HomeMy WebLinkAbout01.12.18 Work Session Packet City of Farrington Mission Statement
430 Third Street Through teamwork and
Farmington,MN 55024 cooperation, the City of
Farmington provides quality
services that preserve our proud
past and foster a promising
future.
AGENDA
CITY COUNCIL WORKSHOP
January 12, 2018
12:00 PM
Farmington City Hall
1. CALL TO ORDER
2. APPROVE AGENDA
3. DISCUSSION ITEMS
(a) City Council/Department Head Roundtable
(b) 2017 Priorities Review
(c) 2018 Priorities
4. CITY ADMINISTRATOR UPDATE
(a) City Hall Space Lease
(b) 2018 Legislative Priorities
(c) 2019 Budget and Budget Process
5. ADJOURN
o�FaRii , City of Farmington
Cot
430 Third Street
W Farmington, Minnesota
651.280.6800 -Fax 651.280.6899
7•.,, www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: City Council/Department Head Roundtable
DATE: January 12, 2018
INTRODUCTION
To start out the city council goal setting meeting I thought it would be appropriate to spend some time with
all of the depaltiuent heads in this informal setting.
DISCUSSION
I am including in the annual goal setting work session some time for the city council and depailuient heads to
discuss any issues of relevance to this larger group. This should be used as a time to discuss broad issues,
build relationships and talk about big picture ideas that anyone in attendance wants to put on the table.
BUDGET IMPACT
NA
ACTION REQUESTED
Discuss any items of interest to those in attendance.
ori /44,� City of Farmington
A4,4h 430 Third Street
Farmington, Minnesota
651.280.6800 - Fax 651.280.6899
Q4'•„MOO ' www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: 2017 Priorities Review
DATE: January 12, 2018
INTRODUCTION
The city council established four broad priorities for 2017/2018 during the goal setting session held in April
2017. A copy of these priorities is attached for your review.
DISCUSSION
The city council has been establishing priorities for a number of years as a part of an annual goal setting
work session. In 2017 the city council decided to move this annual work to January of each year.
The priorities established for 2017/2018 include:
1. Development-Encourage the expansion of residential, commercial and industrial properties.
2. Partnerships-Forge opportunities with existing and new partners.
3. Financial-Continue to take the steps to make Farmington a city of fiscal excellence.
4. Service Delivery-Endeavor to provide core government services at high quality levels.
The city has made progress in each of these areas over the past year. Some examples of work performed in
each area includes:
Development:
• City staff worked with the developers of both the Fairhill and Regetta Fields subdivisions and moved
those projects to different stages through 2017.
• City staff worked with a variety of businesses on potential expansion, redevelopment or relocation
into Farmington including Hy-Vee,Aldi, Heikkela Studios, to be named businesses in VRC and
more.
• The EDA and staff worked to develop the facade improvement program and the site readiness
program.'
• The Community Development Department continues to work with landowners in the western portion
of the city on their future plans for significant sizes of property.
• The Community Development and Engineering Departments are working the city council desire for
additional commercial and industrial development as a part of the 2040 Comprehensive Plan.
Partnerships
• The city council reached out to the school board about restarting the Intergovernmental Committee in
2018.
• City councilmembers and city staff have worked with the Farmington Business Association and the
Dakota County Regional Chamber of Commerce to ensure continued successful relationships
amongst the three organizations.
• City councilmembers and city staff have made specific efforts to attend Dakota County Regional
Chamber of Commerce events.
• The Orderly Annexation Agreement with Castle Rock Township was renewed in 2017.
• The Empire/Farmington Planning Advisory Committee has met three times in recent months to ensure
future land planning efforts are coordinated and the lines of communication are open and positive.
• Communication and work efforts with our Dakota County Commissioner continue to be positive and
productive.
Financial
• The city received the Certificate of Achievement for Excellence in Financial Reporting for the fifth
year in a row.
• The general fund balance reached 40% in 2017.
• The 2018 budget process was smooth and successfuL
• Successfully handled the retirement of the finance director and are prepared for the start of the new
finance director next week.
• Utility fund reviews are underway and will be presented to the city council in 2018.
• Results are being witnessed and implemented from the CIP planning the city council started in the
past five years in terms of equipment replacement, financial planning and more.
Service Delivery
• The importance of high level service delivery has been shared with all city staff members.
• The snow fence project test was implemented and successful on Flagstaff Avenue in 2017.
There are other examples of the work that was performed last year to advance your priorities. These are
only meant to refresh your memory on some of the projects.
I have also included the department level priorities for 2017-2019 so you can see how the department level
priorities support the city council priorities.
BUDGET IMPACT
NA
ACTION REQUESTED
Discuss the work performed on the 2017/2018 priorities.
ATTACHMENTS:
Type Description
❑ Backup Material 2017/2018 City Council Priorities
D Backup Material 2017 Depailment Priorities
CITY OF FARMINGTON
CITY COUNCIL PRIORITIES 2017
Preparing Today for Farmington's Future
o�CFARM/
D �W
G �J
oAgsl.A PRoos`*G
The Farmington City Council has established the following
priorities that are in the best long term interest of the city.
1. Development-Encourage the expansion of residential,
commercial and industrial properties.
✓ Support the growth of current businesses through
city council and EDA actions and programs.
✓ Increase the number of new businesses in the city.
✓ Support development in the Vermillion River
Crossings area through city actions and programs.
✓ Look at areas of additional commercial development
as a part of the 2040 Comp Plan process.
✓ Encourage the EDA to continue to review and develop
programs that enhance our business community.
✓ Survey residents about what types of businesses they
would realistically like to see as a part of the 2018
community survey.
2. Partnerships-Forge opportunities with existing and new
partners.
✓ Work with the Dakota County Regional Chamber of
Commerce to increase member and city participation
in Farmington.
✓ Ensure positive working relationships between the
city, the chamber and the Farmington Business
Association.
✓ Work with the business community to provide
opportunities for partnerships, sponsorships and
more.
✓ Discuss with the Farmington School Board about
reengaging the Intergovernmental Committee with
improved sharing of information with all elected
officials.
✓ Continue to build our relationships with Dakota
County, our Met Council representative, our three
neighboring townships and our elected state
representatives.
✓ Partner with our residents on everyday issues, service
delivery concerns and the 2040 Comp Plan
development.
3. Financial-Continue to take the steps to make Farmington
a city of fiscal excellence.
4. Service Delivery-Endeavor to provide core government
services at high quality levels.
2017 Priorities
O
i kRiyiv z
W
-O j
(/40 � J
OAgs �
7. ' A PROM%
City of Farmington
City Council and Department Priorities
September 2017
2017 Priorities
Executive Summary
The Farmington City Council, department heads
and staff are happy to present the priorities that
have been established for 2017 and are being
worked on by our organization.
tot,
00,
The setting of priorities is an important tool for any
organization including the city of Farmington. The
city council sets broad priorities each year to help
set the direction for the city. These broad goals are
11111(C11:
meant to continue to improve many aspects of our
community today,address short term and long
term issues and provide a roadmap for the future
of our community.
Department heads were asked to set priorities for
the years 2017, 2018 and 2019 as a part of this
process. Their goals were reviewed with the city administrator to ensure they fit into the broad
goals established by the city council. The goals, by department,for 2017 are included with this
summary report. The plans submitted by department heads have been modified by the city
administrator to ensure the plans are in alignment with the city council goals and priorities.
The city of Farmington as an organization has come a very long way over the past few years.
Previously ignored projects and issues were placed on the table for discussion and possible
resolutions; long term capital improvement/equipment and financial plans are being developed
and followed all while understanding that these issues cannot be resolved overnight.
Establishing plans and following them,while communicating the plans and results, have and will
continue to make this a better organization and community.
These plans will be updated on a yearly basis and results reported back to the city council and
community throughout the year.
As the city administrator I am happy to be able to do my part to help prepare today for
Farmington's future. If you have questions please let me know. Thank you for your time on this
important matter.
Dcwizt, Mr.Kvt.ig!A+
2017 Priorities 2
Contents
Executive Summary 1
Contents 2
City Council 3
Community Development 4
Finance 5
Fire 6
Parks and Recreation 7
Human Resources and Information Technology 8
Police 9
Engineering/Municipal Services 10
Administration 11
2017 Priorities 3
City Council
The Farmington City Council establishes priorities
each year for themselves, departments and the
community. In 2017 the city council spent a day
establishingthe following
priorities for the year. 11
1. Development-Encouraging the expansion of
residential,commercial and industrial
properties.
2. Partnerships-Forge opportunities with
existing and new partners.
3. Financial-Continue to take the steps to make Farmington a city of fiscal excellence.
4. Service Delivery-Endeavor to provide core government services at high quality levels.
The city council thought it was important to spell out specifics in two of their priorities for 2017.
The specific goals/work action they listed for goals one and two above are detailed below:
Development
✓ Support the growth of current businesses through city council and EDA actions
and programs.
✓ Increase the number of new businesses in the city.
✓ Support development in the Vermillion River Crossings area through city actions
and programs.
✓ Look at areas of additional commercial development as a part of the 2040 Comp
Plan process.
✓ Encourage the EDA to continue to review and develop programs that enhance
our business community.
Partnerships
✓ Work with the Dakota County Regional Chamber of Commerce to increase
member and city participation in Farmington.
✓ Ensure positive working relationships between the city,the chamber and the
Farmington Business Association.
✓ Work with the business community to provide opportunities for partnerships,
sponsorships and more.
✓ Meet with the Farmington School Board about reengaging the
Intergovernmental Committee with improved sharing of information with all
elected officials.
✓ Continue to build our relationships with Dakota County,our Met Council
representative,our three neighboring townships and our elected state
representatives.
✓ Partner with our residents on everyday issues,service delivery concerns and the
2040 Comp Plan development.
2017 Priorities 4
Community Development
The Community Development Department is comprised of
planning and zoning, code enforcement,economic /t AR/If
development and building inspections/permits. The
department works in unity to support safe and sustainable v� Z
development throughout the community. .
•'
GG ��G4
The following strategic priorities are in place for the AST•A pROos‘`'
department for 2017-2019.
