ESBD_File_347955_RFP FY24-01 MPWFC Lease Final.pdf

REQUEST FOR PROPOSAL

RFP: FY 24-01

Facility Leasing – Mt. Pleasant Workforce Center

Schedule of Major Events

RFP Release January 17, 2024

Deadline to Submit Questions & Answers (Q&A) Form January 26, 2024 (No later than 4pm Central/CT)

Responses to Q&A Posted January 31, 2024 (No later than 4pm Central/CT)

RFP Proposals Due February 16, 2024(No later than 4pm Central/CT)

Notice of Award February 23, 2024

Lease Begin Date March 1, 2024

911 North Bishop Road, Building A

Wake Village, Texas 75501

903.794.9490

North East Texas WDB RFP FY 24-01 February 17, 2024

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FACILITIES LEASING REQUEST FOR PROPOSAL

SECTION I

GENERAL

The North East Texas Workforce Development Board (herein after referred to as “Board”), d.b.a. Workforce Solutions

Northeast Texas, a 501(c)3 not-for-profit, tax-exempt organization, in compliance with Texas laws SB 642 and HB

1863, is the local policy making body for the Northeast Texas Workforce Development Area (WDA). The Board is comprised of 27 members appointed by the Texas Workforce Commission. This regional, policy-making board has a private sector majority represented by businesspersons and also has representation from labor, education, community based organizations and economic development concerns. The Board provides policy and program guidance and exercises independent oversight and evaluation of workforce development programs and services that affect area employers, residents and job seekers in Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus counties.

This document conveys all the information necessary to enable a prospective proposer to submit a response to this

Request for Proposal (RFP). The absolute parameters of the award, including, but not limited to, timeframes and price, shall be specified in the final lease agreement.

The lease resulting from this RFP will be issued in accordance with Texas Government Code, Title 10, Subtitle D, Chapters 2151 through 2176 and rules of the General Services Commission.

1. SCOPE: Lease or build to suite, lease back of approximately 4,700 sq. ft. of office space in the State of Texas located the city of Mt. Pleasant, Texas, reference Attachment A for detailed lease specifications.

2. LEASE TERM: This lease shall be for a period of ten (10) years beginning March 1, 2024, with options to renew two

(2) additional five (5) year terms.

3. DEFINITIONS:

“ADA” – Americans with Disabilities Act

“NETxWDB” – North East Texas Workforce Development Board

“TAS” - Texas Accessibility Standards

SECTION II

SUBCONTRACTING

SUBCONTRACTORS: Subcontractors providing a service under the lease shall meet the same requirements as required of the lessor. No subcontract under the lease shall relieve the lessor of responsibilities for the lease. If the lessor uses a subcontractor for any of the work required by the lease, the following conditions shall apply under the listed circumstances:

a. Lessors planning to subcontract all or a portion of the work shall identify the proposed subcontractors.

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b. All Subcontracting shall be at the lessor’s expense.

c. The Board retains the right to check subcontractor’s background and make determination to approve or reject the use of submitted subcontractors.

d. The lessor shall be the only contact for the Board and subcontractors. Lessor shall list a designated point of contact for all Board and subcontractor inquiries.

SECTION III

PROPOSAL INFORMATION

1. INTRODUCTION: This Request for Proposal (RFP) describes space to be leased as approximately 4,700 usable square feet of Office Space for the Mt. Pleasant Workforce Center. The proposed lease must be for a Texas facility in the city of Mt. Pleasant, Texas.

2. THE LEASE: The standard lease requirements, attached as Attachment B forms the basis for the lease agreement.

The initial term of the lease will be for ten (10) years with an option to renew two (2) additional five (5) year terms.

3. SCHEDULE OF EVENTS: The Board reserves the right to change the dates shown below upon written notification.

Schedule of Major Events

RFP Release January 17, 2024

Deadline to Submit Questions & Answers (Q&A) Form January 26, 2024 (No later than 4pm Central/CT)

Responses to Q&A Posted January 31, 2024 (No later than 4pm Central/CT)

RFP Proposals Due February 16, 2024 (No later than 4pm Central/CT)

Notice of Award February 23, 2024

Lease Begin Date March 1, 2024

Designated Contact

The individual listed below is the contact during the proposal submission process. All questions must be submitted in writing by January 26, 2024 (No later than 4pm Central/CT) using Exhibit C and emailed to:

Kelly Waddell, Senior Accountant/Procurement Officer

Workforce Solutions Northeast Texas

911 North Bishop, Building A, Suite 100

Wake Village, Texas 75501

Telephone: 903.794.9490, ext. 521

E-mail: kelly.waddell@netxworks.org

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4. PRE-PROPOSAL CONFERENCE: A Pre-Proposal Conference will not be held.

