LFL03108_Tallahassee.Supplement Lease.docx

INSTRUCTIONS FOR CREATING SUPPLEMENTAL LEASE REQUIREMENTS for FEMA disaster leases All instructions for creating these DOCUMENTs are typed in blue HIDDEN text. you should work with The hidden text SHOWN, EXCEPT when printing the finished document.

THIS TEMPLATE WAS UPDATED AS OF THE DATE SHOWN IN THE HEADER. THE DATE WILL NOT PRINT IF YOU TURN OFF THE HIDDEN TEXT PER THE INSTRUCTIONS BELOW. THE MOST UP-TO-DATE TEMPLATES ARE LOCATED ON THE OFFICE OF LEASING GOOGLE SITE or g-rex.

how TO reveal hidden text in the document—

1. click on the FILE TAB at the top LEFT of the computer screen.

2. click on “options” at the LEFT of the screen, NEAR THE BOTTOM.

3. click on “display” in the left-hand column of the screen.

4. IN THE RIGHT-hand COLUMN, UNDER “Always show these formatting marks on the screen,”—if there is no checkmark in the “hidden text” box—click on the hidden text box. Note: A checkmark will appear in the Box.

5. Click on “OK.” to close out the word options screen.

TO turn off hidden text: follow instructions (1) THRU (5), ABOVE. When you click on the “hidden text” box, the checkmark will disappear and the hidden text will not show on screen or in printed versions of the lease.

TO INPUT DATA: If a paragraph has bold red Xs, a dollar sign ($) followed by UNDERSCORING, or empty UNDERSCORing (_______), INPUT the required informatioN.

TO Delete AND MODIFY paragraphs – FEMA disaster leases FEMA disaster leases are often negotiated in the field where the lco does not have access to printing services and may involve more modifications than is typical for standard leasing actions. where possible, the lco should follow standard modification and deletion procedures and print out the final version for signature. Where necessary the lco may use pen and ink changes to modify or delete paragraphs.

Field Paragraph Modification instructions:

1. using a blue ink pen, line through the paragraph or text to be deleted.

2. if adding substitute text, insert the text immediately adjacent to the deleted text.

3. LCO and Lessor initials immediately next to the new or deleted text to indicate acceptance of the deletion and new text by both parties. these initials are in addition to the initials at the bottom of the page.

FEMA SUPPLEMENTAL OFFICE LEASE REQUIREMENTS TEMPLATE REVISED 5/2025

FEMA SUPPLEMENTAL OFFICE LEASE REQUIREMENTS TEMPLATE DATED 5/2025

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. 3090-0086.

OFFICE LEASE REQUIREMENTS

REV (5/2025)

REV (5/2025)

TABLE OF CONTENTS – FEMA SUPPLEMENTAL OFFICE LEASE REQUIREMENTS

REV (10/2024)

General Terms, conditions, and Standards

NOTE: All paragraphs in section 1 are mandatory UNLESS SPECIFICALLY NOTED OTHERWISE. Do not delete without consulting legal counsel

DEFINITIONS AND General Terms (SMALL) (OCT 2023)

Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards, and formulas:

A. Real Property Terms.

1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.

2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.

3. “Common Area Factor (CAF)” means a conversion factor determined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.

4. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the building owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.

5. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space. Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.

AUTHORIZED REPRESENTATIVES (OCT 2016)

Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice without an express delegation by the prior LCO.

NOTE: This paragraph may be deleted if the Lessor did not represent itself as a hubzone business

WAIVER OF RESTORATION (OCT 2023)

Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:

A. Waste, or, B. Damages or restoration arising from or related to:

1. The Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as

2. Any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government.

At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor, and the Government will be relieved of any liability in connection therewith.

novation and CHANGE OF OWNERSHIP (SMALL) (OCT 2016)

Consistent with GSAM 570.115, in the event of a transfer of ownership of the leased premises or a change in the Lessor’s legal name, FAR 42.12 applies.

NOTE: IN ACCORDANCE WITH THE ASBESTOS HAZARD EMERGENCY RESPONSE ABATEMENT REAUTHORIZATION ACT OF 1986.

asbestos (SMALL) (MAY 2025) intentionally deleted

Construction Standards and Shell Components

BUILDING SHELL REQUIREMENTS (SMALL) (OCT 2019)

A. The Building Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to acceptance of Space.

B. Base structure and Building enclosure components shall be complete. All common areas accessible by the Government, such as lobbies, fire egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly installed Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be furnished, installed, and coordinated with TIs. Circulation corridors are provided as part of the base Building only on multi-tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corridor(s) necessary to meet code is provided as part of the shell.

