, will have Me opportunity to review and approve design intent drawings, mnsbudion drewiings, and spedfations with a 30 day review period. 2.Oa DUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011) During Me life of Me Lease Me Building shall "ad a professional and aesthetimlly pleasing appearance indudirg an mradtve front and entranm way. The /amde, drnmspouts, roof trim, and willow msing shall be dean and in good mndition. 3.09 VESTIBULES (SUCCEEDING)(MR Nil) A. EAMng vembums shall remain in plam at pudic entrances and am% wherever weather mrslitions and heal mss am impotent radon for mnfidarmon. In Me event of negative air pressure cpWitions. provisions shall be made fa equalizing air peesae- B. Edshng grilles and groes shall remain in plam to mnbol d'et end paNaJales from entering Me Building at all primary ealedor entryways. 3.10 MEANS OF EGRESS (MAY 2019) LEASE NO. GS-10P-LAN07482, PAGE 9 LESSOR:_ GOVERNMENT: GSA FORM L202(05119) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 53 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 54 of 188 A. Prior to occupancy, Me Premises and any parking garage areas shall meet or YAI be upgraded to meet, either Me applicable egress requirements in Me National Fire Protection Association, Lila Safety Code (NFPA 101), or the International Code Council, International Building Code (IBD), each anent as of Me Lease Award Date, or use an alternative appmedh or method Mal achieves an equivalent level of safety deemed amuptable by the Gove Ment. B. The Spam shall have unrestricted access M a mimmun of Iwo remote wits on earn floor of Government ocoMancy C. Intedorking or sdsmr stairs located on Me floor(s) viers, Spam is looted shall only muni as one evit stair. D. A fire escape located be the floors) where Spam is located shall not be munted w an approved evil stair. E. Dams shall net be locked in the direction of egress unless equipped with salol locking hardware in accordance with requirements of NFPA 101 orthe 106 2.11 AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2012) A. Any portion of Me Spam located belo rode, i ouding parking garage areae, and all areas in a Building Waned to as'ha sic ous areas (define! in National Fire Pretadion Association (NFPA) 101) that are located Whom the entire Building (including ben-Govemmmit areas) shall be protected by an autornatic fire sprinUar system or an equivalent level of safety. B. For Buildings in whim any porion of Me Spam is on or above Me sixth fiber, then, at a minimum, me Building W to and including Me highest floor of Government occupancy shall be preselect by an automatic fire sprinkler system or an equivalent level d safely. C. For Buildings in which any portion of elm Spam is on or above the sixth floor, and lease of the Space Will result, either individually or in combination vith other Govemment Leases in the Bulding, in Me Government leasibe 35,000 or more ANSIMOMA Office Area SF of Spam in Me Building, then the mom Building shall be protected throughout by an autrxnatic fire sprinkler system or an equivalent level d olety. D. Automatic fire sprinkler systems) shall be Installed in am dance with the reguiremmu of NFPA 13, Standard for Me Installation of Sprinkler Systems that vas in effect on Me actual date d installation. E. Automatic fire sginNer system(s) shag be maintained in amadarre With Me requirements of NFPA 25, Standard for Me Inspectlm, TeaMg. and Maintenanm of Water4mu d Fire Protection Systems (current as of the Lease Award Date). F. 'Equivalent level of safety" means an alternative design or system (wluim may InelWe automatic fire sprinkler systems), bard upon fire protection engineering analysis, which aci0eves a level of safely equal to or greater than that provided by automatic fire sprinkler systems. 2.12 FIRE ALARM SYSTEM (SEP =1 3) r A. A Building -vide fire alar system shall be installed in Me entire Building in which any portion of the Spam is located on the V fiber or higher. B. The fire alar system shall be installed in amwdance With Me requremenO of NFPA 72, National Fire Alar and Signaling Code that was in effect on Me actual dale d Insmilatiml. C. The fire alar system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alar and Signaling Code (current as of Me Lame Award Dale). D. The fire alar system shall barvsmit all fire alar signals to Me local fire department via any of Me fdlavarg means_ directly to Me local fire department, to the (911) pudic communications mnlen, to a central station, to a remote supervising station, on to a proprietary supervising statim. E. If the Building's fire slam comml unit is over 25 years did as d the date of award of this Lease, Lessor shall instal a new fire alar system in amordanm with Me requirements of NFPA 72, National Fire Alam and Signaling Code (anent as of Me Lease Award Date), par 10 Government ameptanm and ocmpancy of Me Spam. 3.13 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011) A. The Energy Independence and Sammy Act (EISA) establishes Ota mellowing requirements for Government Leases in Buildings Met have not earned Me ENERGY STARS label mdeffed by Me Environmental Protection Agm o,, (EPA) within ono year prior to the clue dale for final Proposal revisldns Most recent year). B. If this Lame wee awarded under any of EISA's Section 435 statutory, exceptions, the Lessor shall either 1. Earn Me ENERGY STARS Label prior to ameptanm of the Space (w net later Man me year after Me Lease Awant Data do succeeding or superseding Lease); or 2. Complete energy efficiervy and conservation improvements if any, agreed to by Lesson in lieu of earring Me ENERGY STARS Label prior to acceptance of Me Spam for not later Men we year after Me Lame Award Data of a succeeding or superseding Lease). C. If Nis Lease Was awarded to a Building to be Wilt or to a Building predominantly vacant as of Me clue date for final pmposal revisions and was unable to earn We ENERGY STARS label for Me most meant year (as defined above) clue to insuffidenl ommanw, but was able to demonstrate LEASE NO. GS-10P-W(0T462, PAGE 10 LESSOR:_ GOVERNMENT:_ GSA F0RM UO2(05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 54 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 55 of 188 suiTidenl eviclente of capability to earnthe ENERGY STARS label, Olen Lesser must earn Me ENERGY STAR® label wfthin 18 months after ocmpawy by Ne Government. M The Government agrees the redmay completed HVAC modifications meals the tried of 3.138.2 2.14 ELEVATORS (SEP 2013) A. The Lessor shall provide suitable passenger and, when required by Me Gmeremm4 freight elevator service to any d the Primmest mol having ground level acoess. Service shall b, available during Me nomas hours of operation sped in the in has Lease. Hawever, one passenger and, when required by Me Goverment me height Bteyater shell be availmle at all times for Government use. OVhen a height elevator is monim! by Me Government 0 shall be accessible to Me loading areas. When possible, Ma Govemmmt shall be given 244our advance enticed the serim is to be interrupted far mere than 1-12 fours. Normal service intemrption shall be scheduled outside of the Government a normal working Ioms. The Lessor shall also use best e0erts to minimize Me frequency and duration duradedWed interruptions. 8. Coast Elevators shall coelom to Me aarent requirements d Me American Soaey of Me&aniral Engineers ASME A17.1/CSA B44, Safety Code for Elevators and Esralatme (demand as of Me Lease Award Date). Elevators shall be provided with Phase I emegenncy recall operation and Phase II emergency incar operation in aposmance with ASME A17.1/CSA 844. Fire alarm instilling devices (e.g.. smoke deledme) used to instate Phase I emergency retail Warman shall be installed in aorpdanm with Me requirements of NFPA 72, National Fire Alam and Signaling Code. The elevators shall be inmedad aM manteined In adaW with the mmnl edNw W Me ASME A17.2, Inspedoes Manual for Elwalds. Exmpt for the reference M ASME A17.1 MAMAS, SectionF105.2.2, all elevator must meet ABAAS regwremeMs far aaxasiolliry In Sedions 4 W, 408, am 409 &ABAAS. C. Safety Systems: Elevators shall be equipped with telephones or other two-way eme agency mmmumi afire systems. The system used shaft be, marked and shall reach an emegency communicelion dmtion staffed 24 hours per clay, 7 clays perweek. D. aSpeed The passenger elevator shall have a mpadry to transport in 5 minutes 15 pemsnl of Me normal Population a all upper floors (based an 150 SF per person). Further, Me dispatch interval between elevators during Me u"eak demand period shall not exceed 35 seconds. E. Interior Finishes: Elevator tab walls shall be harMsomt, marble, granO6, or an equivalent pre-appreved by Me LCO. Elevator nab floors shall be marble, grnde, denrauo, or an equivalent pre -approved by Me LCO, 3.16 OEM0LITION (38N 2012) The Lessor shall remove wising abandoned Still telephone, and data cabling aro devices, as well as any other improvements or fixtures in place to ad:dnmodale the Government's requirements. Any demolition of edstim improvements Mat is ro emary to satisfy Me Government's layout shall be core at the Lessors egnense. 3.16 ACCESSIBILITY (FEB 2007) The Building, les eed Space, and meas sanshl, Me leased Spare shall be adsssiNe to persons vi h amalmlifies in admdance with Me Andhletlurl Barriers Ad Acoessibili y Standard (ABAAS), AWeMid s C and D h 38 CFR Pad 1191 (ABA Chapters 1 and 2, and Chapter 3 Mmugh 10). To Me extent he slandad referenced in he preceding sentence wri ids with local accessibility requirements, Me mare shingenl shall apply. 3.17 CMUNGS(APR 2016) A complete acoustical ceiling system (whidt includes grid and lay -n tries or other Building standard ceiling system as approved by Me LCO) throughout the Space and Premises shall be required. The acousfidd ceiling system shall be fumishad, instaned, and committed" Win Tls. A. Ceilings shall be at a minimum 9 feet and 0 inches and no more Man 12 fast and 0 Sidles measured from floor to the lowest obeflu tion. Areas vrith riled flooring shall maintain hese ceilinghdght limitatims above Me finished mired floarim. Bulkheads and hinging or surface mounted light fixtures which impede immG ways shall be avoided. Ceilings shall be uniform in door and appearandr MreugloW Me Space, Win rat obvious damage to tiles or grid. B_ Prior to closing Me cotiiing, Me Lessor shall mddinale with the Government for Me installation of any items above in. ceiling. C. Should me ceiling be installed in Me Spec, prior to dmetlaptlon of Me Tls, hen he Lessor shall be responside for all mals In MOW to he disassembly, storage during mnsthdmn, and subs amt re,assembty d my of Me ceiling components istu h may be required to complete Me T1s. The Lessor shall also bear he disk for any damage to the caling or my components thereof during Me mnablwion of he Tis. D. Ceilings shall be a flat plane In Saul room and shall be suspended and finish" as follows unless an alternate equivalent is pe-apprvee by Me LCO: 1. Resbooms. Plastered or spa bled and taped gypsum baa W. 2. Offices and conference moms. Mineral and acoustical file or lay in Panels With textured or patterned sudade and regular edges" an equivalent pts �oved by he LCO. Tiles or panels shall contain a minimum of W%recyded content 3. Con idars and eating/galley areas. plastered or spade ed and taped Minsun based or mineral acoustical his LEASE NO. GS40PiAR974112, PAGE 11 LESSOR: GOVERNMENT: GSA FORM L202 (06115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 55 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 56 of 188 3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 20131 A. Exterior Building daars and dears necessary to the lobbies, common areas, and care areas shall be required. This does not include suite onby or interior doors amu fic to T1s. B. Exterior doors shop be weather tight and shall open mmem. Hinges, ports, aM pins shall be installetl in a manmrvmidt prevents removal "en the door is dose l andlocked. These doors shall have a minimum dearopening of 32' dearwdEe x Ii0' high (per leaf). Doan shall be heavy duty, flush, (1) hallow steel construction, (2) solid rare wide. or (3) insulated tempered glass. As a minimum requirement, hollow steel dopa shall be fully insulated, flush, 916�gauge hdbw steel. Sdidare svnatl tlaes and hollow steel doors shall be at least 1314 inches Kirk Door assemblies shall be of durable finish and shall have an assMeOcally pleasing appearance acceptable to the LCC. The opening Measurements and operagans shall conform to the governing building, fire safety, aocessbility, and energy codes and/or requirements. Fire door awambliaa shall be listed and labeled. Labels on fire door assemblies shall be maintained in a IepNe condition. Fire door assemblies and their accampanrying hardliners, including mimes and dosing devices shall be installed in accordance with the requirements d NFPA W. Standard far Fre Doors and Omer Opening Pmtedives- C Exterior doors and all common area doers; shall have door handles or daor pulls Win heavyweight Whiles. All dean shall have comespoe ing doorstops (wall or floor mounted) and silencers. All public use tlaes and restroom does shall be equipped sigh kick plates. All doors shall have adenatc door closer. All Building exterior doors shall have larhiig devices installed to reasonably deter unauthodzed entry. 3.19 DOORS: IDENTIFICATION (APR 2011) All signage required in common areas unrelated to tenant identification shall be pmWded and installed by the Lessor. 3.20 WINDOAIS(SUCCEEDING)(SEPT 2011) All windows shall be weather fight. Gleanable windows that open shall be equipped with lochs. OR -sheet, ground -level ventlays and Mass accessible from fire escapes, adjacent hoofs, and other sbuctures that can be opened! must be filled with a sturdy bMirg device, Widows is— We Mom fire escapes must be readily operable from me inside of this Building. 3.21 PARTITIONS: GENERAL. (APR 2015) Partitions in public amass shall be marble, granite, hanlwaae. or drywall covered with durable wall covering or high pedomunce orating, or equivalent pre -approved by the LCO. Needy installed gypsum bead material must be Give guard Cdtl Certified or have 0 game Per Ider of VOCs. 3.22 PARTITIONS: PERMANENT (APR 2016) Permanent partitions shall extend from me sbtrotual flow slab to the structure] canned slab. They shell be Provitled by the Lessor as pan of shell rent as necessary to ie nouM me Space, stairs, coendes, elevate shahs, restreens, all columns, and janitor classifies . They shall have a Dame spread rating of 25 or less and a smoke development rating of 450 or less (ASTM E-114). Stairs, elevates, and other floor openings shall be enclosed by partitions and shill have me fire resistance required by me applicable building cotle, fire code and ordinances adopted by me jurisdiction in veNch the Huddng is larate l (such as the International Buildrg Code, etc.) parent as of the Lease Award Date. Needy installed gypsum board material must be Greenguam Gold Certified or have 0 grams per IXer of VOCs. 3.23 INSULATION: THERMAL, ACOUSTIC, AND NVAC(SEP 2013) A. All insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations. B. No insulation installed with this project shall be material manufactured using ahlomfluorocarbaros (CFCs), nor shall CFCs be used in the Installation of me product. C. All insulation containing fibrous materials expoesd to airflow shall be rated for mat exposure or shall be encapsulated. D. Insulabng properties far all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society for Testing and Materials (ASTM) 0578 91. E. All insulation shall od low emitting with not greater man 05 ppm formaldehyde emissions. F. The maomu t flame spread and smoke developed index for insulation shall meet the requirements of the applicable local codes and edinances (current as of the Lease Award Dale) adopted by he jurisdiction in which the Building is located. 3.24 WALL FINISHES— SHELL (SUCCEEDING) (JUN 2012) A. All restitfens Within the Building common areas d Govemmenta pied floors shall have 1) ceramic We. recycled glass We, or comparable wainscot from the finished floor to a minimum height of 4'E" and 2) semigloss paint an remaining wad areas, or other finish approved by the Cdvemmed B. All elevator amas hat access the Space and hallways assessing the Specs shall be covemd v41h wall coverings owl less than 20 ounces per square yard, high performance paid, or an equivalent. C. Wedab shall consist dwater resstant wall base and covenegs. LEASE NO. GS-10P-LAK07482, PAGE 12 LESSOR:_ GOVERNMENT:_ GSA FORM L202 10 6116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 56 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 57 of 188 3.28 PAINTING - SHELL. (JUN 2012) A. no Lessor, shall bear the expense for all panting associated win the Building shell. new areas shall include all cmnmon areas. Exterior perimeter walls and interim etre walls within Me Spars shall be spadled and prime painted with law volatile organic cmnpsunds (VOC) primer If any Building shell areas are already painted prim to Tis, than the Lessor shall repaint, at Me Lessors asperse, as necessary during TIs. B. The mals for cydiol painting requirements as ou0ined In Section 6 shall be induced in Me shell rent. 3.26 FLOORS AND FLOOR LOAD (APR 2018) A. A0 adjoining floor areas shall be of a common level not varying more than 114 indr over a 10 -foot hmizantal run in amomanm with the Amedmn Concrete Institute standards, non -slip, and a¢eptable to the LCO. B. Under-0om surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pourols per ABOA SF plus 20 pounds par ABOA SF for moveable pambons. Storage areas Man have a minimum live load capacity of 100 pounds par ABOA SF, Inducing moveable padNous. Lessor may be required to provide a report by a registered structural engineer shoring the floor load dreary, at Me Lessors expense. Calculations ant shudaral Melange may also be required. 3.27 FLOOR COVERING AND PERIMETERS— SHELL SUCCEEDING) (JUN 2012) A. All Building m mon sloes shall have finished floors, as drrenfly provided. B. The costs fm cydiol doped replacement requirements as outlined in Sedim 6 shall be inducted in Me shell rent unless otherwise identified in Sedion fi_ 3.28 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (MR 2011) The Lessor shall provide and spends all Building equipment and systems in aaadence with applicable tedmldl pubiidlions, manuals, and standard procedures. Mains, lines, and meters for Undw shall be Minded by Me Lessor. Exposed duds, piping, ant conduits are not permitted in oRoe Spam. 3.29 ELECTRICAL (JUN 2012) A. The Lessor all be responsible for meeting the applicable requirements of loll codes ant odinands. When codes conflid, the more stringent standard shall apply. Main samd, bion les shall be emlosed. The enclosure may not be used for storage or other Purposes and shall have door(s) Mtetl with an automatic rescinding m" boll with a minimum throw of 12 inch. Main dahibulion dor standard of" smrpancy shall be provided at the Lessors expense. All floors shat have 120205 V, 3-phase, 4-wtre with bodd, SO hertz electric service available. In no event shall suds Power distribution Moll induditg lighting add HVAC) for the Space fall below 4 watts per ABOA SF. B. Main power distribution switchboards ant disthbullon and lighting Panel boards shaft be arcor breaker type with nipper buses Mal are popery rated to provde the circulated fault analits. All power dishibNion panel boards shall be supplied with separate equipment Bound buses. All power disMbution equipment shell be required to handle Me adua spedtled and projected bads and 10 peront spare (road opacity. Distribubon panels am required to ersammodam andit breakers for Me addl dummied needs ant 10 periled spare darts Mat will be equivalent to Me majorsy of other circuit beakers in the panel system. Freres and arcuit breakers shall be plainly marked or labeled to identify drcoits or equipment supplied Mough Mem. Government accepts the eledro,al panels alis d ossrung spareload knowing; May may not all have extra opacity. C. Convenience outlets shall be installed in accordance with NFPA Standard 70, National FJedridl Code, or Iodl code, whidiever is mare wingenl The Lessor sharp provide duplex W pity ornets in reslrooms, conidwa, and dispensing areas. 3.30 DRINKING FOUNTAINS (MR 2011) On eadt floor of Govemment-ocdgier Sped, Me Lessor shall provide a minimurn of two drinking fountains with dolled potable water "thin 2D) fast of travel from any Gowdy mentomupied area on Me floor The fountains shall comply win Section F211 of Me Andukidunl Barrien Ad Accessibility Standard. 3.31 RESTROOMS(SEP =I 3) A. If this Lease is satisfied by new mnstnWon ormago attentions, Lessor shall provide water assets, arks and unnas on eadi floor that is paNally or hilly ompied by the government per Me following schedule. The sdtedule is par floor and based on a density of one parson for each 135 ABOA SF of Wl Space, allocated as 50%wromen ant 50%men. If major alemtiam3 b Me restmms s r dung Me term W Mis Lease, Me number of figures must meet Me sdmdule as pad of the maim aflen8ons. ESTIMATEDTOTILL (WOMEN'S) (WOMEN'S) (MEN'S) (MEN'S) (MEN'S) NUMBER OF WATER SINKS WATER URINALS SINKS PEOPLE PER CLOSETS CLOSETS FLOOR 1 to S 2 1 1 1 1 9 to 34 3 2 2 1 1 26 to J. ] 2 2 1 2 LEASE NO. GS -10P LAKI17482, PAGE 13 LESSOR: GOVERNMENT: GSA FORM L202 (05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 57 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 58 of 188 3] ro 66 6 3 3 2 2 67 10 7 6 4 4 2 2 7i Naga 6 6 4 2 3 /7 ro 118 7 f 6 1 2 2 120 I to I 124 6 5 1B 3 4 Above 136 2/40 1124 1120 1140 tM0 B. H no naw com mumon or major renovation of a headroom is oxuning, compliance with local code is sufficient. Separate reslroan facilities fur men and women shall be provided in accordance with local code or ordinances, an each floor occupied by the Govemment in the Buldmi, The facilities snail ba lac w 1hM employees will not be required da bevel more wn 200 feel m one floor la reach the mg s. Eachrestroom shall have sufficient water closets enclosed With modem stall partisans and dorm, urinals fn men's room), and bol (set in accordance Wim applicable Wilding codes) and cold water. Water closets and urinals shall nor be visible when the exterior door is open. C. Each main restrogm shall contain the following: 1. A minor and shell above the lavatory. 2. A toilet paper dispenser in each water closet stall that will hold at least won hills and allow easy, unrestricted dispensiig. 3. A coat hook on me inside face of Me door to each water closed Mall and on several wall locations by the levam as. 4. At least one modem Paper towel dispenser, soap dspenes , and waste receptacle for every tam lavatories. 5. A coin-operated sanitary nopkin dispenser in women's reslrooms with a waste romplade in each water closel Mall. 6. A dispersals tadet seat cover dispenser - 7. A counter area of at least 2 feet, 0 inches in length, ezctusme, of the lavatories (however, it may be abarhad to Me lavatories) with a mirror above and a ground.fauR Intemrpter-type convenience owlet located adjacent to the counter area. The counter should be installed to minimize poling or spilling of water at the front edge. 6. A floor drain. 9. For new installations and major renovations, redrawn parlNons shall be made from recovered materials as listed in EPA's CPG. 2.32 PLUMBING FIXTURES: WATER CONSERVATION (DEC 2011) For new mitigations and whenever plumbing fixtures are being replaced (replacement per floor is required prior to Lease commencement in all instances of nonconfomance Where the Govamment occupies Uta full floor): A. Water closets must conform to EPA WaterSense or fixtures with equivalent flush volumes mug be Valued. B. Urinals mug conform to EPA Water -Sense orfizluma v41h equtvalem flush volumes must be ulinoul Waterless uinMs ere acceptable. C. Faucets must conform to EPA Water -Sense or figures with equivalent Mow rates must be utilized. Infonnaton on EPA WMerSense futures can be found at Imp :/Aw.w.spot .IpvAvalereensel. 3.33 JANITOR CLOSETS(SUCCEEDING)(JUN "12) Existing janitor daubs shall meet all local codes and unbalances. Disposal is not permitted in restroams. 3.34 HEATING VENTILATION AND MR CONDITIONING –SHELL(SEP 20131 A. Cental HVAC systems shall be Installed and operabonel, inducting, as appropriate, main and branch lines. VAV bones, dampers, flex ducts. and diffusers, farm open office layout, including all Budding common areas. The Lessor shall povide cortditicae l air through medium pressure dud work at a rate of 75 orbic feet par minute per ABOA SF aM systems shall be designed with suNtdent systems capacity to meet all requirements In this Lease. B. Areas having excessive heat gain or heat lass, or affected by solar radiation at different times of Me clay, shall be itldependerltty, controlled. C. Equipment Performance . Temperature cental for effme Spaces shall be provided by concealed rarmal heating and air conditioning equipment. The equipment shall maintain Spam temperature conlyd over a range of internal load fluctuations of plus 05 W/SF to minus 1.5 W/SF nom initial design an uimments of the tenant D. DuchvodiReese a d Cleanino. Any dudwwk to be mused aMl m rembn kr place shall be dean, tested, aW demengmwd dobe dean in accordance with the standards set forth by NADCA. The Meaning. testing, and demonstration shall mar immediately prior to Gmamment occupancy to avad contamination Visa consWctim dust antl other anCmne paromiates_ E. During w rlurg hoursin periods of heating and cooling, vm0lation shall be provided in ammdame with the latest edition of Amencon Society of Heating, Refrigeration and Air-Coregomng Engineers (ASHRAE) Stenctard 62.1, Ventilation for Acceptable Indoor Air Quality. F. AV filtration shall be provided and maintained with fibers having a minimum efficiency, reYrg as determined by the latest edition of ASHRAE Standard 52.2. Methad of Testing General Ventilation Air Cleaning Devices for Removal El6clency by Panicle Size. Pre-fiflers shall haw a Minimum Efficiency Reporting Value (MERV) eRidency of B. Final filters shall have a MERV efficiency of 13. G. Heirlooms shall be Properly eztuusleU, With a minimus of 10 air changes per hour LEASE NO. GS-IOP-1-AK074112, PAGE 14 LESSOR:—GOVERNMENT: GSA FORM L202(06/16) Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 58 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 59 of 188 3.56 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (SUCCEEDING) (SEPT 2011) Telecommunications aotldl downs, vire dosds, ash related spaces shall meet applimble NFPA Standards. Brushing and grumbling shall be in awnrdance v41h NFPA Standard 70, National EleNiral Cole, and other aplNicatte NFPA standards andfor local cotle requirements 3.36 TELECOMMUNICATIONS: LOCALEXCHANGEACCESS(JUN 2012) A. no Govemmerd may Ned to contract its own telemmmusimtions hence, dale, video, Internet or rusher emerging technologies) service in Ole Spam. The Government may centrad With one or mora parties to have INS widng ho other manamissim medium) and telemmmurintions equipment installed. B. no Lessor shall allow Na Governments designated Ielecanmwtmtias, providers access to utilise existing Building string to mooed to Sonoma to the Govemmards Spam. H the elating Building wiring is inuufident to handle the transmission requirements of Me Government's designated telemmmuncations providers, Me Lessor shall provide access horn M4 point a entry into the Building to Me Gruvermnentb floor Space, subject to any inherent limitations n Me pathway involved. G no Lessor shall allow Me Government's designated toiecwnmwkcetians providers to affix telemmmunicetims antennas (high frequency, mobile, microwave. Satellite, or other emerging technologies), subject W SeigM and wind Intl mshitions, to mcf, Parapet, or Building envelope as required. Amoss from Me antennas to the Premises shall be Provided. D. The Lessor shall allow the Govammmt'e designated telemmmonimtims providers to affix antennas ash transmission devices Imoughml Me Spam and in appropriate common areas frequented by Me GovemmeM's employees to allow the use of milidar telem ones ash communications, devices necessary, to conduct business. 3.57 LIGHTING: INTERIOR AND PARKING- SHELL (SUCCEEDING) (SEP 2013) NOTE FOR PRICING ESTIMATING PURPOSES, FIXTURES WALL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER SO ABOA SF. A. INTERIOR FIXTURES: High efficiency T-0, TS, a LEO light fixtures (ash associated ballasts or drivers) shall be Installed as either celing grid or po�M moused for an WenaMce Man. Casing grid fixtures shall be eiMe 2'v de by 4' long ort' wide by 2' brg. Lessorshall provide, aS parta Shall Ren( a minimum overall lighting fixture effideri st B5 percent. Letups shall malmain a info color level thdonghom the lease tem,. Extsting lighting meets Govemmenfs needs. B. LIGHTING LEVELS: Fixtures shall have a minimum of ha tubas and shall Provide 50 foutrashles at desklop level (30' above finished floor) vv M a maximum undomity ratio of 1.51. Lescor shall provide, as Part of Shell Rem. 10 average fort- roles in a0 other Buildrg areas within Ma Promises v4M a uni ormity retio M 4:1. Emergency egress lighting levels shall be provided in amomance with Me local applicable building moss (but not less Man 1 fruotiashle) by either an Write MoMeny generator or future mounted battery parks. C. POWER DENSITY: The maximum fixture power density shall not exceed 1.4 Sams per ABOA SF. D. DAYLIGHONG CONTROLS: If Ire Lease is more than IBM ABOA SF, Me Lesser shall provide daylight dimming control in arms or whin 15 fast of vm,dows ash Skylights where daylight mn contribute to energy savings. Daylight harvesting sensing ash cords shall be either integral to the fixtures or ceiling mounted and shall maintain required lighting levels in wwk spaces. E. OCCUPANCYNACANCY SENSORS: The Lessor shall provide ceiling mount o upadW sensors, or vacancy, sensors Usedeved), or scheduling mnlrols through Om Wilding aulana ion system (BAS) Mmughoul Me Spam in order to rectum Me hours that the lights a s on often a particular space is uncmupied. No more Man 1,000 square feet shall be metro letl by any me sensor. Owvpancy sensors in endosed moms shall continue to operate after Me BAS has shutowen Me building at Me ebl of the workday. F. BUILDING PERIMETER: 1. Exterior parking areas, "hide driveways, pedestrian valls, ash the Building perimeler lighting lauds shall be designed per Illuminating Engineering Society (IES) standards. Provide 5 fodtcarMes for doorway areas, 3 tcotrani far transition areas and at least 5 fmtrandes throughout the panting la. Paling lot fixtums shall provide a maximum to minimum uniformity ratio M 10:1. 2. H Me leased spam Is 100 percent o pied by Gaid mmert tenants, all exterior padpng la fixtures shall be -Oar, Sky' mmpliet with no propety line trespass. G. EXTERIOR POWER BACKUP: Exterior egress, walkway. Parking lot, and parking structum lighting must have emegeM paver backup to provide ler safe evacuation M Me Building. 3.38 ACOUSTICAL REQUIREMENTS (JUN 20121 A. ReveNeration Control Private office ash conference roams using suspended acousbml ceilings shall have a noise reduction coeffinmt (NRC) a not less Man 0.65 in aomalance with ASTM C423. Open office using suspended acouaticol ceilings shell have an NRC of not less than 0.75. Privele offices, mntereore mans, and Wm offices using amustiml doW oracoustiml wall panels wiM a minimum of 70% coverage shah have an NRC st rustless Man 085. B. Ambient Noise Control Ambient mise Man merhenical equipment shall not exceed noise witeds curve (NC) 35 in amondance with Me ASHRAE Handbook of Fundamentals In ff. and conference mans; NC 40 in corridors, miseries, IMMes, and restdoans; NC 50 in other stems. LEASE NO. GS-I0P4LAK01482, PAG E 15 LESSOR:_ GOVERNMENT:_ GSA FORM L202(06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 59 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 60 of 188 G Noise Isolation. Rowes separatetl from adjacent spaces by ceiling high partitions (not inducing clears) shall not be less than the following noise isetation pass (NIC) standards when tested in amomance with ASTM E-336_ Conferenceroans: NIC40 Offices: NIC35 0. Testing. The LOO may require, at Lessor's espense, test reports by a qualified acoustical consultant showing Nat acoustical requirements have been met. E. Current office conditions meet awustical requirements. 3.39 INDOOR PIR QUALITY DURING CONSTRUCTION (SEP 2013) A. The Lessor shall provide to the Goverment material safety data sheets (MSDS) or Other appropriate comments upon request, but prior to installation or use for Me following products, inducing but net limited to, adhesives, wulling, sealants, insulating materials, firepapiefing or fire stepping materials, pants, carpets, floor and wall patching or leveling materials, IUMcenls, dear finishes for wood surfaces, janitorial cleaning Products, and pest control products. B. The LCO may eliminate fon consideration products win significant quan90es of tone, flammable, corrosive, or care nogenic material and pmduds with potential for M=Ml dremiwl emissions. Materials used often or m large quantities will receive the greatest amount ofreview C. All MSDS shall complywith Odsmabonal Safety and Heaflh Administration(OSHA)mquirements. The Lessor and its agents shall comply with all recommended measures in the MSDS to protect Me health and safety of personnel. ❑. To the greatest extent possible, Me Lessor shall sequence the installation of finish materials so that materials Nat are high emitters of volatile organic compounds (VOCs) are installed and allowed to dam before installing interior finish materials, especially soft materials that are woven. fibrous, or porus in nalum, that may adsorb contaminants and release them over are E. Where demolition or construction wok ocnrs adjacent to odsined Space, Me Lessor shall ered appropriate barriers (noise, dust, odor, etc) and take necessary steps to minimize interference win the ocemants. This includes maintaining acceptable temperature, humidity, and ventilation in the omipied areas during window removal, window replacement, or similar types of wank. F. HVAC during Construction'. If air handlers are used during constmctlon, Me Lessor shall provide filtration media with a MERV Of 6 at each return air grill, as determined by the latest edition uFASHRAE Standard! 52.2, Method of Testing General Ventilation Air Cleaning Devices for Removal Elfide lcy by Particle Size. The Permanent HVAC system may be wed to move both supply and return air during Me constmdion process only it the following conditions are met: 1. A complete ar filtration system with 60 percent efficiency filters is installed and property maintained, 2. No pemnanent di f rsers are used, 3. NO plenum type return air system is employed, 4. The HVAC dud system is adequately sealed to prevent the spread ofamount, particulate and other contaminants. and 5. Fallowing the Building 'flush nit' all dud systems am vacuumed Win portable high-eRidency pediculate anestdlce (HEPA) vacuums and documented clean in acwNance with Nabonal Air Dud Cleaners Assodamon (NADCA) spedfications. G. Flush -Out Procedure: 1. A final flush-oot period of 72 Mum minimum is required after installation of all interior finishes and before occupancy of the Space. The Lessor shall ventilate 24 hours a day, with new filtration media at 100%outdoor air (e manmun nuclear air while achieving a relative hunidity not greater than 60%). 