5. PROPOSAL REQUIREMENTS:

5.1 Submission:

5.1.1 All responses must be submitted via electronic mail to the designated contact above by February 16, 2024, no later than 4:00 PM Central.

5.1.2 Respondents to this RFP are responsible for all costs of proposal preparation.

5.1.3 The Board reserves the right to reject late submittals.

5.1.4 The lessor must indicate the costs for Utility Costs and Janitorial Costs, if being proposed as part of the rental amount, on the proposal submittal form. The Board reserves the right to assume costs for those services at any time during the original lease period or renewal and to reduce the monthly rental by applicable amount.

5.2 Proposal Content:

Proposal Submittal and Execution of Proposal Form (Exhibit B) must be completed and returned as the proposal. Failure to do so will result in disqualification. Proposals submitted without this information will be rejected. The Board reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the Mt. Pleasant Workforce Center. Only ONE location may be submitted per proposal.

Exhibit B: Proposal Submittal and Execution of Proposal form. Respondents shall provide a Lease Space Cost for the property to be leased in response to this RFP. This form is to be completed and returned with the proposal. It is to be signed by an authorized agent of the lessor. Failure to do so will result in disqualification of the proposal.

Condition of Facility: If the proposed lease space is not currently operating as the Workforce Center, a description of the facility offered must be included as part of the proposal for the purpose of evaluating condition of facility.

If applicable, attach additional pages to Exhibit B describing:

a. the original use versus current use;

b. age of facility offered;

c. general condition of building;

d. security for parking and building;

e. description of TAS and ADA compliance;

f. description of any asbestos, mold or other hazardous abatement in the past 5 years;

g. one (1) signed original and three (3) copies of property condition statement; and

h. a copy of all utility bills for the past year.

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5.3 Inquiries:

5.3.1 All inquiries shall be submitted in writing to the designated contact above, by the date specified in this document.

5.3.2 All inquiries that result in written addenda to the RFP may be obtained through the point of contact listed above.

5.3.3 Upon issuance of this RFP, besides written inquiries as described above, other employees and representatives of the Board will not answer questions or otherwise discuss the contents of the RFP with any potential lessor or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal.

5.4 Delivery of Proposals - All responses must be submitted via electronic mail to the designated contact above by February 16, 2024 (No later than 4pm Central/CT)

5.5 Proposal Opening:

5.5.1 Proposals will be received until the date and time established for receipt. Proposals shall be opened in a manner that does not disclose the contents before a lease is awarded. Only the names of the respondents who submitted proposals will be made public. The Board considers all information, documentation, and other related submission materials to be confidential and/or proprietary before a lease is awarded.

5.5.2 Telephone and facsimile proposals are not accepted in response to this RFP.

5.5.3 All submitted proposals become the property of the Board after the RFP submittal deadline/opening date.

5.5.4 Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by the Board.

5.5.5 Proposer certifies that owner is not currently delinquent in the payment of any taxes or certain debts owed.

6. PROPOSAL EVALUATION

6.1 Evaluation Criteria

Price 50% Condition of Facility (Using information listed in Section 6.2 below) 50%

100%

6.2 In determining the best value and evaluation Condition of Facility, the Board may consider:

(1) The cost of the lease contract;

(2) The condition and location of lease space;

(3) Utility costs;

(4) Access to public transportation;

(5) Parking availability;

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(6) Security;

(7) Fiber optic availability;

(8) Indicators of probable lessor performance under the lease, such as the lessor's financial resources and the lessor's experience;

(9) Compliance with the architectural barriers law, Article 9102, Revised Statutes; and

(10) Other relevant factors.

6.3 The intent of the Board is to award a lease to the lessor whose proposal is considered to be the best value to the Board.

6.4 An evaluation committee will be established to evaluate the proposals.

6.5 The Board reserves the right to reject any or all proposals submitted, or to award a lease to the lessor whom in the Board’s opinion offers the best value. The Board also reserves the right to cancel the RFP process and pursue alternate methods for providing the space requirements.

6.6 The Board reserves the right to conduct studies and other investigations as necessary to evaluate any proposal.

6.7 The Board reserves the right to waive any minor technicality noted in the submission process. Submission of proposals confers no legal rights upon any proposer.