C. The Building Shell rental rate shall also include, but is not limited to, property financing (exclusive of TIs and BSAC), insurance, taxes, lease commission and management, in addition to profit, reserve costs and loan financing for the Building.

MEANS OF EGRESS (MAY 2015)

A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet either the applicable egress requirements in the National Fire Protection Association, Life Safety Code (NFPA 101) or the International Code Council, International Building Code (IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.

B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.

C. Interlocking or scissor stairs located on the floor(s) where Space is located shall only count as one exit stair.

D. A fire escape located on the floor(s) where Space is located shall not be counted as an approved exit stair.

E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA 101 or the IBC.

note: Delete this paragraph if not applicable AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023) intentionally deleted

NOTE: Delete this paragraph if not applicable FIRE ALARM SYSTEM (SEP 2013) intentionally deleted

NOTE: DELETE THIS PARAGRAPH IF NOT APPLICABLE.

ELEVATORS (SMALL) (OCT 2020) intentionally deleted

Accessibility (OCT 2024)

The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10) and 36 CFR 1190 to the extent applicable. To the extent the standards referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent shall apply.

Note: in lieu of drinking fountains the lessor may provide water coolers. may be deleted in consultation with fema.

DRINKING FOUNTAINS (MAY 2025) intentionally deleted

RestROOMS (SMALL) (OCT 2022) intentionally deleted

NOTE: IN ACCORDANCE WITH THE CLEAN AIR ACT OF 1963 AND THE AMERICAN INNOVATION IN MANUFACTURING ACT OF 2020.

HEATING, VENTILATION, AND AIR CONDITIONING – shell (FEMA) (MAY 2025) intentionally deleted note: It is common for FEMA to perform their own installation of phone and it cabling, include this paragraph unless FEMA confirms that they will not install any cabling.

TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (SLAT) (OCT 2020) intentionally deleted

Design, construction, and post award activities

NOTE: FOR FEMA LEASES, ACQUIRE A COPY OF THE BUILDING’S CERTIFICATE OF OCCUPANCY OR THE LOCAL EQUIVALENT

ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SMALL) (OCT 2021)

A. The Government shall accept the Space only if the construction of Building shell and Tis, as applicable, conforming to this Lease and any layout drawings is substantially complete, as determined by the Lease Contracting Officer, and a Certificate of Occupancy (C of O) has been issued. 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 interfere unreasonably with the Government’s enjoyment of the Space.

B. The Lessor shall provide a valid C of O, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue C of O’s or if the C of O is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates 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.

C. If applicable, upon acceptance of the Space, the Government will issue lump sum payment to the Lessor after substantial completion, in accordance with invoicing procedures outlined under any lease amendment(s) authorizing such lump sum payment. The Government shall not issue this payment in increments or as partial payments.

TENANT IMPROVEMENT (TI) components

This section is not applicable to Typical FEMA disaster leases

THIS SECTION DELETED

UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM

all paragraphs in this section are considered mandatory unless specifically waived by FEMA.

ACTION REQUIRED: always attempt to negotiate a fully serviced lease which includes all services. where necessary, strike through any services that will not be provided by the lessor. delete corresponding paragraphs in sections 1 Through 6 for services not provided.

FEMA LEASING SERVICES (FEMA) (AUG 2017)

SERVICES AND UTILITIES (To be provided by Lessor as part of rent)

HEATING AND AIR CONDITIONING (SMALL) (OCT 2024) intentionally deleted

ACTION REQUIRED: DELETE FOR LEASES THAT ARE NET OF JANITORIAL SERVICES.

ACTION REQUIRED: OBTAIN AND NEGOTIATE A SEPARATE RENTAL RATE FOR THE SCOPE OF WORK BELOW. RATE WILL ALSO BE USED FOR A RENTAL REDUCTION IN THE EVENT THE GOVERNMENT CANCELS THIS ADDITIONAL ROUTINE CLEANING AND DISINFECTION SERVICE. AT LEASE AWARD, INSERT FINAL NEGOTIATED REDUCTION AMOUNT UNDER GSA FORM 3626.

