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LEASE AGREEMENT FOR REAL PROPERTY NUMBER TC-I-025215 FOR TWO BOAT SLIPS 6650 Telecom Drive Indianapolis, IN 46278 u. S. Customs and Border Protection November 7, 2006 Mr. William D. Morris Marine and Aviation Department City of Clearwater Clearwater Municipal Marina 25 Causeway Boulevard Clearwater, Florida 33767 Dear Mr. Morris: Thank you for signing and returning U.S. Government Lease Agreement for Real Property Number TC-I-025215, for two (2) boat slips located at the Clearwater Municipal Marina, Clearwater, Florida, to be used by the U. S. Customs and Border Protection. Enclosed is your executed copy of the lease. Please note that a monthly payment of $326.59 will be made automatically from the Accounting Services Division; therefore, no invoices are required. If you have any questions please call me on 317-614-4791. Thank you for your continued support. Sincerely, 7 ... . ft>w~ ~ tL~/ Susan S. Hansen Contracting Officer Leasing Team Fax Number: 317-298-1593 Email: susan.hansen@dhs.gov U.S. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form) 1. UoASE NUMBER HSBP-1107-L-IN0088 PART I - SOLICITATION/DESCRIPTION OF REQUIREMENTS (To be completed by Government) A. REQUIREMENTS The Government of the United States of America is seeking to lease Two (2) Boat Slips located in the Clearwater, Florida area for occupancy not later than Octobet 1, 2006, for a term of 5 years but not beyond September 30, 2011. Rentable space must yield 2 Boat slip for use by the U. S. Customs and Border Protection for personnel and equipment. INITIAL OFFERS ARE DUE ON OR BEFORE CLOSE OF BUSINESS B. STANDARD CONDITIONS AND REQUIREMENTS The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the GOVERNMENT): Space offered must be in a quality building of sound and substantial construction, either a new, modern building or one that has undergone restoration or rehabilitation for the intended use. The Lessor shall provide a valid Occupancy Permit for the intended use of the Government and shall maintain and operate the building in conformance with all applicable current (as of the date of this solicitation) codes and ordinances. Below-grade space to be occupied by the Government and all areas in a building referred to as "hazardous areas" in National Fire Protection Association Standard 101, or any successor standard thereto, must be protected by an automatic sprinkler system or an equivalent level of safety. A minimum of two separate stairways shall be provided for each floor of Government occupancy. Scissor stairs will be counted as one stairway. If offered space is 3 or more stories above grade, additional egress and fire alarm requirements may apply. The Building and the leased space shall be accessible to the handicapped in accordance with the Americans With Disabilities Act Accessibility Guidelines (36 CFR Part 36, App. A) and the Uniform Federal Accessibility Standards (41 CFR 101-19.6, App. A). Where standards conflict, the more stringent shall apply. The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to Environmental Protection Agency guidance shall be implemented. The space shall be free of other hazardous materials according to applicable Federal, State, and local environmental regulations. Services, utilities, and maintenance will be provided daily, 24 hours including Saturday, Sunday, and Federal holidays. The Government shall have access to the leased space at all times, including the use of electrical services, toilets, lights, elevators, and Government office machines without additional payment. 2. SERVICES AND UTILITIES (To be provided by Lessor as part of rent) 0 HEAT 0 TRASH REMOVAL 0 ELEVATOR SERVICE It] ELECTRICITY 0 CHILLED DRINKING WATER 0 WINDOW WASHING 0 POWER (Special Equip.) 0 AIR CONDITIONING Frequency It] WATER (Hot & Cold) 0 TOILET SUPPLIES 0 CARPET CLEANING 0 SNOW REMOVAL 0 JANITORIAL SERVo & SUPP. Frequency 3. OTHER REQUIREMENTS o INITIAL & REPLACEMENT LAMPS, TUBES & BALLASTS o PAINTING FREQUENCY o OTHER (Specify below) Space Public Areas A. General Clauses (GSA Form 3517A) B. Representations and Certifications (GSA Form 3518A) NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Government's General Clauses and Representations and Certifications. 