6.8 The Board reserves the right to request further documentation or information and to discuss a proposal with any proposer in order to answer questions or to clarify any aspects of the proposal.

6.9 The Board may develop a “short list” of qualified proposals, and may determine that the proposer(s) should submit a Best and Final Offer (BAFO). Each “short listed” proposer will be given a reasonable opportunity for discussion and revision of their proposal.

6.10 When space offered is to be constructed, the Board may require additional information or documentation before a lease is awarded.

7. SELECTION AND AWARD PROCESS

7.1 Proposals shall be scored by an evaluation committee, using the criteria shown in Section 6.1 above. The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a lease may be made without discussions or Best and Final Offers, if in the best interest of the Board. The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal.

The Board may, at its discretion, elect to have respondents provide oral presentations of their proposals. A request for a Best and Final Offer will be made at the sole discretion of the Board and will be requested in writing. The evaluation committee will evaluate the finalists and make a recommendation for award. In the event an Award does not occur, the process may continue until the Board makes an Award or terminates the process.

7.2 A proposal presented in response to this RFP is subject to negotiation concerning any issue(s) deemed relevant by the Board. The Board reserves the right to negotiate any issue with any party. Any contact by lessor with the Board regarding this RFP, other than those submitted in writing by the date specified or in response to a board inquiry, will result in disqualification of the proposal.

7.3 Lease Award Notice will be sent to the successful proposer. Execution of the Lease Contract is required prior to processing any payments to the Lessor.

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7.4 All Lease Award Notices are subject to approval by WFSNETX Board members. If the Board does not ratify the proposed Lease, it is null and void.

7.5 Submission of a proposal indicates lessor’s acceptance of the evaluation process and recognition that the Board may make subjective judgments in evaluating the proposals to determine the best value.

8. PROTEST PROCEDURES

8.1 Workforce Solutions Northeast Texas is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. No protest shall be accepted by the State Grantor

Agency (Texas Workforce Commission) until all administrative remedies at the grantee (Board) level have been exhausted. This includes, but is not limited to, disputes, claims, and protests of award, source evaluation, or other matters of a contractual nature. Any matters concerning violation of law(s) shall be referred to the proper authority, as they may have proper jurisdiction.

8.2 The following administrative remedies shall be followed when submitting complaints or protests:

8.2.1 Workforce Solutions Northeast Texas shall have the opportunity to respond to any inquiry or resolve any dispute prior to the filing of an official compliant by the protester. The protester should contact

Mr. Randy Reed, Workforce Solutions Northeast Texas Executive Director at 911 North Bishop, Building A100, Wake Village, Texas 75501, telephone 903.794.9490, or e-mail:

randy.reed@netxworks.org.

8.2.2 When Workforce Solutions Northeast Texas has agreed upon a selection, all proposers will be notified in writing of the results. Any protest regarding this process must be filed in writing with the

Executive Director via certified mail within ten (10) business days of notification of the selection of contract award.

8.2.3 The communication should contain a thorough explanation of the protest and designate the official representative of the organization for purposes of resolving the dispute. Upon receipt of the written protest, the Executive Director will contact the organization’s representative to arrange a meeting to resolve the protest. Following the meeting, the Executive Director will provide a written disposition of the protest via certified mail to the organization representative.

8.2.4 Protest of the Executive Director’s disposition of the initial protest must be filed in writing via certified mail within ten (10) business days of receipt of the Executive Director’s resolution to the initial protest. This communication should contain a thorough explanation of the protest of the

Executive Director’s decision. Upon receipt of the protest, the Executive Director will contact the organization’s representative to schedule a meeting with a committee of the Workforce Solutions

Northeast Texas Board. The committee will review the protest and formulate a recommendation, which will be forwarded to Workforce Solutions Northeast Texas Board Members at its next regularly scheduled Board meeting, at which time the protester will have the opportunity to address the Board prior to the Board taking action at the meeting. The Workforce Solutions Northeast Texas

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Board disposition of the protest will be provided to the organization representative in writing via certified mail, and will be final.

SECTION IV

GENERAL TERMS AND CONDITIONS

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE LEASE CONTRACT)

1. SPECIFICATIONS: The lease property provided shall be in accordance with the specifications herein. The Board will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of work performed. The Board will decide the rate of progress of the work and the acceptable fulfillment of the lease on the part of the lessor.