2. After the 3 -day period the Space may be onupied. however, the nushoul must continue for 30 clays using the manmen pemxntage of outdoor air consistent Win achieving thermal comfort and humidity control. 3. Any deviation from this ven0labn plan must be approved by Me LCO. 4. The Lessor is required to provide regularly occupied areas of the Space Win new air filtraMn media before ocdcopancy that povides a MERV of 13 or better. 5. During ranstewon, meet or ascee! the recommended design appmadles d the Sheet Metal and Air Conditioning National Cootmdors Animation (SMACNA) IAO Guideline for Ownpied Buildings Under Construction, 1995, Chapter 3. 6. Protect sfwed onsite and installed abwrptem materials fon mdsture damage. 3.40 SYSTEMS COMMISSIONING (APR 2011) The Lessor shall incomorate commissioning requirements to verify that the installation and pedonance of energy consenting systems meet me Government a project requirements. The commissioning shall cover only work assoclaled with The or alterations or at a minimum: hearing, ventilating. air conditioning and refrigeration (HVACSR) systems and associated controls, lighting controls, and domestic Mt water systems. LEASE NO. GS-11OP-LAK07462, PAGE 1S LESSOR:_ GOVERNMENT: GSA FORM UO2 (06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 60 of 188 F -,TO `�,1iAX!jE:IM--- M Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 61 of 188 2.41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS — LEASE(SEP 2014) A. Environmental Due Diligence Lesser is responsible for performing all necessary'msponse- adions (as that lean is defined at 42 US. C. § 9601(25) of the Comprehensive Environmental Response, Compensation and Liatolity Ad (CERCLA)) with regard to of'redgnized envirenmental mndilions,-as that term is defined in ASTM Standard El 527-13. as suds standard may be revised from time to time. This obligation eAends to any contamination of the Property where suds contamination is ml andbutable to the Government. Lessor must stands the Government win a summary eased demonstrating completion of all required response adims poor a Substantial Complet m. Any remediation pandered by or on behalf of Lessor must be undertaken in shed compliance with all applicable federal, state and local laws and regulations. R. National Environmental Policy Ad The National Environmental Polity Ad regulations provide for analyzing proposed major federal adieus to determine if there are ways to mitigate the - impart of the proposed anions to avid, minimize, redity, rectum, or compensate for environmental impads marxmted with such anions Where Me Government has determined that any or all of these mitigation measures should be or must be adopted to lesson the impad of these Proposed adjusts, Lessor must incorporate all mitigation measures identified and adopted by the Gowmment in the design and construction drawings and spedfications. All casts and eVenses for development of tlesign alternatives, mitigation measures and review submittals for work to be performed under the Lease are the sole responsibility of Lesser LEASE NO. GS-10P-LA1,101482, PAGE tT LESSOR:_ GOVERNMENT: GSA FORM L202 105116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 61 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 62 of 188 SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES 4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY ISUCCEEDING)(MAY 20181 to this Lease is substantially mplele. A. The Government shall acme the Spam only if the mustmc ion of Building shell and Tis conformingm a Certificate of Occupancy, (C of 0) has been issued as set form below and Me Building improvements nerassay for aomptanm as assorted in the paragraph 'Building; improvements are completed. B. The Space shall be considered substantially complete only if the Spam may be used for its intended purpose and completion of remaining work vall not interfere uaeasmably wiM Ne Govemmenifs enjoyment afNa Spam. Aomplarm andl be final and binding upon the Govemment with nsped to the mmple8on of Me TIs, wiM Me exsepltm of items identified an a purnh list generated as a result of Me impend oh, concealed mndigons, latent dMeAs, or baud, but shall Int relieve Me Lessor of any other Lease requirements. C. The Lessor shall provide a valid C of O, issued by Me tocol jaiadidion, for the intended use of Me Government If Me local ft nsi iction does not issue C of O's ce N Me C of O is not aysilaNe, the Lessor may sefisfy this condition by providing a report prepared by a limnsed fire protection engineer that indimtes Me Spam and Building am compliant with all applimble local codes and adinanms and all fire proledim and life safay- retated requirements of this Lease. D. At acceptance, the Lease Iron shall mmmerim and the Lease Term Canmenoemenl Dale shall be memorialized by Lease Amendment. E. The Government will not be required to arm pt spam prior to Me schedule ou rimed in this Loam_ 4.02 AS -BUILT DRAWINGS(JUN 2012) Not later than 180 days after Me m ceptanca a Me Spam, Me Lessor shall furnish to the Government a mmplele set of Computer Aided Design (CAD) files of Me original consbudion drawings Moving Me Spam under Lease, as well as corridors, stairways, and care areas at no met Ion the Government The plans shell have been generated by a CAD program wflidr is compalms vdM Me latest release of AutoCAD. The required file extension is -.DWG' Clean and purged files shall be submitted an CD-ROM. They shall be labeled wilt Building name, address, list of drawmtl dale of Me Mani ng(a), and Lemons anirited and archiledS phone number. As4ouilt plans shall be provided in Portable Doamenl Format (pan files. Clean amt purged files shall be submitted on CDROM. May shall be labeled Win Building name, address, list of dr4wirg(s), data of Me drowirgls), and LessWs amMitecl and arMitecfs phare mode.. The Le55&5 operator shall demauNate the submission on GSA equipment it requested by Me LCO. LEASE NO. 05-00P-1-AN07482, PAGE 18 LESSOR: _ GOVERNMENT: GSA FORM L202 (0 5116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 62 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 63 of 188 SECTIONS TENANT IMPROVEMENT COMPONENTS 6.01 TENANT IMPROVEMENT REQUIREMENTS ISEP 2013) The Tis shall be designed, constructed, and maintained in amerdarm with the standards set forth in this Lease. For pricing, only those requirements designated as Tis within Nis sector, or designated m Th, within the attached agency requirements and Security Requirements, shall be tleemed N be Tl costs. 5.02 ODORS: INTERIOR (SUCCEEDING) (SEP 20131 The fdloxing requirements pertain to repair or replacement due to mainterurm or alterations performed Iheugloul Ne term of the Leas: Doors within the Spam shall Da previded as pad of the TIs and shall have a minimus dear opening m 32' wide x 50" high- Doors shall be flush, solid cure, vmod wtN a mtuml woad veneer fam m an equivalent door pre-appo by Uw LCO. H011aw core wand doom areml acceptable. They shall be operable vnN a single eMst, and shall meet the requirements of NFPA 101, Life Safety Cade a the International Building Cade (cement as of the Leas Award Dala) Doers shall be Installed in a metal hams assembly whirls is Aimed antl finished vAN a lea VOC semigloss abbasetl paint v M no formaldehyde. 9.03 MORS: HARDWARE (SUCCEEDING) (SEP 20131 The following requirements pertain to repair or replammen dm to maintenance or alterations performed NmugMN Ne tern of Ne Leas: Dears shall have door handle. or door Nils with heavyweight hinges. The Lessor is ezmreged to avoid the use of duoite-plaletl haniviae. All doors shall have mrespon6rg doorstops (wall- or floormmnled) and silencers. All door entrances leading into Ne Spam fon Wblic corridors and exterior doom shall have automatic door losers. Doors designated by the Government shall be equipped with Spin, lunbler Blinder locks and strike plates. All locks shall be master keyed_ Furnish as least Mm master keys for earn Iork to Ne Government Any extenor entrance shall have a high semmy lock, si th appropriate key control procedures, as determined by Government specifimti0nv. Hinge pins and hasps shall be secured against uneulhonzed removal by using spot svelds or pinned mmntirg looks. The exterior side of Ne tlmr shall have a lock guard or astragal to prevent tampering of the latch hardware. Doors us" for egress only shall not have any opersbla exterior hardware. All semnty4oddN arrangements or doors used for egress shall comply with requirements of NFPA 101" the International Building Coda mired as of the Lease Award Date. 6.00 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEP 2013) The follw rg requirements pertain to repair or replacement due to maintenance or alterations; performed threughord the lam of Ne Leas: A. Office subdividing pamtions shall comply with applimble building codes and local requirements and ordinates shall be provided as pan of the Tis. Partitioning shall extend hen the finished floor to Ne finished calling and shall be designed to provide a minimun sound transmission dans (STC) of 37. They shall have aflame spread rating 025 or less and a smoke development rating of 4W "less (ASTM E-541. B. HVAC shall be rebalanced and lighting repositioned, as appropriate, akar installation of partitions. C.. If installed in amoNance with Ne'Aulanalie Fire SpnnMer System' and'Fim Alam System' paragraphs, sprinklers antl fim alarm notification appliances shall be repositi0n id as appropriate after installation of partitions to maintain the level of fire protectim and Ike safety. 6.05 WALL FINISHES (JUN 2012) It the Government drmses to install a wall covering, Ne minimum standard is vmyliree, Mlanne-free, plasticizer -teal wall mvenrg vnN mryded content or No4 wd mmmadal wall my M weighing ort less Nan 13 oozes per square yard or equivalent II the Govenmenl dwous to install a hig"erformeze paint coaling, it shall comply with the VOC limits of Ne Green Seal Standard GS -11, 5.09 MINTING —TI(SEP 2013) A. Prior to aomptaze, all surfams within the Spam which are designated by GSA for painting shag be newly, finished in mlors acceptable m the Government B. The Lessor shall provide interior paints and matings that meet or are equivalent to Ne following standards for VOC off gassing- L Topcoat pants: Green Seal Standard GS -11, Palms, First Edtior. May 20, 1993, 2. All other ardsteduel matings, primers, and undermats: South Coast Air Quality Management District (SCAOMD) Rule 1113, Arclasduml Coatings, ekedive January 1, 2004. 3. Annotated" paints, matings, and pruners applied to interior walls and ceilings: a. Flats: SO prams per Tiler (DA.). b. Non4lau:150gf-. 4. Antl<ormsive and anti -rust painb applied to interior famous metal substrates_ 250 gfL. S. Clear wood finishes: a. VanM M 350 gfL. b. Lecquer550g11.. S. Floormzticos:100gfL. 7 Seale.: LEASE NO. GS-10P-LAN07482, PAGE 19 LESSOR: GOVERNMENT: GSA FORM L202 (05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 63 of 188 AGENDA ITEM #13.6.1. a. Waterpreics, sealers: 250 gIL b. Sanding sealers: 275 g&. c. All cher sealers: 200 gIL Shellacs: Heavy a. Clear 730 grL. b. Pigmented: 550 gf- Stains:250 gIL C. Use reprocessed latex paint in aaurdance with EPAb CPG (Conprehmsive Procurement Guidelines) on all painted surfaces where feasible. The type of paint shall be accepleble to Me Government 5.07 FLOOR COVERINGS AND PEMMETERS(MR 2015) A. Broadloom carpel or carpet files shall meet the requirements set form in the spedOrabons below. Floor perimeters at panifi0os shall have wood, rubber, vinyl, orcarpel have. Floor eavedng shall be installed in acro dance with manufacturing instructors to lay smoothly and evenly. S. The use uf adding carpet may be approved by the Gmemment; tavever, existing comet shall be repeated, statrMed, and deaned before occupancy and shall meet the static buildup requirement as staled in Me specifications belm. C. Any alternate feeling shall be pre -approved by the Government M SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED 1. PmdWswtWnabhalmauir=wW. In odor to adlieve wpedor pedamance in mu ple ern mmenlal ambute meas, carpel must have third pend cadilleation in accordance w m ANSVNSF 1402007e Sustainable Carpel Assessment Standard at a'Gold' level minimum. Camel manufacturer must supply certificate as pan of me prowrement documentation. 2. Receded contend: Reryded content is measured by total preMrd weight of pre -consenter andfor postconsumer materials. Racyded m tend must bB et least 1096 ppsbcenwmermcevemd content. 3. Low emiMw materials. The camet and gear adhesive (for glue -0 histalbtioms) most meet the Green Label Plus (GLP) and floor adhesive (for direct glue dove) requirements of Me Carnet and Rug Institute (CRI. GLP member must be provided! Adhesives must meal VOC content standards per South Coast Air Duality Management District Rule 111188. 4. Face fiber content. Face yam must be 100 percentnylon fiber. Loop Pile shall be 100 percend Bulk Continuous Filament (BCF); out and bap shat be 100 percent BCF forthe loop padion and may be BCF orstaple forthe wt paten; "pile carpet shall he staple ar BCF. 5. Performance requirements for bmadloom and modular file. . 51abc Less Man or equal m 3.5 kV whm tested by AATCC Test Method 134 (Step Test Option). b. Flammability: Meets CPSC-FF-1-70. DOC -FF -1-70 Melndeamine Tarda Test ontena. c Flooring Radiant Panel Test: Missile NFPA 253 Class I tell depending upon ocapanry and fire code when tested under ASTM E6411far glue dose installation. I . Smoke Dmsily: NBSSmoke Chamber-Leasthan4WFlaming ModewhmlesledunderASTMEb . NOTE: Testing must be performed in a NVLAP aec edited laboratory. Tectum Appearance Retention Retire FTARRI. Comet must meet TARR rafinps speafied below, Space Definition Ttelfic Classification TARR Classdmation Private Offices Mnderele 23OTARR Training, conference, cou hares, etc. Heavy 23OTARR Open Office, cafeteria, corridors, lobbies Severe 235TARR The camel must be evaluated usual ASTM 0-5252 Hexapod Drum Test as per Me commercial carpet test procedure and Me TARR classification determined using ASTM 0-7330. • 7. Carnet reclamation. Reclamation of existing camet to be determined vriM potential vendor. When commit is replaced, submit cenificatim documentation ban the melioration reality to Me LCO. B. WWNaNVvnt. Submit a ropy of Me manufacturers standard warranty to Me LCO whom Me find BO days a Government occupancy The Government is to be a benefidary of Me terms of this warranty. LEASE NO. GS•10P•LAK07492, PAGE 20 LESSOR:_ GOVERNMENT:_ GSA FORM UO2(06I16) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 64 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 65 of 188 6.09 HEATING AND AIR CONDITIONING (SUCCEEDING) (JUN 2012) The following requirements perish to repair or replacement due to maintenance or elevations; performed throughout the to= of the Lease: Zone Control. Provide individual thermostat control for office Space with conlml areas not to exceed 1,500 ABOA SF. Interior spaces must be separately zoned. Specially occupancies (conference rooms, kitchens, etc) must have active mMrels capable of sensing Space use and modulating HVAC system in response to Space demand. Areas that notionally have extended hours of operation shall be environmentally controlled through dedicated heating and air conditioning equipment. Special purpose areas (so& as photocopy centers, large conference rooms, computer moms, eta) with an internal cooling load in excess of 5 tons shall be independently controlled. Provide concealed bandage air conditioning equipment to meet localized spot coding of tenant special equipment. 6.09 ELECTRICAL: DISTRIBUTION (SUCCEEDING) (JUN 20121 The following requirements perain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease: A. All electrical outlets shall be installed in accordance with NFPA Standard 70. H. All outlets within the Space shall be marled and coded for ease of wire trading, outlets shall be andided separately from lighting. All floor outlets shall be flush with the plane of the finished floor Outlet roverrolors shall be coordinatedwith partition finish selections. C. The Lesser shall in all rases safely conceal outlets and associated mining (for elecldcity, voice, and data) to Me workstalionls) in partitions, ceiling plenums, in recessed floor duds, under raised flaonng, or by use of a method acceptable to the Government. 6.10 LIGHTING: INTERIOR AND PARKI NG— TL(SUCCEEDING)(SEP 2012) The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease: A. FD(TURES-. The Lessor shall provide interior lighting to comply with requirements under the paragraph. -lighting: Interior and Parking — Shell (Succeeding" B. BUILDING PERIMETER: There may be additional requirements for lighting in exterior parking areas, vehicle driveways, pedeslnan walkways, and Building perimeter in the Security Requirements attached to this Lease. LEASE NO. GS-10P-LAxffum; PAGE 21 LESSOR: _ GOVERNMENT: GSA FORM UO2 105116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 65 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 66 of 188 SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM 6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (JUN 2012) A. The Government's normal hours of operations am established as 6:00 AM to 6:00 PM, seven (7) days a week. Services, maintenance, and utilities shall be previded during these hours. The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, inducting the use, during other than normal hours, of necessary services and utilities suds as elevators, restroems, lights, and electric power. Cleaning shall be performed during normal hours. B. The Lessor and the Less is representatives, employees and contractors shall demonstrate a cooperative, positive, welcoming, respectful, professional and business41ke Demeanor and shall present a neat, clean, job-appmpnate preternatural) appearance. 6.02 UTILIMES(APR 2011) The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as pad of the rental musidembon. 6.01 UTILITY CONSUMPTION REPORTING (JUN 2012) Upon request fon the Lease Contracting Officer or Contading Office's Representative, the Lessor shall provide regular quarterly reports of the amount of all utilities consumed at the Building in monthly detail for the duration of Ne Lease. These millions must be provided within 45 days of Ne end of eadi quarterly period and shall be in either written or electronic form, as requested by Me Govemment The reports shall contain Rte number of actual units consumed. It repons are available detailing only the Government's cansump0on, then the reports shall be limited solely to Ne Government's consumption. Additionally, said reports shall indicate, for each Utility being reported, the use of Ne operate utility For example. eledndty consumption shall indicate if it includes heating or air mnditioning, and if m, wfietherjust diffusers or diffusers and heating are included in dedddly mnsumplion. 6.04 HEATING AND MR CONDITIONING (SEP 2014) A. In all office areas, temperatures shall mnfe= to local commercial equivalent temperature levels and operating practims in order to maximize tenant satisfaction. These temperatures shall be maintained throughout Ne leased! Premises and samm areas, regardless of outside temperatures, during the hours of operation sped in the Lease. The Lessor shall perform any necessary systems startup required to meet the mmmerdally equivalent temperature levels poor to the first hour of eadi day's opeation. At all times, humidity shall be maintained below 60% relative humidity B. Owing non -working hours, heating temperatures shall the set no higher than 55' Fahrenheit, and air conditioning shall not be provided exmpl as necessary to return Space temperatures to a suitable level for the beginning of warldng hours. G Thermal comfort. During all working hours, ccrsply with the latest ni ition of ASHRAE Standard 55, Thermal Condon Conditions for Human Ocmpan y. D. Warehouse orgarage areas require heating and ventilation only. Cooling of this Space is not required. Temperature m warehouse or garage areas shall be maintained at a minimus of 50' Fahrenheit. E. The Lessor shall mndud HVAC system balancing after any HVAC system Members during the teen of the Lease and shall make a reasonable attempt to schedule major construction outside of othm hours. F. Normal HVAC systems' maintenance shall not disrupt tenant operations. G. 97 ABOA SF of the Premises shall receive cooling at all limes (24 his a clay, 365 days a year) for purposes of coding the designated server room (Room 133). The temperature of this room shall be maintained at no greater Nan 75 degrees F (prom ed is S6 degrees), regardless of outside temperature or seasonal changes. The 24 hours moling serum shall be provided by the Lessor as pan or the Operating Costs Base. Notwithslarding Me foregoing, Lessor Mail provide this service at no additional cost to his Govemment. 6.06 JANITORIAL SERVICES (JUN 2012) The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine aazss in a dean condition and shall provide supplies and equipment for the term of Ne Lease. The following scheduler describes the level of cervices intended. Perfonnarm, will be based on the LCO's evaluation of results, not the frequency or method of performance. A. Daily. Empty Rash remplades. Sweep entrances, lobbies, and othems. Spot sweep fioors, and spat vamum carpets. Clean drinking fountains. Sweep and damp mop or some restrooms. Clean all reshaam fixtures, and replenish restroom supplies. Dispose of all tash and garbage generated in or about the Building. Wash inside and awl or steam dean cans used for collection of food remnants tram macd bars and vending machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient fioors in main condors, entrances, and lobbies. Clean elevators and escalators. Remove carpet stains. Polio sidewalks, parking areas, and driveways. Sweep leading dodr areas and platforms. Clean glass entry dors to the Spam. B. Three limes a week. Sweep or vaximm stairs. C. Weekly. Damp mop and spray buff all resilient flors in torments; and health units. Sweep sidewalks, parking areas, and driveways (wealher perm ting) LEASE NO. GS-I0P-LAN07482, PAGE 22 LESSOR: GOVERNMENT: _ GSA FORM UO2 (06115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 66 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 67 of 188 D. Every N weeks. Spray buff resilient floors in secondary mmdurs, enhance, and lobbies. Damp mop and spay buff ham and resilient Homs in office Space. E. Monthly Thoroughly dust furniture. Completely sweep and/or vacuum carpets. Sweep storage Space. Spot dean all wall surfaces within 70 intoes of Me floor. F. Every two months. Damp wipe restman wastepaper mosmades, stall partitions. doors, window sills, ant frames. Shampoo entrance and elevator carpels. G. Three times a year. Dust call surfaces Within 70 inches of the flmr, vemcal surfaces and under surfaces. Clean metal and marble surfaces in shotes. Wet mop or scrub garages. H. Two, a Year. Wash all interior and eNerior windows and other glass surfaces. Ship and apply far mats of finish to resilient flows in reshoans. Ship and refinish main corridors and other heavy traffic areas. I. Ani. Wash all venetian blinds, and dust 6 months horn washing. Vacuo n or dust all sudaces in Me Budding more Nan 70 indms own Me floor, Including light (alums. Vadum all draperies in place. Strip add refinish goals in offices and secondary, lobbies and conidons. SM1amp. carpets in mmdors and lobbies. Clean balconies, ledges, muds, meaways, and flat mats. J. Every hum Wears_ Shampm carpels in ell oMces and other nonyubls amts. K As required. Pmpedy maintain plants and (awns. Provide initial supply, installation, and replacement of light bugs, tubes, ballasts, and stadem. Provide and empty exledor ash cans and dean area of any discardetl cigarette butts. L. Pest control Control pests as appropriate, using Integrated Pest Management techniques, as apexed in the GSA Environmental Management Integrated Past ManagementTedmique Guide (E402A001). 6.06 SELECTION OF CLEANING PRODUCTS (MR 2015) The Lessor shall use cleaning produce (including general purpose deadens, floor cleaners, hand soap, etc.) that comply vim either Me Green Seal standam, the ULIEmLogo standam, EPA's Design far Me Environment (DIE) designation, or a substitute acceptable to Me LCO. Hand soap products shall also be USDA Caddied! BSPreferred. 6.07 SELECTION OF PAPER PRODUCTS (APR 20161 The Lessor shall seed paper and paper products (e.g-, reshown tissue and paper towels) conforming to the Green Seal Standard! (GS -1), or a substitute acceptable to the LCO. 6.08 SNOW REMOVAL (MR 2011) Lessor shall provide scow removal services for Me Government on all days for ymW this Lease has designatetl normal hours. Lessor shall dear parking lots if the mxuddlation of s son, exceeds two inches. Lessor shall dear sidewalks, walkways and other entrances before accumulation exceeds 1.5 MC ms. The draw removal shall lake place nor later Man 8:00 AM, Without eseption. Should accumulation mntmue throughout Me day, Me Lessor shall provide such additional angor removal seivims to prevent accumulation greater Men the maumums spewed in Mis paragraph. In addition to scow removal, Me Lessor shall keep walkways, ddev,alks and parking lots free of ice during Me normal hours. The Lessor shall remove excess buildup of sarM andfor ins mel/ to minimize slipping hounds. If Me Building amrarm(c) has a Manhunt ioposure, then Lessor shall lake additional measures to Ported the safety of pedestrans. 6.05 MAINTENANCE ANO TESTING OF SYSTEIS(SEP 2012) A. no Lessor is responsible ler the stal mairdenanm, repair, and replacement and renewal d Me leased Premises. 9tdh mentemence. repairs, replacement and renewal induce Me site and private arses mads. All equipment and systems shall be maintained to provide reliable, energy effluent service Whom unusual interruption, disturbing noises, eVissu s to fire or safety Wismar, unouni fodable drafts, exmashm air velocities, or unusual emissions of did. The Lesson maintenance responsibilty Includes initial supply and replacemont of all supplies, materials, ant equipment necessary for such, ma armed ce. Maintenance, testing, and inspection of appropriate equipment and systems shall be done in amordanm in mrent applicable codes, ant mspeciian certificates shall ge displayed as appropriate. Copies Of all msords in this regain shall ba forwamed to the Government's designated mpmssntative. B. At Me Lesors eghense, the Govemmmt reserves the right to mqum documentation of proper operations, irupecdon, testing, and maintenanm W fire potedion systems, such as, but not limited to, fire alarm, fire sprinkler, slandpiped, fire pump, emergency fighting. Illuminated out signs, emergency generator prior to omupam;y to ensure proper operation. These tests shall be vvi eased by Me Governments designate! representative. LEASE NO. GS-10P-LAI(07482, PAGE 23 LESSOR: GOVERNMENT: GSA FORM L202 10 611 6) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 67 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 68 of 188 6.10 MAINTENANCE OF PROVIDED FINISHES (SEP 2013) A. Paint visit covenngs. Lessor shall maintain all wall coverings and high performance paint matings in like neK condition for the life of the Leas._ All painted surfaces, shall be repainted at the Lessors expense, including Me moving and returning of furnishings, any time during the occupancy by Me Government it the paint is peeling or permanently stained. except where damaged clue to Me negligence of the Government All work shall bedone after normal working hours as defined elsewhere India Lease. In addition to the foregoing requirement, 1. Lessor shall repaint common areas by mutual agreement between Me Lessor and the Government. 2. Lessor shall perform repainfing of Me Space at the agency's request. The scope will be determined by the agency and the Lessor will bid the project. The agency will pay for the project via lump sum payment at project completion and acceptance by the Government. This will be documented through a Lease Amendment, B. Camel and goonng. 1. Except when damaged by the Government. the Lessor shall repair or replace eoonrlg at any time during the Lease term when: a. Backing or underiayment is exposed; I . There are noticeable versions in surface color or texture; c It has cars, upturned edges, or other noaceade variations in mature: d. Tiles are loose; or, e. Tears or pipping hazards are present. 2. NOMI uitanding the foregoing. Me Lessor shall replace carpet in the Space at the agency's request with a product which meets the requirements in Me 'Floor Coverings and Perimeters' paragraph in this Lease. The snipe will be determined by the agency and the Lessor vnll bid the project. The agency wJl pay for the project we lump sum payment m project completion and acceptance by the Government. This will be documented through a Lease Amendment. 3. Repair or replacement shall include the moving and returning of furnishings, including disassembly and reassembly of systems furniture per manufacturerssomamy.Nnecesssry. Work shall be performed after the normal hours established elsewhere in this Lease. 6.11 ASBESTOSASATEMENT(APR2011) If asbestos abatement wvrie is to he performed in the Space after occupancy, the Lessor shall submit to Me Government the occupant safety plan and a description of the methods of abatement and na ccupancy clearance, in accordarm with OSHA. EPA. DOT, slate, and local regulators and guidance, at least 4 weeks prior to the abatement work. 6.12 ONSITE LESSOR MANAGEMENT(APR 2011) The Lessor shall provide an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies. and immediately address all emergency situations. 6.13 IDENTITY VERIFICATION OF PERSONNEL (SEP 20131 A. The Government reserves Me right to verify identities of personnel with roulme preoccupancy and/or unaccompanied access to Government space. The Lessor shall comply with the agency personal idendy verification procedures below Mal implement Homeland Security Presidential Directive 12 (HSPD-12). Office of Management and Budget (OMB) guidance M-05-24 and M11.11, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. B. The Government reserves Me night to conduct additional background checks on Lessor personnel and contractors wind murine access to Government leased space throughout Me term of the Lease. C. Upon request, the Lessor will notify the Government whether they will use either the manual process and submit completed fing erpri t Uurts and background investigation forms, or use Me electronic process of ID verification, completed through We a -GIP system. This would be clone for each employee of the Lessor , as well as employees of the Lessors contractors or subcontractors who will provide building operating services requiring murine access to the Govemment's leased space for a period greater than 6 months. The Government may also require this information for Me Lessors employees, contradors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government'a space. 1. MANUAL PROCESS: The Lessor shall provide Form FD 258, Fingerprint Chad (available tram Me Government Printing Office at I 1p l/bookstore gino gov), and Standard Form 85P, Questionnaire for Public Trost Positions, completed by each person and returned to the Lease Contmding Officer (or the contracting officers designated representative) within 30 clays horn receipt of the fonds. 2. ELECTRONIC PROCESS: The electronic process will be done through the a -QIP system. The Lessors contractor/personnel will receive an email along with instructions for completing Me Office of Personnel Electronic Questionnaire (e -QIP). The contractor/personnel will have up to (7) seven business clays to login and complete Me e.QIP for Me background investigation. The mid actor/personnel volt be instructed to access the inebriate. and reCEve on 6IXeer mstrumons slack include bat d Is not limited to. a) How to Log In b) Haw to Answer and Create New Gulden Questions c7 Mat Additional Documents to Send LEASE NO. GS-10P.LAlt07482, PAGE 24 LESSOR: GOVERNMENT: GSA FORM UO2 (05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 68 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 69 of 188 d) To Print and Sign two Signature Forms (Certifrcetion That My Answers Are True) e) To complete the submission Process, press Me 'Release /Request Transmit to Me Agency aid am the process R Made M Send. The Lessor must ensure Prompt inpul, arel finely receipt d the fallowing, from their renbactar/pera0mel: e) Two FBI Fingerprint Cards (Form FD -250) or me mrd produced by a livescen device, b) Certification That My Answers Are True C) Adhaization for Release of Information. D. The Lessor must ensure the contracting officer (or Me conVacting officers designated representative) has all of Me requested documentation to ensure the completion of Me investigation. E. Based on Me information famished, Me Government will conduct background investigations of Me employees. The contracting officer rill advise me Lessor in writing if an employee fails Me investigation, and, effective immediately, We employee wit no lager be allowed to wale or be assigned to wwk in Me Govemmem's spa®. F. Throughaut Me lite of Me lease, the Lessor shall provide me same data for any new employees, mntmdors, or subcontractors who will be assigned to the Govemmenta space. In Me event Me Lessor's connector or subcantrador is subsequently replaced, Me new contractor or suboonlreclor is not required to submit another set of Mesa forms for employees who were cleared through this process while employed by Me lamer contractor or subcenlraclor The Lessor shall resubrn0 Form FD 250 and Standard Form 85P for every employee covered by this paragraph on a 5 yearbasis. G. The Lessor shall insert Mia paragraph in all subcontracts when Me subcontractor is requiretl to have physical access to a federally compiled focality or access to a federal information system. 6.14 SCHEDULE OF PERIODIC SERVICES (JUN 2012) Within 00 days after occupancy by the Government me Lessor shall provide the LCO with a detailed wdimen schedule of all peel services and maintenance. including a preventive maintenance schedule, 6.15 LANDSCAPING (SUCCEEDING) (JUN 20121 A. Landscape management practices shell prevent pollofion by: 1. Employing practices w1Jctn avoid or minimize me need tar fedilcom and pesticitler. 