1. Complete the 2040 Comprehensive Plan update
2. Remove unnecessary barrios to development
3. Provide efficient and effective building inspection services
4. Promote downtown reinvestment and revitalization
5. Identify emerging development and redevelopment opportunities throughout the entire
community
6. Increase communications and information related to development
7. Encourage employee growth and training
The department works closely with the city council, city administrator, Economic Development
Authority and other partners on multiple development projects each year. The work associated
with the development of Vermillion River Crossings, Fairhill, Regetta Flats and more are helping
to share what Farmington will look like in the future.
2017 Priorities 5
Finance
The following priorities have been set for the Finance
Department in 2017.
fr
1. Financial ,���\���q -
a) Work with the city council and staff on
understanding city financial information.
b) Achieve a AA+bond rating in/by 2022.
c) Understand the inner workings of the tax levy calculation and its component
parts as it impacts the city.
2. Development
a) Ensure accounting processes support the expansion of residential,commercial
and industrial properties.
3. Service Delivery
a) Successfully role out Invoice Cloud to UB customers
b) Successfully navigate staff transitions
c) Improve communication with affected customers regarding certification process
d) Expand the city's acceptance of electronic payments
e) Depending on the pace of growth,finance may need to increase its existing part
time UB position to full time in 2018/2019
f) Further streamline A/P accounting processes
g) Understand laser fiche workflow an utilize this tool to document procedures
and improve efficiencies
The Finance Department goals were adjusted in mid-2017 with retirement of the Finance
Director. The new Finance Director will need to take the time to catch up with Farmington
issues,get comfortable in their position and start to lead the department in their new capacity.
2017 Priorities 6
Fire
The fire department developed three years of priorities. �`ik TON FIRE.Re
Se
The following are those that are included for 2017. c GF
1. Completion of a full internal review of department
policies and procedures to align with city policies. F `
2. Full review of current job descriptions including
minimum levels of training,certification and IS 1873
education. MINNESOTA
3. Creation of a task book for officer/coordinator
positions outlining duties, responsibilities and step
by step instructions on how to perform pertinent tasks such as training reimbursements,
exporting NFIRS data to the state as part of the succession planning process.
4. Work with the city council and city staff on a staffing plan for future full-time fire
positions.
5. Plan for, budget and eventual installation of diesel exhaust capture systems for the
apparatus bays at both stations.
6. Continued training and certification of staff at all levels to reflect national standards and
trends. Begin sending firefighter personnel to specialized,advanced hands-on training
opportunities.
7. Increased officer development training opportunities through partnerships with Apple
Valley-Lakeville-Farmington academy.
8. Specification and bid award for engine/tender/rescue to be delivered in 2019.
9. Recruit and train firefighters for existing vacancies.
10. Continue to implement the city capital improvement plans as they impact the
department.
2017 Priorities 7
Parks and Recreation
The following strategic plans have been established for _ — _ _
the department yrt
1. Asset/Infrastructure Management
a) Work to review and prioritize park
equipment and vehicle replacement
capital improvement plan
b) Create a masterplan for Schmitz-Maki
Arena
c) Work with the Parks and Recreation Advisory Commission on the 2040
comprehensive plan update
2. Operations and Maintenance
a) Improve and make more efficient the maintenance of parks
b) Regularly provide operations, maintenance and safety training to all department
staff
c) Utilize new technology to make operations and maintenance more efficient
d) Develop and begin to implement trail signage program
3. Financial Planning
a) Work with the city council and commission to develop and implement long term
sustainable funding strategies for park improvement fund
b) Secure donations and partnerships to assist with funding programs,facilities,
etc.
c) Maximize grant opportunities when available
4. Inclusion
a) Analyze programs and events to ensure there are diverse offerings that are
inclusive to all and meet the needs of the community.
b) Evaluate inventory of programs and events to determine what will continue to
be offered and what will be retired
c) Utilize the city's various social media tools to publicize programs and events
2017 Priorities 8
Human Resources and Information Technology
This diverse department has put the following priorities in place for
this year.
Farming!o
1. Human Resources
a) Develop and implement a workforce plan. This is a
comprehensive approach for the growth and
development of the city's workforce;and includes
employee data collection and analysis,core
competencies,organizational growth, knowledge
transfer, succession planning and professional
development.
b) Align compensation and benefits programs with relevant markets and promote
understanding that the city's compensation and benefits package is a
competitive tool that will drive organizational results.
c) Continue to foster an organizational culture that values honesty, integrity, open
communication and inclusiveness.
d) Continue to leverage technology to improve HR programs and processes.
e) Making the safety program a high priority with all departments and provide the
safety committee with the tools and resources needed to correct any safety
issues and promote a safe culture.
2. Information Technology
a) Successful integration of the new IT employee and transition IT related duties
being done elsewhere back into the IT division.
b) Research, recommend and implement IT solutions/changes.
c) Maintain hardware, software, network and security standards to ensure a
sustainable technology environment.
d) Maintain the security of our systems and data.
3. Communications
a) Continue to work on the website to ensure the site remains relevant and
functional.
b) Finish developing and implementing the city's intranet to provide city
employees an easy to use platform to access information.
c) In conjunction with IT, research and implement a solution to share data and
files.
d) Evaluate current communications efforts for effectiveness, relevance and cost
and make changes in terms of communications tools used.
e) Actively promote communication standards to ensure the city communications
are cohesive and consistent with the city's brand.
4. Data Practices and Data Retention
a) Provide guidance and advice to employees on handing data requests.
b) Create easier access to public information by promoting paperless processes
and deleting data past its retention dates.
2017 Priorities 9
Police
The police department has the following priorities for the
next year.
•
1. Personnel
a) Continue to work with the city council to ii
implement staffing study recommendations T, '[
faAMI NG��N
b) Develop five and ten year population M�kNEso�p
projections and staffing needs
c) Work with school district to determine
potential SRO staffing needs
2. Community Outreach
a) Continue to work on community notification plans using social media platforms
b) Develop ideas and plans allowing officers to be more involved in community
programs
c) Expand Police/School relationship to continue developing a safe environment
3. Facility Maintenance
a) Continued identification of maintenance needs for building
b) Examine current operating systems and determine cost effectiveness of upgrades
c) Develop a plan to increase security of building and grounds
4. Technology
a) Research new video evidence gathering technology
b) Research equipment allowing officers access to data in the field
c) Continued research on communications equipment replacement
d) Research evidence tracking programs
e) Develop app allowing citizens an online reporting option
2017 Priorities 10
Engineering/Municipal Services
The following strategic priorities have been established for
the Engineer/Municipal Services Department.
1. Policies and Operational Efficiencies
a) Much of the work completed by the
department is day to day operations and
maintenance of the city's infrastructure
systems and other related assets.
Continue to stay informed on new issues, regulatory changes and operational
and maintenance advancements that could impact operations.
2. Infrastructure Plans
a) Complete updates to the infrastructure plans in conjunction with the 2040
comprehensive plan update.
3. Asset Management
a) Continue to develop a strategic approach to managing infrastructure assets.
Continue to complete projects for pavement management and infrastructure
repairs. Continue to perform regular preventative maintenance to maximize the
life of assets. Focus on creating a set of guiding principles, metrics and best
practice methods for resource allocation and utilization with the objective of
better decision making based upon quality information and well defined
objectives.
4. Long Term Financial Planning
a) Annually review and update the capital improvement program including
pavement management,water system,sanitary sewer collection system,
surface water management,fleet and solid waste. Perform an annual review of
the rates imposed to support the city's enterprises to incorporate revisions to
the CIP and other financial impacts to the operations.
2017 Priorities 11
Administration
The following strategic priorities are in place for the Administration
Department.
1. Strategic Planning-Ensure that strategic plans and priorities
are developed,followed and updated for the city council and
all individual departments. The plans should be realistic and
in alignment with each other. Reporting back on progress of
specific plans at city council meetings is an important part of
this priority.
2. 2030 Financial Plan-Approval and continued implementation of the 2030 Financial Plan
and related capital improvement plans.
3. Community Growth-Work with the city council and Community Development
Department to ensure all efforts are being made to expand the residential, commercial
and industrial tax base.
4. Fiscal Excellence-Work with the city council and all department heads to ensure that
work is being done to continue to move Farmington in the right direction in terms of
financial health and strive to make Farmington a city of fiscal excellence.
5. City Representative-Continue to represent the city and city council in the eyes of the
public, increasing the communication on positive things that are happening in
Farmington.
6. Organizational Culture-Continue to improve the culture of the organization at all levels.
7. Efficiencies and Organizational Structure-Ensure that departments understand the
importance of efficiencies while keeping service delivery as a priority. In addition, make
recommendations on the organizational structure to make sure the priorities of the city
council are able to be met.
S. Professional Development-Ensure that the professional development of the city
administrator and city staff is a priority and that a plan to continually advance the
quality of city employees is followed.
iMRM/„o City of43oFarmington
r�
Street
Farmington, Minnesota
651.280.6800 - Fax 651.280.6899
W
T• .`t`' www.ci.farmington.inn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: 2018 Priorities
DATE: January 12, 2018
INTRODUCTION
The city council will spend most of the time during the work session setting the priorities for 2018.
DISCUSSION
NA
BUDGET IMPACT
NA
ACTION REQUESTED
Discussion any items or issues you would like in order to determine what your priorities are for 2018.
��pFEARM/� City of Farmington
r� 430 Third Street
Farmington, Minnesota
651.280.6800 - Fax 651.280.6899
4".,, www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: City Hall Space Lease
DATE: January 12, 2018
INTRODUCTION
City staff has been working with the USDA on the potential lease of space at city hall starting sometime in
2018. Randy Distad and I will go over this process and the draft lease that is attached for your review.
DISCUSSION
The city council has expressed a desire to rent out the available space on the second floor of city hall for
some time. Over the years we have had parties rent this space including the Dakota County Library and the
Legacy of Farmington.
In 2016 the city refinanced the bonds that were originally used to construct city hall. With this refinancing
we also eliminated the restrictions that we could only rent the space to county/state governments and
qualified 501(c)3 organizations. At the same time we were in discussions with Dakota County about their
space needs and the possibility of the county or some of their partners looking for space to lease within
Farmington.