Note: Discuss any modifications to this paragraph with fema. fema may need to arrange for supplemental janitorial services when the lessor does not provide this service.

JANITORIAL SERVICES (SMALL) (OCT 2021)

The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access, including high-touch surfaces (e.g., doorknobs, light switches, handles, handrails, and elevator buttons) in a clean condition and shall provide supplies and equipment for the term of the Lease. The following schedule describes the level of services intended. Performance will be based on the LCO’s evaluation of results, not the frequency or method of performance.

A. As required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters. Provide and empty exterior ash cans and clean area of any discarded cigarette butts. Remove snow and ice from entrances, exterior walks, and parking lots of the building by the beginning of the normal working hours and continuing throughout the day

I. Pest control. Control pests as appropriate, using Integrated Pest Management techniques, as specified by the U.S. Environmental Protection Agency at https://www.epa.gov/ipm/introduction-integrated-pest-management.

Note: do not modify or delete this paragraph without receiving written approval from the fema logistics chief.

Identity Verification of Personnel (OCT 2022)

A. The Government reserves the right to verify identities of personnel with routine and/or unaccompanied access to the Government’s Space, including both pre and post occupancy periods. The Lessor shall comply with GSA personal identity verification requirements, identified in GSA Order 2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing Handbook. The Lessor can find the policy and additional information at http://www.gsa.gov/hspd12. This policy requires the Government to conduct background investigations and make HSPD-12 compliant suitability determinations for all persons with routine or unaccompanied access to Government leased Space. By definition, this includes at a minimum each employee of the Lessor, as well as employees of the Lessor’s contractors or subcontractors who will provide building operating services requiring routine access to the Government’s leased Space for a period greater than 6 months. The Government may also require this information for the Lessor’s employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government’s Space.

B. Application Process: The background investigation will be done using the Government’s prescribed process. The Lessor must provide information on each of their contractor/personnel meeting the above criteria to the Government, whereupon each identified contractor/personnel will be notified with instructions for completing the identity verification application within a given time frame. The application process will include completing supplemental information forms that must be inputted into the identity verification system in order for the application to be considered complete. Additionally, the Lessor must ensure prompt completion of the fingerprint process for their contractor/personnel. Email notifications will be sent with instructions on the steps to be taken to schedule an appointment for fingerprinting at an approved regional location along with instructions on how to complete the background investigation application.

C. The Lessor must ensure the Lease Contracting Officer (or the Lease Contracting Officer’s designated representative) has all of the requested documentation timely to ensure the completion of the investigation.

D. Based on the information furnished, the Government will conduct background investigations. The Lease Contracting Officer will advise the Lessor in writing if a person fails the investigation, and, effective immediately, that person will no longer be allowed to work or be assigned to work in the Government’s Space.

E. Throughout the life of the Lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be assigned to the Government’s Space in accordance with the above criteria. All Lessor’s contractor(s) or subcontractor(s) shall follow the requirements of background investigation in accordance with GSA HSPD-12 policy.

F. The Lessor is accountable for not allowing contractors to start work without the successful completion of the appropriate background investigation as required by GSA policy.

G. Access Card Retrieval/Return: Upon an Entry on Duty notification, the Government will issue a Personal Identity Verification (PIV) credential that is sometimes referred to as a GSA Access card. Lessors are responsible for all PIV credential issued to their contractors/personnel pursuant to this Lease. Lessors are specifically responsible for ensuring that all GSA PIV access cards are returned to the Lease Contracting Officer or their designee whenever their employees or a contractor no longer require access to the Space (such as when no longer needed for contract performance, upon completion of the Contractor employee’s employment, and upon contract completion or termination). Additionally, the Lessor must notify the Lease Contracting Officer or their designee whenever a GSA PIV Access card is lost or stolen in which event the Lessor may be responsible for reimbursing the Government for replacement credentials at the current cost per PIV HSPD12 credential. Unreturned PIV Access cards will be considered as lost or stolen cards.

H. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to Government leased Space throughout the term of the Lease to determine who may have access to the Premises.

I. The Lease Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

J. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a federal information system.