2. Prohibiting Me use of Me 2,4-Dichlomphenoxyacetic Acid (2,4-D) herbicide and organophosphates. and 3. Canpastingfrecycling all yam vr4ste If available in Kodiak B. The Lessor shall use laMecapint, products WM recycled content as reptlred by EPA's CPG Guidelines for landscaping products, Rider to EPA. CPG web site, www.eoa acrimpa. 6.16 LANDSCAPE MAINTENANCE (APR 2011) Landscape maintenance shall be performed coding the growing season and shall consist of watering weeding, mowing, and poicing Me area to keep it free of tlebns_ Pruning and fertilization shall he clone on an as�needed basis. In addhon, doed, dying, or damaged plants shall be replaced. 6.17 RECYCLING (JUN 2012) A. For Leases greater Man 10,000 rentable SF, with a Lease term greater than six months, Me Lessor shall establish a recycling pngrem far (at a minknnum) paper, corrugated Cadbedm, glass. plassm. and metals ethers laml markets for recovered materials exist. B. VAnere Slate or local law. code, or ordinance mgnlres recycling programs fa me Primness. Lessor shall comply with sndl stale anter local law, code, or oromance. C. When implementing any recycling program, Me Lessor shall provide an easily accessible, appropriately sized area (2 SF per 1,000 SF of Building gmsa floor area) that serves the Space far Me collection and storage of materials far recycling. Teleran mans are not acceptable as recyclbg space_ During Me Lease lam, Mee agrees, upon request to prwitle the Govemment wird atltlitiaul ioformetign cenceming rerycting prtgr4ms maintained in the Building and in me Space. Spa 6.10 RANDOLPH-SHEPPARD COMPLIANCE (SEP 20131 During the term nf Me Lease, the Lessor may not establish vending facilities within Me leased Space mat will compele with any Randolph -Sheppard vendirgfacilities. 6.15 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION ISEP 2013) This paragraph applies to all recipients of SSU Building Information, including, bidders, awardeas, contractors, subcontractors, Lessons, suppliers, and manufacturers. LEASE NO. GS-I0P-LAK07402, PAGE 26 LESSOR:_ GOVERNMENT:_ GSA FORM L202(06/16) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 69 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 70 of 188 A. MARKING SBU. Contrador-generated documents that contain Building information must be reNexed by GSA to identify any SBU cement, before the original or any copies era disseminated to any other nodes. If SBU coderd 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 de aeminagen. B. AUTHORIZED RECIPIENTS. Building IMormagon considered SBU must be prnleded with accesses gnNy controlled and limited to those Individuals having a need to knew such infomhsuon. Those with a need to know may include Federal, state, and local gavemment entities, and nengovemmed entities engaged in the conduct of business on behi ff of or with GSA. Nongovemmerd entities may include anclutects, engineers, consuhanta, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA m portending work under a GSA contract or subco ma Conkedors must nonage SBU Building information when needed for the performance of official Federal, state, and IoW government functions, such as for code compliance reviews and for the issuance of Building permits. Public safety entitles such as fire and utility departments may require accessible SBU Building information on a need fo know basis_ This pamgmph must cwt prevent or encormberthe dissemination of SBU Building information to public safety, entiges. The sever roan is Ne only area Mingled as sensitive at this gone. C. DISSEMINATION OF SBU BUILDING INFORMATION: 1. BY ELECTRONIC TRANSMISSION. Electronic transmission of SBU information outside or the GSA formal end network must use session (or alternatively file emyption). Seasions (or files) must be encripted with an approved NIST algorithm, such as Advanced Ennyption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Inlomnabon Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules. Encryption tools that meal FIPS 140-2 am referenced on the NIST web Page found at the following URL: IMP It.x.1.env/o PWSTkllanm/ ents/14O-1114O1we him. All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be venfied at Ne tape'//cmonsteovlaouos/SMcnvoNalidation. htrnWO2. (Notall vendors ot security products that dam confom once with FIPS 140-2 have validation cedfcates.) Contractors mud Provide SBU Building information only Is au0wtlzed representatives of state, Federal, and IoW genemmenl entities and firms amently registered as'acese- in the SAM database at h0us'lA sant oov mel have a need to Fhww sucth inrornmtion. ff a subcontmdor is not registered in SAM and has a need to possess SBU BUNdirg information, the subcontractor shall provide Io the conlydclor its DUNS number Mile tax ID number and a copy of Ib business license_ 2. BY NON -ELECTRONIC FORM OR ONPORTABLE ELECTRONIC DATA STORAGEDEVICE - Portable electronic date storage devices include but are not limited to CDs, DVDs, and USB drives. Non-slectrodc forms of SBU Building information include paper deements. a_ By mail. Utgize only methods d shipping Met povke services for monitoring receipt such as Nada and codon, pool of delivery. signature conftmatlon, or return receipt b. In Pension. Contractors must Povide SBU Building idiom abon only to authrazed representatives of state, Federal, and local government entifies and firms currently registered as'aWve' m the SAM database that have a need to knex such information. 3. RECORD KEEPING. Contractors mull maintain a list of the state, Federal, and local government argues and the fres to which SBU is disseminated under sections C1 and C2 of this paragraph. This lin must Include at a minimum e. The name of the stale, Fededl, or local gavemmenl entity or firm to wthc h SBU has been diseeminated; to The name of the individual at the entity or fine waw is responsible for poleding me SBU Building Interesting, with access strictly controlled and limited to these individuals having a need to knee 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 Ne submission of the as built drnvings, the contractor must called all lists maintained in accordance with this paragraph, idfud'eg those maintained by any subceradas and suppliers, and submit them lo the LCO. D. RETAINING SBU DOCUMENTS. SBU Building information Beeth electmnlo and paper formats) must be protected, with access seely commit" and limited to these indskuals having a need to knew such milometion. E. DESTROYING SBU BUILDING INFORMATION. SBU Staking information must be destroyed sudhthat the marked information is rendered unreadable and incapable of bang matched, or returned to Me LCO, when me longer nreded, in accordance With guidelines provided for media sanitizafion available at hffip 11cso;t my1publicationwPubaTC hInifforersic,. At the Web site, locate SP 300413, Guidelines for Media SaNtization, available at HTTPI/CSRC.NIST GOVIPUBLICATIONStNISTPUSSIBOO ISTSPe -118 REV1 PDF and dick on the file mime NISTSPB00- 38_REV1.pdf. Fon there, you can choose, to -Sava or -Download' the file. If SBU Building information is not returned to the LCO, examples ot acceptable destruction methods for SBU Building integration ars, bunting or shredding hardcopy; physically destroying portable eledroniC storage deviras such as CDs, DVDs, and USB drives; tlekgng and mmm ing files from electronic recycling bins; and removing material hon computer had drives using a parmanentemse utility such es bit-Vriping adlware or disk crushers - F. NOTICEOFDISPOSAL. The conleactormusl nogty the LCO that all SBU Building information has been destroyed, orrelumed to the LCO. by the contractor and its subcontractors or suppliers In armrdance with section (e) of this Paragraph. with the exception of the contractors record copy. This notice must be submitted to the LCO at the completion of the contract in order to redone final Payment. For Legal this fie ice must be submitted to the LCO at the completion dee Lease term. G. INCIDENTS. All improper dladesUres of SBU Building urtomration mug be reported immediately to the LCO. If Me contract provides for progress Payments, the LCO may withhold approval ot progress payments until the contractor provides a corrective action plan explaining how the LEASE NO. GS -10P LAK07482, PAGE 26 LESSOR: GOVERNMENT: OSA FORM L202 (06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 70 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 71 of 188 c,mom arvell prevent Mum improper disdosums of SBU Building information. Progress payments may also be vilhheld for maur s to comply with any pmvisian in Mia paragraph until the contractor provides a mmedlve action plan explaining haw Me mid actor will reCny, any nooumplianra and comply with Me paragraph in We Mum, H. SUBCONTRACTS. Tho Contradormust insert Me substance of Nis paragraph in all subcontracts. 6.20 INDOOR AIR DUALITY (SEP 2013) A. The Lessor shall mnlrol mnlarmams at Me source andlor operate the Spam in sudh a mariner Nat Ne GSA indicator levels for roman monoxide (CO), drtan dioxide (CO2), and fmmeldmyda (HCHO) am net exceeded. Tho indicemr levels for office areas shall be: CO 9 ppm time weighted average (1WA B hour sample); 0021,000 ppm (TWA); HCHO 0.1 ppm (TWA). B. The Lessor shall make a reasonable attempt to apply Insedicldes, Paints, glues, adhesives, and HVAC system cleaning danpounds wth highly vdattla er irnitatlrg organic compounds, outside d working hours . Except in an emegency, the Lessor shall previde ai least 72 hove advenm rnlca to Me Government before applying rmuous diemimis in ocmpred Spaces and shall adequately ventilate Mose Simms during and after application. C. The Leser r shall promptly investigate indoor air quality (IAO) mmplaints and Mall implement the necessary controls to address Me complaint. 0. The Government reserves Me right to mndud independent IAG assessments and detailetl studies in Spam Mat it a¢upies, as well as in space serving the Spam (e.g., common use areas, mechanical roams, HVAC systems, eta). The Lesser shelf assist Me Goremment in ft assessments and detailed studies by: 1. Making available irdormabon on Building opere8ons and Lessor adivities; 2. Providing access to Space for assessment and lasting, it required; and 3. Implementing mNective measures required by Me LCO. E. The Lessor shall provide to the Government material safety data sheets (MSOS) upon request for the fallowing produds prior to Meir use dudrg Me term of the Lease: adhesives, =WkiM. ceWa , insdatirg materials, fimpmofmg er fims"ing matedals, paints, mm m, floor and wall patching or leveling materials, lubricants, clear finish for woad surfaces, janitonal cleaning produce, pesticides, mdenfiddes, and Methods.. The Government reserves Me right to review such Pmdude used by Me LessarvnMin: 1. The Space; 2. Common Building areas; 3. Ventilation systems and runes serving the Spam, and 4. The area above suspended doings and engineering space in the same ventilation cone as Me Spam. F. Mere hareNuus gasses or rhemimis (any products w9M data in Me Health and Safety section of Me MSOS sheets) may be Present ar used, inducting lege-scale copying and printing mans, segregate areas with dedi4t dea partitions with separate oulede exhausting at a rale of in least 0.5 orbic fret Per minute per SF, no air redrn4ation. The merhanidl system must operate at a negative pmssum compared with the surrounding spaces of at least an average of 5 Pa (pasmp (0.02 indhes of valer gauge) and v th a minimum of 1 Pa (0004 inches d water gauge) when Me tlmm to the mons am closed. 6.21 RADON IN AIR (SUCCEEDING) (SEP 2013) A. The radon mncenlration in Me air of the Space shall be less Man 4 pimCunes Per liter (pCi1L) for dhildcam and 25 pCA for all oder spam, herein milled -GSA action levels' B. INITIAL TESTING: 1. The Lesser shall: a. Test far radon Mat portion of Spacewhich is in ground monad o doses) to the ground up to and including Me dmnd floor above grade (Spam on the third or higher floor above pride nretl not be measumd);. b. Report Me results to the LCO upon award; and c Promptly cony, out a mmadve action program for any radon mzemratim whits equals or exceeds Me GSA action levels. 2. Tesfing sequence. Tho Lessor shell measure radon by the standard test in subyaragraph DA, eamplatirg Me fest not later Man 150 days after award, miess Me LCO decides Mat them is not enmgh lime to c plete Me test O"W Lease Term Commandmuent Date, in which rase Me Lasso shall perform the mart test In subparagraph 0.2. C. CORRECTIVE ACTION PROGRAM. 1. Pmgmen Initiationand Procedures. a. N eller Me Government or the Lessor deleds a mean mrcentration at or Move Me GSA action levels at any time after award or clairg Me term of Me Lead, the Lesson shall Pmmplly nary out a Wandive adion program which reduces the candntiation to below Me GSA action leve.. b. If aider Me Government or Me Lessor deteds a radon dirioamration at or above the GSA action levels at any time after Government acahpandr, the Lesser dull Promptly restrict Me use of Me afeded am and Mail provide mmpemNe temporary space for Me tenants, as agreed M by the GavemmmL until Me Lessor rams out a Prompt corrective action program which reduces the concentration b below Me GSA action levels and certifies Me Spas for maccupency. LEASE NO. G5.10P-LAR07482, PAGE 27 LESSOR: GOVERNMENT: GSA FORM _202 (06116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 71 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 72 of 188 c. The Lessor shall Pravda the Government wfth priarwn0en notice of any proposed corrective action or tenant relocation. The Lessor shall promptly revise Me rommye action program upon any change in Building condition ar operation v4 ich would affect the program or Warsaw the radon concentration to or above Me GSA action levels. d. The Lessor shall perform Me standard lest in sub -paragraph Ot to assess the effectiveness of a corrective action program. The Lessor may also perform Me short test in sub -paragraph 0.2 to determine vlheMer Me Spam may be occupied but shall begin the standard test concurrently Win the short test e. All measures to accommodate delay of occupancy. rarrective action, tenant relocation, tenant re-0runmrrry, or follow-up meawem ed by Me Lessor at no additional cast to Me Goveent rent shall be providmm L B Me Lessor fails to exercise due diligence, w is utheMese unable to reduce Me melon concentration Promptly to belay Me GSA action levels, Me Government may implement a con aches amen Pmgmm and clamed its costs fmm We mot. 0. TESTING PROCEDURES: 1, Standard Test Place alpha back detectors throughout Me required ams far 91 or more days so Mat each covers no more than 2,000 ABOA SF. Use only devices listed in the EPA Radon Measurement PmedenoT Pegram (RMP) application device checklists. Use a laboratory rated pragdent in the EPA RMP to analyze Me devices. Submit Me results end supporting data (sample location, device type, duration. Milan measurements, laboratory proficiency, cergficadon number, and the signature of a responsible labmalory official) within 30 days after the measurement. 2. Short Test. Place alpha Vark detectors for at least 14 days, or dmrmal canisters for 2 days M 3 days, thmuginew Me required area so Mal each covers no more Man 2,000 ABOA SF, starting not later than 7 days after award Use only devices listed in Me EPA RMP application deem ched0ids- Use a laboratory rated pro0dent in the EPA RMP to analyze Me devices. Submit the results and supporting data within 30 days after the measurement In addition, complete Me standard test flat later Man 150 days after Government ampandy. 6.22 HAZAROOUS MATERIALS (SEP 2012) A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable Federal, stale, and local ern'vonmenlal regulations. Shnod there be reason to suspect olheMese, the Government reserves Me right at Lessors expense, to require documentation m testing to mntmn that Me Space is free of all hazardous materials. B. Lessor shall, to the extent of its knmNedge, notily Government of Me introduction of any hazardous materials onto the Property by Lessor or othem, including but not limited to, w4enants occupying Space in the Building. 6.22 MOLD (SEP 2012) A. Actionable mold is mold of types and coma n estoru in eamss of Mal found in Me local outdoor air. B. The Lessor shall provide Spam M Me Government Mal is bee bora actionable mold and free from any conditions that reasonably can be anticipated to permit Me growth of actionable mdtl mare imim0ve of Me Possibility Mal actionable mdtl well be Present (indicators). C. At such times as Me Government may direct, including but not limited to: atter a 0ood, water damage net caused! by Me Government, or repairs caused by Me Lessor, Me Lessor, at its We cost expense and Oak shell (i) rause an Industrial hygienist mMfied by Me American Board of Industrial Hygienists or 0 qualified consultant (Me Inspedor) whe, in either instance, is reasonably acceptable to Me Government, to inspect and evaluate Me Spam for Me presence of actionable mdtl or metal Indicators and fill muse the Inspector In deliver Me resolls of its inspection and evaluation (Me Report) to the Government Wave 3D days after it conducts some and, in all events, at Me mine time Mat it dalivers Me Report to Lessor. With We delivery of the Report to the Government, da Inspector shall notify Me Gowunne nt, in vnMg via cover letter to the report, if the Impeder discovers or suspects We existence of actionable mad or Indicators in Me leased Space. D. The presence of actionable mold in Me Premises may be heated as a Casualty, as determined by Me Government, in acel ance with the Fire and Other Casualty clause contained in Me General Clauses of this Lease. In addition to Me provisions of Me Fire and Other Casualty dame o this Lmm, should a portion of the Premise be determined by the Government to be un- eniumble due to an ad of mgligence by Me Lessor or his agents, the Lessor shall pravitl s masonably acceptable alternative Spam at the Lessors expense, indutling Me will of moving, and any required! alterations. E. If Me Report indicates that amenable mold or Indications are present in Me leased Space, We Lessor, at its sole cost, expense, and risk, Ma0 wthin 30 days after its n mipt of Me Repot 1) retain an epenenced mod remediation contractor reawnably acceptable to Me Government to prepare and submit to Me Government and Lessor a remediation plan (Me Plan) and within 90 days after the Govemmems approval of the Plan, mmediate the adlonoble mold or Me indicators in the leased Spam, but prior to commending seen remediation, Lessor shall send the Government a notice ending: (i) the dale on vhictu We actionable mold remediation shall start end beet log it is projected to continue; (it) whirr potion of the leased Spam shall be subject to Me mmedimon; and fill) Me rem"Mon procedures and standards to be used m implement Me Plan and Me clearance criteria to be employed at Me mnciusion ofthe mmediation; and 2) notify, in accordance wind any applicable Federal, slate, and local health and safety requirements, Me Government employees as yell as all Other occupants of and visitors to the leased Spam of the nature, location and schedule for Me panned remediation and reasons therefore. F. The Lessor shall be responsible for conducting Me mannerism in accordance wend Me relevant provisions of the document Mullen 'Mold Remedistion in Scads and Commercial Buildings' (EPA 402-K-01-001, March 2001), published by the U.S. Environmental Protection Agency, as same may be amended or revised nom gone to time, and any oho applicable Federal, state, or local laws, regulatory standards and guidelines. G. The Lessor actmov4edges and agrees Mal the Government shall have a reasonable opportunity no inspect the leased Spam after wndusion of the remediation. N the results of Me GovensnonPs inspection Indicate Mat Me mmediation does not comply with the Plan or arty other applicable Federal, slate, or local Rewe, regulatory standards or guidelines, Me Lessor, at its sole cost, expense, and risk, shall immediately lake all fanner actions necessary to bring Me mmetiation into compliance. LEASE NO. GS -10P LAK07402, PAGE 28 LESSOR:_ GOVERNMENT:_ GSA FORM UO2(06116) Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 72 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 73 of 188 H. If the Lessor fails to eaemse due diligence, or is otherwise unable to remedies, the extensible mold, the Government may implement a mrredive adion program and beefed its mats from the rent. 6.20 OCCUPANT EMERGENCY PLAINS (SEP 2013) The Lessor is required to cooperate, participate and mmply with the development and implemenla0on of Me Government's OmupaM Emelgenb, Plan (OEP) and 0 necessary, a supplemental Shelter -In Plam (SIP) Plan. Penodirally, the Government may request that she Lessor assist in reviewing and revising its OEP and SIP. The Plan, among other things, must include an annual emergency evawatim dell, emergenry, notltimtidn procedures for the Lessors Building engineer or manager, Building sec inry, local emergency personnel, and Government agency personnel. LEASE NO. GS-IOP-LAX07C92, PAGE 29 LESSOR:_ GOVERNMENT: GSA FORM U02106116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 73 of 188 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 74 of 188 SECTION 7 ADDITIONAL TERMS AND CONDITIONS 7.01 SECURITY STANDARDS (JUN 2(112) The Lessor agrees to the requirements of Seamy Level 1 attadred to this Lease. 8.01 SPECIAL REQUIREMENTS Replacement and Renewal and Capital Improvement Projects are defined as below and will be discussed after the GSA Form 1217 has been subrnitted. Replacement and Renewal: An exchange of one Fixed asset for another that has Ne same ,aparuy to perform the same function. In whim st to repair, replacement and renewal generally involves a complete idennfiale fern of reinvestment (system component or individual c pmmhts, for example motors, shafts, orswitdres). All replacement and renewal prejeds over $5.0()B Wit be hunted through the Replacement and Renewal Reserve (see Exhibit E) Capital ImprevementPmieds: Workpedormedto Uangetheintenorarrangementsordherphysicalch densticsofaneusbngfadlityor fixed equipment so that it can be used more effectively for its wnent designated purpose or adapted to a new use. Capital Improvement Prejeds also would include any new stmdures built to support the anent purpose or new use of Ne main fadlity (for example: a Sea Water Chiller, a Hazmal Building, or a warehouse/storage building). Capital Improvement projects will not be funded through the Replacement and Renewal Reserve but will be funded by negotiated agreement. In the event a Replacement and Renewal and Capital Improvement project overlap, Ne parties will negotiate and execute an appropriate Lease Amendment. LEASE NO. GS-I0P-LAK07482, PAGE 00 LESSOR:_ GOVERNMENT: GSA FORM 1(05116) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 74 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... page 75 of 188 , q ti l! t! t a ;t _ J I 11 V s _ `c a tt L=J c tt � H „ t. Resolution No. FY2016-33 Approving a Lease Agreement Between... page 75 of 188 AGENDA ITEM #13.B. t Resolution No. FY21E33Ap,9awae Agreement Between... Page 76 a,@ & � k � ) w ! : it ; H_'/! ! I # . § . \ . # Z Resolution No. FY21E33Ap,9awae Agreement Between... Page 76 a,@ AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 77 of 188 Exhibit A - Space Allocations KFRC: Net Rentable Square Footage PROPOSED OCCUPANCY Space Occupancy Total Area Wl Proposed NOAA space IN`I Common (@75.3%) 12819 9648 inclusion of KlB!Pu blic 7g.9y, Kill r--- 2184 0 NOAA 15684 15684 Other Tenant 2970 0 Other 6053 Rldg G— Nm G,wmd Grand Total 39710 25332 PROPOSED OCCUPANCY Space Occuuancv USF RSF Kill 2184 3528 Common Area Factor NOAH 15684 25332 1.615174201 Other Tenant 2970 4797 Grand Total 20838 33657 %occupancy 0.752663403 Lessor / Gov't 1.f3 12/9/2015 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 77 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 78 of 188 Exhibit A - Space Allocations GSA Space proposed Room Level RvvmA As. (ft.) Current Room Orman, Room Type Roam Use Classifcalian Occupancy, 2-1 S. Common Conference Conference room Common Coleco - 2 2D1 2O Common Storage Confmm oStorage Common Common 2 203 20 Common Storage Coral room 5mvge Common Common 2 2Og 161 Common Office Reception Common Me 2 205 682 Other tenant laboratory Laboratory othertenant Other tenant 2 2116 231 Common Chat er.are conferc are mom Common Common 2 202 1397 HOAR laboratory Laboratory NOM NCAA 2 2BR 130 NOM Storage Stooge Common Common 2 209 1. Common g3chen K:Icc.h Common Contra - 2 210 525 NOM Office Office NOM NOM 2 211 280 NOM Offs Office NOM NOM 2 212 2I4 NOM Office Office NOM NOM 2 213 187 NOM Office Office NOM NOM 2 21A 1 O NOM O fi[e Office NOM ROM 2 215 COO NOM O ice Office NOM NOM 2 216 486 NOM Storage St.., NOM NOM 2 212 BB Common ONia Reception Common KIB 2 219 68 ILB Storage laclmrc!oset Common Common 2 219 282 NOM Office OH:ce NOM NOM 2 220 304 NOM Storage Adman supplies NOM NOM 2 221 213 NOM Office Office NOM NOM 2 222 125 Common Bathroom Bathroom Level2 Common Common 2 223 12 K19 Storage lanae, camel Common Common 2 224 136 NOM Office Office NOM NOM 2 225 136 NOM CKO, Office NOM NOM 2 226 213 NOM OI[[e Office NOM NOM 2 222 213 NOM Office Office NOM NOM 2 228 276 NOM Office Off[. NOM NOM 2 229 213 NOM OI([e OM[e NOM NOM 2 230 330 NOM Storage Rnorage NOM NOM 2 231 155 NOM Office Office NOM NOM 2 232 I55 NOM Office Office NOM NOM 2 233 213 NOM Mc. Office NOM NOM 2 234 213 NOM Offs Office NOM NOM 2 235 213 NOM Office Office NOM NOM z n6 CIL, Common Common u:e Kitchen Common Common LmnryMdeo 2 237 1812 NOM conference/Ardave LibraryNdeoconferen[a NOM NOM 2 238 231 Common Canlereo[. Conference Common Common 2 239 220 NOM Starage ArtM1aved storage NOM NOM 2 240 "a NOM labonbry Micraccopelab(w/hood) NOM NOM 2 241 231 Common Conference Confirma .mom Common Common 2 242 2B6 Common Admin Mail room Common Common 2 2a3 111 KIB Maantenan[e T.!emms Common Common 2 2W 169 Common Ba,C-.m Ballroom Level Common Common 2 245 17S Offertenant ONlce Office othertenant Olferlenant 2 246 230 OLM1ertemont Off¢ Ofce other tenant OLM1ertenant 2 242 257 Other tenant Off a Office othertenant Olfertenant 2 Level 2 NA 854 Hallway/Stair/Entryspa[e Hallway West wing level2 Common Cmmmon 2 Level NA 1552 Hallway/5tair/Entry spare Hallway East wing level Common Common 2.-12 NA 956 Public display(hallway) Publacd3play Public doplay Level 2 Common Common 2teve12NA 119 Hallway/Stair/Entryspa¢ Hallway Entryway Common Common 2 Level NA 480 Hallway/Stair/Entry space Stairwells Stairwells Not Counted Not counted 1 101 9CU Otherlenant Laboratory Se er.t.,lGo othermnanl OLM1ertenant 1 102 451 Otherlenant ubontary Laboratory omplecont Other Ler-1 1 103 120 NOM Storage Storage NOM NOM I 104 4M NOM Laboratory lahoratory NOM NOM 2013 12/9/2015 Lessor Govt Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 78 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 79 of 188 Exhibit A - Space Allocations GSA Space Proposed Room Level Ruomtl Area INa) Content Room Occupancy Beam Type Reom Use Claisil.[at!vn IXaparrcy I IDS 21S Othertenant laboratory laboratory other tenant Othertenant 1 1OG 132 NOM Storage Freezer Common Common 1 IF, 609 Common Common Use Loadogdock Common Common 1 100 6s, IM1am Storage toadmg dockstorage mom Common Common l 109 SSS NOAH Storage Storage NOAH NOM I'O C09 Common Ma'. nanr. Mu mm n e".P Common Common 1 1I1 O Common Maintenance Mentenanceinpp Common Common 1 112 08 Common Office Maln[enance olfre Common Common I 113 1. N. Storage Storage NOM NOM 1 114 220 NOM Storage Storage NOM NOM I IIS 1430 KIB Mainlenanre NVPC Common Common 1 116 239 NOM Storage Storage NOM NOM 1 117 212 RIB Maintenance Main Telecnmmunication5 Common Common 1 118 299 KIB Maintenance Eleetocal Common Common 1 119 16S NOM Laundry Laundry Common Common 1 120 329 Common Common Use Bathroom Level Common Common 1 121 320 Common Common Use Bathroom Levell Common Common 1 122 249 Nam Shop Otto Compressor Roam NOM NOM 1 i23 42g KIB Maintenance Generator Common Common 1 124 831 NOM Shop Loadingdock NOAH NO. 1 125 190 NOM Storage storage NOM Nam 1 126 96 Nam shop Shop NOM Nam 1 121 96 NOM Shop Shop NOM NOM 1 128 2541 Common Laboratory Seaeassm Facility at lab Nam NOAH I II9 Be Common Laboratory Cold Rcom Rl Nam NOm 1 130 BB Common Laboratory Cold Room 812 NOM NOM 1 131 Be Common Laboratory Cad Room Y3 NO. NOM I I32 234 Co.... Laboratory Se a Water Quality Control NOM NOM 1 133 91 RIB Tolerant 9elecam Common Common I 134 160 Common Laboratory Laboratory NOM NOM I 135 42 KIB Maintenance Electrical Camman Common 1 136 95 Common Laboratory NMFS Mi—ca.pe NOM NOM 1 131 136 Common Laboratory Seawater Facility dry lab lw/hood) NOM NOM I 136 41 Common Storage Storage NOM NOM I 139 1935 Public display(hallway) PUWicdisplay Public display Level l KIB KIB I Level l NA 192 Ha::way(Stair/Entry space Ha::azay West w; in, level Common Core— I level l NA 1010 Hallway/Slair/Entry sWce Hallway East wing levell Common Common 1 Level l NA 480 Hallway/stair/Entry spare SlairwAls Stairwells Not Counled Notmunted NA Penthouse SW KIB Maintenance NM Counted Notmunted NA Penthouse 605 BIB Maintenance Not Counted NOtcounled NA Penthouse ads KIB Maintenance Not Counted Notmunted NA Ozone level .15 KIB Seawater system Not Counted Not counted NA Boiler mom level 695 KIB Maintenance Hot Coupled Not counted NA Waharsmor, larks 695 KIB Seawater a,.. Not Counted Nd counted NA Sand Filters 695 KIB Seawat-welem Not Counted Nest munsed NA Pump House 143 KIB Seawater system Not Counted Nortmortel 39110 Lessor / Gov't l ala Iz/9/zvts Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 79 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 80 of 188 Exhibit B GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE GENERAL 1 SUBLETTING AND ASSIGNMENT 2 552.270-11 SUCCESSORS BOUND 3 552.270-23 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT 4 552.270-24 STATEMENT OF LEASE 5 552.270-25 SUBSTITUTION OF TENANTAGENCY 6 552.270-26 NO WAIVER 7 INTEGRATED AGREEMENT 8 552.270-28 MUTUALITY OF OBLIGATION PERFORMANCE 9 DELIVERY AND CONDITION 10 DEFAULT BY LESSOR 11 552.270-19 PROGRESSIVE OCCUPANCY 12 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT 13 FIRE AND CASUALTY DAMAGE 14 COMPLIANCE WITH APPLICABLE LAW 15 552.270-12 ALTERATIONS 16 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY PAYMENT 17 52.204-7 SYSTEM FOR AWARD MANAGEMENT 18 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE 19 552.270-31 PROMPT PAYMENT 20 552.232-23 ASSIGNMENT OF CLAIMS 21 552.270-20 PAYMENT 22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT 24 552.270-32 COVENANT AGAINST CONTINGENT FEES 25 52-203.7 ANTI -KICKBACK PROCEDURES 26 52-223-6 DRUG-FREE WORKPLACE 27 52.203-14 DISPLAY OF HOTLINE POSTER(S) ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY 29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 30 552.270-13 PROPOSALS FOR ADJUSTMENT 31 CHANGES AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA 33 52.215-2 AUDIT AND RECORDS—NEGOTIATION INITIALS'. 8 LESSOR GOVERNMENT GSA FORM 3517B PAGE I(REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 80 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 81 of 188 Exhibit B DISPUTES 34 52233-1 DISPUTES LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY 36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES 37 52.219-26 POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION 36 52.222-35 EQUAL OPPORTUNITY FOR VETERANS 39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 40 52.222-37 EMPLOYMENT REPORTS VETERANS SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA 43 52.219-6 UTILIZATION OF SMALL BUSINESS CONCERNS 44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN 45 52.219-15 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN 46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS The information collection requirements contained In this solicitation/contract that are not required by regulation have been approved by the Orrice of Management and Budget (OMB) pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. INITIALS: a LESSOR GOVERNMENT GSAFORM351Ta PAGE2(REVW1I5) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 81 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 82 of 188 Exhibit B GENERALCLAUSES (Acquisition of Leasehold Interests in Real Property) 1. SUBLETTING AND ASSIGNMENT (JAN 2011) The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of Lessor, which shall not be unreasonably withheld. 2. 552.270.11 SUCCESSORS BOUND (SEP 1999) This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 3. 552.270.23 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT (SEP 1999) (a) Lessor warrants that it holds such title to or other interest in the premises and other property as is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, In consideration of the warranties and conditions set forth in this clause, that this lease Is subject and subordinate to any and all recorded mortgages, deeds of trust and other (lens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It Is the intention of the parties that this provision shall be self -operative and that no further instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Contracting Officers receipt of a written demand, to execute such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned In whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government under this lease. (b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is not in default under this lease. Lessor will Include in any future mortgage, deed of trust or other security Instrument to which this lease becomes subordinate, or in a separate non -disturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to pmvide true copies of all such consents to the Contracting Officer promptly upon demand. (c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have aftomed to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such pumhasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority In time and fight as if the lease had initially been entered into between such purchasers or transferees and the Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship. (d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. INrt1ALS: a LESSOR GOVERNMENT GSAFORM 3517SPAGE3(REVMIIS) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 82 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 83 of 188 Exhibit B 4. 552.270.24 STATEMENT OF LEASE (SEP 1999) (a) The Contracting Officer will, within thirty (30) days next fallowing the Contracting Officer's receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the case, that (1) the lease is in full force and effect; (2) the date to which the rent and other charges have been paid in advance, if any; and (3) whether any notice of default has been issued. (b) Letters issued pursuant to this clause are subject to the following conditions: (1) That they are based solely upon a reasonably diligent review of the Contracting Officer's lease file as of the date of issuance; (2) That the Government shall not be held liable because of any defect in or condition of the premises or building; (3) That the Contracting Officer does not wanant or represent that the premises or building comply with applicable Federal, State and local law, and (4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable pre -purchase and pre -commitment Inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government officials. S. 552.270.25 SUBSTITUTION OF TENANT AGENCY (SEP 1999) The Government may, at any time and from time to time, substitute any Government agency or agencies for the Government agency or agencies, if any, named in the lease. 