As a result of those discussions we have been in extended talks with the USDA about leasing a portion of
the space available in city hall. The USDA is a federal government fun program and with that has come
many detailed conversations about a potential lease, lease costs, etc. with the leasing entities of the federal
government.
We have reached a point where the USDA has notified the city that they would like to lease space in our
facility. Randy Distad and I would like to review the draft contract with you at the work session. We will
provide our comments to you as well as a part of this discussion.
BUDGET IMPACT
TBD
ACTION REQUESTED
Review the draft contract and ask any questions you may have on this issue.
ATTACHMENTS:
Type Description
D Backup Material USDA Notification
❑ Backup Material Draft Lease
David McKnight
From: Cattey, Megan @ McLean <Megan.Cattey@cbre.com>
Sent: Friday, December 15,2017 3:14 PM
To: David McKnight
Cc: Frohnauer,Jen - FSA,St. Paul, MN (Jen.Frohnauer@mn.usda.gov);Tobin,Aisha- FSA,
Washington, DC; LaSpada, Bob @ McLean; Digman,Adrian @ McLean;Johnson,Josh @
Minneapolis
Subject: USDA- Dakota County(Farmington, MN)- Lease No.27037DakotaCoMN
Attachments: Digman Adrian.vcf; Lease No.27037DakotaCoMN.pdf; Lease No.27037DakotaCoMN -
Conditional Award Letter.pdf
Good Afternoon Mr.McKnight,
On behalf of the U.S. Department of Agriculture(USDA) and the Lease Contracting Officer(LCO),the City of Farmington
is being awarded Lease No.27037DakotaCoMN. Please find the attached conditional award letter and Lease number
27037DakotaCoMN,finalized as a result of our discussions and negotiations.
Please find the attached conditional award letter with instructions on how to fill out and submit the lease.The
Government requests that you initial and sign all pages where indicated and return one(1)executed copy electronically
and two(2)copies via standard mail to the LCO,Jen Frohnauer. Once received and verified,Ms. Frohnauer will
countersign the final Lease package and one(1) hard copy will be returned to you for your files. Please return your
signed lease package by 3:30 p.m.Central Wednesday, December 20,2017.
Please include me(meean.cattey@cbre.com)in your submission of the executed electronic copy.
Once the Lease is awarded,you will be contacted by my Sr. Post Award Manager,Adrian Digman who will assume the
post award responsibilities of this transaction. His contact information is below.
Digman, Adrian
CBRE,Inc.
Manager,Sr Project
TM
+1703bed 9050314 Work
+1646 4302396 Mobile
Adrian.Digman@cbre.com
1861 International Drive
Note: I will be out of the Office beginning Friday, December 22nd through Tuesday, December 264h. I will return on
Wednesday, December 27th.
Respectfully,
Megan Cattey I Transaction Coordinator
CBRE GWS
1861 International Drive, Suite 300 I McLean, VA 22102
T(703)852 6209
Megan.Cattey(a�cbre.com
Follow CBRE:Facebook I @cbre I Google+
1
USDA
United States
Department of
Agriculture 12/15/2017
City of Farmington
do David McKnight
430 Third Street
Farmington,MN 55024-1355
RE: LEASE NO.27037DAKOTACOMN,USDA,DAKOTA COUNTY(FARMINGTON,MN)
Dear Mr.McKnight:
The Government has preliminarily selected the property offered at Farmington City Hall,430 Third Street.Farmington.MN
55024-1355 for lease award, The enclosed lease has been prepared to reflect the terms of your proposal in response to the
Government's Request for Lease Proposals(RLP)to provide 2,610 rentable square feet for a term of twenty(20)years.
*Note:Please notate on the GSA Form 1364 that the rate offered for years 11-20 is intended to be the Total Rate and initial the
edit. This is in accordance with the clarification provided by Mr.Randy Distad on December 11,2017.
The following must be returned by the requested response date of 3:30 p.m.Wednesday,December 20'h,2017:
• one(1)color-scanned copy of the entire Lease package via email
• two(2)copies of the Lease documents via USPS,FedEx,UPS or hand delivery
Please send the color-scanned electronic copy to Jen Frohnauer(ien.frohnauer@mn.usda.gov)and Megan Cattey
(Megan.Cattev rr,ebre.com).
Please send the two(2)single-sided original hard copies of the lease to:
Ms.Jen Frohnauer
U.S.Department of Agriculture—Farm Service Agency
375 Jackson Street,Suite 400
Saint Paul,MN 55101
Email:jen.frohnauer a,mn.usda.gov
Proper execution requires that each page of the lease be initialed,the lease must be signed by an authorized representative,and the
signature witnessed. This proposed lease does not constitute award. The Government's execution of the lease and assignment of
a lease number will constitute award.At that time,you will be provided a fully executed lease for your records and you will be
authorized at that time to proceed with any work required as a condition of the lease.
Please contact me at 651.602.7703 or by email with any questions.
Sincerely,
JENNIFER Digitally signed by JENNIFER
FROHNAUER
FROHNAUER Date:2017.12.1515:07:37-06'00'
Jennifer Frohnauer
Lease Contracting Officer
Enclosures; Cc:Megan Cattey,Transaction Coordinator,CBRE
Page I 1
Global Lease
LEASE NO. 27037DakotaCoMNGSA FORM L100(102016)
This Lease is made and entered into between
CITY OF FARMINGTON
(Lessor), whose principal place of business is 430 THIRD STREET, FARMINGTON, MN 55024-1355, and whose interest in the Property
described herein is that of Fee Owner,and
The United States of America
(Government),acting by and through the designated representative of the U.S.Department of Agriculture(USDA),upon the terms and conditions
set forth herein.
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein,being all or a portion of the Property located at
430 THIRD STREET,FARMINGTON,MN 55024-1355
and more fully described in Section 1 and EXHIBIT A,together with rights to the use of parking and other areas as set forth herein,to be used
for such purposes as determined by USDA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this
Lease and continuing for a period of
Twenty(20)Years,One(1)Year Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable
termination and renewal rights,shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the
Space by the Government.
In Witness Whereof,the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below,to
be effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR: FOR THE GOVERNMENT:
Name: David McKnight Name: Jennifer Frohnauer
Title: City Administrator Title: Lease Contracting Officer
Entity Name:City of Farmington U.S.Department of Agriculture
Date: Date:
WITNESSED FOR THE LESSOR BY:
Name:
Title:
Date:
The information collection requirements contained in this Solicitation/Contract,that are not required by the 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.
LEASE NO.27037DakotaCoMN LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 1 THE PREMISES,RENT,AND OTHER TERMS 1
1.01 THE PREMISES(OCT 2016) 1
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013) 1
1.03 RENT AND OTHER CONSIDERATION(OCT 2016) 1
1.04 INTENTIONALLY DELETED 2
1.05 TERMINATION RIGHTS(OCT 2016) 2
1.06 INTENTIONALLY DELETED 2
1.07 DOCUMENTS INCORPORATED IN THE LEASE(OCT 2016) 2
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT(OCT 2016) 2
1.09 INTENTIONALLY DELETED 2
1.10 INTENTIONALLY DELETED 2
1.11 INTENTIONALLY DELETED 2
1.12 INTENTIONALLY DELETED 2
1.13 INTENTIONALLY DELETED 2
1.14 INTENTIONALLY DELETED 2
1.15 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013) 2
1.16 INTENTIONALLY DELETED 3
1.17 INTENTIONALLY DELETED 3
1.18 BUILDING IMPROVEMENTS(MAR 2016) 3
1.19 INTENTIONALLY DELETED 3
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS 4
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016) 4
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016) 4
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(OCT 2016) 5
2.04 WAIVER OF RESTORATION(OCT 2016) 5
2.05 INTENTIONALLY DELETED 5
2.06 CHANGE OF OWNERSHIP(OCT 2016) 5
2.07 INTENTIONALLY DELETED 5
2.08 ADJUSTMENT FOR VACANT PREMISES(OCT 2016) 5
2.09 INTENTIONALLY DELETED 5
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012) 6
2.11 INTENTIONALLY DELETED 6
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 7
3.01 LABOR STANDARDS(OCT 2016) 7
3.02 WORK PERFORMANCE(JUN 2012) 7
3.03 ENVIRONMENTALLY PREFERABLE PRODUCT REQUIREMENTS(OCT 2016) 7
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012) 7
3.05 CONSTRUCTION WASTE MANAGEMENT(SEP 2015) 7
3.06 WOOD PRODUCTS(OCT 2016) 8
3.07 ADHESIVES AND SEALANTS(OCT 2016) 8
3.08 BUILDING SHELL REQUIREMENTS(OCT 2016) 9
3.09 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(JUN 2012) 9
3.10 QUALITY AND APPEARANCE OF BUILDING(JUN 2012) 9
3.11 VESTIBULES(APR 2011) 9
3.12 MEANS OF EGRESS(MAY 2015) 9
3.13 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013) 9
3.14 FIRE ALARM SYSTEM(SEP 2013) 10
3.15 ENERGY INDEPENDENCE AND SECURITY ACT(MAR 2016) 10
3.16 ELEVATORS(OCT 2016) 11
3.17 BUILDING DIRECTORY(APR 2011) 11
3.18 FLAGPOLE(SEP 2013) 11
3.19 DEMOLITION(JUN 2012) 11
3.20 ACCESSIBILITY(FEB 2007) 12
3.21 CEILINGS(APR 2015) 12
3.22 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013) 12