2. AWARD OF A LEASE:

2.1 A response to this solicitation is an offer to lease to the Board based on the terms, conditions and specifications contained in the solicitation. Responses do not become leases unless and until they are accepted by the Board, the execution of a standard Lease by all parties and issuance of a signed Lease.

2.2 The lease is void if sold or assigned to another entity without written approval of the Board. Written notification of changes to company name, address, telephone number, etc. shall be provided to the Board as soon as possible, but not later than thirty (30) days from the date of change.

3. PAYMENT: Payment will be made in accordance with the standard Lease terms.

4. PATENTS OR COPYRIGHTS: The lessor agrees to protect the Board from claims involving infringement of patent or copyrights.

5. LESSOR RESPONSIBILITIES:

5.1 The lessor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the lease including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, lessor shall furnish the Board with satisfactory proof of its compliance.

5.2 The lessor shall be responsible for damage to the Board’s equipment, and/or property by its works, its negligence in work, its personnel, or its equipment. The lessor shall be responsible and liable for the safety, injury, and health of its working personnel while its employees are performing work for the Board.

5.3 The lessor shall provide all labor and equipment necessary to perform the lease described herein. All employees of the lessor shall be a minimum of 17 years of age and experienced in the type of work to be performed. No visitors, wives, husbands, children or other relatives of the lessor’s employees will be allowed on property during working hours, unless they are bona fide employees of the lessor.

6. DAMAGE CLAIMS: The lessor shall defend, indemnify, and hold harmless the Board, all of its officers, agency and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omission of lessor or any agent, employee, subcontractor, or supplier of lessor in the execution or performance of this lease.

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7. ABANDONMENT OR DEFAULT: If the lessor defaults on the lease, the board reserves the right to cancel the lease without notice and either re-solicit or re-award the lease to the next best responsive and responsible respondent.

The defaulting lessor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work is significantly changed.

9. PROPRIETARY OR CONFIDENTIAL INFORMATION: Responses may include proprietary or confidential information.

The Board will take reasonable precautions in protecting such information provided that it is clearly identified as proprietary or confidential on the page on which it appears.

10. PUBLIC DISCLOSURE: No public disclosures or news releases pertaining to this RFP shall be made without prior written approval of the Board.

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Attachment A

Lease Specifications

The proposed lease must be for a Texas facility in Mt. Pleasant, Texas

Facility must be a minimum of 4,700 square feet with heat/smoke detectors

A minimum of 2 independent offices is preferred

An open space for cubicles will be provided. Cubicles and their installation are provided by tenants

One conference area to accommodate 10-15 people (could be one office)

A reception/resource area to accommodate 8-10 computer stations plus a reception area

One room that may be used as storage off archived files, janitorial or office supplies approximately

10x10 square feet

One employee break room

Separate ADA compliant public and employee restrooms

One mechanical room centralized within the location (secured access)

Receptionist area in the front of building

Adequate interior lighting for standard office use to be provided throughout the building.

Refuse removal to be included in the form of a weekly dumpster device.

Building maintenance, including repairs for normal wear and tear and changing of electrical lamps to be provided

Lawn care to be provided. The care will include fertilizing, shrub trimming and mowing of the lawn surrounding the building four times per month during growing season.

The building will be accessible 7 days a week, 24 hours a day.

The building is to be equipped with public outside entrance.

A free parking lot is to be provided with a minimum of 25 adequate spaces.

Lessor will make, at their own expense, the necessary changes to the building to bring building into compliance with the Texas Accessibility Standards.

Electrical lines, phone lines, plumbing and roof should be in good working order.

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Two (2) 110 volt grounded electrical outlets should be run to every cubicle, if present.

110 volt grounded electrical outlet on every wall in each individual room.

One (1) dedicated 110 volt, 30 amps, grounded electrical outlet on one wall in the central mechanical room.

Cat 3 phone and Cat 5e data cabling should be extended from central mechanical to every wall in each individual room.

A list shall be provided of all outlets and accessibilities for the building.

Drop ceilings for cabling are to be provided.

Painted walls are to be provided.

All flooring, carpeted or tiled, is to be in good condition free from safety hazards.

Structure must be asbestos free.

Central mechanical room must be independently and adequately air controlled to maintain a constant 75 degree temperature.

All data and voice cabling runs must be clearly labeled end to end for each run.

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Attachment B

Standard Lease

THE STATE OF TEXAS §

COUNTY OF TITUS §

1. PARTIES

This Agreement is made and entered into on this ___ day of _____ by and between Lessor, __________________, and LESSEE, North East Texas Workforce Development Board.