6. 552.270-26 NO WAIVER (SEP 1999) No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision. 7. INTEGRATED AGREEMENT (JUN 2012) This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the Lease. Except as expressly attached to and made a part of the Lease, neither the Request for Lease Proposals nor any pre -award communications by either party shall be incorporated in the Lease. B. 552.270.28 MUTUALITY OF OBLIGATION (SEP 1999) The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are interdependent. The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this cause shall constitute a breach by the Government of this lease. S. DELIVERY AND CONDITION (JAN 2011) (a) Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3517e PAGE 4IREV Nil 5) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 83 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 84 of 188 Exhibit B (b) The Government may elect to accept the Space notwithstanding the Lessors failure to deliver the Space substantially complete; if the Government so elects, it may reduce the rent payments. 10. DEFAULT BY LESSOR (APR 2012) (a) The following conditions shall constitute default by the Lessor, and shall give rise to the following rights and remedies for the Government: (1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations required for Acceptance of the Space 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. (2) 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 perform the service, provide the item, or obtain satisfaction of the requirement by its own employees or contractors. If the Government elects to take such action, the Government may deduct from rental payments its costs Incurred in connection with taking the action. Alternatively, the Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of the commencement of the default condition. (3) Grounds for Termination. The Government may terminate the Lease If: (i) The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or (it) The Lessor rails to take such actions as are necessary to prevent the recurence of default conditions, and such conditions (i) or (ii) substantially impair the safe and healthful occupancy of the Premises, or render the Space unusable for its intended purposes. (4) Excuse. Failure by the Lessor to timely deliver the Space 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: (i) Circumstances within the Lessor's control; (ii) Cimumstances about which the Lessor had actual or constructive knowledge prior to the Lease Award Gate that could reasonably be expected to affect the Lessors capability to perform, regardless of the Government's knowledge of such matters; (iii) The condition of the Property; (iv) The acts or omissions of the Lessor, its employees, agents or contractors; or (v) The Lessors inability to obtain sufficient financial resources to perform its obligations. (5) 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. INITIALS: 3 LESSOR GOVERNMENT GSA FORM 35178 PAGE 5 (REVW15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 84 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 85 of 188 Exhibit B 11. 552.270-19 PROGRESSIVE OCCUPANCY (SEP 1999) The Government shall have the right to elect to occupy the space in partial increments prior to the substantial completion of the entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space incrementally as elected by the Government- The Government shall pay rent commencing with the first business day following substantial completion of the entire leased premise unless the Government has elected to occupy the leased premises incrementally. In case of incremental Occupancy, the Government shall pay rent pro rata upon the first business day following substantial completion of each incremental unit. Rental payments shall become due on the first workday of the month following the month in which an increment of space is substantially complete, except that should an increment of space be substantially completed after the fifteenth day of the month, the payment due date will be the first workday of the second month following the month in which it was substantially complete. The commencement date of the fine lease term will be a composite determined from all rent commencement dales. 12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2015) The Lessor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this Lease, in good repair and tenantable condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at reasonable limes enter the premises with the approval of the authorized Government representative in charge. Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this Lease, including standards governing indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after the Lease Award Date and during the tens of the Lease, to inspect all areas of the Property to which access is necessary for the purpose of determining the Lessor's compliance with this clause. 13. FIRE AND CASUALTY DAMAGE (MAR 2013) 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 are only partially destroyed or damaged, so as to render the Premises untenantable, or not usable for their intended purpose, the Lessor shall have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair Of the Premises within 60 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 270 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. During the time that the Premises are unoccupied, rent shall be abated. 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 Lassoes negligence or willful misconduct. 14. COMPLIANCE WITH APPLICABLE LAW (JAN 2011) Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense. The Government will comply with all Federal, Stale and local laws applicable to and enforceable against INITIALS & LESSOR GOVERNMENT GSA FORM 35178 PAGE 6(REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 85 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 86 of 188 Exhibit B it as a tenant under this lease, provided that 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. 15. 552.270.12 ALTERATIONS (SEP 1999) The Government shall have the right during the existence of this lease 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. If the lease contemplates that the Government is the sole occupant of the building, for purposes of this clause, the leased premises include the land on which the building is sited and the building itself. Otherwise, the Government shall have the right to lie into or make any physical connection with any structure located on the property as is reasonably necessary for appropriate utilization of the leased Space. 16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (APR 2015) (a) Ten (10) working days prior to the completion of the Space, the Lessor shall issue written notice to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the Space only if the construction of building shell and Tis conforming to this Lease and the approved Dios is substantially complete, and a Certificate of Occupancy has been Issued as set forth below. (b) The Space shall be considered substantially complete only if the Space may be used for its Intended purpose and completion of remaining work will not unreasonably interfere with the Government's enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to conformance of the completed Tis to the approved Dios, with the exception of items identified on a punchlist generated as a result of the inspection, concealed conditions, latent defects. or fraud, but shall not relieve the Lessor of any other Lease requirements. (c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not Issue Certificates of Occupancy or if the Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an acceptable level of safety is provided. Under such chcumstances, the Government shall only accept the Space without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is compliant with all applicable local codes and ordinances and fire protection and life safely -related requirements of this Lease. 17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Definitions. As used in this prevision— 'Data Universal Numbering System (DUNS) number' means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. 'Data Universal Numbering System +4 (GUNS+4) number" means the DUNS number assigned by D&B plus a 4 -character suffix that may be assigned by a business concem. (D&B has no affiliation with this 4 -character suffix) This 4 -character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart32.111 for the same concem. 'Registered in the System for Award Management (SAM) database' means that— INmALS& LESSOR GOVERNMENT GSA FORM 35170 PAGE 7(REV 00/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 86 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 87 of 188 Exhibit B (1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2008 (see Subpart 4.141 into the SAM database; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record 'Active. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation 'DUNS' or'DUNS +4' followed by the DUNS or DUNS +4 number that Identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, It should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (I) Via the Internet at httolRedaovAnb.com/webform or if the offeror does not have internal: access, it may call Dun and Bradstreet at 1-888-705-5711 if located within the United Slates; or (it) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (A) Date the company was started. (vii) Number of employees at your location. (Ali) Chief executive officer/key manager. (ix) Une of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). INITIALS: a LESSOR GOVERNMENT GSA FORM 3517B PAGES (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 87 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 88 of 188 Exhibit B (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offerer. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. to Offerors may obtain information on registration at h8os11www.aceuisition.gov. 18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definitions. As used in this clause— 'Data Universal Numbering System (DUNS) number means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. 'Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4 -character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4 -character suffix.) This 4 -character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11 for the same concem. 'Registered In the System for Award Management (SAM) database* means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2008 (see Subpart 4.141, Into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record 'Active'. 'System for Award Management (SAM)' means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance -related processes. It Includes— (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor -submitted annual representations and certifications In accordance with FAR Subpart 4.14: and INlrULS: & LESSOR GOVERNMENT GSA FORM 351713 PAGE 9(REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 88 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 89 of 188 Exhibit B (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the dale of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (1) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change -of -name agreements In subpart 42_12, the Contractor shall provide the responsible Contacting Officer a minimum of one business days written notification of Its intention to— (A) Change the name in the SAM database; (8) Comply with the requirements of subpart 42_12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change -of -name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated In the contract will be considered to be incorrect information within the meaning of the 'Suspension of Payment' paragraph of the electronic funds transfer (EFT) clause of this contract (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, In the SAM record to refiect an assignee for the purpose of assignment of claims (see FAR subpart 32.8 Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractors SAM record that Indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the 'Suspension of Payment' paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun 8 Bradstreet throughout the life of the contract. The Contractor shall commun'Icate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change In the DUNS number does not necessarily require a novation be accomplished. Dun 8 Bradstreet may be contacted (i) Via the Internet at htto:f/fedoov.dnb.comfwebform or if the contractor does not have Internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet once. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acciuisition.gov. 19. 552.270-31 PROMPT PAYMENT (JUN 2011) INn7ALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 10 REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 89 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 90 of 188 Exhibit B The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date— (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the Initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the dale for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month In which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractors invoice is dated, provided a proper invoice is recelved and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (b) Invoice and inspection requirements forpayments other than rent. (1) The Contractor shall prepare and submit an Invoice to the designated billing office after completion of the work. A proper invoice shall include the following items: (i) Name and address of the Contractor. (if) Invoice date. (iii) Lease number. (iv) Government's order number or other authorization. (v) Description, price, and quantity of work or services delivered. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order). (vii) Name (where practicable), lige, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within seven days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due dale and calculation of interest, acceptance will be deemed to occur on the last day of the seven day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the seven days will be counted beginning with receipt of a new Invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. INmALs: a LESSOR GOVERNMENT GSA FORM 35178 PAGE it (REV 0415) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 90 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 91 of 188 Exhibit B (c) Interest Penalty. (1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date. (2) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date. This rate Is referred to as the "Renegotiation Board Interest Rate," and it Is published In the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded In 30 -day Increments inclusive from the first day after the due dale through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than one year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. (d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has otherwise overpaid on a payment, the Contractor shall— (1) Return the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, dale(s) of overpayment); (ii) Affected lease number, (iii) Affected lease line item or sub -line item, if applicable; and (iii) Lessor point of contact. (2) Provide a copy of the remittance and supporting documentation to the Contracting Officer, 20. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) (Applicable to leases over $3,000.) In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial Institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as'the Act'), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise staled in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off. 21. 552.270-20 PAYMENT (MAV 2011) (a) When space is offered and accepted, the amount of American National Standards Institute/Building Owners and Managers Association Office Area (ABOA) square footage delivered will be confirmed by: INITIALSa LESSOR GOVERNMENT GSA FORM 35178 PAGE 12 (REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 91 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 92 of 188 Exhibit B (1) The Government's measurement of plans submitted by the successful Offeror as approved by the Government, and an inspection of the space to verify that the delivered space is in conformance with such plans or (2) A mutual on-site measurement of the space, if the Contracting Officer determines that it is necessary. (b) Payment will not be made for space which is in excess of the amount of ABOA square footage stated in the lease. (c) If it is determined that the amount of ABOA square footage actually delivered Is less than the amount agreed to in the lease, the lease will be modified to refiect the amount of ABOA space delivered and the annual rental will be adjusted as follows: ABOA square feel not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). That is: (1+CAF) x Rate per RSF = Reduction in Annual Rent 22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT refers to the funds transfer and may also Include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either— (i) Accept payment by check or some other mutually agreeable method of payment; or (it) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFTinformation. The Government shall make payment to the Contractor using the EFT Information contained in the System for Award Management (SAM) database. In the event that the EFT Information changes, the Contractor shall be responsible for providing the updated information to the SAM database. (c) Mechanisms for EFTpayment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained In 31 CFR Part 210. (d) Suspension of payment. If the Contractors EFT information in the SAM database Is Incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT Information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractors EFT Information Incorrectly, the Government remains responsible for— . (i) Making a correct payment; INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 13 (REV 00/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 92 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 93 of 188 Exhibit B (ii) Paying any prompt payment penally due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractors EFT information was incorrect, or was revised within 30 days of Govemment release of the EFT payment transaction instruction to the Federal Reserve System, and— (!) If the funds are no longer under the control of the payment office, the Govemment is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Govemment shall not make payment, and the provisions of paragraph (d) of this clause shall apply, (p EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date. provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a pmper assignment of claims acceptable to the Govemment, is Incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability forchange of EFT information by financial agent. The Govemment is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment Information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Govemment may request the Contractor to designate a desired format and method(s) for delivery of payment Information from a list of formats and methods the payment once is capable of executing. However, the Govemment does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Govemment. If the Govemment makes payment by check in accordance with paragraph (a) of this clause, the Govemment shall mail the payment information to the remittance address contained in the SAM database. 23. 52.203.13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (Applicable to leases over35 million and performance period is 120 days or more.) (a) Definitions. As used in this clause— 'Agenr means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. 'Full cooperation'— (1) Means disclosure to the Govemment of the information sufficient for law enforcement to Identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Govemment auditors' and investigators' request for documents and access to employees with information; INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 14 (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 93 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 94 of 188 Exhibit 0 (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. it does not require— (i) A Contractor to waive its attomey-client privilege or the protections afforded by the attorney work product doctrine; or (it) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from— (i) Conducting an internal investigation; or (it) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. 'Principal' means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a division or business segment; and similar positions). 'Subcontract' means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. 'Subcontractor' means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. 'United States; means the 50 States, the District of Columbia, and outlying areas. (b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall— (i) Have a written code of business ethics and conduct; and (it) Make a copy of the code available to each employee engaged in performance of the contract. (2) The Contractor shall— (i) Exercise due diligence to prevent and detect criminal conduct; and (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed— (A) A violation of Federal criminal law Involving fraud, conflict of Interest, bribery, or gratuity violations found In Title 10 of the United States Code; or (B) A violation of the civil False Claims Act (31 U.S.C. 3729-37331. (ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractors disclosure as confidential where the information has been INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 15 (REV 00115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 94 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 95 of 188 Exhibit B marked 'confidential' or 'proprietary' by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii) If the violation relates to an order against a Govemmentwide acquisition contract, a multi -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c) Business ethics awareness and compliance program and Internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial Item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period: (1) An ongoing business ethics awareness and compliance program. (i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities. (ii) The training conducted under this program shall be provided to the Contractors principals and employees, and as appropriate, the Contractors agents and subcontractors. (2) An Internal control system. (i) The Contractors internal control system shall— (A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and (B) Ensurecorrective measures are promptly insfituted and carried out. (ii) At a minimum, the Contractors internal control system shall provide for the following: (A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system. (B) Reasonable efforts not to Include an individual as a principal, whom due diligence would have "posed as having engaged in conduct that is in conflict with the Contractors code of business ethics and conduct. (C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractors code of business ethics and conduct and the special requirements of Government contracting, including— • Monitoring and auditing to detect criminal conduct; • Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct Identified through this process. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 16 (REV 64115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 95 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 96 of 188 Exhibit B (D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and Instructions that encourage employees to make such reports. (E) Disciplinary action for Improper conduct or for failing to take reasonable steps to prevent or detect Improper conduct. (F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, In connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of Interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar Value contract impacted by the Violation. If the violation relates to an order against a Govemmentwide acquisition contract, a mufti -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement Instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers. The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract. • The Government will safeguard such disclosures In accordance with paragraph (b)(3)(ii) of this clause. (G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions. (d) Subcontracts. (1) The Contractor shall include the substance of this clause, Including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days. (2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. 24. 552.270.32 COVENANT AGAINST CONTINGENT FEES (JUN 2011) (Applicable to leases over $150,000 average net annual rental including option periods.) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (b) Bona fitle agency, as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert impmper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts thmugh improper influence. INITIALS : s LESSOR GOVERNMEW GSA FORM 35178 PAGE 17 (REV A115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 96 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 97 of 188 Exhibit B (1) Bona fide employee, as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. (2) Contingent fee, as used in this clause, means any commission, percentage, brokerage, or otherfee that is contingent upon the success that a person or concern has In securing a Government contract. (3) Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 25. 52.203-7 ANTI -KICKBACK PROCEDURES (MAY 2014) (Applicable to leases over $150,000 average net annual rental including option periods.) (a) Definitions. 'Kickback; as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which Is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime contract. 'Person; as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. 'Prime contract; as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. 'Prime Contractor' as used in this clause, means a person who has entered into a prime contract with the United States. 'Prime Contractor employee; as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. 'Subcontract,' as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. 'Subcontractor; as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. 'Subcontractor employee,' as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) 41 U.S.C. chapter 57, Kickbacks, prohibits any person from— (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback In the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. INRRALS s LESSOR GOVERNMENT GSA FORM 35178 PAGE 18 (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 97 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 98 of 188 Exhibit B (c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in Its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract andlor (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(0) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to Incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000. 26. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (Applicable to leases over $150,000 average net annual rental including option periods, as well as to leases of any value awarded to an individual.) (a) Definitions. As used in this clause— "Conlmlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined In regulation at 21 CFR 1308.11 -1308.15. "Conviction" means a finding of guilt (including a plea of nob contendere) or imposition of sentence, or both, by anyjudicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace' means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an Offeror/Contractor that has no more than one employee including the Offeror/Contractor. (h) The Contractor, if other than an individual, shall—within 30 days after award (unless a longer period is agreed to In writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration— (1) Publish a statement notifying Its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractors workplace and specifying the actions that will be taken against employees for violations of such prohibition; INITIALS: 3 LESSOR GOVERNMENT GSAFORM3517e PAGE 19(REVU115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 98 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 99 of 188 Exhibit B (2) Establish an ongoing drug-free awareness program to intone such employees about— (i) The dangers of drug abuse in the workplace; (it)The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will— (i) Abide by the terms of the statement; and (ti)Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(h) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and Including termination; or (ii)Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation pmgmm approved for such purposes by a Federal, State, or local health, law enforcement, or other appmpriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. 27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007) (Applicable to leases over $5 Million and performance period is 120 days or more.) (a) Definition. 'United States; as used in this clause, means the 50 States, the District of Columbia, and outlying areas. (b) Display of fraud hotline poster(s). Except as provided in paragraph (c)— INITIALS: S LE660R GOVERNMENT GSA FORM 3517e PAGE 20 (REV oa151 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 99 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 100 of 188 Exhibit B (1) During contract performance In the United States, the Contractor shall prominently display In common work areas within business segments performing work under this contract and at contract work sites— (I) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster Identified in paragraph (b)(3) of this clause; and (ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. (2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website. (3) Any required posters may be obtained as follows: Poster(s) Obtain from (Contracting Officer shall insert— (i) Appropriate agency name(s) and/or fitle of applicable Department of Homeland Security fraud hotline poster); and (ii) The website(s) or other contact information for obtaining the poster(s).) (c) If the Contractor has implemented a business ethics and conduct awareness program. Including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required In paragraph (b) of this clause, other than any required DHS posters. (d) Subcontracts. The Contractor shall Include the substance of this clause, including this paragraph (d), In all subcontracts that exceed $5,000,000, except when the subcontract— (1) Is for the acquisition of a commercial item; or (2) Is performed entirely outside the United States. 28. 552.27030 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JUN 2011) (Applicable to leases over $150,000 average net annual rental including option periods.) (a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may— (1) Reduce the monthly rental under this lease by five percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover five percent of the rental already paid; (2) Reduce payments for alterations not included in monthly rental payments by five percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of pmfit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178PAGE21(REVU/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 100 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 101 of 188 Exhibit B determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit In person, in writing, or through a representafive, Information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or underthis lease. 29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011) (Applicable when cast or pricing data are required for work or services over $700,000.) (a) If any price, including profit or fee, negotiated In connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount bemuse— (1) The Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the prim or cost shall be reduced accordingly and the contract shall be modified to refiect the reduction. (b) Any reduction in the contract price under paragraph (a) of this clause due to defective data fmm a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor, provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based an an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (1) Except as prohibited by subdivision (c)(2)(h) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and INITIALS : S LESSOR GOVERNMENT GSA FORM 35170 PAGE 22 (REV 041151 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 101 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 102 of 188 Exhibit B (B) The Contractor proves that the certified cost or pricing data were available before the 'as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such dale. (ii) An offset shall not be allowed if— (A) The understated data were known by the Contractor to be understated before the 'as or dale specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the 'as of' date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid— (1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. 30. 