3.23 DOORS: IDENTIFICATION(APR 2011) 12
3.24 WINDOWS(APR 2011) 12
3.25 PARTITIONS: GENERAL(APR 2015) 12
3.26 PARTITIONS: PERMANENT(APR 2015) 12
3.27 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 2013) 13
3.28 WALL FINISHES-SHELL(SEP 2015) 13
3.29 PAINTING-SHELL(JUN 2012) 13
3.30 FLOORS AND FLOOR LOAD(APR 2015) 13
3.31 FLOOR COVERING AND PERIMETERS-SHELL(SEP 2013) 13
3.32 MECHANICAL, ELECTRICAL,PLUMBING: GENERAL(APR 2011) 13
3.33 BUILDING SYSTEMS(APR 2011) 14
3.34 ELECTRICAL(JUN 2012) 14
3.35 INTENTIONALLY DELETED 14
3.36 PLUMBING(JUN 2012) 14
LEASE NO.27037DakotaCoMN LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3.37 DRINKING FOUNTAINS(OCT 2016) 14
3.38 RESTROOMS(OCT 2016) 14
3.39 PLUMBING FIXTURES:WATER CONSERVATION(OCT 2016) 15
3.40 JANITOR CLOSETS(SEP 2015) 15
3.41 HEATING,VENTILATION,AND AIR CONDITIONING-SHELL(OCT 2016) 15
3.42 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SEP 2015) 15
3.43 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012) 16
3.44 LIGHTING: INTERIOR AND PARKING-SHELL(OCT 2016) 16
3.45 ACOUSTICAL REQUIREMENTS(JUN 2012) 17
3.46 INTENTIONALLY DELETED 17
3.47 INTENTIONALLY DELETED 17
3.48 INTENTIONALLY DELETED 17
3.49 INTENTIONALLY DELETED 17
3.50 INTENTIONALLY DELETED 17
3.51 INDOOR AIR QUALITY DURING CONSTRUCTION(OCT 2016) 17
3.52 SYSTEMS COMMISSIONING(APR 2011) 18
3.53 INTENTIONALLY DELETED 18
3.54 INTENTIONALLY DELETED 18
3.55 INTENTIONALLY DELETED 18
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES 19
4.01 SCHEDULE FOR COMPLETION OF SPACE(OCT 2016) 19
4.02 CONSTRUCTION DOCUMENTS(SEP 2012) 19
4.03 INTENTIONALLY DELETED 19
4.04 INTENTIONALLY DELETED 19
4.05 GREEN LEASE SUBMITTALS(OCT 2016) 19
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING(APR 2011) 20
4.07 PROGRESS REPORTS(JUN 2012) 20
4.08 CONSTRUCTION INSPECTIONS(SEP 2015) 20
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE(SEP 2013) 20
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SEP 2015) 20
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION(JUN 2012) 21
4.12 AS-BUILT DRAWINGS(JUN 2012) 21
4.13 LIQUIDATED DAMAGES(JUN 2012) 21
4.14 INTENTIONALLY DELETED 21
4.15 INTENTIONALLY DELETED 21
SECTION 5 TENANT IMPROVEMENT COMPONENTS 22
5.01 TENANT IMPROVEMENT REQUIREMENTS(OCT 2016) 22
5.02 INTENTIONALLY DELETED 22
5.03 FINISH SELECTIONS(SEP 2015) 22
5.04 WINDOW COVERINGS(JUN 2012) 22
5.05 DOORS: SUITE ENTRY(SEP 2013) 22
5.06 DOORS: INTERIOR(SEP 2013) 22
5.07 DOORS: HARDWARE(SEP 2013) 22
5.08 DOORS: IDENTIFICATION(JUN 2012) 22
5.09 PARTITIONS: SUBDIVIDING(SEP 2015) 22
5.10 WALL FINISHES(JUN 2012) 23
5.11 PAINTING-TI(SEP 2013) 23
5.12 FLOOR COVERINGS AND PERIMETERS(APR 2015) 23
5.13 HEATING AND AIR CONDITIONING(JUN 2012) 24
5.14 ELECTRICAL: DISTRIBUTION(SEP 2015) 24
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(JUN 2012) 24
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(AUG 2008) 24
5.17 DATA DISTRIBUTION(JUN 2012) 25
5.18 ELECTRICAL,TELEPHONE,DATA FOR SYSTEMS FURNITURE(JUN 2012) 25
5.19 LIGHTING: INTERIOR AND PARKING-TI(SEP 2015) 25
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM-TI(OCT 2016) 25
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM 26
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012) 26
6.02 UTILITIES(APR 2011) 26
6.03 INTENTIONALLY DELETED 26
6.04 UTILITY CONSUMPTION REPORTING(OCT 2016) 26
6.05 HEATING AND AIR CONDITIONING(OCT 2016) 26
6.06 OVERTIME HVAC USAGE(JUN 2012) 26
6.07 JANITORIAL SERVICES(JUN 2012) 26
6.08 SELECTION OF CLEANING PRODUCTS(OCT 2016) 27
6.09 SELECTION OF PAPER PRODUCTS(APR 2015) 27
6.10 SNOW REMOVAL(APR 2011) 27
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013) 27
LEASE NO.27037DakotaCoMN LESSOR: GOVERNMENT: GSA FORM L100(10/16)
6.12 MAINTENANCE OF PROVIDED FINISHES(OCT 2016) 28
6.13 ASBESTOS ABATEMENT(APR 2011) 28
6.14 ONSITE LESSOR MANAGEMENT(APR 2011) 28
6.15 IDENTITY VERIFICATION OF PERSONNEL(OCT 2016) 28
6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012) 29
6.17 LANDSCAPING(OCT 2016) 29
6.18 LANDSCAPE MAINTENANCE(APR 2011) 29
6.19 RECYCLING(JUN 2012) 29
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) 29
6.21 INTENTIONALLY DELETED 29
6.22 INDOOR AIR QUALITY(OCT 2016) 30
6.23 RADON IN AIR(OCT 2016) 30
6.24 RADON IN WATER(JUN 2012) 31
6.25 HAZARDOUS MATERIALS(SEP 2013) 31
6.26 MOLD(OCT 2016) 31
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013) 32
6.28 FLAG DISPLAY(OCT 2016) 32
SECTION 7 ADDITIONAL TERMS AND CONDITIONS 33
7.01 SECURITY REQUIREMENTS(OCT 2016) 33
7.02 AGENCY SPECIFIC REQUIREMENTS(ASR) 33
7.03 FACILITY IDENTIFICATION 33
7.04 HOLDOVER 33
7.05 MODIFIED LEASE PARAGRAPHS(OCT 2016) 33
LEASE NO.27037DakotaCoMN LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 1 THE PREMISES, RENT,AND OTHER TERMS
1.01 THE PREMISES(OCT 2016)
The Premises are described as follows:
A. Office and Related Space: 2,610 rentable square feet(RSF),yielding 2,270 ANSI/BOMA Office Area(ABOA)square feet(SF)of office
and related Space located on the second floor and known as Suite(s)TBD,of the Building,as depicted on the floor plan(s)attached hereto as
EXHIBIT B.
B. Common Area Factor: The Common Area Factor(CAF), defined under Section 2 of the Lease, is established as 15%(percent). This
factor, rounded to the nearest whole percentage,shall be used for purposes of rental adjustments in accordance with the Payment Clause of
the General Clauses.
C. INTENTIONALLY DELETED
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas,and shall have the right to post Rules and Regulations
Governing Conduct on Federal Property,Title 41,CFR,Part 102-74,Subpart C within such areas. The Government will coordinate with Lessor
to ensure signage is consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking: two(2)parking spaces as depicted on the plan attached hereto as EXHIBIT C,reserved for the exclusive use of the Government,
of which two(2)shall be surface/outside parking spaces. In addition,the Lessor shall provide such additional parking spaces as required by
the applicable code of the local government entity having jurisdiction over the Property.
B. INTENTIONALLY DELETED
1.03 RENT AND OTHER CONSIDERATION(OCT 2016)
A. The Government shall pay the Lessor annual rent,payable in monthly installments in arrears,at the following rates:
Annual Rent Annual Rent
Years 1-10 Years 11-20
Shell Rent:' $3,756.834 $4,645.80
Operating Costs:2 $12,636.837 $14,929.20
Tenant Improvements rent:3 $13,151.268 N/A
Total Annual Rent $29,545.00* $19,575.00
'Shell rent calculation:$1.4394 per RSF years 1-10,$1.78 per RSF years 11-20 multiplied by the RSF stated under Paragraph 1.01.
'Operating Costs rent calculation:$4.8417 per RSF years 1-10,$5.72 years 11-20,multiplied by the RSF stated under Paragraph
1.01.
3Tenant Improvements of Not to Exceed$113,500 are amortized at a rate of 3%(percent)per annum over ten(10)years. The lessor
will provide the final tenant improvement costs prior to occupancy for a one-time reduction in the TI rent if costs are less than
$113,500. This rate change will be itemized in the Lease Amendment establishing beneficial occupancy and payment of rent.The
amortization rate of 3%over ten(10)years will still apply.
*Rate has been adjusted to reflect the Total Annual Rent as shown in Lease Exhibit J-GSA Form 1364..
B. In instances where the Lessor amortizes the TI for a period other than the full Term of the Lease, should the Government terminate the
Lease prior to completion of the amortization period,the Government shall be liable for any unamortized TI costs.
C. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance, not to exceed 2,270 ABOA SF based
upon the methodology outlined under the"Payment"clause of GSA Form 3517.
D. INTENTIONALLY DELETED
E. INTENTIONALLY DELETED
F. If the Government occupies the Premises for less than a full calendar month,then rent shall be prorated based on the actual number of
days of occupancy for that month.
G. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable
to the Payee designated by the Lessor in the System for Award Management(SAM). If the payee is different from the Lessor,both payee and
Lessor must be registered and active in SAM.
H. Lessor shall provide to the Government,in exchange for the payment of rental and other specified consideration,the following:
1. The leasehold interest in the Property described herein in the paragraph entitled"The Premises."
LEASE NO.27037DakotaCoMN,PAGE 1 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
2. All costs,expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease,including all
costs for labor,materials,and equipment,professional fees,contractor fees,attorney fees,permit fees,inspection fees,and similar such
fees,and all related expenses.
3. Performance or satisfaction of all other obligations set forth in this Lease;and all services,utilities,and maintenance required for the
proper operation of the Property,the Building,and the Premises in accordance with the terms of the Lease,including,but not limited to,all
inspections,modifications,repairs,replacements,and improvements required to be made thereto to meet the requirements of this Lease.