2. PROPERTY LEASED

__________________________________ Total Square Feet, occupied by the

__________________________________ (Occupying Agency/ies), located in the

__________________________________ (Building/Property Name) at

__________________________________ (Street Address) in

__________________________________ (City, Zip Code)

__________________________________ County, Texas

Lessor promises, in return for the consideration described herein to be paid by the Lessee and the covenants set out herein to be kept by Lessee, to hereby lease, unto the Lessee, the Property and Premises described herein.

Lessor also promises to furnish any and all requirements related to such Property and Premises as set out in this lease, and the Request for Proposal, all of which are incorporated herein by reference and made a part hereof for all purposes.

3. TERMS OF LEASE

This lease shall be for a period of __ months commencing on the ___ day of ________, 20__ (the Commencement Date), and ending on the ____ day of ________, 20__ (the Termination Date), unless sooner terminated as hereinafter provided. This lease is contingent upon the majority approval by a quorum of the Board members of the NETxWDB.

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4. MONTHLY RENTAL

The Lessee agrees to pay Lessor a base Monthly Rent during the term of this lease in accordance with the Rent Schedule as detailed in Exhibit A. The rental payments provided for herein shall be due and payable by Lessee in advance on the first day of the month for which said rentals are due.

5. RENEWAL OPTION

By mutual agreement between Lessee and Lessor, this lease may be renewed up to two (2) times for a period of five years (5) for each renewal, under the same terms and conditions. Lessee shall give Lessor written notice of intention to exercise this option at least 90 days prior to expiration of this lease.

6. CPI ESCALATION CLAUSE

(a) On each anniversary date of the lease commencement, the total monthly rent of the lease may be adjusted by changes in the Consumer Price Index (CPI) reflecting percentage increases.

(b) To receive the CPI adjustment, the Lessor must submit a request in writing to, and received by, the North East Texas Workforce Development Board (NETxWDB) no later than thirty (30) days after the anniversary date for that year.

(c) The percent escalation allowable will be based on the percent change in the CPI for Urban Wage Earners and Clerical Workers, Current Series (CPI-W, U.S. City Average, All Items) published by the United States Department of Labor, Bureau of Labor Statistics. The index may be obtained from the U.S. Bureau of Labor Statistics web site at www.bls.gov.

The index month three (3) months prior to the anniversary month for the current year and the previous year shall be used to determine the percent increase.

7. GENERAL TERMS AND CONDITIONS

(a) Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed and to be levied or assessed, on or against the leased Property and improvements during the term of the lease; and to keep the leased Premises, Property and buildings in good repair and condition during the continuance of the term of this lease, said maintenance is to include, but is not limited to, the following services: repair and patch wall, ceiling and floor surfaces; painting as needed;

replacement of broken window glass; repair of window shades, blinds and/or drapes, fasteners and sash cord or chains; roof and ceiling leaks; building exterior, interior; plumbing, heating, air conditioning and ventilating equipment and filters; fire protection equipment; miscellaneous valves; woodwork, locks, floor surfaces and coverings; lighting fixtures, and the replacement of all defective or burned-out light bulbs, fluorescent tubes, ballasts and starters. If the occupying agency, or its agents, cause damage to said Property that goes beyond “normal wear and tear”, the occupying agency is responsible to pay for those repairs.

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(b) Lessor hereby covenants and agrees that hereafter and during the term of this lease, it will not rent, lease or otherwise furnish space in this or any adjacent buildings under its control to any enterprise which, in the usual exercise of its business, could be expected to create noise or odors injurious or disruptive to the occupying agency’s normal governmental activity. Lessor covenants and agrees it will not lease space that would locate or collocate any regulated parties which have an interest in the occupying agency/ies or whose occupation of these Premises would cause the occupying agency to be in violation of State statute.

(c) Lessor warrants that the demised Premises is not in violation of any city, state or local ordinance or statute or any restriction imposed against the demised Premises and that said Lessor will indemnify said Lessee for any direct or indirect loss sustained by Lessee as a result of the existence of such restriction, ordinance or statute.

(d) Lessor hereby covenants and agrees that the Lessee may bring on the leased Premises any and all furniture, fixtures and equipment reasonably necessary for the efficient exercise of Lessee’s governmental responsibilities and the parties agree that all such Property shall remain the Property of the Lessee.