552.270-13 PROPOSALS FOR ADJUSTMENT (SEP 1999) (a) The Contracting Officer may, from time to time during the term of this lease, require changes to be made in the work or services to be performed and In the terms or conditions of this lease. Such changes will be required under the Changes clause. (b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to be performed when the cost exceeds $100,000. The proposal, including all subcontractor work, will contain at least the following detail-- etail—(1) (1)Material quantities and unit costs; (2) Labor costs (identified with specific item or material to be placed or operation to be performed; (3) Equipment costs; (4) Worker's compensation and public liability insurance; (5) Overhead; (6) Profit; and (7) Employment taxes under FICA and FUTA. (c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals exceeding $500,000 in cost— (1) The Lessor shall provide cost or pricing data Including subcontractor cost or pricing data (48 CFR 15.4034) and (2) The Lessor's representative, all Contractors, and subcontractors whose portion of the INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE23(REV 09115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 102 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 103 of 188 Exhibit B work exceeds $500,000 must sign and return the "Certificate of Current Cost or Pricing Data" (48 CFR 15.406-2). (d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which costs are allowable, reasonable, and allocable in Government work. 31. CHANGES (MAR 2013) (a) The LCO may at any time, by written order, direct changes to the Tenant Improvements within the Space, Building Security Requirements, or the services required under the Lease. (b) If any such change causes an increase or decrease in Lessor's costs or time required for performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the Lease providing for one or more of the following: (1) An adjustment of the delivery date; (2) An equitable adjustment In the rental rale; (3) A lump sum equitable adjustment; or (4) A change to the operating cost base, if applicable. (c) The Lessor shall assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed. (d) Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government shall not be liable to Lessor under this clause. 32. 552.215.70 EXAMINATION OF RECORDS BY GSA (FEB 1996) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records spedfied in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any looks, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at roles established for uniform applicability to the general public. 33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010) (Applicable to leases over $150,000 average net annual rental including option periods.) (a) As used in this clause, 'records' includes backs, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Examination of costs. If this is a cost -reimbursement, Incentive, time -and -materials, labor -hour, or price re-delerninable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 24 (REV 04!15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 103 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 104 of 188 Exhibit 8 records and other evidence sufficient to reffect prepedy all costs claimed to have been incurred or anticipated to be incurred directly or indirectly In performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. (c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, Including computations and projections, related to— (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the contract, subcontract, or modification; or (4) Performance of the contract, subcontract or modification. (d) Comptroller General -- (1) The Comptroller General of the United Stales, or an authorized representative, shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions. (2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating— (1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and (2) The data reported. (f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition— (1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and— (1) That are cost -reimbursement, incentive, time -and -materials, labor -hour, or price re -determinable type or any combination of these; (2) For which certified cost or pricing data are required; or INnIALs: s LESSOR GOVERNMENT GSA FORM M17B PAGE 25(REV "15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 104 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 105 of 188 Exhibit B (3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause. The clause may be altered only as necessary to identify property the contracting parties and the Contracting Officer under the Government prime contract. 34. 52.233-1 DISPUTES (MAY 2014) (a) This contract is subject to 41 U.S.0 chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.0 chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) 'Claim; as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.0 chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.0 chapter 71. The submission may be converted to a claim under 41 U.S.0 chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: 'I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.' (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (p The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.0 chapter 71. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517BPAGE 26(REV04I15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 105 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 106 of 188 Exhibit 8 (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the dale that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201. Interest shall be paid from the dale that the Contracting Officer Initially receives the claim. Simple interest on claims shall be paid at the rete, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. 35. 52.222-26 EQUAL OPPORTUNITY (MAR 2007) (a) Definition. 'United States; as used in this clause, means the 50 Stales, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value In excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractors activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, In connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated tluring employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited tc— (i) Employment; (it) Upgrading; (iii) Demotion; (iv) Transfer, (v) Recruitment or recruitment advertising; (vi) Layoff or termination; INITIALS: a LESSOR GOVERNMENT GSA FORM3517B PAGE27(REV0O15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 106 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 107 of 188 Exhibit B (vii) Rates of pay or other forms of compensation; and (viii) Selection for training. Including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractors commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (B) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any backs, accounts, records (including computerized records), and other material that may be relevant to the matter under Investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that Implement the Executive Order. (9) If the OFCCP deternlnes that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be Imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the miss, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor Issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter Into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) INITIALS: a LESSOR GOVERNMENT GSA FORM 35176 PAGE 28 (REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 107 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 108 of 188 Exhibit B (a) 'Segregated facilities; as used in this clause, means any waiting looms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated an the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. - (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit Its employees to perform their services at any location under Its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 37. 52.219-28 POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (Applicable to leases exceeding 83,000.) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not Include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8 Option to Extend Services, or other appropriate authority. Small business concern means a concem, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concem isnot dominant in Its field of operation' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concems are primarily engaged. In determining whether dominance exists, consideration shall be given to all appmpdale factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concem prior to award of this contract, the Contractor shall rempresent its size status according to paragraph (e) of this clause or, If applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to Include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to Include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (I) Within 60 to 120 days prior to the end of the fifth year of the contract; and INITIALS: a LESSOR GOVERNMENT GSA FORM 351]8 PAGE 29 (REV 01115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 108 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 109 of 188 Exhibit B (ii) within 60 to 120 days prior to the dale specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.govlwntent/table-small-business-size-standards. (d) The small business size standard far a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (1) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications In SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentalion and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it a is, D is not a small business concern under NAICS Code assigned to contract number (Contractorto sign and date and insert aulhorizetl signer's name and title]. 38. 52.222J5 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (Applicable to leases over $100,000.) (a) Definitions. As used in this clause— 'Active duty wartime or campaign badge veteran; 'Armed Forces service medal veteran; 'disabled veteran; 'protected veteran; 'qualified disabled veteran,' and "recently separated veteran' have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall Insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Pmgrams, to enforce the terms, including action for INITIALS: 8 LESSOR GOVERNMENT GSA FORM M178 PAGE 3a(REV 00/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 109 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 110 of 188 Exhibit B noncompliance. Such necessary changes in language may be made as shall be appropriate to identify property the parties and their undertakings. 39. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014) (Applicable to leases over $15,000.) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified Individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director. Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, Including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to Identify property the parties and their undertakings. 40. 52.222-37 EMPLOYMENT REPORTS VETERANS (JUL 2014) (Applicable to leases over $100,000.) (a) Definitions. As used in this clause, 'Aimed Forces service medal veteran; 'disabled veteran,' active duty wartime or campaign badge veteran; and 'recently separated veteran; have the meanings given in FAR 22.1301. (b) Unless the Contractor is a Stale or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on— (1) The total number of employees in the contractors workforce, by job category and hiring location, who are disabled veterans, other protected veterans (i.e., active duty wartime or campaign badge veterans), Armed Forces service medal veterans, and recently separated veterans; (2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans (i.e., active duty wartime or campaign badge veterans), Armed Forces service medal veterans, and recently separated veterans; and (3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report - (c) The Contractor shall report the above items by completing the Form VETS -100A, entitled 'Federal Contractor Veterans' Employment Report (VETS -1 OOA Report).' (d) The Contractor shall submit VETS-t00A Reports no later than September 30 of each year. (e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12 -month period preceding the ending date selected for the report. Contractors may select an ending date— (1) As of the end of any pay period between July 1 and August 31 of the year the report Is due; or INITIALS: a LESSOR GOVERNMENT GSA FORM 3517BPAGE31(REVOU15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 110 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 111 of 188 Exhibit B (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Form 100). (f) The number of veterans reported must be based on data known to the contractor when completing the VETS -100A. The contractor's knowledge of veterans status maybe obtained in a variety of ways, including an invitation to applicants to seg -identify (in accordance with 41 CFR 60-300.42), voluntary self -disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212. (g) The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 41- 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013) (Applicable to leases over $30,000.) (a) Definition. 'Commercially available oft -the -shelf (COTS)' item, as used In this clause— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101; (ii) Sold In substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, In the same form In which it Is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products. (b) ' The Government suspends or debars Contractors to protect the Government's Interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter Into any subcontract, in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred. suspended, or proposed for debarment by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering Into a subcontract with a party (other than a subcontractor providing a commercially available off- the-shelf item) that Is debarred. suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must Include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. INITIALS: a LESSOR GOVERNMENT GSA FORM 3517B PAGE 32 (REV 04/151 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 111 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 112 of 188 Exhibit B (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor In view of the specific basis for the party's debarment, suspension, or proposed debarment. (e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that— (1) Exceeds $30,000 in value; and (2) Is not a subcontract for commercially available off-the-shelf items. 42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010) (Applicable if over $700,000.) (a) Before awarding any subcontract Expected to exceed the threshold for submission of certified cost or pridng data at FAR 15.4034, on the date of agreement on price or the dale of award, whichever is later, or before pridng any subcontract modification Involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.4034, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to Include any information reasonably required to explain the subcontractors estimating process such as the judgmental factors applied and the mathematical or other methods used In the estimate, Including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1 applies. (b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.408-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the dale of agreement on the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of certified cost or pricing data at FAR 15.4034, when entered Into, the Contractor shall insert either— (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of certified cost or pricing data for the subcontract; or (2) The substance of the clause at FAR 52.215-13, Subcontractor Certified Cost or Pricing Data— Modifications. 43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (Applicable to leases over $150,000 average net annual rental Including option periods.) (a) Definitions. As used in this contract— 'HUBZone small business concern' means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. 'Service -disabled veteran -owned small business concem'— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or mare service -disabled veterans; and INITIALS: & LESSOR GOVERNMENT GSA FORM M17B PAGE 33(REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 112 of 188 AGENDA ITEM #13.8,1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 113 of 188 Exhibit 8 (it) The management and daily business operations of which are controlled by one or more service - disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C. 101 (2) with a disability that is service -connected, as defined in 38 U.S.C. 101061. 'Small business concern' means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. 'Small disadvantaged business concem', consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (I) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (it) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking Into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. 'Veteran -owned small business concern' means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101 2) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owed by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. 'Women -awned small business concem' means a small business concern— (1) That is at least 51 percent owned by one or more women, or, in the rase of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) It Is the policy of the United States that small business concerns, veteran -owned small business concems, service -disabled veteran -owned small business concerns, HUBZone small business concems, small disadvantaged business concerns, and women -owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran -owned small business concems, service -disabled veteran -owned small business concerns, HUBZone small business concems, small disadvantaged business concerns, and women -owned small business concerns. INmALs: a LESSOR GOVERNMENT GSA FORM 351713PAGE 34 (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 113 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 114 of 188 Exhibit B (c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (d) (1) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concem, a veteran -owned small business concem, a service -disabled veteran -owned small business concem, a small disadvantaged business concem, or a women -owned small business mncem. (2) The Contractor shall confine that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management database or by contacting the SBA. Options for contacting the SBA Include— (/) HUBZone small business database search application web page at htto:/idsbs.sba.aov/dsbsiseamtVdsp searchhubzone.cfm: orhtto://www.sba.00v/hubzone,, (it) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416; or (iii) The SBA HUBZone Help Desk at hubzone(gDsba.gov. 44. 52.219.9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) ALTERNATE III (OCT 2014) (Applicable to leases over $650,000.) a) This clause does not apply to small business concems. (b) Definitions. As used in this clause— 'Alaska Native Corporation (ANC)' means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, Joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). 'Commercial Item' means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. 'Commercial plan' means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g.. division, plant, or product line). 'Electronic Subcontracting Reporting System (eSRS)' means the Govemmentwide, electronic, web -based system for small business subcontracting program reporting. The eSRS is located at http:lAvww.esm.gov. INITIALS: a LESSOR GOVERNMENT GSA FORM 35179 PAGE %(REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 114 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 115 of 188 Exhibit B 'Indian tribe' means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Silks, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 at seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian -owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). 'Individual contract plan' means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offerors planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. 'Master plan' means a subcontracting plan that contains all the required elements of an Individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. 'Subcontract' means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contract ng Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran -awned small business, service -disabled veteran -owned small business, HUBZone small business concems, small disadvantaged business, and women -owned small business concems. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran -awned small business, service - disabled veteran -awned small business, HUBZone small business, small disadvantaged business, and women - owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offemes subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran -awned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns as subcontractors. The offeror shall include all sub -contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U-S.C. 1626: (i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe. (ii) Where one or more subcontractors are In the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals. (A) In most rases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 38 (REV 04115) Resolution No. FY2O16-33 Approving a Lease Agreement Between... Page 115 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 116 of 188 Exhibit B (B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (D) If the Contracting Officer does not receive a copy of the ANUS or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor. (2) A statement of— (i) Total dollars planned to be subcontracted for an individual contract plan; or the offerors total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (it) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes); (iii) Total dollars planned to be subcontracted to veteran -owned small business concerns; (iv) Total dollars planned to be subcontracted to service -disabled veteran -owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and (vii) Total dollars planned to be subcontracted to women -owned small business concems. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to— (I) Small business concerns; (ii) Veteran -owned small business concerns; (iii) Service -disabled veteran -owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concems; and (vi) Women -owned small business concems. INITIALS. B LESSOR GOVERNMENT GSA FORM 3517B PAGE 37 (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 116 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 117 of 188 Exhibit B (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women owned small business trade associations). A firm may rely on the Information contained in SAM as an accurate representation of a concem's size and ownership characteristics for the purposes of maintaining a small, veteran -owned small, service -disabled velemn-owned small, HUBZone small, small disadvantaged, and women -owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (I) Small business concems (including ANC and Indian tribes); (ii) Veteran -owned small business concems; (iii) Service -disabled veteran -owned small business concems; (iv) HUBZone small business concems; (v) Small disadvantaged business concems (including ANC and Indian tribes); and (vi) Women -owned small business concems. (7) The name of the individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (S) A description of the efforts the offeror will make to assure that small business, veteran -owned small business, service -disabled veteran owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concems have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause of this contract entitled 'Utilization of Small Business Concerns' in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concems) that receive subcontracts in excess of $650,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the offeror wilti (i) Cooperate in any studies or surveys as may be required; INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3517B PAGE 38 )REV O4115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 117 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 118 of 188 Exhibit 8 (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (iii) Submit Standard Form (SF) 294 Subcontracting Report for Individual Contract in accordance with paragraph (1) of this clause. Submit fie Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://vnvw.esrs.gov. The reports shall pmvide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran -owned small business concerns, service -disabled veteran -owned small business concerns, HUBZone small business concems, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women -owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; and (iv) Ensure that its subcontractors with subcontracting plans agree to submit the SF 294 in accordance with paragraph (1) of this clause. Ensure that Its subcontractors with subcontracting plans agree to submit the SSR in accordance with paragraph (I) of this clause using the eSRS. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offerors efforts to locale small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concems and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): (i) Source lists (e.g., SAM), guides, and other data that Identify small business, veteran -owned small business, service -disabled veteran -awned small business, HUBZone small business, small disadvantaged business, and women -awned small business wncems. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, or women -owned small business concems. (iii) Records on each subcontract solicitation resulting in an award of more than $150,000, indicating— (A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran -awned small business concems were solicited and, if not, why not; (C) Whether service -disabled veteran -owned small business wncems were solicited and, if not, why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business wncems were solicited and, if not, why not; (F) Whether women -owned small business wncems were solicited and, If not, why not; and INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 39 (REV 04115) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 118 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 119 of 188 Exhibit B (G) If applicable, the reason award was not made to a small business concem. (iv) Records of any outreach efforts to contact— (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locale small, HUBZone small, small disadvantaged, and women - owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the pmgmm's requirements. (v(I) On a contract -by -contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran -awned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concems by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concems. Where the Contractor's lists of potential small business, veteran - owned small business, service -disabled veteran -owned small business. HUBZone small business, small disadvantaged business, and women -owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concems an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran -owned small business, service -disabled veteran -awned small business, HUBZone small business, small disadvantaged business, and women -awned small business concems in all'make-or-buy decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran - owed small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA. (5) Pmvide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran -owned small business, HUBZone small, small disadvantaged, or women -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3517B PAGE 40 (REV Nil S) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 119 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 120 of 188 Exhibit B (6) For all competitive subcontracts over the simplified acquisition threshold In which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract. (f) A master plan on a plant or division -wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be Incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided— (1) The master plan has been approved; (2) The offeror ensures that the master plan is updated as necessary and provides coples of the approved master plan, including evidence of its approval, to the Contracting Officer, and (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth In the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing Subcontract plan. Q) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial Item subject to the clause at 52.244-6 Subcontracts for Commercial Items, under a prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled'lltilization Of Small Business Concerns; or (2) An approved plan required by this clause, shall be a material breach of the contract. (1) The Contractor shelf submit a SF 294. The Contractor shall submit SSRs using the web -based eSRS at http:/Aw .esm.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by INITIALS' & LESSOR GOVERNMENT GSA FORM M17B PAGE41(REVW15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 120 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 121 of 188 Exhibit B prime Contractors and subcontractors shall be limited to awards made to their immediate next -tier subcontractors. Credit cannot be taken for awards made to lower her subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the U.S. or Its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas. (1) SF 294. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan. For prime contractors the report shall be submitted to the contracting officer, or as specified elsewhere in this contract. In the case of a subcontract with a subcontracting plan, the report shall be submitted to the entity that awarded the subcontract. (i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. (ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the curtent option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (2) SSR. (i) Reports submitted under individual contract plans— (A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departmentslagencies and/or subcontracts awarded by DOD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DOD component. (D) For DOD and NASA, the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve-month period ending September 30. Reports are due 30 days after the close of each reporting period. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. INITIALS: a LESSOR GOVERNMENT GSA FORM 35175 PAGE 42 (REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 121 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 122 of 188 Exhibit B (F) The authority to acknowledge or reject SSRs in the eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract. (ii) Reports submitted under a commercial plan— (A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. 45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $650,000.) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan; or willful or Intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has Nailed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan;' the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contmctofs failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c ) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall Issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35198 PAGE 43 (REV [Mn5) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 122 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 123 of 188 Exhibit B (1) Liquidated damages shall be in addition to any other remedies that the Government may have. 46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (Applicable if over 825,000.) (a) Definitions. As used in this clause: 'Executive means officers, managing partners, or any other employees in management positions. 'First-tier subcontract' means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractors supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractors general and administrative expenses or indirect costs. 'Months of award' means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. 'Total compensation' means the cash and noncash dollar value earned by the executive during the Contractors preceding fiscal year and includes the following (for more Information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock. stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation - Stock Compensation. (3) Earnings forservices undernonequity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation which is not tax -qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life Insurance paid on behalf of the employee, perquisites or property) for the executive exceeds 810,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor Is responsible for notifying its subcontractors that the required information will be made public. (c) Nothing in this clause requires the disclosure of classified information NmALS 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 44 (REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 123 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 124 of 188 Exhibit B (d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.55; 2�, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if— (i) In the Contractor's preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other fors of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a). 78o(d)) or section 8104 of the Internal Revenue Code of 1988. (To determine if the public has access to the compensation information, we the U.S. Security and Exchange Commission total compensation filings at htto://www.sec.gov/answers/execomo.htm.) (2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at htto://w .fsm.gov for that first-fier subcontract. (The Contractor shall follow the instructions at htto,//www.fsm.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, Including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractors physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. (viii) Subcontractors primary performance location Including street address. city, stale, and country. Also include the nine -digit zip code and congressional district. (Ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Govemment contracting office code. (xili) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 45 (REV O415) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 124 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 125 of 188 Exhibit B (3) Executive compensattoin of the first-tier subcontractor Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractors preceding completed fiscal year at hlto://www.fsrs.00v , If— (I) In the subcontractors preceding fiscal year, the subcontractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other fors of Federal financial assistance; and (8) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other fors of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, we the U.S. Security and Exchange Commission total compensation filings at htio:t/www.sec.gov/answerslexemmp.htm I (e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (Q The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract Is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross Income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at htio:/Aw .fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS Information Is Incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. iur'IFLS _ _ s ,ESSOR GOVERNMENT GSA FORM M17B PAGE 46 (REV 04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 125 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 126 of 188 Exhibit C REPRESENTATIONS AND CERTIFICATIONS Request for Lease Dated (Acquisition of Leasehold Interests in Real Property) Proposals Number 5AK0353 Complete appropriate boxes, sign the form, and attach to offer The Offeror makes the following Representations and Certifications. NOTE: The "Offerer," as used on this form, is the owner of the property offered, not an individual or agent representing the owner 1. 