INTENTIONALLY DELETED
J. INTENTIONALLY DELETED
1.04 INTENTIONALLY DELETED
1.05 TERMINATION RIGHTS(OCT 2016)
The Government may terminate this Lease,in whole or in parts,at any time effective after the Firm Term of this Lease,by providing not less
than 120 days'prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required
notice period or the termination date set forth in the notice,whichever is later. No rental shall accrue after the effective date of termination. If
the lease is terminated in whole,the Government shall only be liable for the remaining unpaid balance of the tenant improvement costs. All the
terms and conditions herein shall prevail throughout the term of the lease. If the Government terminates a portion of the space,the Government
shall take necessary steps to demise the space to a marketable condition.
1.06 INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE(OCT 2016)
The following documents are attached to and made part of the Lease:
DOCUMENT NAME NO.OF EXHIBIT
PAGES
Legal Description of Premises 1 A
Floor Plan(s) 1 B
Parking Plan(s) 1 C
Agency Specific Requirements 8 D
AD-2066 USDA-OCIO-ITS Requirements 7 E
USDA Facility Signage Guide 11 F
Security Requirements—Facility Level I 3 G
GSA Form 3517B General Clauses 15 H
GSA Form 3518-SAM,Addendum to System for Award Management(SAM)Representations and 2 I
Certifications(Acquisitions of Leasehold Interests in Real Property)
GSA Form 1364,Proposal to Lease Space 3
Revision(s)to RLP/Lease Issued Under RLP Amendment Number(s)1 1 K
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT(OCT 2016)
A. The Lessor has agreed to total TI pricing of$113,500 based on the Agency's Requirements and design schematic included in EXHIBIT B.
This amount is amortized in the rent over a ten year term at an interest rate of 3%(percent)per year.
B. INTENTIONALLY DELETED
C. The Government may elect to make lump sum payments for any or all work covered by the TI scope. That part of the TI amortized in the
rent shall be reduced accordingly. At any time after occupancy and during the Term of the Lease,the Government,at its sole discretion,may
elect to pay lump sum for any part or all of the remaining unpaid amortized balance of the TI. If the Government elects to make a lump sum
payment for the TI after occupancy,the payment of the TI by the Government will result in a decrease in the rent according to the amortization
rate over the Term of the Lease.
1.09 INTENTIONALLY DELETED
1.10 INTENTIONALLY DELETED
1.11 INTENTIONALLY DELETED
1.12 INTENTIONALLY DELETED
1.13 INTENTIONALLY DELETED
1.14 INTENTIONALLY DELETED
1.15 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013)
In accordance with the paragraph entitled "Adjustment for Vacant Premises,"if the Government fails to occupy or vacates the entire or any
portion of the Premises prior to expiration of the term of the Lease, the total costs paid by the Government as part of the rent shall be
$5.7936 per ABOA SF of Space vacated by the Government.
LEASE NO.27037DakotaCoMN,PAGE 2 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
1.16 INTENTIONALLY DELETED
1.17 INTENTIONALLY DELETED
1.18 BUILDING IMPROVEMENTS(MAR 2016)
Before the Government accepts the Space,the Lessor shall complete the following additional Building improvements:
A. See Exhibit D,Agency Specific Requirements
1.19 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 3 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 2 GENERAL TERMS, CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)
Unless otherwise specifically noted,all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,
standards,and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease,or for which rights to use are reasonably necessary or reasonably anticipated
with respect to the Government's enjoyment of the Premises and express appurtenant rights.
B. Broker. If USDA awarded this Lease using a contract real estate broker,Broker shall refer to USDA's broker.
C. Building. Building(s)situated on the Property in which the Premises are located.
D. INTENTIONALLY DELETED
E. Common Area Factor. The "Common Area Factor"(CAF) is a conversion factor determined by the Building owner and applied by the
owner to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the
amount of rentable SF and ABOA SF,divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15%
[(11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF]. For the purposes of this Lease,the CAF shall be determined in accordance with the
applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
F. Contract. "Contract"shall mean this Lease.
G. Contractor. "Contractor"shall mean Lessor.
H. Days. All references to"day"or"days"in this Lease shall mean calendar days,unless specified otherwise.
I. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1.
J. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is
that part of the Lease term following the end of the Firm Term.
K. GSAR.All references to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
L. Lease Term Commencement Date. The date on which the lease term commences.
M. Lease Award Date. The date the LCO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to
the successful Offeror(date on which the parties'obligations under the Lease begin).
N. Premises. The Premises are defined as the total Office Area or other type of Space,together with all associated common areas,described
in Section 1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights
under this Lease are not included in the Premises.
O. Property. Defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g., parking areas)to
which the Government is granted rights.
P. Rentable Space or Rentable Square Feet(RSF). Rentable Space is 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. The Rentable Space may include a share of Building
support/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. The Rentable Space does not include vertical building
penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Rentable Square Feet is calculated using the
following formula for each type of Space(e.g.,office,warehouse,etc.)included in the Premises: ABOA SF of Space x(1 +CAF)=RSF.
Q. Space. The Space shall refer to that part of the Premises to which the Government has exclusive use,such as Office Area,or other type
of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
R. Office Area. For the purposes of this Lease,Space shall be measured in accordance with the standard(Z65.1-1996)provided by American
National Standards Institute/Building Owners and Managers Association (ANSI/BOMA)for Office Area,which means"the area where a
tenant normally houses personnel and/or furniture,for which a measurement is to be computed." References to ABOA mean ANSI/BOMA
Office Area.
S. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other
persons shall be understood to have any authority to bind their respective principals,except to the extent that such authority may be explicitly
delegated by notice to the other party,or to the extent that such authority is transferred by succession of interest. The Government shall have
the right to substitute its Lease Contracting Officer(LCO)by notice,without an express delegation by the prior LCO.
LEASE NO.27037DakotaCoMN,PAGE 4 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(OCT 2016)
A. The Government may request the Lessor to provide alterations during the term of the Lease.Alterations will be ordered by issuance of a
Lease Amendment,GSA Form 300,Order for Supplies or Services,or a tenant agency-approved form when specifically authorized to do so by
the LCO. The General Services Administration Acquisition Manual ("GSAM") clause, 552.270-31, Prompt Payment, including its invoice
requirements,shall apply to orders for alterations. All orders are subject to the terms and conditions of this Lease and may be placed by the
LCO or a warranted contracting officer's representative(COR)in the tenant agency when specifically authorized to do so by the LCO,subject
to the threshold limitation below.
B. Orders for alterations issued by an authorized COR are limited to no more than$150,000(LCOS are not subject to this threshold). This
threshold will change according to future adjustments of the simplified acquisition threshold(see FAR 2.101).The tenant agency officials are
not authorized to deal with the Lessor on any other matters.
C. Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the
tenant agency placing the order.
2.04 WAIVER OF RESTORATION(OCT 2016)
Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease,and waives all claims against the
Government for waste,damages,or restoration arising from or related to(a)the Government's normal and customary use of the Premises during
the term of the Lease(including any extensions thereof),as well as(b)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 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.
2.05 INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP(OCT 2016)
A. If during the term of the Lease,title to the Property is transferred,the Lease is assigned,or the Lessor changes its legal name,the Lessor
and its successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred,the Lessor shall notify the Government within
five days of the transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the
Government's and the Lessor's respective rights and obligations remain unaffected. A sample form is found at FAR 42.1205.
C. If title to the Property is transferred, or the Lease is assigned,the Government,the original Lessor(Transferor), and the new owner or
assignee(Transferee)shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to
the Transferee. When executed on behalf of the Government,a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204,the LCO may request additional information (e.g., copy of the deed, bill of sale,
certificate of merger,contract, court decree,articles of incorporation,operation agreement,partnership certificate of good standing,etc.)from
the Transferor or Transferee to verify the parties'representations regarding the transfer,and to determine whether the transfer of the Lease is
in the Government's interest.
E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government's interest,the Transferor shall remain
fully liable to the Government for the Transferee's performance of obligations under the Lease,notwithstanding the transfer. Under no condition
shall the Government be obligated to release the Transferor of obligations prior to(a)the rent commencement date;and(b)any amounts due
and owing to the Government under the Lease have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent,the Transferee must register in the System for Award
Management(SAM)(See FAR 52.232-33),and complete and sign GSA Form 3518-SAM,Addendum to System for Award Management(SAM)
Representations and Certifications(Acquisition of Leasehold Interests in Real Property).
G. If title to the Property is transferred, or the Lease is assigned, rent shall continue to be paid to the original Lessor, subject to the
Government's rights as provided for in this Lease. The Government's obligation to pay rent to the Transferee shall not commence until the
Government has received all information reasonably required by the LCO under sub-paragraph D, the Government has determined that
recognizing the Transferee as the Lessor is in the Government's interest(which determination will be prompt and not unreasonably withheld),
and the Transferee has met all conditions specified in sub-paragraph F..
2.07 INTENTIONALLY DELETED
2.08 ADJUSTMENT FOR VACANT PREMISES(OCT 2016)
A. If the Government fails to occupy any portion of the leased Premises or vacates the Premises in whole or in part prior to expiration of the
term of the Lease,the rental rate and the operating costs will be reduced using the figure specified in the"Rate for Adjustment for Vacant Leased
Premises"paragraph of this Lease.
B. If no rate reduction has been established in this Lease, the rate will be reduced by that portion of the costs per ABOA SF of operating
expenses not required to maintain the Space. Said reduction shall occur after the Government gives 30 calendar days'prior notice to the Lessor
and shall continue in effect until the Government occupies the vacant Premises or the Lease expires or is terminated.
2.09 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 5 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012)
A. If the Lessor is a HUBZone small business concern(SBC)that did not waive the price evaluation preference,the Lessor shall provide a
certification within 10 days after Lease award to the LCO(or representative designated by the LCO)that the Lessor was an eligible HUBZone
SBC on the date of award. If it is determined within 20 days after award that a HUBZone SBC Offeror that has been awarded the Lease was
not an eligible HUBZone SBC at the time of award,and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change
to its HUBZone eligibility prior to award, then the Lease shall be subject, at the LCO's discretion,to termination, and the Government will be
relieved of all obligations to the Lessor in such an event and not be liable to the Lessor for any costs, claims or damages of any nature
whatsoever.