(e) Any signs necessary to indicate Lessee’s name, location and governmental purpose shall be prepared and installed consistent with signage for other lessees in the Property and in keeping with building decor. Any special requirements of Lessee contrary to the above must be stated in writing and made a part of this lease. Any cost of compliance with this paragraph in excess of the amount that would be required for Lessor’s standard signage shall be borne by Lessee.

(f) On termination of this lease, by lapse of time or otherwise, Lessee may, within a reasonable time thereafter, at its option and expense, remove from said Premises any and all improvements, equipment, appliances or other Property placed or owned by it thereon. Lessee shall deliver the Premises and Property to Lessor in good order and condition, provided however, the reasonable use and ordinary wear and tear are expected.

(g) If during the term of this lease, said Premises, or any portion thereof, shall be condemned for any public purpose, Lessee hereto shall have the option of terminating and canceling this lease upon thirty (30) days notice to the Lessor of its election to do so.

(h) It is mutually agreed between the Lessor and the Lessee that if said building and Premises shall, during the term of this lease, be damaged by flood, fire or any other cause or causes, the same shall be promptly repaired by the Lessor. During the time of such repair, if the space cannot be fully utilized by Lessee, lease payments due hereunder shall be either reduced or withheld in accord with the degree of non-use. But, if said building and Premises be so damaged as to render said Premises unfit for occupancy, then, and from the date of such damage, this lease shall cease and be void; and rent and other obligations hereunder shall be due and payable only to the date of such damage. The determination as to whether the building and

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Premises are damaged so as to render them unfit for occupancy shall be made by Lessee. If the Lessor has available under his control space which will meet Lessee’s needs and offers same to Lessee, the Lessee may at its option, occupy that space under the same terms and conditions as this lease. Lessee will be responsible for any relocation costs that may be incurred, included but not limited to, cost of the space, moving, communications equipment and computer expenses.

(i) Lessee is not obligated to pay rent and other sums under this lease until the premises are available to Lessee for full occupancy and are suitable for use as office space. If Lessor is unable to give Lessee full possession of the premises on Commencement Date for any reason, Lessor shall give Lessee immediate written notice of the cause for the delay and the date the premises will be ready for occupancy, Lessee may terminate this lease without liability and seek other leased space.

Except as provided in Paragraphs 3 and 4, Lessee may not terminate the lease if the delay of occupancy is caused by Lessee, or by conditions beyond Lessor’s control, such as strikes, fire, unavoidable casualties or other unusual circumstances that constitutes a justifiable delay.

If the Lessee so elects, the Lessee may continue to treat this lease as if in full force and effect for a period of no more than 120 days after the lease commencement date. During this time, or for as long as possession does not commence, the rent shall not be paid. In the event Lessee either terminates the lease under this paragraph or is unable to occupy the premises on Commencement Date due to reasons other than a justifiable delay as determined by Lessee using reasonable discretion, Lessor will be liable in damages for any rents Lessee pays for other leased space substantially equal to the premises or for any holdover charges associated with a delay in occupying the premises and for any other related losses sustained by Lessee. Payment hereunder shall not begin until possession of the premises is given or the premises are available for full occupancy by the Lessee.

Based upon the possession date of the premises, the lease shall be amended to reflect the new lease term.

(j) In the event Lessor shall breach or be in default in the strict performance of any of the covenants or obligations imposed upon Lessor by this lease, and shall remain in default for a period of thirty (30) days after written notice of such default, Lessee shall have the right and privilege of terminating this lease and declaring the same at an end, and shall have the remedies now or hereafter provided by law for recovery of damages occasioned by such default. In lieu of a formal declaration of default and resulting termination as provided above, Lessee may withhold payment of rent from Lessor, until such time as the violations have been corrected or the Lessee may correct all or any part of the violations and deduct the cost from rentals due the Lessor.

(k) If Lessee fails to pay rentals or other charges hereunder or otherwise fails to perform its obligations hereunder and this failure is not cured within 30 days after written notice from Lessor to Lessee of such failure, then Lessee is in default, and Lessor may terminate this Lease and may enter and take possession of premises, Facility Leasing – Mt. Pleasant Workforce Center Page 16 of 22 and will have the remedies now or hereafter provided by law for recovery of rent, repossession of premises and damages occasioned by Lessee’s default.

(l) The failure of the Lessee or Lessor to insist in any one or more instances on a strict performance of any of the covenants of this lease shall not be construed as a waiver or relinquishment of such covenants in future instances, but the same shall continue and remain in full force and effect.