4 IlASIS OF AWARD o THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSI/BOMA Z65.1-1996 DEFINITION FOR BOMA USABLE OFFICE AREA, WHICH MEANS "THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED." It] OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATtON FACTORS BEING D SIGNIFICANTL Y MORE IMPORTANT THAN PRICE o APPROXIMATELY EQUAL TO PRiCE D SIGNIFICANTLY LESS IMPORTANT THAN PRICE (Listed in descending order, unless staled otherwise): GENERAL SERVICES ADMINISTRATION Page 1 of 2 GSA Form 3626 (Rev. 10-96) Prescribed by APD 2800.12A PART II - OFFER (To be completed by Offeror/Owner) A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT City of Clearwater Municipal Marina a. FLOOR(S) 6. LOCATION(S) IN BUILDING b. ROOM NUMBER(S) 5. NAME AND ADDRESS OF BUILDING (Include ZIP Code) 25 Causeway Boulevard Clearwater, FL 34630 c. RENTABLE SQ. FT. d. TYPE o GENERAL OFFICE o WAREHOUSE o OTHER (Specify) 2 Boat Slips B. TERM To have and to hold, for the term commencing on October 1, 2006 and continuing through September 30, 2011, with an annual price adjustment based on the Consumer Price Index for the Tampa, Florida area. The Government may terminate this lease at any time on or after November 30, 2006, by giving at least 30 days notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. C. RENTAL Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. $3,919.08 9. MAKE CHECKS PAYABLE TO (Name and address) City of Clearwater Marine Department 25 Causeway Boulevard Clearwater, Florida 34630 7. AMOUNT OF ANNUAL RENT B RATE PER MONTH $326.59 10a. NAME AND ADDRESS OF OWNER (Include ZIP code If requested by the Government and the owner is a partnership or joint venture, list all Generai Partners, using a separate sheet, it necessary.) City of Clearwater Clearwater Municipal Marina 25 Causeway Boulevard Clearwater, Florida 34630 10b. TELEPHONE NUMBER OF OWNER 727-462-6954 11. TYPy6F INTEREST IN PROPERTY OF PERSON SIGNING [3" OWNER 0 AUTHORIZED AGENT o OTHER(Specitn 12. NAME OF OWNER OR AUTHORIZED AGENT t..: I U-.. 14. SIGNATU....RE Ol',~ER OR AUTHORIZED AGENT Jd~)~ 15. DATE ~ ~ 9/Cep 16. OFFER REMI\INS OPEN UNTIL 4:30 P.M. (Date) PART III - AWARD (To be completed by Government) Your offer is hereby accepted. This award consummates the lease which consists of the following documents: (a) this GSA Form 3626, (b) Representations and Certifications, (c) the Government's General Clauses, and (d) the following changes or additions made or agreed to by you: THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 2t1 S C{ V> S. !ita, S-'2~ E OF CONTRACTING OFFICER 17c. DATE 17a. NAME OF CONTRACTING OFFICER (Type or Print) II GENERAL SERVICES ADMINISTRATION Page2of2 GSA Form 3626 (Rev. 10-96) Prescribed by APD 2800.12A GENERAL CLAUSES (Simplified Leases) (Acquisition of leasehold Interests in Real Property for leases Up to $100,000 Net Annual Rent) 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the lessor and no further rental will be due. 3. The lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (VARIATION) (SEP 21001) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517A (Full Text) at http://www.gsa.gov/Portal/offering.jsp?OID=113404 GSAR 552-203-5 6. The following clauses are incorporated by reference: GSAR 552-203-70 FAR 52.209-6 FAR 52.219-9 FAR 52.219-16 GSAR 552.219-72 GSAR 552.219-73 INITIALS: !t.~2i~ lESSOR COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over $100,000.) PRICE ADJUSTMENT FOR IllEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over $100,000.) PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUl 1995) (Applicable to leases over $25,000.) SMAll BUSINESS SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over $500,000.) LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over $500,000.) PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (SEP 1999) (Applicable to leases over $500,000 if solicitation requires submission of the subcontracting plan with initial offers.) GOALS FOR SUBCONTRACTING PLAN (SEP 1999) (Applicable to leases over $500,000 if solicitation does not require submission of the subcontracting plan with initial offers.) & 1}A GOVERNMENT GSA FORM 3517A PAGE 1 (REV 9/01) FAR 52.222-26 FAR 52.222-21 FAR 52.222-35 FAR 52.222-36 FAR 52.222-37 FAR 52.232-23 GSAR 552.232-75 GSAR 552.232-76 FAR 52.233-1 FAR 52.215-10 FAR 52.215-12 EQUAL OPPORTUNITY (FEB 1999) (Applicable to leases over $10,000.) PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (Applicable to leases over $10,000.) AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (Applicable to leases over $10,000.) AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over $10,000.) EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) ASSIGNMENT OF CLAIMS (JAN 1986) (Applicable to leases over $2,500.) PROMPT PAYMENT (SEP 1999) ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) DISPUTES (DEC 1998) PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applicable when cost or pricing data are required for work or services exceeding $500,000.) SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applicable when the clause at FAR 52.215-10 is applicable.) The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. INITIALS: t '"'-1:)~ lESSOR & ~ GOVERNMENT GSA FORM 3517A PAGE 2 (REV 9/01) REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number (Simplified Acquisition of Leasehold Interests in Real Property for HSBP-1107-L-IN0088 Leases Up to $100,000 Annual Rent) Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner. Dated . 1. SMALL BUSINESS REPRESENTATION (SEP 2001) 2. (a) The offeror represents that it [ ] is, [ ] is not a small business concern. "Small" means a concern, including its affiliates, that is independently owned and operated, is not dominant in the field of operation, and has average annual gross revenues of $15 million or less for the preceding three fiscal years. The North American Industry Classification System (NAICS) code for this acquisition is 531190. The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. The offeror represents that it [ ] is, [ ] is not a women-owned small business concern as defined in 48 CFR 52.219-1. The offeror represents that it [ ] is, [ ] is not a veteran-owned small business concern as defined in 48 CFR 52.219-1. (b) (c) (d) (e) The offeror represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern as defined in 38 U.S.C. 101 (2), 38 U.S.C. 101 (16), and 48 CFR 52.219-1. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable to leases which exceed $10,000.) The Offeror represents that -- (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation; It [ ] has, [ ] has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 3. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (b) (c) (Applicable to leases which exceed $10,000 and which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror represents that -- It [ ] has developed and has on file, [ ] has not developed and does not have on file, 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 It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.) 4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) INITIALS: (a) (b) (Applicable to leases which exceed $100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989, -- (b) (1 ) 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 officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract, the making of any Federal !;)rant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (2) (3) t~Il-- LESSOR ~ & GSA FORM 3518A PAGE 1 (REV 9/01) GOVERNMENT Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form 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. 5. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. (c) (b) (c) (d) "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. 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 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting 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 information may result in a 31 percent reduction of payments otherwise due under the contract. 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. Taxpayer Identification Number (TIN). TIN: TIN has been applied for. TIN is not required because: 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 States 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; Offeror is an agency or instrumentality of the Federal government; * * * (e) Type of organization. * Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4; Other Sole proprietorship; Partnership; .c orporate entity (not tax-exempt); /Corporate entity (tax-exempt); (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 {' (tf c i tU..n2iJi-)Tt:k TIN ' 6. OFFEROR'S DUNS NUMBER (APR 1996) * * Enter number, if known: Name and Address (Including ZIP Code) City of Clearwater Marina Marina & Aviation Dept. 25 Causeway Blvd Clearwater, FL 33767 Telephone Number 727-462-6954 OFFEROR OR AUTHORIZED REPRESENTATIVE "', .'/-"" '",,- /~n ) ~ 1/ <~~'_e.~' ~ i / () I"j 'i' ,7 I (71 l{ ,.' C l, Date Signature & S14 INITIALS: L(l)h- lESSOR GSA FORM 3518A PAGE 2 (REV 9{01) GOVERNMENT