B. Within ten(10)working days after Lease award,the Lessor shall provide to the LCO(or representative designated by the LCO)evidence
of:
1. A firm commitment of funds in an amount sufficient to perform the work.
2. The names of at least two proposed construction contractors, as well as evidence of the contractors'experience, competency, and
performance capabilities with construction similar in scope to that which is required herein.
3. The license or certification to practice in the state where the Building is located from the individual(s) and/or firm(s) providing
architectural and engineering design services.
C. The Government shall have the right to withhold approval of design intent drawings(DIDs)until the conditions specified in sub-paragraphs
A and B have been satisfied.
D. Within ten(10)calendar days after the LCO issues the Notice To Proceed(NTP)for TI construction,upon request the Lessor shall
provide to the LCO evidence of:
1. Award of a construction contract for Tls with a firm completion date. This date must be in accordance with the construction schedule
for Tls as described in the"Schedule for Completion of Space"paragraph of this Lease.
2. Issuance of required permits for construction of the Tls.
2.11 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 6 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 INTENTIONALLY DELETED
3.02 WORK PERFORMANCE(JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO. The LCO may reject
the Lessor's workers 1)if such are unlicensed,unskilled,or otherwise incompetent,or 2)if such have demonstrated a history of either untimely
or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private
contracts.
3.03 ENVIRONMENTALLY PREFERABLE PRODUCT REQUIREMENTS(OCT 2016)
A. The Lessor must provide environmentally preferable products as detailed throughout individual paragraphs of this Lease(e.g., Plumbing
Fixtures:Water Conservation).
B. When individual paragraphs of this Lease do not contain specific requirements for environmentally preferable products,the Lessor must
provide products meeting one of the below environmentally preferable criteria when such products are available.The Lessor can consult the
Green Procurement Compilation at www.sftool.gov/greenprocurement to determine whether any of these criteria are applicable for a product
category.
1. BioPreferred(biobased)products
2. Energy Star products
3. EPA Comprehensive Procurement Guideline designated(recycled content)products
4. EPA Safer Choice labeled products
5. FEMP-designated energy efficient products
6. SNAP(Significant New Alternative Policy)substances
7. WaterSense or other water efficient products
C. The Lessor,if unable to comply with the environmentally preferable products requirements above,must submit a waiver request for each
material within the TI pricing submittal.The waiver request shall be based on the following exceptions:
1. Product cannot be acquired competitively within a reasonable performance schedule.
2. Product cannot be acquired that meets reasonable performance requirements.
3. Product cannot be acquired at a reasonable price.
4. An exception is provided by statute.
D. The price shall be deemed unreasonable when the total life cycle costs are significantly higher for the sustainable product versus the non-
sustainable product. Life cycle costs are determined by combining the initial costs of a product with any additional costs or revenues generated
from that product during its entire life.
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012)
A. Items and materials existing in the Premises,or to be removed from the Premises during the demolition phase,are eligible for reuse in the
construction phase of the project. The reuse of items and materials is preferable to recycling them;however,items considered for reuse shall
be in re-furbished condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality
standards, the Lessor is responsible to confirm that the quality of the item(s) in question shall meet or exceed accepted industry or trade
standards for first quality commercial grade applications.
B. The Lessor shall submit a reuse plan to the LCO. The Government will not pay for existing fixtures and other Tls accepted in place.
However,the Government will reimburse the Lessor,as part of the TIA,the costs to repair or improve such fixtures or improvements identified
on the reuse plan and approved by the LCO.
3.05 CONSTRUCTION WASTE MANAGEMENT(SEP 2015)
A. Recycling construction waste is mandatory for initial space alterations for Tls and subsequent alterations under the Lease.
B. Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which
will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate
individual materials from the assemblies of which they form a part.
LEASE NO.27037DakotaCoMN,PAGE 7 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
C. Submittal Requirement: Prior to construction commencement,a proposed plan following industry standards to recycle construction waste.
The construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged(at
least 50 percent)from construction,demolition,and packaging debris. Where the small quantity of material,the extraordinarily complex nature
of the waste disposal method,or prohibitive expense 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 Lessor shall recycle the following items during both the demolition and construction phases of the project, subject to economic
evaluation and feasibility:
1. Ceiling grid and tile
2. Light fixtures,including proper disposal of any transformers,ballasts,and fluorescent light bulbs
3. Duct work and HVAC equipment
4. Wiring and electrical equipment
5. Aluminum and/or steel doors and frames
6. Hardware
7. Drywall
8. Steel studs
9. Carpet,carpet backing,and carpet padding
10. Wood
11. Insulation
12. Cardboard packaging
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. If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, polychlorinated
biphenyls (PCBs) (such as fluorescent lamp ballasts), or other harmful substances, they shall be handled and removed in accordance with
Federal and state laws and requirements concerning hazardous waste.
F. In addition to providing "one time"removal and recycling of large scale demolition items such as carpeting or drywall, the Lessor shall
provide continuous facilities for the recycling of incidental construction waste during the initial construction.
G. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the LCO. Records shall include
materials recycled or land-filled,quantity,date,and identification of hazardous wastes.
3.06 WOOD PRODUCTS(OCT 2016)
A. For all new installations of wood products,the Lessor is encouraged to use independently certified forest products. For information on
certification and certified wood products, refer to the Forest Stewardship Council United States (https://us.fsc.orq/en-us), or the Sustainable
Forestry Initiative(http://www.sfiproaram.orq/).
B. New installations of wood products used under this contract shall not contain wood from endangered wood species, as listed by the
Convention on International Trade in Endangered Species. The list of species can be found at htto://www.wood-database.com/wood-
articles/restricted-and-endanqered-wood-species/ or https://www.fws.gov/international/plants/current-cites-listings-of-tree-soecies.html.
C. Particle board,strawboard,and plywood materials shall comply with Department of Housing and Urban Development(HUD)standards for
formaldehyde emission controls. Plywood materials shall not emit formaldehyde in excess of 0.2 parts per million (ppm), and particleboard
materials shall not emit formaldehyde in excess of 0.3 ppm.
D. All materials comprised of combustible substances,such as wood plywood and wood boards,shall be treated with fire retardant chemicals
by a pressure impregnation process or other methods that treats the materials throughout as opposed to surface treatment.
3.07 ADHESIVES AND SEALANTS(OCT 2016)
All adhesives employed on this project(including,but not limited to,adhesives for carpet,carpet tile,plastic laminate,wall coverings,adhesives
for wood, or sealants) shall meet the South Coast Air Quality Management District standards for VOC limits for applicable product types
[htto://www.aamd.gov/home/requlations/compliance/vocs/rules) as well as the requirements of the manufacturer of the products adhered or
involved. The Lessor shall use adhesives and sealants with no formaldehyde or heavy metals. Adhesives and other materials used for the
installation of carpets shall be limited to those having a flash point of 140 degrees F or higher.
LEASE NO.27037DakotaCoMN,PAGE 8 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3.08 BUILDING SHELL REQUIREMENTS(OCT 2016)
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. For pricing, fulfillment of all requirements not specifically designated as Tls, Building Specific Amortized Capital,
Operating Costs,or other rent components as indicated shall be deemed included in the Shell Rent.
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 Tls. 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, costs included listed under Section II of GSA Form 1217, Lessor's
Annual Cost Statement,including insurance,taxes,lease commission and management,in addition to profit,reserve costs and loan financing
for the Building.
3.09 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(JUN 2012)
A. The Lessor shall be responsible for the professional quality,technical accuracy,and the coordination of all designs,drawings,specifications,
and other services furnished by the Lessor under this contract. The Lessor shall,without additional compensation,correct or revise any errors
or deficiencies in its designs,drawings,specifications,or other services.
B. THE LESSOR REMAINS SOLELY RESPONSIBLE FOR DESIGNING, CONSTRUCTING, OPERATING, AND MAINTAINING THE
LEASED PREMISES IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE LEASE. The Government retains the right to review and
approve many aspects of the Lessor's design, including without limitation, review of the Lessor's design and construction drawings, shop
drawings, product data, finish samples, and completed base building and TI construction. Such review and approval is intended to identify
potential design flaws, to minimize costly misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and
construction comply with applicable laws and satisfy all Lease requirements.
C. Neither the Government's review, approval or acceptance of,nor payment through rent of the services required under this contract,shall
be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract,
and the Lessor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by
the Lessor's negligent performance of any of the services required under this Lease.
D. Design and construction and performance information is contained throughout several of the documents which comprise this Lease. The
Lessor shall provide to space planners,architects,engineers,construction contractors,etc.,all information required whether it is found in this
Lease,special requirements and attachments,price lists,or design intent drawings. Reliance upon one of these documents to the exclusion of
any other may result in an incomplete understanding of the scope of the work to be performed and/or services to be provided.
3.10 QUALITY AND APPEARANCE OF BUILDING(JUN 2012)
The Building in which the Premises are located shall be designed, built and maintained in good condition and in accordance with the Lease
requirements. If not new or recent construction,the Building shall have undergone by occupancy, modernization,or adaptive reuse for office
space with modern conveniences. The Building shall be compatible with its surroundings. Overall,the Building shall project a professional and
aesthetically pleasing appearance including an attractive front and entrance way.
3.11 VESTIBULES(APR 2011)
A. Vestibules shall be provided at public entrances and exits wherever weather conditions and heat loss are important factors for consideration.
In the event of negative air pressure conditions,provisions shall be made for equalizing air pressure.
B. INTENTIONALLY DELETED
3.12 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.
3.13 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
LEASE NO.27037DakotaCoMN,PAGE 9 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
A. Any portion of the Space located below-grade,including parking garage areas,and all areas in a Building referred to as"hazardous areas"
(defined in National Fire Protection Association(NFPA)101)that are located within the entire Building(including non-Government areas)shall
be protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space is on or above the sixth floor,then, at a minimum,the Building up to and including the
highest floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor,and lease of the Space will result,either individually or in
combination with other Government Leases in the Building,in the Government leasing 35,000 or more ANSI/BOMA Office Area SF of Space in
the Building,then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s) shall be installed in accordance with the requirements of NFPA 13, Standard for the Installation of
Sprinkler Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler system(s) shall be maintained in accordance with the requirements of NFPA 25, Standard for the Inspection,
Testing,and Maintenance of Water-based Fire Protection Systems(current as of the Lease Award Date).