(m) This agreement and each and all of its covenants, obligations and conditions hereof shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of Lessor, and the successor in office of Lessee.

(n) This agreement shall be governed by Texas law.

(o) Lessor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Lessor further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Lessor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Lessor and the requirement to cooperate is included in any subcontract it awards.

(p) Lessor warrants and represents that any use, storage, treatment, or transportation of Hazardous Substances that has occurred in or on the Premises prior to Commencement Date of this Lease has been in compliance with all applicable federal, state, and local laws, regulations, and ordinances. Lessor additionally warrants and represents that no release, leak, discharge, spill, disposal, or emission of Hazardous Substances has occurred in, on, or under the Premises, and that the Premises are free of Hazardous Substances as of Commencement Date.

Lessor shall indemnify Lessee from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses (including, without limitation, any and all sums paid for settlement of claims and for fees of attorneys, consultants, and experts) arising during or after the lease term from or in connection with the presence or suspected presence of Hazardous Substances in or on the Premises, unless the Hazardous Substances are present solely as a result of negligence, willful misconduct, or other acts of Lessee or Lessee’s agents, employees, contractors, or invitees. Without limitation of the foregoing, this indemnification of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision, unless the Hazardous Substances are present solely as a result of negligence, willful misconduct, or other acts of Lessee, Lessee’s agents, employees, contractors, or invitees. This indemnification shall specifically include any and all costs due to Hazardous Substances that flow, diffuse, migrate, or percolate into, onto, or under the Premises after the lease term commences.

As used herein, “Hazardous Substance” means any substance that is toxic, ignitable, reactive, or corrosive and that is regulated by any local government, the State of Texas, or the United States Government. “Hazardous Substance” includes

Facility Leasing – Mt. Pleasant Workforce Center Page 17 of 22 any and all material or substances that are defined as “hazardous waste,” extremely hazardous waste,” or a “hazardous substance” pursuant to state, federal, or local governmental law. “Hazardous Substance” includes but is not restricted to asbestos, polychlorobiphenyls (“PCBs”), solvents, pesticides, and petroleum.

(q) At all times during the lease term, Lessor must maintain a policy of all-risk property insurance, issued by and bonded upon an insurance company licensed in the State of Texas, covering the Leased Premises and leasehold improvements (exclusive of contents), in an amount equal to not less than 80% percent of the replacement cost thereof. Lessee shall have no interest in the policy or policy proceeds and Lessor shall not be obligated to insure any furnishings, equipment, trade fixtures, or other personal property that Lessee may place or cause to be placed upon the Leased Premises. Lessor must also maintain a policy or policies of comprehensive general liability insurance insuring Lessor against loss of life, bodily injury and/or property damage with respect to Common Areas, operation of the Building, parking lots and other improvements associated with the land upon which the Leased Premises are located, and any other losses caused by or related to the duties and obligations of Lessor under this Lease.

8. LEASE REQUIREMENTS

Lessor and Lessee shall comply with all provisions of Attachment A entitled Lease Specifications which is incorporated herein for all purposes.

9. OTHER TERMS AND CONDITIONS

(a) This lease shall be effective as of the date that all parties execute this lease contract. All proposals, negotiations, notices, and representations with reference to matters covered by this lease are merged in this instrument and no amendment or modification thereof shall be valid unless evidenced in writing and signed by all parties as identified below.

(b) Any statement or representation of Lessee in any Estoppel Certificate delivered pursuant to this lease which would modify the rights, privileges or duties or Lessor or Lessee hereunder shall be of no force and effect and may not be relied on by any person.

(c) Should Lessor require Lessee to provide an Estoppel Certificate at any time during the term of this lease, Lessor will give Lessee thirty (30) days prior written notice whereupon NETxWDB will deliver to Lessor a completed signed original of same utilizing its standard Estoppel Certificate form.

10. SPECIAL PROVISIONS:

(Reserved for special or unusual conditions or requirements of the lease)

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LESSOR: LESSEE:

Lessor Name North East Texas Workforce Development Board

Address City, State, Zip Tel.