INDOOR AIR QUALITY (MAY 2025) intentionally deleted

NOTE: IN ACCORDANCE WITH THE TOXIC SUBSTANCES CONTROL ACT OF 1976.

HAZARDOUS MATERIALS (MAY 2025)

A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable Federal, state, and local environmental regulations. Should there be reason to suspect otherwise, the Government reserves the right, at Lessor’s expense, to require documentation or testing to confirm that the Space is free of all hazardous materials, substances, and wastes.

B. Lessor shall, to the extent of its knowledge, notify the Government of the introduction of any hazardous materials, substances, and wastes onto the Property by Lessor or others, including but not limited to, co-tenants occupying Space in the Building.

C. Lessors are encouraged to prioritize products used in the build-out of Space that do not contain Per- and Polyfluoroalkyl Substances (PFAS).

MOLD and water intrusion (FEMA) (OCT 2024) intentionally deleted

ADDITIONAL TERMS AND CONDITIONS

Action Required: insert the hours of operation in consultation with FEMA. For FEMA leases, it is PERMISSIBLE to include extended operating hours, such as 12 hrs per day, 7 days a week.

PROVISION OF SERVICES, ACCESS, AND normal HOURS (FEMA) (AUG 2017)

The Government’s normal hours of operations are established as 6:00 AM to 8:00 PM, Monday through Friday. Services, maintenance, and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed during normal hours.

This paragraph should be used when FEMA is accepting the premises in its present condition. include any specifically required modifications in paragraph 6.08.

AS IS (FEMA) (AUG 2017)

Unless otherwise noted, the Government accepts the Premises and tenant improvements in their existing condition, except where specifications or standards are contained elsewhere in this Lease. These standards include security improvements, Fire Protection and Life Safety requirements, ABAAS compliance, as well as compliance with all local codes and ordinances. Such acceptance by the Government of existing Premises shall not relieve Lessor of continuing obligations for cleaning, janitorial, maintenance, repair, etc. as set forth in the Lease paragraphs and attached General Clauses.

ACTION REQUIRED: COMPLETE THIS paragraph WITH THE REQUESTED INFORMATION in order to provide the Lessor with the required information to receive payment. The Lease number is the gsa lease number obtained from rexus. the disaster number is obtained from the regional oma director or FEMA log chief. The 146-0-2 number is the document control number from that form.

FEMA INVOICING INSTRUCTIONS (FEMA) (Oct 2023)

Payment of monthly rental shall be made in arrears. Lessors must submit an invoice at the end of each month to:

Regular Mail: FEMA FINANCE CENTER PO Box 9001 Winchester, Virginia 22604 Express Mail: FEMA FINANCE CENTER 430 Market Street, Winchester, Virginia 22603 Email Address: FEMA-FINANCE-VENDOR-PAYMENTS@FEMA.DHS.GOV

To ensure timely processing, invoices for disaster leases should include the following information:

The funds are paid by Electronic Funds Transfer (EFT) based on the information provided in the Lease and on the invoice. The normal processing time for rental payment is 5 to 30 days from receipt at the National Finance Center. If the Lessor has not received payment, he or she should contact: FEMA Finance Main Line 540-504-1900.

Notwithstanding the language in GSAR 552.270-31, PROMPT PAYMENT, payment for rent due under the Lease shall follow the process set forth above.

ACTION REQUIRED: insert the appropriate primary and secondary contact information below

FEMA LEASE CONTACT INFORMATION (FEMA) (AUG 2017)

Government points of contact for this lease are:

Primary: Yomar Camacho FEMA Contracting Officer Representative Telephone: 202-718-1058

Alternate: Nicholas Dippel, GSA Contracting Officer Telephone: 267-496-5427

ACTION REQUIRED: Include or delete in consultation with Fema safety officials RADON IN AIR (FEMA) (MAY 2025) intentionally deleted

MANDATORY IF WATER IS FROM NON‑PUBLIC SOURCES (E.G., WELL WATER). OTHERWISE, DELETE.

RADON IN WATER (FEMA) (MAY 2025) intentionally deleted

ACTION REQUIRED: include any modifications that the Lessor will make the building. insert the number of days that the Lessor has to complete the improvements. Use additional pages as necessary.

BUILDING IMPROVEMENTS (FEMA) (oct 2023) intentionally deleted