F. "Equivalent level of safety"means an alternative design or system(which may include automatic fire sprinkler systems),based upon fire
protection engineering analysis,which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.14 FIRE ALARM SYSTEM(SEP 2013)
A. A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3" floor or
higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code,that
was in effect on the actual date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code
(current as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means:directly to the local fire
department, to the (911) public communications center, to a central station, to a remote supervising station, or to a proprietary supervising
station.
E. If the Building's fire alarm control unit is over 25 years old as of the date of award of this Lease,Lessor shall install a new fire alarm system
in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to
Government acceptance and occupancy of the Space.
3.15 ENERGY INDEPENDENCE AND SECURITY ACT(MAR 2016)
A. Energy-related Requirements:
1. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases in Buildings that
have not earned the ENERGY STAR®Label conferred by the Environmental Protection Agency(EPA)within one year prior to the due
date for final proposal revisions("most recent year").
2. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
a. Earn the ENERGY STAR®Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a
succeeding or superseding Lease);or
b. (i) Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY
STAR® Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);and
(ii) Obtain and publicly disdose the Building's current ENERGY STAR®score(using EPA's Portfolio Manager tool),unless the
Lessor cannot access whole building utility consumption data, or there is no building category within Portfolio Manager to
benchmark against,including spaces:
I. That are located in States with privacy laws that provide that utilities shall not provide such aggregated information to
multitenant building owners;and
II. For which tenants do not provide energy consumption information to the commercial building owner in response to a
request from the building owner. (A Federal agency that is a tenant of the space shall provide to the building owner, or
authorize the owner to obtain from the utility,the energy consumption information of the space for the benchmarking and
disclosure required by this subparagraph D).
III. That cannot be benchmarked (scored) using EPA's Portfolio Manager tool because of excessive vacancy; in which
case Lessor agrees to obtain the score and publicly disclose it within 120 days of the eligibility to obtain a score using the
EPA Portfolio Manager tool.
Note:"Public disclosure"means posting the Energy Star@ score on state or local websites in those areas that have applicable
disclosure mandates,and reporting the score to the Government via Portfolio Manager. In the absence of an applicable state or
local disclosure mandate, Lessor shall either generate and display the Energy Star@ score in a public space at the building
location or post the score on Lessor's or Lessor's Parent/Affiliate website.
LEASE NO.27037DakotaCoMN,PAGE 10 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions
and was unable to earn the ENERGY STAR®label for the most recent year(as defined above)due to insufficient occupancy,but was able
to demonstrate sufficient evidence of capability to earn the ENERGY STAR®label,then Lessor must earn the ENERGY STAR®label
within 18 months after occupancy by the Government.
4. The Lessor is encouraged to purchase at least 50 percent of the Government tenant's electricity from renewable sources.
B. Hydrology-related Requirements:
1. Per EISA Section 438, the sponsor of any development or redevelopment project involving a Federal facility with a footprint that
exceeds 5,000 square feet shall use site planning,design,construction,and maintenance strategies for the property to maintain or restore,
to the maximum extent technically feasible,the predevelopment hydrology of the Property with regard to the temperature, rate,volume,
and duration of flow. If the Lessor proposes to satisfy the Government's space requirements through a development or redevelopment
project, and the Government will be the sole or predominant tenant such that any other use of the Property will be functionally or
quantitatively incidental to the Government's use,the Lessor is required to implement hydrology maintenance and restoration requirements
as required by EISA Section 438.
a. For the purposes of applying EISA Section 438 in this lease,"sponsor"shall mean"Lessor",and"exceeds 5,000 square feet"
shall mean construction that disturbs 5,000 square feet or more of land area at the Property or on adjoining property to accommodate
the Government's requirements, or at the Property for whatever reason. Information regarding implementation of the hydrology
maintenance and restoration requirements can be found at: http://www.epa.qov/areeningepa/technical-quidance-implementina-
stormwater-runoff-requirements-federal-protects.
b. Lessor is required to implement these hydrology maintenance and restoration requirements to the maximum extent technically
feasible, prior to acceptance of the Space, (or not later than one year after the Lease Award Date or Lease Term Commencement
Date, whichever is later, of a succeeding or superseding Lease). Additionally, this Lease requires EISA Section 438 storm water
compliance not later than one year from the date of any applicable disturbance(as defined in EISA Section 438)of more than 5,000
square feet of ground area if such disturbance occurs during the term of the Lease if the Government is the sole or predominant
tenant.In the event the Lessor is required to comply with EISA Section 438,Lessor shall furnish the Government,prior to the filing for
permits for the associated work, with a certification from Lessor's engineer that the design meets the hydrology maintenance and
restoration requirements of EISA Section 438.
3.16 ELEVATORS(OCT 2016)
A. The Lessor shall provide suitable passenger elevator and,when required by the Government,freight elevator service to any of the Premises
not having ground level access. Service shall be available during the normal hours of operation specified in the in this Lease. However,one
passenger elevator and,when required by the Government,one freight elevator shall be available at all times for Government use. When a
freight elevator is required by the Government, it shall be accessible to the loading areas. When possible, the Government shall be given
24-hour advance notice if the service is to be interrupted for more than 1-1/2 hours. Normal service interruption shall be scheduled outside of
the Government's normal working hours. The Lessor shall also use best efforts to minimize the frequency and duration of unscheduled
interruptions.
B. Code: Elevators shall conform to the current requirements of the American Society of Mechanical Engineers ASME A17.1/CSA B44,Safety
Code for Elevators and Escalators(current as of the Lease Award Date). Elevators shall be provided with Phase I emergency recall operation
and Phase II emergency in-car operation in accordance with ASME A17.1/CSA B44. Fire alarm initiating devices(e.g.,smoke detectors)used
to initiate Phase I emergency recall operation shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and
Signaling Code. The elevators shall be inspected and maintained in accordance with the current edition of the ASME A17.2,Inspector's Manual
for Elevators. Except for the reference to ASME A17.1 in ABAAS, Section F105.2.2, all elevators must meet ABAAS requirements for
accessibility in Sections 407,408,and 409 of ABAAS.
C. Safety Systems: Elevators shall be equipped with telephones or other two-way emergency communication systems. The system used
shall be marked and shall reach an emergency communication location staffed 24 hours per day,7 days per week.
D. Speed: The passenger elevators shall have a capacity to transport in 5 minutes 15 percent of the normal population of all upper floors
(based on 150 SF per person). Further,the dispatch interval between elevators during the up-peak demand period shall not exceed 35 seconds.
E. Interior Finishes: Elevator cab walls shall be hardwood, marble,granite,or an equivalent pre-approved by the LCO. Elevator cab floors
shall be marble,granite,terrazzo,or an equivalent pre-approved by the LCO.
3.17 BUILDING DIRECTORY(APR 2011)
A directory shall be provided in the Building lobby listing the Government agency. It must be acceptable to the LCO.
3.18 FLAGPOLE(SEP 2013)
If the Government is the sole occupant of the Building, a flagpole shall be provided at a location to be approved by the LCO. The flag of the
United States of America will be provided by the Lessor,as part of shell rent, and replaced at all times during the Lease term when showing
signs of wear.
3.19 DEMOLITION(JUN 2012)
The Lessor shall remove existing abandoned electric,telephone,and data cabling and devices,as well as any other improvements or fixtures
in place to accommodate the Government's requirements. Any demolition of existing improvements that is necessary to satisfy the Government's
layout shall be done at the Lessor's expense.
LEASE NO.27037DakotaCoMN,PAGE 11 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3.20 ACCESSIBILITY(FEB 2007)
The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the
Architectural Barriers Act Accessibility Standard(ABAAS),Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2,and Chapters 3
through 10). To the extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent
shall apply.
3.21 CEILINGS(APR 2015)
A complete acoustical ceiling system (which includes grid and lay-in tiles or other Building standard ceiling system as approved by the LCO)
throughout the Space and Premises shall be required. The acoustical ceiling system shall be furnished,installed,and coordinated with Tls.
A. Ceilings shall be at a minimum 9 feet and 0 inches and no more than 12 feet and 0 inches measured from floor to the lowest obstruction.
Areas with raised flooring shall maintain these ceiling-height limitations above the finished raised flooring. Bulkheads and hanging or surface
mounted light fixtures which impede traffic ways shall be avoided. Ceilings shall be uniform in color and appearance throughout the Space,with
no obvious damage to tiles or grid.
B. Prior to closing the ceiling,the Lessor shall coordinate with the Government for the installation of any items above the ceiling.
C. Should the ceiling be installed in the Space prior to construction of the Tls,then the Lessor shall be responsible for all costs in regard to
the disassembly,storage during construction,and subsequent re-assembly of any of the ceiling components which may be required to complete
the Tls. The Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the construction of the Tls.
D. Ceilings shall be a flat plane in each room and shall be suspended and finished as follows unless an alternate equivalent is pre-approved
by the LCO:
1. Restrooms. Plastered or spackled and taped gypsum board.
2. Offices and conference rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and tegular edges or an
equivalent pre-approved by the LCO. Tiles or panels shall contain a minimum of 30%recycled content.
3. Corridors and eating/galley areas. Plastered or spackled and taped gypsum board or mineral acoustical tile.
E. INTENTIONALLY DELETED
3.22 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013)
A. Exterior Building doors and doors necessary to the lobbies,common areas,and core areas shall be required. This does not include suite
entry or interior doors specific to Tls.
B. Exterior doors shall be weather tight and shall open outward. Hinges,pivots,and pins shall be installed in a manner which prevents removal
when the door is closed and locked. These doors shall have a minimum clear opening of 32"clear wide x 80"high(per leaf). Doors shall be
heavy duty,flush,(1)hollow steel construction,(2)solid core wood,or(3)insulated tempered glass. As a minimum requirement,hollow steel
doors shall be fully insulated,flush,#16-gauge hollow steel. Solid-core wood doors and hollow steel doors shall be at least 1-3/4 inches thick.