By: __________________________ By: __________________________ Signature Signature

Printed Name Printed Name

EXHIBIT A

RENT SCHEDULE

OCCUPYING SQ. FT. ANNUAL BASE ANNUAL BASE MONTHLY BASE

AGENCY OCCUPIED RATE / SF RENT RENT

Facility Leasing – Mt. Pleasant Workforce Center Page 19 of 22

Exhibit B

NORTH EAST TEXAS WORKFORCE DEVELOPMENT BOARD PROPOSAL SUBMITTAL and

EXECUTION OF PROPOSAL FORM

The North East Texas Workforce Development Board is seeking competitive proposals for the Mt. Pleasant Workforce Center, which shall meet all requirements outlined in Attachment A “Lease Specifications”.

Lessor Information:

Name of Proposed Lessor (Owner): _____________________________________________________________

Address of Proposed Lessor:

City County State Zip

Contact Information:

Area Code Telephone Number Area Code Fax Number

Proposed Leased Space:

Name of Building Offered: _________________________________________________________________________

Current status: Existing Building _________ To Be Constructed ____ Historic Structure _____ (Check All That Apply)

Street Address of Building or Site: ___________________________________________________________________

Longitude: _______________________ Latitude: ____________________ (if known)

City: ___________________________ County: _____________________ State: ________ Zip: ________

Proposed Cost:

Lease Space Cost Monthly

Per Square Foot Total Dollar Amount

Base Rent (Net Service) $ $

Operating Expenses Breakdown: Per Square Foot Total Dollar Amount

Utility Cost $ $

Janitorial Cost $ $

Gross Rent (Full Service) Per Square Foot

Total Dollar Amount

Facility Leasing – Mt. Pleasant Workforce Center Page 20 of 22

For the purpose of determining the cost of adding or deleting usable space under a lease resulting here from, proposed Lessor will allow the Board to compute the necessary monthly cost per square foot from information set out above.

ABSOLUTELY NO PROPOSAL INFORMATION OR RESULTS WILL BE RELEASED UNTIL

AFTER AN AWARD IS MADE.

NOTE: LESSORS SHALL COMPLETE AND RETURN THIS EXHIBIT WITH THEIR PROPOSAL.

FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.

By signature hereon, proposed lessor certifies all information submitted to be complete, true and correct.

All statements and information prepared and submitted in the response to this RFP are current, complete and accurate.

He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Failure to sign the Execution of Proposal or signing it with a false statement, shall void the submitted offer or any resulting contracts.

Neither the proposer or the firm, corporation, partnership, or institution represented by the lessor or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business.

By signing this proposal, lessor certifies that if a Texas address is shown as the address of the lessor, lessor qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

Under Section 2155.004, Government Code, the proposer certifies that the individual or business entity named in this bid or contract is eligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

Under TGC, Title 5, Subtitle D, Section 231.006, Family Code (relating to child support), the individual or business entity named in this solicitation is eligible to receive the specified payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. The proposal includes the names and Social Security Numbers of each person with a minimum of twenty-five percent (25%) ownership of the business entity submitting the response.

Proposer is in compliance with TGC, Title 6, Subtitle A, Section 618.001. If Section 618.001 applies, lessor shall provide the following information as an attachment to this response. Name of former executive, name of state agency, date of separation from state agency, position with lessor, and date of employment with lessor.

Proposer agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

Proposer represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of the lessor and to bind the lessor under any contract resulting from this proposal.

Proposer shall be the entity that contracts with the NETxWDB, and shall be held liable for performance under the offer submitted.

Facility Leasing – Mt. Pleasant Workforce Center Page 21 of 22

Proposed respondent must sign this offer (1) personally, (2) by corporate officer identifying the corporate office held, or (3) by its agent, which must provide evidence establishing authority to sign for the owner.

Failure to provide the required authorizations may result in disqualification of this proposal.

Proposer agrees to comply with the requirements set out in the RFP, lease specifications, and terms and conditions of the Lease Contract. Exceptions to any item in the RFP, specifications or contract must be in writing, and included with this form. Any exception taken which gives special advantage to the proposed Lessor or seeks to avoid a mandatory requirement, term or condition will result in disqualification of this proposal.

Signature: __________________________________

Print: _____________________________________

Title: _____________________________________

Corporate Charter # _________________________

Texas Identification Number (TIN) ______________________________

Facility Leasing – Mt. Pleasant Workforce Center Page 22 of 22

Exhibit C

Questions Regarding this Request for Proposal (RFP FY24-01)

Question 1: ______________________________________________________________________

Question 2: ______________________________________________________________________

Question 3: ______________________________________________________________________

Question 4: ______________________________________________________________________

Submitted By: ____________________________________________________________________

Date: ____________________________________________________________________