52.219-1 -SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) (a) Definitions. As used in this provision— 'Economically disadvantaged women -owned small business (EOWOSB) concem' means a small business concem that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women -owned small business concem eligible under the WOSS Program. 'Service -disabled veteran -awned small business concem'— (1) Means a small business concem— (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicy owned business, not less than 51 percent of the stock of which Is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) 'Service -disabled veteran' means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(18). 'Small business concem' means a concem, including its affiliates, that is Independently owned and operated, not dominant in the field of operation in which it Is bidding on Government contracts, and qualified as a small business under the criteria In 13 CFR Part 121 and the size standard in paragraph (b) of this provision. 'Small disadvantaged business concem; consistent with 13 CFR 124.1002, means a small business concem under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantagedas defined at 13 CFR 124.104) indmduals who are citizens of the UniteJ States, and (it) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.108) by Individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. INITIALS'. a LESSOR GOVERNMENT GSA FORM 3519 PAGE 1 (REV 0 Q015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 126 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 127 of 188 Exhibit C 'Veteran -owned small business concern' means a small business concem— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101 (2)) or, in the rase of any publicly owned business, not less than 51 percent of the stock of which is awned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. 'Women -awned small business concern' means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the was of any publicly owned business, at least 51 percent of the stock of which Is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. 'Women -owned small business (WOSB) concern eligible under the WOSS Program' (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (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. (c) Representations. (1) The offeror represents as part of its offer that it [ ] is, ( ] is not a small business concern. (2) (Complete only if the oNeror represented itself as a small business concern in paragraph (c)(1) of this provision. ] The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offerorrepresented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that It ` ] Is, [ ] is not a women -owned small business concem. (4) Women -owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the olferor represented itself as a women -owned small business concern inparagraph (c)(3) of this provision. ] The offeror represents as part of its offer that— (i) It [ 1 is, [ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It f 1 is, [ ] Is not a joint venture that complies with the reggqqquxements of 13 CFH 127, and the representation In paragraph (c)(4I I) of this part provision is accurate for each WOSB concern eligible under the r SB Program participating in the joint venture. [The offeror shall enter the name or names of the WON concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each INMALe a LESSOR GOVERNMENT GSA FORM 3518 PAGE 2 (REV W12015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 127 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 128 of 188 Exhibit C WOSB concern eligible under the WOSB Program ppar icippating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women -owned small business (EDWOSB) mncem. (Complete only if the offerorrepresented itself as a women -owned small business concem eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that— (i) It [ ] is, [ Is not an EDWOSB concern eligible under the WOSB Program, has provi ed all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been Issued that affects its eligibility; and Cf 1 (t) itis, [ ] is not a joint venture that complies with the reqquirements of 13 127, and the representation in this pad paragraph (c)(5j(i) of provision is aaurate for each EDWOSB concern participating in the 11olnt venture. (The offeror shall enter the name or names of the EOWOSB concern and other small businesses that are participating in the joint venture: . ] Each EDWOSB concern participating Pn the joint venture shall su ml -6 t a — Separate signed copy of the EDWO B representation. (6) [Complete onif the offerorrepresented itself as a small business concern in paragraph (c) 1) of this provision] The offeror represents as part of its offer that it [ ]_� Is, ` ):., is not a veteran -owned small business wncem. (7)Complete only if the offe orrepresented itself as a veteran -owned small business concern in paragraph (c)(6) of this provision The offeror represents as part of its offer that it [ ] is, [ ] Is not a service -disable veteran -owned small business concern. (8) (Complete only if the offerormpresented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as pad of its offer, that— (i) It (] is, [ J is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes In ownership and control, principal once, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (it) It [ J is, [ J is not a HUBZone joint venture that complies with the re ulrements of 13 CFR Part 126, and the representation in paragraph (c) 8j(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concernsparticipating in the HUBZone joint venture: ] Each HUBZone small husiness mncem participating In the RURYone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in pad, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), anyperson who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service - disabled veteran -awned small, economically disadvantaged women -owned small, or women -owned small eligible under the WOSB Program m order to obtain a contract to be awarded under the preference pmgrams established pursuant to section 8, e, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— INRLILS: 8 LESSOR GOVERNMENT GSA FORM 3518 PAGE 3(REV (N12015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 128 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 129 of 188 Exhibit C (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. 2. 52.2045 - WOMEN -OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) (a) Definition. 'Womenowned business concem; as used in this provision, means a concem that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51percent of its stock is Owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. (Complete only if the offeror is a womenowned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it [ ] is a women -awned business concern. 3. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable when the estimated value of the acquisition exceeds 810,000) The Offeror represents that— (a) It [ ] has, [ ] has not padiclaled in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed be before subcontractors, will obtained subcontract awards. (Approved by OMB under Control Number 1215-0072.) 4. 52.222.25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable when the estimated value of the acquisition exceeds $10,000) The Offeror represents that— (a) It [ ] has developed and has on file, [ ] has not developped and does not have on Ole, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ I has not previously had contracts sub act to the written affirmative action programs requirement of the rules and regulations o the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.) S. 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 C of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74, and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L. 113-46) none of t e funds made available by the Continuing Appropriations Act, 2014 may be used to enter into a contract action with any corporation that— INITIALS a LESSOR GOVERNMENT GSA FORM 3518 PAGE 4 tREV 04=15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 129 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 130 of 188 Exhibit C (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 [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid In a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months. 6. 52.203-02. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition threshold) (a) The Offeror certifies that— (1) The prices in this offer have been arrived at Independently, without. for the purpose of restricting competition, any consultafion, communication, or agreement with any other Offeror or competitor relating to (I) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, direct] y or indirectly, to any other Offeror or competitor before bid opening (in the rase of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law, and (3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is theparson in the Offerors organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not in participate any action contrary to subpamgmphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [Insert full name of person(s) in the emrs organization responsible for detennining the prices offered in this bid or proposal, and the title of his or her position in the Offerors organization]; INmALS: s LESSOR GOVERNMENT GSA FORM 3518 PAGE 5 (REV CM015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 130 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 131 of 188 Exhibit C (ii) As an authorized agent, does certify that the pnncipals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in action contrary to subparagraphs (a)(1) through (a)(3) above. (a)(2) above, the must furnish with its (c) If the Offeror deletes or modifies subparagraph Offeror offer a signed statement setting forth in detail the urcumstances of the disclosure. 7. 52.20341 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (Applicable when the estimated value of the acquisition exceeds $100,000) (a) Definitions. As used in this provision—'Lobbying contact' has the meaning provided at 2 U.S.C. 1802(8). The terms 'agency,* 'influencing or attempting to influence; 'officer or employee of an agency; 'person; 'reasonable compensation, and 'regularly employed' are defined in the FAR clause of this solicitation entitled 'Limitation on Payments to Influence Certain Federal Transactions' (52.203-12). (b) Prohibition. The prohibition and exceptions contained In the FAR clause of this solicitation entitled'Limitabon on Payments to Influence Certain Federal Transactions' (52.203-121 are hereby incorporated by reference in this provision. (c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officeror employee of Congress, Oran employee of a Member of Congress on its behalf in connection with the awarding of this contract. (d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly -employed officers or employees of the offeror to wham payments of reasonable compensation were made. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering Into this contract imposed byy 31 U.S.C. 1352.Any person who makes an expenditure under this or who fails to file or amend the disclosure prohibited provision required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 8. 52.209.5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2610) (Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition threshold) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals— (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes INmArS: s LES60R GOVERNMENT GSA FORM 3510 PAGE 6(REV 04215) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 131 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 132 of 188 Exhibit C relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal lax laws, or receiving stolen property (if offeror checks'have% the offeror shall also see 52.209-7 if Included in this solicitation); (C) Are [ 1 are clot [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (0) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: _ (i) The fax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (it) The taxpayeris delinquent in making payment. A taxpayer Is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (it) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been Issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely wmALS a LESSOR GOVERNMENT GSA FORM 3518 PAGE Y (REV 092815) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 132 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 133 of 188 Exhibit C payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. IN) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 382 (the Bankruptcy Code). (it) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) 'Principal; for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United Stales Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items inparagraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered In connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification orpmvide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror Is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. 9. 52.222-38 - COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 39 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.22252.222-3oyment Reports on Veterans), it has submitted the most recent VETS-t00A by epert required that clause. 10. 52.225-20 - PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision— 'Business operations' means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. 'Marginalized populations of Sudan- means— INMALS: & LESSOR GOVERNMENT GSA FORM 3518 PAGE a(REV U/2015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 133 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 134 of 188 Exhibit C (1) Advera affected groups in regions authorized to receive assistance under section 5(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 otP ; and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. 'Restricted business operations' means business operations in Sudan that Include power production activities, mineral extraction activities, ail -related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not Include business operations that the personas that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; S2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Contra in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (0) Have been voluntarily suspended. (b) Certification. By submission of its offer, the offeror cerfifies that the offeror does not conduct any restricted business operations in Sudan. 11. 52.225-25 - PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012) (a) Definitions. As used in this provision— 'Person'— (1) Means— (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described In paragraph (1)(ii) of this definition; and (2) Does not Include a government or governmental entity that is not operating as a business enterprise. echnology— 'Sensitive technology'— (1) (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and INITIALS: & LESSOR GOVERNMENT GSA FORM 3518 PAGE 91REV N20151 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 134 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 135 of 188 Exhibit C (2) Does not include information or informational materials the export of which the President S not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act(50 U.S.C. 1702(b)(3)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106Ostate.OoV. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.7034 by submission of its offer, the offemr— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and anyparson owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Trans Revolutionary Guard Carps or any of Its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emer9envy Economic PowersAct(50 U.S.C. OFAC's Specially Designated Nationals 1701 at seq.) (see and Blocked Persons List at http://www.treasury.gov/ofac/downloadsttllsdn.Dd . (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply If— (1) This solicitation Includes a trade agreements notice or certification (e.g., 52.2254, 52.225-6 52.225-12, 52.225-24 or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. 12. 52.204.3 -TAXPAYER IDENTIFICATION (OCT 1999) (a) Definitions. 'Common parent; as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member. 'Taxpayer Identification Number (TIN); as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All Offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 25 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resuking contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the Offeror to furnish the intonation may result In a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN. INmALS: 4 LESSOR GOVERNMENT GSAFORM351e PAGE 10(11EVO 15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 135 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 136 of 188 Exhibit C (d) Taxpayer Identification Number(TIN). [ ] TIN: [ ] TIN has been applied for. TIN is not required because: E ]] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have Income effectively connected with the conduct of a trade or business in the United Stales and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; I 1 Offeror is an agency or instrumentality of the Federal government; (e) Type of organization. [ ] Sole proprietorship; ] Government entity (Federal, State, or local); Partnership;]] Foreign government; E]] Corporate entity (not tax-exempt); [ International organization per 25 CFR 1.0049- 4; [ ]Corporate entity (tax-exempt); [ ]Other (f) Common Parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name TIN - 13. 52.204-5 – DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013) (a) Definition. 'Data Universal Numbering System (DUNS) number, as used in this provision, means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to Identify unique business entities, which is used as the identification number for Federal Contractors. (b) The offeror shall enter, In the block with Its name and address on the cover page of Its offer, the annotation 'DUNS' or'DUNS+4• followed by the DUNS number or'DUNS+4' that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for Identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart32.111 for the same concem. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) Via the Internet at httmilfednov.dnb.com/webform or if the offeror does not have Internet access, it may call Dun and Bradstreet at 1-505-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offemr should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet once. (2) The offeror should be prepared to pmvide the following information: (i) Company legal business name. (it) Tradestyle, doing business, or other name by which your entity Is commonly recognized. (iii) Company physical street address, city, state and ZIP Code. (iv) Company mailing address, city, stale and ZIP Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. INMALS: a LESSOR GOVERNMENT GSA FORM 3518 PAGE 11 (REV 042015) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 136 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 137 of 188 Exhibit C (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). 14. DUNS NUMBER (JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide its DUNS Number as part of this submission: DUNS # 15. SYSTEM FOR AWARD MANAGEMENT (APR 2015) The System for Award Management (SAM) is a centrally located, searchable database which assists in the development, maintenance, and pmvision of sources for future procurements. The Offeror must be registered in the SAM pprior to Lease award, unless a later registration date is permitted by the RLP and Lease. The Offeror shall register via the Internet at haps.//www.sam.aov. To remain active, the Offeror/Lessor Is required to update or renew its registration annually. [ ] Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award [ ] Will Activate Registration and Submit Copy to the Government within 30 days after Lease Award (only applies to Disaster Leases using GSA Form 3517D) OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) TELEPHONE LEGALLY AUTHORIZED NUMBER REPRESENTATIVE Signature Dale INmALS: a LESSOR GOVERNMENT GSA FORM 3518 PAGE 12 (REV NW15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 137 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 138 of 188 Exhibit D ADDENDUM to the System for Award Management (SAM) Request for Lease Dated REPRESENTATIONS AND CERTIFICATIONS (Acquisitions Proposals Number of Leasehold Interests in Real Property) 5AK0353 Complexe appropriate boxes, sign the to=, and attach to offer. The Oftener makes the following additional Representations. NOTE.., The "Offeror,' as used on this toren, 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 36.5 Million in annual average gross revenue of the cencem for the last 3 fiscal years. (3MThesmall business size standard for a concern which submits an offer in its own name, er than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) The System for Award Management (SAM) is a centrally located, searchable database which assists in the development maintenance, and provision of sources for future procurements. The Offeror, by signing this addendum, hereby certifies he is registered in SAM. [ ] 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 cellecting 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 [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or GSA FORM 3516 -SAM PAGE 1 (04/15) Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 138 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 139 of 188 Exhibit D 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. 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Resolution No. »,EsaApproving aLea e Agreement Between... &@,45 of 188 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 146 of 188 EAt ibis G GENERAL SERVICES ADMINISTRATION IsouuralaN imaiFIRE sARmsl 2s)ntiYErrt petE PUBLIC BUILDING SERVICE LESSCMi5 ANMIN. COST STATEH@LT I. gEMALMEA 100. ii.1 NEMIRE ONLPNG iO.Y] IB.lFA6Ep BYGVV! BAW n1i0.0x NWNV rMYE ANTI 11b.WM W. YaR. /YxpcoYl RWY IIYwW MYM GnY. ]01 Rafaaltll Can Rofat AR NLIFtlM SKiION 1- ESTIMATED ANNUAL COST OF SERVICES AND MLRIES FURNISHED 0Y 1E550R AS PART OF RENTAL O]NSIDERATION SERVICES AND UTILITIES LESSOR'S ANNUAL DOST FOR FOR GOVERNMENT USE ONLY I.I ENiIRE aUILaNG Ie1GD✓f.IFwsm AREA Imx rs lx A. QENiING, JAMipi AND/IXi CHAIR SERVICE 5 SALMIEs fi. SUPPLIES (War, IXaners, Barrs, eK) jJg 25$ 2 mnigALT s[avlEEs (wiYaw.aanux wa..afwrwm.Yl 5]61] 41 .39 S. HEATING A SALAwEs I FpEL dL z ca.L ELEc- i=,946W.50 3(•x �1 tRlc Is s1st6Y unnrtd4xcE un REPNR 9^4I 6958 G E1Fi"fWfAL ISI i^� II4,0?I II. dIgNEM fOR UGNi µp Po WER (+.EWbp a/evaNrs) 12 REPIA[EYEM CFBVIHe, iII6E5, 6rAgiEgO Rip Gill Il POWER FOR SPECUL EQUIPMENT p N. SSTEM WVHLENµEE µDRE➢N0.(9albs6, Mn.ns, eK) 5 137 3 IRIS D. PLUMBING 8,328 6,27I is wnieR fio. auPupmol (+/blme sewage doges) IS SVMIES f5ay, [oneh, fttsu6 no[N6aEa ✓e/ )J 56 11 SYSTEM 4NHtEl4NLE ANI REPNR I'll, ' EAIR CONDITIONING 801 605 IS VrIL1r1E5 (IrclWe eled.ti[y, llm[In Lll) IB SYSTEM MAINiE14NLE AND REPAIR , UP, F. ElEVATO0.5 0 A SCLANES fPombrs, ztMeri, eK) TITLE SIGNATURE 31 6Y61EY MAI41E1NNCE AIO flEPNR ^pJl 1,529 lab LC ISa. G. MISCELLANEOUS lie IMeiNnr arrrcWaeaalwM I62,301 114.610 II. Sally b II &Wnp Fq�av sW eWM be'lYl]r�p IL�mablu 214anM�vu 4�v.c ])0euu,i � ErrpTeas lsC. 2I. sEaRltt fwMClmm, v✓uas. /IaslanNnl ^J IR 2a.0KlrLL OELVNiY tAFASL NCYiRYENS CWPENSa.LION IN0 13199 10 ,007 $3. UNN µD WIDSUPING 4AIMIEIUICE 1795 1,311 n l-In.uaL.EF4. al 3O,563 23 .0I4 zs DmEq le.PaR ao sePnart sneer o 17 17 TOTAL 60^339 451561 SECTION II - ESTIMATED ANNUAL COST OF OWNER911P IXCLUSIVE OF CAPITAL CTIARGFS 29 REALEstFiE iALE W BULDING 4NMEINNCE A1O0.E0ERYE0 fOR REPIACEYENi '46910i JG950 I85857 ]I IFAOE CONYIS6ION 33 WlNGEYENf FEE 79,7191 GR pRR 33. TOTAL 33G,W8 345,867 - ulw M�ms�a mreru w Ia. SICVYIVRE 6 GMIER LEGALAGEHi w mm m•s. oar reap TYPED NAME AND laav IGval Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 146 of 188 TITLE SIGNATURE GATE lab LC ISa. 150. lsC. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 146 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 147 of 188 SECURITY REQUIREMENTS - FACILITY SECURITY LEVEL I THESE PARAGRAPHS CONTAIN SECURITY REQUIREMENTS, AND, UNLESS INDICATED OTHERWISE, ARE TO BE PRICED AS PART OF THE BUILDING SHELL. WHERE THEY ARE IN CONFLICT WITH ANY OTHER REQUIREMENTS ON THIS LEASE, THE STRICTEST SHALL APPLY. DEFINITIONS: CRITICAL AREAS - The areas that house systems that if damaged or compromised could have significant adverse consequences for the facility, operation of the facility, or mission of the agency or its occupants and visitors. These areas may also be referred to as "limited access areas," "restricted areas," or "exclusionary zones." Critical areas do not necessarily have to be within Government -controlled space (e.g., generators, air handlers, electrical feeds which could be located outside Government -controlled space). SENSITIVE AREAS — Sensitive areas include vaults, Sensitive Compartmented Information Facilities (SCIFs), evidence rooms, war rooms, and sensitive documents areas. Sensitive areas are primarily housed within Government -controlled space. FACILITY ENTRANCES, LOBBY, COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS. FACILITY ENTRANCES AND LOBBY EMPLOYEE ACCESS CONTROL AT ENTRANCES (SHELL) The Lessor shall provide key or electronic access control for the entrance to this building. All Government employees, under this lease, shall be allowed access to the leased space (including after-hours access). COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS. PUBLIC RESTROOM ACCESS The Government reserves the right to control access to public restrooms located within the Space. SECURING CRITICAL AREAS The Lessor shall secure areas designated as Critical Areas to restrict access, Security Requirements (Level 1) (REV 4/10/13) Page 1 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 147 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 148 of 188 A. Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas. Additional controls for access to keys, keycards, and key codes shall be strictly maintained. The Lessor shall develop and maintain accurate HVAC plans and HVAC system labeling within mechanical areas. B. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access from adjacent roofs based on a Government Building Security Assessment. Roof access shall be strictly controlled through keyed locks, keycards, or similar measures. Fire and fife safely egress shall be carefully reviewed when restricting roof access. C. At a minimum, Lessor shall secure building mechanical and janitorial areas including sprinkler rooms, electrical closets, telecommunications rooms and janitor closets. VISITOR ACCESS CONTROL Entrances are open to the public during business hours. After hours, visitor entrances are secured, and have a means to verify the identity of persons requesting access prior to allowing entry into the Space. INTERIOR (GOVERNMENT SPACE) DESIGNATED ENTRANCES The Government shall have a designated main entrance. IDENTITY VERIFICATION The Government reserves the right to verify the identity of persons requesting access to the Space prior to allowing entry. FORMAL KEY CONTROL PROGRAM The Government reserves the right to implement a formal key control program. The lessor shall have a means of allowing the electronic disabling of lost or stolen access media, if electronic media is used. SITES SIGNAGE POSTING OF SIGNAGE IDENTIFYING THE SPACE AS GOVERNMENTAL Security Requirements (Level 1) (REV 4/10/13) Page 2 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 148 of 188 r_rrd-I.T1•11ErPaI,EEWMA Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 149 of 188 The Lessor shall not post sign(s) or otherwise identify the facility and parking areas as a Government, or specific Government tenant, occupied facility, including during construction, without written Government approval. POSTING OF REGULATORY SIGNAGE The Government may post or request the Lessor to post regulatory, statutory and site specific signage at the direction of the Government. LANDSCAPING LANDSCAPING REQUIREMENTS Lessor shall maintain landscaping (trees, bushes, hedges, land contour, etc,) around the facility. Landscaping shall be neatly trimmed in order to minimize the opportunity for concealment of individuals and packages/containers. Landscaping shall not obstruct the views of security guards and CCN cameras, or interfere with lighting or IDS equipment. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN The Lessor shall separate from public access, restricted areas as designated by the Government, through the application of Crime Prevention Through Environmental Design (CPTED) principles by using trees, hedges, berms, or a combination of these or similar features, and by fences, walls, gates and other barriers, where feasible and acceptable to the Government. SECURITY SYSTEMS No requirements STRUCTURE Lessor shall provide written emergency shutdown procedures for air handlers. OPERATIONS AND ADMINISTRATION LESSOR TO WORK WITH FACILITY SECURITY COMMITTEE (FSC) The Lessor shall cooperate and work with the buildings Facility Security Committee (FSC) throughout the term of the lease. ACCESS TO BUILDING INFORMATION Security Requirements (Level 1) (REV 4/10/13) Page 3 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 149 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 150 of 188 Building Information—including mechanical, electrical, vertical transport, fire and life safely, security system plans and schematics, computer automation systems, and emergency operations procedures—shall be strictly controlled. Such information shall be released to authorized personnel only, approved by the Government, by the development of an access list and controlled copy numbering. The Contracting Officer may direct that the names and locations of Government tenants not be disclosed in any publicly accessed document or record. If that is the case, the Government may request that such information not be posted in the building directory. Lessor shall have emergency plans and associated documents readily available in the event of an emergency. Security Requirements (Level I) (REV 4/10/13) Page 4 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 150 of 188 IT ►N:WIIiE"OFA Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 151 of 188 GENERAL SERVICES ADMINISTRATION ZA FORM 1217 (REV EM) INSTRUCTIONS Fin (ES50R'S ANNUAL COST STATf3dEN1 GSA FORM 1217 In mryrlrp yvice Wars , A Is the PdlaMeeM (Wiry o1 GOA in enter into Imes nth d noted margo elan Mery®dot Mb rnalry asks in the contrary for haloes REM NUMBER t 2 i w B. Enter the Gwarnned Faso or..— H011va nun4tt. IlnaYek. Enter be EMM Mat Ym+r alaNme2 inn preWleO ase s9nee, Eder In ter fbU a conversation M Me rental! area (insole tenancy Eon) for be mart beed,. TM rentable sea Nal .Nipent of ne>Merrent heMe Note M1meolpelrerend Wes WLS(g ae lotlas lrmOe Rnae dwnitor rashoseal mpopweR arts other woresed lareew, or ban Renbble apaeehllearea la sd[Aa1tReMsoagd hent. It isthnerne Y blbe WMrgonne am my Vary by OR, or Cy transmission Mesmro Ms,. Te rereads fryce r(MyI¢atle a stare of sharp eapRnVN .,. such Is ekVNm b[ties, hedrg mmJua. aro M1vreen¢arm. Fbueeni¢areas rypoN indtle nest—, i.Rr—. teWme Reach. ekcei¢I rMebl, aN Iredariol too(les. lid renlatre slaw pemay toff not ircltle VeN¢I EMtlry penetration and Rclr acbM(g Vale, suehas Blain. skVdw Malls, ase VeN¢I tuts. Enter In Mrs dxa a wnpllaem of Me rmtade area to the rotor to the GwnnnmL For this, oma. bbe the Whedue a walnel aEsve. a¢Is lost meauemero we W b nWe nth to tiv center of Is paNearo Metll acWrab the ata to he cadet try the Gwemmml R. ennalcd Mrageml Me WMrg, ar the sop ora eenwa air of k, lullkted to Me Gwa(ment I,. erode the mon a1 Me sane wniw or Wlry earned to doer herd ala¢, nLian on a wpaale Med. For wwerve¢e, Reno nei otrywy las 4m dn4J into sepans, its. Audi of sahna ed su{pn w MM IMy ms, heeded assn asploble. Ibeeee, In to there MM year ww(rs are ml llantMwt for then Morn cantarcd In SeNon 1.5 Maugh M, OR, Idol For a inset wltyay (A Moroi F) usy ase mhrd under the cafti eWiq Invir—(a)ad(h)inlm d Me s Mchfic tiers. System otidnurce ad repairs IncYKKs Meamual cot deuch ith— adlrg, hepewrq. darirp, gufnrg, and rcuew Inson rnrcwb. SECTION II EETMATED ANNUAL [:OST OF OWNERSHIP E=LUSIVE OF CAPITAL CHARGES teas 28 Wwge ]2 aril the useful in Me GwemmeMS tdamwem .11M Mr rrabl Vaae of Me space to he rented and Mui he mrrplld ineswrnee of xtieMer Sedco 1 is alplohk, as lbaxs' 5 -2fi. Gwemmenl tam dpidrq reed or rmshkareas. .net, Me proper,, by roar¢ ad adrna SECRON i ESTMATED ANNUAL COST OF SERVICES AND UTLIT ES 11M1e smicar she Mit as Wd In Bas veAm are regard in rani of aur senld space seasoner M1mstd bi Me Gwemr¢d or Me Laser. Nates to has by as of the rental Careers, m'm Me Sddm aefor China adbr Me propos kine M Msrely OR—Mnico and Nate byou mredenEonTeen enter you teat sot ¢Brims. or he Mori ml horn to proves year. In sorb d Mesa assim aro With¢ In mission (a)he Me more heating she M mlrrm M)for Me aro bte redd 1.Me Gwen. If any seri¢ orwily Mothers In tas since odd 2, 29 M v X! N3 raltleearr000lertaleetafefara rngedyvenc popeel Enter the a ire,latilry,ad WM1n Imuranw wrnMmMe real die. sense Rest ad era., sola Enter Ms entad g iaMe, Mlase, drrihh,. adnera, used reran ad rrurelenses dins, ca lllwErg. Elaericsf hrr4rg. tit GorGlborg, W tineas). Toa in a rider reryn ase mages In Me naleae danornra¢nt red Iraitld In R nth . —.later. s, es inµ'awn¢nt elnMl nTnul ml W rosea¢ relaeeeN aen4N'd tette vtli as hdkr. tarpraem. raeaalN, artl rml4penria. Ederarry Pose mmoom etidi you trey he rapanode la rue b Me Gwnnmml kalrg ediae. tooled. drnrlubaWe wwrmw mo awanny led, kgal fea, ander, ad Mraeroog. Da M bottle trdntlal noargessunonlnwrrear mtwale tan ar orarrnem eMense. Connote Isad ¢ hoerton. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 151 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 152 of 188 SMALL BUSINESS SUBCONTRACTING PLAN OUTLINE MODEL) GSA provides this model as a tool to assist the contractors in completing the required subcontracting plan. It does not establish minimum requirements for an acceptable plan. The guidance reflects objectives GSA encourages contractors to adopt and include in there subcontracting plan. Portions of this sample has been adapted from the material in Appendix 9 of the Small Business Administration's Standard Operation Procedure 60 03 5, "Subcontracting Assistance Program". The Plan should cover all the facilities and services which are to be provided during the contract period. The model is not intended to replace any existing corporate plan which is more extensive. If you need assistance to locate small business sources, contact: GSA's Business Service Center at the National Capital Region on 202-708-5804. Please note that the General Services Administration has subcontracting goals of 37% for small business (SB), 66% for Small Disadvantaged Business (SDB), 55 % Women -Owned Small Business (WOSB), 30/6 for HUBZone Small Business (HUBZ), 57/e for Veteran -Owned Small Business (VOB), and 3% for Service -Disabled Veteran -Owned Small Business (SDVO)) for fiscal year 2006 - 2007. (FY 08.09 Subcontracting Goals) DO NOT SUBMIT THIS PAGE AS PART OF YOUR SUBCONTRACTING PLAN. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 152 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 153 of 188 Subcontracting Plan This format is used for Real Estate Only ThefoUmviug guidance outlines fire minimum requirements ofSecfiou 8(d) and lite Federal Acquisilion Regulation (FAR) Subpart 19.7. This subcontracting plat, and subsequent amendments thereto, is established to be consistent with the intent and requirements of FAR 52.219-9 This program applies to the following: Company Name: Company Address: (Typed Name) (Title) (Signature) (Date) SOLICITATION FOR OFFERS 1. Type of Plan ❑ Individual Plan All elements developed specifically for this contract and applicable forthe full term of this contract, including option period. ❑ MasterPlan Goals developed for this contract; all other elements standard; must be renewed every three years ❑ Commercial Plan Used when the company sells large quantities of commercial off-the-shelf Commodities to many Government agencies. Goals are negotiated on a company -wide basis. 2.0 Goals For information purposes only. FAR 19.704(a)(1) requires separate dollar & Percentage goals for using snall,HUBZzone stall, small disadvantaged, wouueu-mvned small, reteran-mvned small, and semfce- disabled veleran-mvned small business concerns as subcontractors; and a statement of Ute total dollars planned to be subcontracted to small, hubzoue small, small disadvantaged, wouten-owned suuall, veleran- owued small, and service -disabled veteran -owned small business concerns. NOTE. The flollar amounts planned for subconracting io SB, HZSB, SDB, IVOSB, VOSB, and to SDVOSB concena test be eipressefd as percentages of the lotal subcontracting ffallars as shown. I Sub MODEL Real Estate Consb6 Sew -NCR. DOC GSiJNCR- Last update. June 2" Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 153 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 154 of 188 Subcontracting Plan This format is used for Real Estate Only GOALS -The following goals (expressed in both dollars and percentage of the total planned subcontracting dollars) are applicable to the contract awarded under the solicitation cited above. (Goals should be based on total contract dollar.) DOLLARS PERCENT (a) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100% (b) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, small veteran -owned and small service -disabled veteran - owned and small business concerns in historically underutilized business zones). (Initial Term) $ d/ (Renewal) $ _e/ (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ n/ (Renewal) $ _% (d) Planned subcontracting to women -awned small businesses. (Initial Term) $ 0/n (Renewal) $ _% (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ _% (Renewal) $ % (f) Planned subcontracting to veteran -owned (Initial Term) $ _% (Renewal) $ _% (g) Planned subcontracting to service -disabled veteran -owned (Initial Term) $ _% (Renewal) $ % z Sup MODEL Real Estate Const/ 8 Sen. -NCR. DOC GSNNCR- Last update: June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 154 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 155 of 188 Subcontracting Plan This format is used for Real Estate Only GOALS -The following goals (expressed in both dollars and percentage of the total planned subcontracting dollars) for construction and/or services are applicable to the contract awarded under the solicitation cited above. (Goals should be based on total contract dollar.) CONSTRUCTION ASPECT DOLLARS PERCENT (c) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100% (d) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, small veteran -owned and small service -disabled veteran - owned and small business Concerns in historically underutilized business zones). (Initial Term) $ o/o (Renewal) $ % (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ o/a (Renewal) $ _% (d) Planned subcontracting to women -owned small businesses. (Initial Term) $ _% (Renewal) $ _n/a (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ o/a (Renewal) $ _% (f) Planned subcontracting to veteran -owned (Initial Term) $ _a/o (Renewal) $ _a/e (g) Planned subcontracting to service -disabled veteran -owned (Initial Term) $ _a/n (Renewal) $ _% 3 Sub MODEL Real Estate Constr. & Sew -NCR. DOC GSA NCR -Last update. June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 155 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 156 of 188 Subcontracting Plan This Format is used for Real Estate Only SERVICES ASPECT DOLLARS PERCENT (a) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100°/n (b) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, veteran owned business, service -disabled veteran -owned and small business concerns in historically underutilized business zones) (Initial Term) $ (Renewal) $ (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ (Renewal) $ (d) Planned subcontracting to women -owned small businesses. (Initial Term) $ (Renewal) $ _% (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ % (Renewal) $ _% (f) Planned subcontracting to veteran -awned (Initial Term) $ % (Renewal) $ _% (g) Planned subcontracting to service -disabled veteran -owned (Initial Term) $ % (Renewal) $ _% 4 Sub MODEL Real Estate CunsV Saty -NCR. DOC GSNNCR- Last update: June 2" Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 156 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 157 of 188 Subcontracting Plan This format is used for Real Estate only 3.0 Description of Products and/or Services For information purposes only. FAR 19.704(x)(3) ret/uires R ilescriation ofALL of the principal types of construction and services to be .subcontracted and an identifncntion offhe 0pes plannedfor subcontracting to SB, NZSB, SDB, fVOSB, VOSB; and to SD VOSB concerns. Note. The plan will be rejected if this information is not included. (Check all that apply). Construction Aspect: BUSINESS CATEGORY OR SIZE PRODUCT/SERVICE NAICS LARGE SMALL BUS. SDB WOSB HUB- ZONE VO SMALL SDVO SMALL (Attach additional sheets if necessary.) Service Aspect: J Sub MODEL Real Estate Censer & Serv. -NCR DOC GSNNCR- Last update: June 21](18 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 157 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 158 of 188 Subcontracting Plan This format is used for Real Estate Only BUSINESS CATEGORY OR SIZE PRODUCT/SERVICE NAICS LARGE SMALL BUS. I SDB WOSB HUB- ZONE VO SMALL SDVO SMALL (Attach additional sheets if necessary.) G Sub MODEL Real Estate Constr & Sem -NCR DOC GSAJNCR- Last update: June 2000 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 158 of 188 AGENDA ITEM #13.B.1. Subcontracting Plan This forest is used for Real Estate Only 4. Provide a NARRATIVE description Of the methods used to develop the subcontracting GOALS. For information only, FAR 19.704(a)(4) requires a description ofthe method used to develop the subronlmcting goals; Frplam the method used and mate the Iasis for estabhshine your proposed goals; provide tusnfrcation for any low gool(.$); and irate how the supphes'services to be subcontracted were determined (i. e. based on historical data and experience, market research, eta). Explain how the capabilities of SB, VOSB, SDVOSB, HSB, SDB, and WOSB and the types of supplies and services to be subcontracted to them were determined. Identify any source lists used. Include attachments as needed. 5. Provide a NARRATIVE description of how you identified potential sources for solicitation purposes: For information purposes only. FAR 19.704(a)(5) requires a description ofthe method used to identify potential sourcesfor solicitation purposes. Identify all source lists used in the deterndnatimt. Explain what existing source lists; Central Contractor Registration (CCR) Database; veterans service organizations; the National Minority Purchasing Council Vendor Information Service; the Research and Information Division of the Minority Business Development Agency in the Department of Commerce; or SB, HSB, SDB, and WOSB trade associations, or any other resources used to identify potential sources. 7 Sub MODEL Real Estate Cover & Se,.-NCR.DOC GSNNCR- Last update: June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 159 of 188 AGENDA ITEM #13.B.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 160 of 188 Subcontracting Plan This format is used for Real Estate Only 6. Indirect and Overhead Costs For information purposes only. FAR 19.704(a)(6) requires a stateotent as to whetlier or mot pour couhpay, included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with SB, HZSB, SDB, IYOSB, VOSB; and SD VOSB concerns. Indirect Costs (Check one): have been included have not been included in the goals specified in within this plan. 6(a). If direct costs have been included, provide a NARRATIVE explanation of the method used in determining the proportionate share Of indirect and overhead costs to be allocated as subcontracts to SB, VOSB, SDVOSB, HSB, SDB, and WOSB. 7. Program Administrator For iufornnatiou purposes only. FAR 19.704(x)(7) requires information about the company employee who will administer the subcontracting progrmn. Please provide the name, title, address, telephone number, far machine number, position within the corporate structure, and the duties of that employee. Provide alternate point of contact responsible for subcontracting PLAA' The Company Small Business Liaison Officer (SBLO) who will administer the Plan is as follows: Name: Title: Position: Telephone: FAX: Address: 8 Sub MODEL Real Estate Cower 6 Sew. -NCR. DOC GSMdCR- Last update: June 2000 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 160 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 161 of 188 Subcontracting Plan This format is used for Real Estate Only The Plan Administrator is required to perform the following duties and coordinate the company's activities during compliance reviews by Federal agencies. A. Developing and promoting company/division policy statements that demonstrate the company's/division's support for awarding contracts and subcontracts to small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, and service -disabled veteran -owned small business concerns. B. Developing and maintaining bidders' lists of small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small,'and service -disabled veteran -owned small business concerns from all possible sources. G. Ensuring periodic rotation of potential subcontractors on bidders' lists. D. Assuring that small, HUBZone small, small disadvantaged, women -owned small, veteran - owned small, and service -disabled veteran -owned small businesses are included on the bidders' list for every subcontract solicitation for products and services they are capable of providing. E. Ensuring that subcontract procurement 'packages" are designed to permit the maximum possible participation of small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, and service -disabled veteran -owned small businesses. F. Reviewing subcontract solicitations to remove statements, clauses, etc. which might tend to restrict or prohibit small, HUBZone small, small disadvantaged, women -owned small, veteran - owned small, and service -disabled veteran -owned small businesses. G. Ensuring that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small, HUBZone small, small disadvantaged, women - owned small, veteran -owned small, and service -disabled veteran -owned small businesses. H. Overseeing the establishment and maintenance of contact and subcontract award records. I. Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc. J. Directly or indirectly counseling small, HUBZone small, small disadvantaged, women - owned small, veteran -owned small, and service -disabled veteran -owned small business concerns on subcontracting opportunities and how to prepare bids to the company. 9 Sub MODEL Real Estate ConsaS Sen. -NCR_DOC GS"CR- Last update: June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 161 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 162 of 188 Subcontracting Plan This format is used for Real Estate Only K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, or service -disabled veteran -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the contractor's subcontracting plan. Small disadvantaged and HUBZone small business concerns shall provide a copy of their Small Business Administration (SBA) certification. (Each SB, WOSB, VOSB, and SDVOSB concern on record as a potential subcontractor shall complete a self - certification form stating their business size. A penalties clause for falsifying information will also be on the form according to the legal statute 15 U.S.C. 645(d). Note, the following notice will read near the business owner's signature. "NOTICE: In accordance with U.S.C. 645(d). any person who misrepresents a fine's proper size classification shall (1) be Punishable by imposition of a fine, imprisonmentor both. (2) be subject to administrative remedies. and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act." L. Conducting or arranging training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures. M. Developing and maintaining an incentive program for buyers, that supports the subcontracting program. N. Monitoring the company's performance and making any adjustments necessary to achieve the subcontract plan goals. O. Preparing and submitting timely reports. P. Other duties: NARRATIVE 10 Sub MODEL Real Estate Constr. a SeN -NCR. DOC GSAINCR- Last update: June 2M Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 162 of 188 AGENDA ITEM #13.8.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 163 of 188 Subcontracting Plan This format is used for Real Estate Only 8. Equitable Opportunity For information purposes only. FAR 19.704(a)(8) requires a description ofthe efforts Ore contractor will make to ensure that SB, HZSB, SDB, WOSB, VOSB, and SDVOSB concerns will have an equitable opportunity to compelefor subcontracts. We will make the following efforts to ensure that SB, VOSS, SDVOSB, HSB, SDB, and WOSB have an equitable opportunity to compete for subcontracts: A. Outreach efforts to obtain sources: 1. Contacting minority and small business trade associations; 2. Contacting veterans service organizations; 3. Contacting business development organizations; 4. Attending small and minority business procurement conferences and trade fairs; and 5. Using CCR. B. Internal efforts to guide and encourage purchasing personnel: 1. Presenting workshops, seminars, and training programs; 2. Establishing and maintaining SB, VOSB, SDVOSB, HSB, SDB, and WOSB source lists, guides, and other data for soliciting subcontracts; and 3. Monitoring compliance with the subcontracting plan. C. Additional efforts: NARRATIVE 9. Flow Down Clause For Information purposes only. FAR 19.704(a)(9) requires that your company include FAR 52.219-8, "Utilization of Snnall Business Concerns" in all subcontracts that offer further subcontracting opportunities. Fitur company must require all subcontractors, accept small business concerns, that receive subcontracts in excess of 5550,000 (51,000,000 for construction) to adopt a plan that complies with file requirements of fire clause at FAR 52.219-9, "Sinal/ Business Subcontracting Phm. ) We will include the "Utilization of Small Business Concerns" clause in all subcontracts that offer further subcontracting opportunities. We will also require subcontractors (other than small business concerns) that receive subcontracts in excess of $550,000 ($1 million for construction of a public facility) to adopt a subcontracting plan that complies with the requirements of the clause at FAR 52.219. Small Business Subcontracting Plan. it Sub MODEL Real Estate Censb- 8 Sery-NCROOC GSA CR- Last update, June 2M Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 163 of 188 AGENDA ITEM #13.6.1. Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 164 of 188 Subcontracting Plan This format is used for Real Estate only 10. Reporting and Cooperation — For Information purposes only ' FAR 19.704 (a) (10) requires assurances that the offeror will: (1) Cooperate in any studies or surveys as may be required, (2) Submit periodic reports so that the Government can determine the extent of Compliance by the offeror with the subcontracting plan; (3) submit the Individual Subcontracting Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://esrs.gov), following the instructions in the eSRS; (4) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS; (5) Provide its prime contract number and its DUNS number and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first- tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and (6) Require that each subcontractor with a subcontracting plan provide the prime contract number and its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans. These reports must be received within 30 days after the close of each calendar period. That is: Calendar Period Report Due Date Due Send Report To 10/01-03131 ISR 04/30 contracting officer with copy to bscncrO-gsa.cov 04/01-09/30 ISR 10/30 contracting officer with copy to bscncr(&gsa.Gov 10/01-09130 SSR 10/30 contracting officer with copy to OSDBU's Janice.kevs(p)Gsa.Gov 11. Recordkeeping— FAR 51.119-9(d)(11) requires a list of the types of records your company will maintain to demonstrate Ute procedures adopted to comply with the requirements purl goals in floe subcontracting plan. 77rese records include, but are not limited to, thefollowing: We will maintain the following types of records on a [company -wide] [division -wide] basis: A. Source lists, guides, and other data that identify SB, VOSB, SDVOSS, HSB, SDB, and WOSB; B. Records that identify organizations contacted in an attempt to locate SB, VOSB, SDVOSB, HSB, SDB, and WOSB sources; C. Records on each subcontract solicitation resulting in an award of more than $100,000 indicating: (1) whether SB were solicited, and if not, why not; (2) whether VOSB were 12 Suit MODEL Real Estate Const. 8 Sm. -NCR DOC GSMJCR. Last update: June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 164 of 188 AGENDA ITEM #13.B.1. Subcontracting Plan This format is used for Real Estate Only solicited, and if not, why not; (3) whether SDVOSB were solicited, and if not, why not; (4) whether HSB were solicited, and if not, why not; (5) whether SOB were solicited, and if not, why not; (6) whether WOSB were solicited, and if not, why not; and (7) if applicable, the reason that the award was not made to a small business concem; D. Records of outreach efforts, e.g., contacts with trade associations, business development organizations, veterans service organizations; attendance at conferences and trade fairs to locate SB, HSB, SOB, and WOSB sources; E. Records of internal guidance and encouragement provided to buyers through: (1) workshops, seminars, training, etc.; and (2) monitoring performance to evaluate compliance with the program's requirements; Include the following paragraph unless you have a commercial plan. F. On a contract -by -contract basis, records to support subcontract award data including the address, and business size of each subcontractor G. Additional Records: NARRATIVE This subcontracting plan was submitted by: This subcontracting plan was submitted This subcontracting plan was accepted by: by: Signature: Signature: Typed Name: Typed Name: Title: Title: Contracting Officer Date: Date: This subcontracting plan was reviewed by: This subcontracting plan was reviewed by: Signature: Signature: Typed Name: Typed Name: Title: Small Business Technical Advisor Title: SBA PCR Date: Date: 13 Sub MODEL Real Estate Constr.8 Sam -NCR. DOC GSAINCR- Last update: June 2008 Resolution No. FY2016-33 Approving a Lease Agreement Between... Page 165 of 188 AGENDA ITEM W.A.I. ARCH ITECTURALIENGI NEERING REVIEW BOARD REGULAR MEETING December 8, 2015 @ 5:30 p.m. PROJECT'S OFFICE CONFERENCE R601 E--(•` MAR 16 2016 CALL TO ORDER CHAIR ARNDT called the meeting to order at 5:30 p.m. ROLL CALL Board Members present were Bill Barton, Cliff Ford, Chair Scott Arndt, Kelsea Kearns, Steven Neff. Rick Ryser is in Arizona. Also present were Mayor Jerrol Friend; Rick Kniaziowski, School Board Representative; Matt Gandel, Project Manager and Kathie Peters, Projects Assistant from KIB Engineering/Facilities. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA KEARNS moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES - OCTOBER 28, 2014 FORD moved to approve the minutes from 10/28/2014. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None UPDATE OF CURRENT PROJECTS Matt Gandel provided an update on current KIB projects. UPDATE OF UPCOMING PROJECTS Matt Gandel provided an update on upcoming KIB projects. Architectural/Engineering Review Board Regular Meeting December 8, 2015 Page 1 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 166 of 188 AGENDA ITEM #17.A.1. ARCHITECTURAL/ENGINEERING REVIEW BOARD REGULAR MEETING December 8, 2015 @ 5:30 p.m. PROJECT'S OFFICE CONFERENCE ROOM EXTENSION OF TERM CONTRACT WITH JENSEN YORBA LOTT FOR ARCHITECTURAL/ENGINEERING SERVICES FORD moved to approve a recommendation to the Borough Manager of a one year extension of the Jensen Yorba Lott term contract for Architectural/Engineering services. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Arndt, Kearns, Ford, Neff (Ayes); Barton (No). ELECTION OF OFFICERS CHAIR ARNDT opened up nominations for Chair. FORD moved to nominate Scott Arndt for Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CHAIR ARNDT opened up nominations for Vice Chair. FORD moved to nominate Kelsea Kearns for Vice Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS Rick Kniaziowski said that the school is grateful to the Borough for handling the projects instead of the district having to do it. STAFF COMMENTS None BOARD COMMENTS Kelsea Kearns is happy to be back working with the Borough. Steven Neff indicated that it is very hard for him to make meetings in the fall Bill Barton questioned why the ARB is not reviewing Change Orders, since it is in the description of their duties, and also why they have not seen an end of project report, Matt Gandel will provide the monthly Change Order Report & Project Report that he provides to the Assembly. Bill said how review of change orders at end of project are an important tool to identify weakness, bad specs etc. Architectural/Engineering Review Board Regular Meeting December 8, 2015 Page 2 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 167 of 188 AGENDA ITEM #17.A.1. ARCHITECTURAL/ENGINEERING REVIEW BOARD REGULAR MEETING December 8, 2015 @ 5:30 p.m. PROJECT'S OFFICE CONFERENCE ROOM Scott Arndt mentioned that the Landfill project never came to the ARB, the fault being with the previous Director; he will not allow this to happen with future projects. The Baler building upgrades need to come before the ARB, i.e.: the baler floor replacement bid went out without coming before the ARB. Scott wants Matt to report back to Bud that things need to change. Any Change Order outside of Manager's authority should be reviewed by ARB ADJOURMENT KEARNS moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:10 P.M. RespectiGel submitt� - =- .3'//yhte Kathie Peters, Projects Assistant Date 2 - 2S- .2e14s Scott Arndt, Chair Dale ArchitecturallEngineering Review Board Architectural/Engineering Review Board Regular Meeting December 8, 2015 Page 3 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 168 of 188 r_rH d7 07- IVES AW) ARCHITECTURAUENGINEERING REVIEW BOARD r F�1VC REGULAR MEETING February 25, 2016, 5:30 p.m. I I MAO 2 5 2016 Projects Office Conference Room CALL TO ORDER soHoustl CHAIR ARNDT called the meeting to order at 5:30 p.m. L ncu ROLL CALL Board Members present were Chair Scott Arndt, Bill Barton, Cliff Ford, Steven Neff, and Colin Young. Kelsea Kearns and Rick Ryser were absent. Also present were Mayor Jerrol Friend and Matt Gandel, Project Manager from KIB Engineering/Facilities. Tony Yorba from Jensen Yorba Lott and Brian Pekar from RSA Engineering were present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA NEFF moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — December 8, 2016 FORD moved to approve the minutes from 12/8/2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65% DOCUMENTS: PETERSON BOILERS AND CONTROLS Scott Arndt questioned changing the heating system from water to glycol. Matt Gandel said it was a School District request. Cliff Ford brought up the possibility of using at least one electric boiler to take advantage of future excess power available from KEA. JYLIRSA will look into this option, or at least reconfigure the boiler room to leave space for a future electric boiler. There was discussion of replacing the roof to the boiler room; this is the preferred option. NEFF moved to approve the 65% documents for the Peterson Boilers and Controls project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PETERSON I MAIN GYM FLOORING Bill Barton questioned why there wasn't a spec book to review, instead of just product cut sheets. JYL will provide a 65% spec book for review at a future meeting. The Board agreed to postpone a vole on the 65% documents until that meeting. Architectural/Engineering Review Board Regular Meeting February 25, 2016 Page 1 of 2 Architectural/Engineering Review Board Meeting Minutes of De... Page 169 of 188 AGENDA ITEM #17.A.1. ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING February 25, 2016, 5:30 p.m. Projects Office Conference Room EAST ROOF / KMS BUS CANOPY Scott Arndt requested a key plan to show the location of the work at each school. There was discussion of making the work at each school is own project. Matt Gandel will follow up with the State DEED to see if that is allowed. There was discussion of replacing the steel framing for the KMS Bus Canopy, rather than painting it. JYL will discuss with the structural engineer to see if this would require additional foundation work. YOUNG moved to approve the 65% documents for the East Roof / KMS Bus Canopy project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel asked the Board to consider Its future meeting schedule, taking into account the DEED requirements for bid period and deadlines for Assembly meetings. The Board agreed to schedule a meeting on March 8, 2016 at 5:30 pm to review the 65% documents for the Peterson / Main Gym Flooring project, and a meeting on March 15, 2016 at 5:30 pm to review the 95% documents for all three projects. The 95% documents will be provided to the Board no later than March 11, 2016. BOARD COMMENTS Bill Barton asked if there had been a Projects Report for January. Matt Gandel said he typically sends them after they are received by the Assembly; he will follow up. ADJOURMENT BARTON moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 7:57 P.M. Resp ec' lysubmitted: MWatt Gandel, Projects Manager -7 ' - rn! Scott Arndt, Chair Architectural/Engineering Review Board ArchitecturallEngineefing Review Board Regular Meeting Date Date February 25, 2016 Page 2 of 2 Architectural/Engineering Review Board Meeting Minutes of De... Page 170 of 188 AGENDA ITEM #17.A.1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING j March 8, 2016, 5:30 p.m. Projects Office Conference Room j Au+rf 2 5 2016 CALL TO ORDER !.v CHAIR ARNDT called the meeting to order at 5:30 p.m. ROLL CALL Board Members present were Chair Scott Arndt, Bill Barton, Cliff Ford, Steven Neff, Rick Ryser, and Colin Young. Kelsea Kearns was absent. Also present were Mayor Jerrol Friend and Matt Gandel, KIB Project Manager. Tony Yorba from Jensen Yorba Lott was present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA FORD moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FORD moved to approve the minutes from February 25, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 66% DOCUMENTS FOR PETERSONIMAIN GYM FLOORING Tony Yorbe walked through the specifications for the project, describing the proposed moisture testing and prep for new carpet at Peterson and the flooring options for the Main gym. Scott Arndt questioned the layout for game lines at the gym; JYL will confirm with KIBSD. Mayor Friend asked if the door frames were welded or knock -down; they are specified to be welded. NEFF moved to approve the 65% documents for the Peterson I Main Gym Flooring project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel told the Board that based on comments at the last ARB meeting he had been In contact with the Alaska Department of Education and they approved the plan to split the East/KMS Roof project Into separate projects for each school. They also approved the plan to include a bid alternate to provide new steel framing for the KMS bus canopy. ArchitecturallEngineering Review Board Regular Meeting March 8, 2616 Page 1 of 2 Architectural/Engineering Review Board Meeting Minutes of De... Page 171 of 188 AGENDA ITEM #17.A.1. ARCHITECTURAL/ENGINEERING REVIEW BOARD REGULAR MEETING March 8, 2016, 5:30 p.m. Projects Office Conference Room He also told the Board that staff had investigated the potential for an electric boiler at Peterson Elementary, and the boiler room layout would be reconfigured to provide space for a future electric boiler to be installed. He reminded the Board that the next ARB meeting was scheduled for March 15, 2106 to review the 95% documents for the Peterson Boilers and Controls, Peterson / Main Gym Flooring, and East Elementary Roof projects. These projects are scheduled to go out to bid on March 16, 2016. The drawings for the KMS Bus Canopy will likely not be ready for review on March 15, and will be reviewed at a future ARB meeting. BOARD COMMENTS Cliff Ford said he appreciated the Information provided on the potential for an electric boiler at Peterson Elementary. Colin Young expressed surprise at how much the budget was for the Peterson Boilers and Controls project. ADJOURNMENT FORD moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MEETING ADJOURNED AT 6:00 P.M Respec vely submitted: ('Matt Gandel, Projects Manager Scott Arndt, Chair Architectural/Engineering Review Board ArchilecturalrEngineering Review Board Regular Meeting 3/6-//s Date Date March 8, 2016 Page 2 of 2 Architectural/Engineering Review Board Meeting Minutes of De... Page 172 of 188 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES AGENDA ITEM #1 TA. 1. MAR 2 5 2016 January 26, 2016 Regular Meeting 7 p.m. — KIB Conference Room CALL TO ORDER CHAIR SALTONSTALL called to order the January 26, 2016 Parks and Recreation Regular Meeting at 7 p.m. ROLL CALL Requested excusal was Ben Millstein due to being out of town and Dale Stratton due to just having surgery. Committee members present were Patrick Saltonstall, Helm Johnson, Sharon Wolkoff, and Marnie Leist. Excused were Ben Millstein and Dale Stratton. Ex -officio members present were Alan Schmitt and Corey Gronn (left 7:27 p.m.). Absent ex -officio members were Frank Peterson and Ron Bryant. A quorum was established. COMMITTEE MEMBER LEIST MOVED to excuse Ben Millstein and Dale Stratton. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Tom Quass, Jack Maker, Sara Mason, and Sheila Smith. APPROVAL OF AGENDA COMMITTEE MEMBER LEIST MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER LEIST MOVED to approve the regular meeting minutes of November 12, 2015 and December 22, 2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Maker introduced Sara Mason, the new Associate Planner and Tom Quass, the new Code Enforcement Officer in Community Development Department. Quass will be taking over the Parks and Recreation Committee meetings. OLD BUSINESS A) Trail Summit Planning CHAIR SALTONSTALL staled we approved the last TMO's and then we were going to think of a meeting to present them at to take input on our new area. On page 3 of 4 of the November 12, 2015 minutes it talks about what we were planning. 1/26/2016 Page 1 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 173 of 188 AGENDA ITEM #17.A.1. CHAIR SALTONSTALL said we will present the TMO's to the public, get final input, and then take input on doing the Saltery-Miam-Pasagshak-Portage area. After the meeting is over we were going to take final input and wrap up what we want to say about the Pillar Mountain to Bells Flats via Burma Road trail that we did to come up with a general assessment to see if we can pick out any things that need to be fixed that we could put on the CIP List. Smith reminded the committee that they usually approve TMO's after the Trails Summit because of public input received the committee might wish to make changes or additions. If need he the committee can amend something previously adopted and she will provide details before the Trails Summit. COMMITTEE MEMBER JOHNSON agreed that TMO's were not approved by the committee previously to taking it to the Trails Summit because of all the input and things that were missed by the committee. During discussion, there was committee consensus to hold the next Trails Summit the 1'' week of April in the Assembly Chambers, hang maps and large copies of the TMO's for people to mark and put comments on. Maker stated he would work with Quass on getting the advertising out for the date that you would like. First, we have to pick a venue and think about what kind of crowd we may have from the advertising especially if we advertise what trails you will be looking at. He will also work with Paul Van Dyke to utilize our electronics that they have installed so we can put them up on the TV screen and people can see them along with what we provide them. Van Dyke will provide any maps that you would require. Hopefully we will get a lot of input on things that we missed. CHAIR SALTONSTALL stated we should have some maps that show the whole area and what belongs to who, all the landowner's, what the zoning is, and all the 17b easements. Maker said he would research to see if there are any leases out there. Maker said you intend to seek final input on those TMO's. CHAIR SALTONSTALL said we will present what we have with all the comments, we have a lot of comments on different parts of the trail and then once we get comments to wrap it all up we'll come up with a one paragraph summary statement about what we have done. Ex -officio Corey Gronn excused himself at 7:27 p.m. B) Monashka Bandit Range CHAIR SALTONSTALL stated he brought up the bandit range at an Island Trails Network meeting. Everyone was reluctant to do anything unless the borough is serious about doing something. Maker stated he does not see any funding for making it a park given our budget situation. The Resource Management Officer is having some signage to be put up and the Code Enforcement Officer can monitor it. We drove out there the other day, he was impressed with how clean everything was, and there wasn't anyone at the bandit range. 1/26/2016 Page 2 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 174 of 188 AGENDA ITEM #17.A.1. CHAIR SALTONSTALL said you need to drive a little farther down the road, about mile. Tom Quass, Code Enforcement Officer stated he has driven out there several times and it does not look bad. Smith stated someone had requested trail maps for the welcome aboard packets and she made trifold printouts for safe shooting to be included. Maker stated that if the committee is willing to do the research and come up with some grants that we might qualify for we could bring them forward at a meeting. There was consensus to keep this item as a placeholder through the summer to see whathappens. C) Termination Point (Placeholder) No new information. D) Saltery Trail Improvements (Placeholder) Maker stated he included in the packet the project narrative attachment from the contract along with the Saltery Trail Improvements Phase 1 information, which was completed. E) Island Lake Trail Improvements (Placeholder) Quass stated there is money that we are using for maintenance to clean things up. Maker stated that the grant monies were actually for stairways at Mill Bay Beach. We have until June 301h to use those funds. Schroeder has provided some priorities. We are meeting with Andy Schroeder tomorrow to solidify things. F) Killarney Hills (Placeholder) No new information. The Director has assigned that project to Sara Mason. EX -OFFICIO MEMBER SCHMITT said he is on the Lands Committee and there are several members of it that are very interested in that for residential development. The wetlands survey was done and there are some wetlands identified where you would expect back around the creek area. The six lots that were approved but nothing has been done because it would cost between $250,000 - $300,000 to put in the sewer and water for just those lots. The ballfields could be moved to behind Safeway but that will also cost several hundred thousand dollars as well. NEW BUSINESS A) Anton Larsen Road Project -# 2 on CIP List CHAIR SALTONSTALL said people were calling him about this and he doesn't know anything. Maker said it's pretty much explained as far as information the borough has on it right there. It is not a borough project; the funding was requested for the State because it is an extension of the State Highway. It's to get to ice -free waters so all those communities can access the road system. It is in the resolution towards the end of your packet, page 2 of 4. Ouzinkie Native Corporation received a $450,000 grant for planning and design 1/26/2016 Page of Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 175 of 188 AGENDA ITEM #17.A.1. and that has been done. The State has already started the project and the Shoonaq' Tribe has also come up with some other grant funding that is helping with the project. Brief discussion. B) Elections — Chair & Vice -chair CHAIR SALTONSTALL opened up nominations for Chair. COMMITTEE MEMBER JOHNSON nominated Patrick Saltonstall. There were no more nominations. COMMITTEE MEMBER LEIST MOVED to close nominations. VOICE VOTE CARRIED UNANIMOUSLY ROLL CALL VOTE CARRIED UNANIMOUSLY FOR PATRICK SALTONSTALL AS CHAIR CHAIR SALTONSTALL opened nominations for Vice -chair. COMMITTEE MEMBER JOHNSON nominated Mamie Leist. There were no more nominations. COMMITTEE MEMBER WOLKOFF MOVED to close nominations. VOICE VOTE CARRIED UNANIMOUSLY ROLL CALL VOTE CARRIED UNANIMOUSLY FOR MARNIE LEIST FOR VICE - CHAIR COMMUNICATIONS A) February Planning and Zoning Public Hearing Items Maker stated he forgot to get the ADU case item on the agenda. He explained what ADU's are. He also explained the other cases for public hearings. CHAIR SALTONSTALL said the one thing that came up to him has to do with borough land sales or State land sales. He asked if the borough has anything to do with State land sales. Maker stated not with State, only with borough properties involved in the disposal or acquisition process for borough lands but the borough can provide input to the State if they see fit. COMMITTEE MEMBER LEIST MOVED to accept communications. VOICE VOTE CARRIED UNANIMOUSLY REPORTS Meeting Schedule: February 23, 2016 Parks 8 Recreation Committee meeting at 7:00 p.m. in the KIB Conference Room COMMITTEE MEMBER LEIST MOVED to accept reports. 1/26/2016 Page 4 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 176 of 188 AGENDA ITEM #17.A.1. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Sharon Wolkoff said regarding the Mill Bay Beach Access Upgrade, she thought that would be a good area to put a handicap walk for the Wounded Warriors that visit Kodiak every year. Patrick Saltonstall said he went hiking up Russian Ridge where we did all the TMO's for and he was actually pleasantly surprised how nice it was and how the four wheeling is not as bad as it used to be. He saw four -wheelers while up there but they were sticking to the trails. It seems a lot of good is going on up there. He also seen the signs that ITN made. His wife was happy to see the signs and that it made her feel that she is allowed up there. It also brought up the Dark Lake project; he thinks it is important because of the access up there that is still being degraded because no one can get across the creek there at the head of Dark Lake. Even though we weren't funded, we should continue with that. ADJOURNMENT COMMITTEE MEMBER LEIST MOVED to adjourn. CHAIR SALTONSTALL adjourned the meeting at 8:05 p.m. CODIAi IS OROIl��GH PAR S ND RECR ATIO I CO MITj'E� 11 11 By. N Patrick Sallonsta C r ATTEST: By: Sheila Smith, Secretary Community Development Department APPROVED: March 22, 2016 1/26/2016 Page S of S Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 177 of 188 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES February 23, 2016 Regular Meeting 7 p.m. — CALL TO ORDER AGENDA ITEM #17.A.1. MAR 2 5 20% CHAIR SALTONSTALL called to order the February 23, 2016 regular meeting of the Parks and Recreation Committee at 7:01 p.m. ROLL CALL Requested excusal was Mamie Leist and Dale Stratton. Committee members present were Patrick Saltonstall, Helm Johnson, Sharon Wolkoff, and Ben Millstein. Excused were Mamie Leist and Dale Stratton. Absent ex -officio members were Frank Peterson, Ron Bryant, Alan Schmitt, and Corey Gronn. A quorum was established. COMMITTEE MEMBER JOHNSON MOVED to excuse Mamie Leist and Dale Stratton. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Tom Quass, Sara Mason, and Jack Maker. APPROVAL OF AGENDA Staff requested moving New Business Item A up to after Audience Comments. COMMITTEE MEMBER JOHNSON MOVED to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS None AUDIENCE COMMENTS AND APPEARANCE REQUESTS None NEW BUSINESS (Moved Up) A) Anton Larsen Road Project -# 2 on CIP List Sara Mason staled the project has been around tor'a couple of decades. In the 2013 Capital Budget, the State allocated $450,000 in General Funds to SIDCO, which is the Spruce Island Development Corporation who is associated with the Ouzinkie Native Corporation. They were granted that $450,000 and started working on the project, which was specifically for pre - construction activities -design, and engineering. When there was about $400,000 left they entered Into an agreement with the State DOT so DOT could start working as a consultant to do the design and engineering for them. The original amount in the MOA was $375,000 and there is $325,000 left now so overall the project has not moved along as fast as SIDCO had hoped. It Is currently being managed as a Slate project because it's Slate funded so the environmental process is different with State money versus Federal money. They do not have to follow the NEVA process. There's a Slate approved Slate Environmental checklist and that is the process they are using now. The issue is the State is having some financial issues as of late and it's projected to continue. There is probably not going to be State money to fund construction but what you cannot do is do the design and pre -construction activities to State standards and then fund it with Federal money. Right now DOT is still going on the path of the Slate process; they 2/23/2016 Page 1 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 178 of 188 AGENDA ITEM #17.A.1. had someone out last year to do some cultural resource kind of work. This year they are planning to have their hydrology studies done, geotech work done, and some survey work done of the alignment. All of which would be needed for the Federal process. The analysis would just need to be more In depth for that process. They are continuing on the road they are on now. They have started the environmental process. It was In the newspaper. Last month they were soliciting public comment to kick off the brunt of the environmental process. That public comment period closed on February 12'". She included in the packet the letter that the borough sent to Jill Taylor, the environmental person working on the project from DOT. The borough asked that given the State's fiscal climate that the Stale and SIDCO reconsider the environmental process to bring it up to NEVA standards because Shoonaq' Tribe are very interested in seeing the project completed and they have BIA money that they would like to use. They get their Tribal Transportation Program money from the Federal Government annually. They have about $400,000 that they are willing to spend on the project to cover some of the additional increased costs of doing the Federal process versus doing the Slate project because it is much more expensive to do the Federal process and It usually takes a couple years longer. She thinks that Duncan Fields, who is representing SIDCO, had been talking to the DOT Manager, Chuck Tripp who used to work here in Kodiak. She thinks they are considering amending the agreement but if they finish the environmental process and design process with State funding there probably Is not a good timeline for when construction funding will came because it excludes all Federal money. If they go the Federal route, it will probably take another three years to finish the environmental process but the project will be eligible for DOT's annual formula funds that they get every year. It will be eligible for BIA Tribal Transportation funds, eligible for TIGER Grant funding. There are definitely more Federal options. Shoonaq's Tribes submitted a TIGER Grant application this last round probably back In the fall or late summer. They were not successful in getting the grant secured because of the environmental process is not done. That is one of the boxes most projects need to check to get the TIGER Grant money for construction but they met with the TIGER Grant folks and the TIGER Grant folks in DC said it was a great project and that was the kind of project that they would fund if the project were in the right stage. That is where the project is on the administrative end of things. It is 2.7 miles, it would be extended where the geogrid trail is that Island Trails Network did some work on not too long ago and it would follow that for a little while and then veer off. CHAIR SALTONSTALL said he thinks it goes to that big bridge and a little bit past there it goes to the right and then behind all those houses there then to the right of the pond and then comes out at the next cove there. Mason said she could not really tell if there is an existing trail there on DOT's map. COMMITTEE MEMBER MILLSTEIN said It would have been easier for understanding what the proposal is. Mason staled she has not talked to anyone with DOT to find out what kind of response they got and she does not know when they plan on doing a public meeting. She does have the contact information for the Project Manager and the Environmental Analyst. The exact wording that was in the announcement did not actually say there was a hard deadline of February 12'", it said suggested by February 12'". If there were many people contacting you with questions, she would encourage written correspondence to the Project Manager requesting a meeting. There are additional opportunities for public comment. Discussion of the recreational opportunities in the area. Maker stated the Borough Manager's recent comment on February 9, 2016 is included in the packet behind the maps. Mason stated that currently the borough does not have a financial slake in this project but it is and has been high on the CIP List for some time and it also shows up on the City's CIP List and on Tribal CIP Lists. It is not very often that one project shows up on different agency's CIP Lists like that. That is probably why they were successful in getting $450,000 because there is clearly 2/23/2016 Page 2 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 179 of 188 AGENDA ITEM #1 TA. 1. a show of support. Mason said if the committee wants her to give them some contact information so it can be passed along for the project and she can also send a link to sign up for DOT's Gov Delivery so they will send emails when things like public comment period opens or they start a certain paint of the environmental process. CHAIR SALTONSTALL said he would like that so he can pass it along to the people who have been contacting him. OLD BUSINESS A) Trail Summit Planning COMMITTEE MEMBER JOHNSON asked if we want to move Old Business Item F — Killarney Hills since we have the person here that just mentioned Killarney Hills. F) Killarney Hills (Placeholder) Mason stated we have an outline to start a master planning process with a proposal to do a stand-alone master plan that digs a little deeper than what has been done in the past. It will look at other borough owned land options for residential or recreational uses that will take things Into consideration like the capacity of the utilities in the area; those could probably drive the level of density on that given tract. We have come up with a couple different scenarios of what that could took like. It could be high density with the ballfield, maybe medium density residential and the ballfield is somewhere else, and maybe it just stays the ballfield but high-density development on another borough owned lot. The idea would be to follow the process that they used for Federal project development and do some investigation about what's there now, do an analysis, get the public involved, get all the agencies involved, do some joint work sessions, and things like that. Then develop some scenarios to come up with at least rough numbers for how many lots the given type we can fit in there, where access points would be. We have your information and that would be a good starting point. Hopefully, as part of the master planning process, we will also be able to come up with a decent implementation plan so there can be some sort of timeline or agreement of whose money is going where in the future. She does not know if we would adopt it as part of the Comp Plan or a stand-alone plan but that outline is out there and there is a project schedule that Director Pederson is reviewing now. Hopefully, he will have it done within the next 1 '/] years. During discussion, CHAIR SALTONSTALL stated that the committee has talked about the need for a Comprehensive Parks Plan. Never being enough fields and the city doing all the maintenance for all parks including the borough parks as well, wetlands delineation, sewer and water. Consensus to keep this item as a placeholder on the agenda. Mason stated it was Director Pederson's plan to mention this at tomorrow's Lands Committee meeting as an introduction and it will probably be given to P&Z to chew on at their next meeting. Discussion A) Trail Summit Planning Discussion of the Draft Trails Summit agenda. They liked the draft agenda. Make sure to talk to GIs people to have the right maps and everything. Maker stated that CHAIR SALTONSTALL can coordinate getting all of the maps and everything with Tom Quass and Paul Van Dyke. B) Monashka Bandit Range CHAIR SALTONSTALL said he does not anticipate anything being needed on this right now Quass stated COMMITTEE MEMBER WOLKOFF had sent him some links to possibly getting grants for clean up but at the next meeting we can talk about how we want to apply because 2/2 312 01 6 Page 3 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 180 of 188 AGENDA ITEM #17.A.1. one grant is a ways off. Quass will start looking at that and put some info together to bring to the committee. We need to talk about who's going to do the work, how extensive do we want to go, or do we want to use money just to have some type of analysis done like people coming in to see what the lead content is. Committee discussion of the Monashka bandit range and cleaning it up. Quass said he will look at it and at the next meeting we can talk about what do we actually want to do about it, just clean it up or do more with it. C) Termination Point (Placeholder) D) Saltery Trail Improvements (Placeholder) Quass said we are starting to see some work on it, design sluff to build up for the project. E) Island Lake Trail Improvements (Placeholder) Quass said ti is the same for Island Lake Trail. NEW BUSINESS A) Anton Larsen Road Project -# 2 on CIP List (Placeholder) Discussed earlier in the meeting. B) Trails Within the Watershed Area — Pillar Creek Bench trail (#47) Quass said you have it in your packet. After the committee said they do not have what Quass has, Quass said he has the one they need. Quass said here is Monashka Bay Road driving out; here is the hatchery and the Pillar Creek bench. What came about is the map that KFRC gives away. Someone came in to say that there is a sign there that says no trespassing. Quass went out to take pictures of it and then talked to Pederson who said he thinks he remembers signs being put in but he was not sure. Quass then had a conversation with Mark Kozak, City Public Works, about the watershed. Kozak told him about halfway down is where there is a lot of damage from ATV's. We have it listed at a 3A and 3B on the map. Discussion of that trail. Maker said there are errors on the trails map. Quass said from there down in the watershed has been tom up. This water supply is a backup - backup for the Monashka water system. If they had to, they would pump water from here up to Pillar or whatever or into there to fill it up. That whole area is actually Stale property. The rest talks about the city ordinance and the land regulations that says they need to regulate the watershed areas, then there is Extra Territorial Jurisdiction, which is Alaska State Statute that says basically the municipality can exercise power necessary to facilitate service etcetera for waste disposal, utility services and things like that even if it's not their property. It is similar to eminent domain. Even though this is State property, the borough has designated it as Conservation which if you read Conservation means there Is a whole plethora of things you can do. The permitted principle uses are all the principle uses of the Natural Use District, which is to protect trails on public lands, protect waterways and their banks, and so forth. The principle uses are also fish, wildlife, hunting, trapping, plant gathering, passive recreation activities, pedestrian trail and trail system but its marked as Conservation which includes all the things that Natural Use District that also includes agricultural activities and related structures, commercial fishing, commercial guiding, in or outdoor activities, parkslrecreation activities, and single-family dwellings. The bottom line is Mark Kozak would like the borough or this group to close that trail down, let it grow over, and no one use it. 223/2016 Page 4 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 181 of 188 AGENDA ITEM #17.A.1. Discussion of the area being watershed, signs, four -wheeler use in the past, and taking it off the map so people do not go there. Quass said he would talk to Mark Kozak again. A) March Planning and Zoning Public Hearing Items Maker talked about the upcoming PBZ cases. COMMITTEE MEMBER MILLSTEIN MOVED to accept Communications. VOICE VOTE CARRIED UNANIMOUSLY REPORTS Meeting Schedule: • March 22, 2016 Parks & Recreation Committee Regular Meeting - 7 p.m. - KIB Conference Room • April 5, 2016 Parks & Recreation Committee Trails Summit - 7 p.m. — KIB Assembly Chambers • April 26, 2016 Parks & Recreation Committee Regular Meeting - 7 p.m. - KIB Conference Room CHAIR SALTONSTALL requested the Near Island Update on the next agenda. COMMITTEE MEMBER JOHNSON MOVED to accept Reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Sharon Wolkoff asked if we want to add the Pillar Mountain discussion to Planning and Zoning. Ben Millslein said this was his first meeting and he thinks it went well. He appreciates the members unhurried willingness to speak. CHAIR SALTONSTALL said he could not wait until the Trails Summit. ADJOURNMENT COMMITTEE MEMBER JOHNSON MOVED to adjourn. VOICE VOTE CARRIED UNANIMOUSLY CHAIR SALTONSTALL adjourned the meeting at 8:08 p.m. ATTEST By: O • ) Sheila Smith, Secretary Community Development Department APPROVED: March 22, 2016 2/23/2016 ODIAK I LAND OR G PARS N REC ION C MMITTEE By: APdWck\S61tonstaVC Page 5 of 5 Parks and Recreation Minutes Architectural/Engineering Review Board Meeting Minutes of De... Page 182 of 188 F -, TOO K. F-,WNIuEIRMWA SOLID WASTE ADVISORY BOARD MAR 16 2016 REGULAR MEETING MINUTES February 8, 2016@ 5:15 PM 60 3Ua"cW4K'SoF Kodiak Fisheries Research Center Koum AtgSKA 1. Call to Order Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:15 p.m. on February 8, 2016 at the Kodiak Fisheries Research Center. 2. Roll Call J. Clay conducted a roll call and a quorum was established. The following members present were Chair Nick Szabo, Scott Arndt, Jeff Stewart, and Steven Neff. Jennifer Culbertson was absent. Also present were Non -Voting Ex-Officios Joe Lipka, Robert Gray, USCG Environmental Division Chief and Dennis Symmons, Assembly Representative. 3. Approval of Agenda ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. Approval of Previous Minutes— December 14, 2015 ARNDT moved to approve the minutes of December 14, 2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. S. Visitor Comments None. 6. DISCUSSION/ACTION ITEMS: A. Elements of Solid Waste Contract SWAB presented to the Assembly nine (9) recommendations which SWAB would decide with staff on how to proceed: 1. Do not extend Alaska Waste Contract — the Assembly agreed with this. Bob Tucker, Director of Engineering offered to find the word document and make the adjustments to the statement of work and contract. Szabo asked staff to provide a first draft so SWAB could review and make changes. Jeff Stewart proposed the contract should include two bids, one with the book keeping and one without to show the Assembly the difference in cost. Solid Waste Advisory Board Regular Meeting February 8, 2016 Page 1 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 183 of 188 AGENDA ITEM #17.A.1. 2. All residential customers pay the same fee for garbage collection — Tucker asked if the Assembly wanted this fee changed now or with the new contract. This needs to be brought back to the Assembly for clarification. Arndt suggested the fee start July 1". 3. Residential garbage collection fee to be collected by Borough through a special assessment— The Assembly did not support this. 4. Roll cart collection removed from Hillside drive, Selief Lane and Sharatin Road — Arndt suggested to be completed by fall 2016. It was suggested to return to Assembly for clarification on a starting date. Szabo would like SWAB involved when deciding where to locate the dumpsters. 5. Change KIB code to restrict times when roll carts are placed next to curb —The Assembly did not support this. Szabo suggested doing community outreach using radio and newspaper ads to educate the public on the hazards of putting roll carts out early. Svoboda of Alaska Fish and Game suggested since they have door hangers and PSA's already written up they could do some of the ads. 6. Schedule garbage collection after 8:00 am —The Assembly did not support this. 7. All dumpsters replaced with bear resistant dumpsters —This has been completed. 8. Dumpster clusters set up in strategic locations. Cluster sites will be graded, fenced and accompanied with bins for cardboard and plastics — Lipka, KIB Environmental Specialist mentioned having a few potential sites discussed In the past. Also anything involving extensive costs the Assembly may not approve. Tucker said costs could raise garbage rates. He will provide an estimated cost of this project for the Assembly approval. 9. Reuse Center to be constructed in Dark Lake Area and will include dumpster cluster and accept reuse items, MSW and recyclables— Assembly was not Interested in spending money on at this time. SWAB will address at a later date. B. Reuse of Discarded Commercial Foodstuffs Jeff Stewart explained the food bank and how businesses in town donate unused food. His concern was about one business which did not donate all they could and in fact send it to the landfill instead. The food bank does not have enough food to keep up with the community needs. other countries edible food goes to humans first, then to animal's food, then to composting and only then does it go to the landfill. He would like SWAB to get involved with this program. Board discussion ensued. SWAB Board agreed to send a letter to local food establishments inquiring as to their food disposal practices. Jeff Stewart will forward information to the Board. Solid Waste Advisory Board Regular Meeting February 8, 2016 Page 2 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 184 of 188 Tel-WISM,EilAiEdiM,WiA 7. Visitor Comments: None, B. Board Member Comments: Dennis Symmons — He chose this board and was glad to be part of SWAB. He liked how everyone was encouraged by the Chair to speak freely. Jeff Stewart — None. Steven Neff—None. Bob Gray — None. Scott Arndt — Was sorry to hear that Joe Lipka was leaving. It was great working with him and he thanked Joe for time spent with the Borough. He wanted to wish Joe the best and it was a pleasure working with him. Nick Szabo — We appreciate all the work Joe put into SWAB. It was not always an easy task. It was a pleasure working with Joe. We are looking for new SWAB members. He welcomed the new Manager of Alaska Waste, Mike Shrewsbury. 9. Meeting Schedule: The next regular meeting was scheduled for March 14'h at 5:15. 10. Adlournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 6:25 PM. SUBMITTED BY: JenO Clay, Sectary KIB Engineering/Facilities Department APPROVED BY: r N abo, Chair N - Waste Adv ory Board Solid Waste Advisory Board Regular Meeting Date: 5,11/ I& February 8, 2016 Page 3 of 3 Architectural/Engineering Review Board Meeting Minutes of De... Page 185 of 188 AGENDA ITEM #17.A.1. Architectural/Engineering Review Board Meeting Minutes of De... Page 186 of 188 AGENDA ITEM #17.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTE'S I MAR 10 2016 Date: Fcbruary2.20M i , L__..._. _— .. CuII to order: 7:I4 pm n_nvcutrn 411 r!K'-1-1 Members Present: George Lee, Drive Heuman. Dave Conmd, cret, rctl Egle and John Isadore Member excused: Jessica Horn Also present: Kevin Arndt (Contractor), Dale Rice -Fire Chief, George Marshall, Pete Thompson. and Scott Kranz Minutes approved and signed: Regular meeting December I, 2015. Citizens Comments: George Marshall and Pete Thompson both spoke to the culvert/ditch flooding occurring on the south side Womens Bay drive adjacent to Thompsons parcel, and continuing on downhill across Marshalls' driveway on down towards Alder Lane. Scott Kranz spoke to the disposal orthe Old'funker Truck; he requested it to be put up to a public auction if possible. Contractor's Comments: Signs are installed, except for 3 that arrived flawed. They did spot grading, storm repair, tree rail removal. and ditching in the last 2 months. No snow removal though. Chairman's Comments: Work Orders: 3 Work Orders ouistandinu. Crack Scaling -On Weather Hold Signage pends 3 new signs Grading/as possible o Did BF Rd, Preston Ln. Oiler ditching: and tree removal after high winds.. Unfinished Business: Fire Department Emergency Shelter e El. Punchlist items for apartment wiring, work pending Old Tanker Truck Architectural/Engineering Review Board Meeting Minutes of De... Page 187 of 188 AGENDA ITEM #17.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES o Motion to transfer Old Tanker Truck to Bayside FD to use as a pans truce:. best value use for old truck essentially the same as theirs.. o Passed unanimously. Road Service Asphalt Repairs: on weather hold Cottonwood Circle encroachment, ongoing: New KIB Code Enforcement Officer on staff, will pursue progress Culvert markers, Neuman, ongoing New Business Fire Department Tumout Replacement: Meeting with Fire Chiefs on 2/3. 16, options to be present- ed ut our nest regular meeting Suburban Disposal: o We will get it running to prepare to sell; it will now start but not sustain. Apartment Rental o New I yr lease as of 1.1.16 Budget Planning Work session; 2.16.16, 7pm at Fire flail Road Service Budget Planning Work session; 2.16.16. 7pm at Fire Hull Next Regular Meeting//Combined Budget Bearing on Mar 8, 3016 7:00 PM at the WBFD 4CIIAERS d at 8:35 pro �%J QI N If � ( WITNESS Architectural/Engineering Review Board Meeting Minutes of De... Page 188 of 188 Kodiak Island Borough Assembly Regular Meeting Guidelines April 7, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Richard Greene of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly Members Rebecca Skinner and Dan Rohrer who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES # Regular Meeting Minutes of February 18 and March 3, 2016 and Special Meeting Minutes of February 15, February 25, and March 10, 2016. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 1 7. AWARDS AND PRESENTATIONS A. Child Abuse Prevention Month Proclamation — Mayor Friend • Accepting: Kodiak Womens Resource and Crisis Center Outreach Coordinator Lauren Humphrey B. Sexual Assault Awareness Month Proclamation — Mayor Friend • Accepting: Kodiak Womens Resource and Crisis Center Outreach Coordinator Lauren Humphrey C. Month of the Military Child Proclamation — Mayor Friend • Accepting: Lirette Family D. Week of the Young Child Proclamation — Mayor Friend • Accepting: KANA Infant Learning Program Representative Amanda Sanford 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Recommended motion: Move to approve Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager. Staff Report—Administrative Official Roberts Assembly Discussion Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 2 B. Resolutions Resolution No. FY2016-33 Approving a Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. Recommended motion: Move to approve Resolution FY2016-33. Staff Report—Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. D. Other Items 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, April 14 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, April 21 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 3 The discussion of the details of the manager's contract and the negotiation should occur publicly. If the Assembly thinks that the qualifications of Mr. Powers will be brought up and the discussion is going to be prejudicial to his character and reputation, the Assembly may consider convening into executive session. Recommended motion: Move to convene into executive session to discuss a subject that qualifies for executive session as a matter that may tend to prejudice the applicants' reputation or character. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Human Resource Officer, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Note: No action can be taken during executive session except to instruct staff. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces: • The Assembly discussed the qualifications of applicants for the Borough Manager's Position and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. Assembly Discussion. ROLL CALL VOTE ON THE MAIN MOTION (Approval of Contract No. FY2016- 44). Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 4 �—D % 0 w < k _ 2 w $ acn. ® ° >- § \ g 0 a § § \!c © 0EI /S \0 ucn ) -j Cl)\ p z o S. >- ¥ £ / k £ £ / ( \ 2 Cl. m > LL0 § 6 $ cu� , § : { f Q § \ j ! ) ) ) [ 2 { ) 0 ) u I CO f C'. 6&{© m ¥ 0 ( § \ 2 0 u ® § \ \ Ell § Q » Z § \ \ r / Cl. e \ \ LL \ k § / ) 0 w . . . . . o § E ( m� 5££ 5&§ e E g } \ o o fn LU LLJ \ En 7 (nLL £ § ! ) k ° / k } ! ) . C' -e § .. / S C)u I = m C/)\ £ / \ ® m @ & / k ` E £ ) ( ] \ 2 / �0 § \ w \ & m & > 0 ( 0 : } Cl) § \ } o z !§/{\ 2 E o .. e § a ƒ G / e J / ( m m EG § § a u 0 cc m � U) « $ J § M J } « k � m 3 40 � & _ 7 3 < rom # R \ \ yg�& cri 2 LU § \ cn r /Ca k j / / § / \ } § .. ) u I ) f / / 0 > ± k / £ 5 / \ @ / } 2 Cl LU &} / m 0 w j r 2 £ k j k < LL ! D a R ) / ) f W & { ® @ & § 5 5 £ \ ( \ § CL 2 % O § cu{ m § \ & ƒ \ \ ƒ x r Cl.R § £ CJ § \ !f/ \§\-\ƒ \ U) f A ( E \ LUC)/ m m5§ e /� 2 < o \ _ § \ %3/m\ } % { 4-- \ / \ a r o f / k j ) / § / E . § 2 0 S / ) -i ( U) ) f < / \ ® / @ £ § & £ £ / ( [ \ § [ o CID ¢ [ & r / k . d ® ) § / / § § ( \ ! r a I Cl) J _J § � —1 cri KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: (-0 Please PRINT your name Please PRINT your name L5�,core `��c��✓ `- ' View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of April 7, 2016, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, April 21, 2016, at 6:30 p.m. in the Borough Assembly Chambers. PROCLAIMED the Month of April 2016 as Child Abuse Prevention Month and Called Upon all Citizens to Increase Their Participation in our Efforts to Prevent Child Abuse, Thereby Strengthening the Communities in Which we Live. PROCLAIMED the Month of April 2016 as Month of the Military Child and Encouraged all Kodiak Residents to Show Appreciation, Support, and Understanding to the Military Children in our Community. PROCLAIMED the Month of April 2016 as Sexual Assault Awareness Month and Encouraged all Residents to Support Local Activities and Programs, Which Assist Victims, and to Learn More About the Pervasiveness to Sexual Assault in Alaska so we may Eliminate this Heinous Crime. PROCLAIMED the Week of April 10 Through April 16, 2016 as the Week of the Young Child™ in Kodiak, Alaska and Encouraged all Citizens to Work to Make a Good Investment in Early Childhood in Kodiak, Alaska. FAILED Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. POSTPONED Resolution No. FY2016-33 Approving a Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center to the Next Regular Meeting of the Borough Assembly. Vol. FY2016, No. 24 April 8, 2016 Kodiak Island Borough Assembly Newsletter