Door assemblies shall be of durable finish and shall have an aesthetically pleasing appearance acceptable to the LCO. The opening dimensions
and operations shall conform to the governing building,fire safety,accessibility,and energy codes and/or requirements. Fire door assemblies
shall be listed and labeled. Labels on fire door assemblies shall be maintained in a legible condition. Fire door assemblies and their
accompanying hardware,including frames and closing devices shall be installed in accordance with the requirements of NFPA 80,Standard for
Fire Doors and Other Opening Protectives.
C. Exterior doors and all common area doors shall have door handles or door pulls with heavyweight hinges. All doors shall have
corresponding doorstops(wall or floor mounted)and silencers. All public use doors and restroom doors shall be equipped with kick plates. All
doors shall have automatic door closers. All Building exterior doors shall have locking devices installed to reasonably deter unauthorized entry.
3.23 DOORS: IDENTIFICATION(APR 2011)
All signage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor.
3.24 WINDOWS(APR 2011)
A. Office Space shall have windows in each exterior bay unless waived by the LCO.
B. All windows shall be weather tight. Operable windows that open shall be equipped with locks. Off-street,ground-level windows and those
accessible from fire escapes, adjacent roofs, and other structures that can be opened must be fitted with a sturdy locking device. Windows
accessible from fire escapes must be readily operable from the inside of the Building.
3.25 PARTITIONS: GENERAL(APR 2015)
Partitions in public areas shall be marble, granite, hardwood, or drywall covered with durable wall covering or high performance coating, or
equivalent pre-approved by the LCO. Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of
VOCs.
3.26 PARTITIONS: PERMANENT(APR 2015)
LEASE NO.27037DakotaCoMN,PAGE 12 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor as part of
shell rent as necessary to surround the Space,stairs,corridors,elevator shafts,restrooms,all columns,and janitor closets. They shall have a
flame spread rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84). Stairs,elevators,and other floor openings shall
be enclosed by partitions and shall have the fire resistance required by the applicable building code,fire code and ordinances adopted by the
jurisdiction in which the Building is located(such as the International Building Code,etc.)current as of the Lease Award Date. Newly installed
gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs.
3.27 INSULATION: THERMAL,ACOUSTIC,AND HVAC(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 chlorofluorocarbons(CFCs), nor shall CFCs be used in the
installation of the product.
C. All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
D. Insulating properties for all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society
for Testing and Materials(ASTM)C578 91.
E. All insulation shall be low emitting with not greater than.05 ppm formaldehyde emissions.
F. The maximum flame spread and smoke developed index for insulation shall meet the requirements of the applicable local codes and
ordinances(current as of the Lease Award Date)adopted by the jurisdiction in which the Building is located.
3.28 WALL FINISHES—SHELL(SEP 2015)
A. All restrooms within the Building common areas of Government-occupied floors shall have 1)ceramic tile,recycled glass tile,or comparable
wainscot from the finished floor to a minimum height of 4' and 2) semigloss paint on remaining wall areas, or other finish approved by the
Government.
B. All elevator areas that access the Space and hallways accessing the Space shall be covered with wall coverings not less than 20 ounces
per square yard,high performance paint,or an equivalent.
3.29 PAINTING—SHELL(JUN 2012)
A. The Lessor shall bear the expense for all painting associated with the Building shell. These areas shall include all common areas. Exterior
perimeter walls and interior core walls within the Space shall be spackled and prime painted with low VOC primer. If any Building shell areas
are already painted prior to Tls,then the Lessor shall repaint,at the Lessor's expense,as necessary during Tls.
B. The costs for cyclical painting requirements as outlined in Section 6 shall be included in the shell rent.
3.30 FLOORS AND FLOOR LOAD(APR 2015)
A. All adjoining floor areas shall be of a common level not varying more than 1/4 inch over a 10-foot horizontal run in accordance with the
American Concrete Institute standards,non-slip,and acceptable to the LCO.
B. Under-floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA SF plus
20 pounds per ABOA SF for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ABOA SF,including
moveable partitions. Lessor may be required to provide a report by a registered structural engineer showing the floor load capacity, at the
Lessor's expense. Calculations and structural drawings may also be required.
C. INTENTIONALLY DELETED
3.31 FLOOR COVERING AND PERIMETERS—SHELL(SEP 2013)
A. Exposed interior floors in primary entrances and lobbies shall be marble,granite,terrazzo,or other comparable stone product approved by
the LCO. Exposed interior floors in secondary entrances, elevator lobbies,and primary interior corridors shall be high-grade carpet, marble,
granite,or terrazzo. Resilient flooring shall be used in telecommunications rooms. Floor perimeters at partitions shall have wood,rubber,vinyl,
marble,or carpet base.
B. Terrazzo, unglazed ceramic tile, recycled glass tile, and/or quarry tile shall be used in all restroom and service areas of Government-
occupied floors.
C. Any alternate flooring must be pre-approved by the LCO.
D. The costs for cyclical carpet replacement requirements as outlined in Section 6 shall be included in the shell rent.
3.32 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals,and
standard procedures. Mains,lines,and meters for utilities shall be provided by the Lessor. Exposed ducts,piping,and conduits are not permitted
in office Space.
LEASE NO.27037DakotaCoMN,PAGE 13 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3.33 BUILDING SYSTEMS(APR 2011)
Whenever requested,the Lessor shall furnish to USDA as part of shell rent,a report by a registered professional engineer(s)showing that the
Building and its systems as designed and constructed will satisfy the requirements of this Lease.
3.34 ELECTRICAL(JUN 2012)
A. The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When codes conflict,the more
stringent standard shall apply. Main service facilities shall be enclosed. The enclosure may not be used for storage or other purposes and shall
have door(s)fitted with an automatic deadlocking latch bolt with a minimum throw of 1/2 inch. Main distribution for standard office occupancy
shall be provided at the Lessor's expense. All floors shall have 120/208 V,3-phase,4-wire with bond,60 hertz electric service available. In no
event shall such power distribution(not including lighting and HVAC)for the Space fall below 4 watts per ABOA SF.
B. Main power distribution switchboards and distribution and lighting panel boards shall be circuit breaker type with copper buses that are
properly rated to provide the calculated fault circuits. All power distribution panel boards shall be supplied with separate equipment ground
buses. All power distribution equipment shall be required to handle the actual specified and projected loads and 10 percent spare load capacity.
Distribution panels are required to accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be
equivalent to the majority of other circuit breakers in the panel system. Fuses and circuit breakers shall be plainly marked or labeled to identify
circuits or equipment supplied through them.
C. Convenience outlets shall be installed in accordance with NFPA Standard 70, National Electrical Code,or local code,whichever is more
stringent. The Lessor shall provide duplex utility outlets in restrooms,corridors,and dispensing areas.
3.35 INTENTIONALLY DELETED
3.36 PLUMBING(JUN 2012)
The Lessor shall include the cost of plumbing in common areas. Hot and cold water risers and domestic waste and vent risers, installed and
ready for connections that are required for Tls,shall be included in the shell rent.
3.37 DRINKING FOUNTAINS(OCT 2016)
On each floor of Government-occupied Space,the Lessor shall provide a minimum of two drinking fountains with chilled potable water within
200 feet of travel from any Government-occupied area on the floor. The fountains shall comply with Section F211 of the Architectural Barriers
Act Accessibility Standard. Potable is defined as water meeting current EPA primary drinking water standards or more stringent, applicable
state or local regulations.Municipal or public water systems are required to meet this same standard. The Lessor shall serve as first responder
to any occupant complaints about drinking water. The Lessor shall promptly investigate any such complaints and implement the necessary
controls to address the complaints and maintain potable water conditions.
3.38 RESTROOMS(OCT 2016)
A. If this Lease is satisfied by new construction or major alterations,Lessor shall provide water closets,sinks and urinals on each floor that is
partially or fully occupied by the government. Separate restroom facilities for women and men shall be provided as per the occupant schedule
required by state or local code or ordinances. If state and local code conflict,the more stringent shall apply. If code does not require separate
facilities for women and men,a minimum of two unisex restrooms shall be provided. The facilities shall be located so that employees will not
be required to travel more than 200 feet on one floor to reach the restrooms. Each restroom shall have hot(set in accordance with applicable
building codes)and cold water. Water closets and urinals shall not be visible when the door is open. Restrooms shall not be located immediately
adjacent to or visible from the open office area.
B. If no new construction or major renovation of a restroom is occurring,compliance with local code is sufficient.Restroom facilities shall be
provided in accordance with local code or ordinances,on each floor occupied by the Government in the Building. The facilities shall be located
so that employees will not be required to travel more than 200 feet on one floor to reach the restrooms. Each restroom shall have sufficient
water closets enclosed with modern stall partitions and doors,urinals(if provided),and hot(set in accordance with applicable building codes)
and cold water. Water closets and urinals shall not be visible when the exterior door is open.
C. Each main restroom shall contain the following:
1. A mirror and shelf above the lavatory.
2. A toilet paper dispenser in each water closet stall that will hold at least two rolls and allow easy,unrestricted dispensing.
3. A coat hook on the inside face of the door to each water closet stall and on several wall locations by the lavatories.
4. At least one modem paper towel dispenser,soap dispenser,and waste receptacle for every two lavatories.
5. A waste receptacle near each water closet stall.
6. INTENTIONALLY DELETED
7. A counter area of at least 2 feet,0 inches in length,exclusive of the lavatories(however,it may be attached to the lavatories)with a
mirror above and a ground-fault interrupter-type convenience outlet located adjacent to the counter area. The counter should be installed
to minimize pooling or spilling of water at the front edge.
8. A floor drain.
LEASE NO.27037DakotaCoMN,PAGE 14 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
9. For new installations and major renovations,restroom partitions shall be made from recovered materials as listed in EPA's CPG.
3.39 PLUMBING FIXTURES:WATER CONSERVATION(OCT 2016)
The specifications listed under sub-paragraphs A through C apply for:
1. New installations of plumbing fixtures,
2. Replacement of existing plumbing fixtures,or
3. Existing non-conforming fixtures where the Government occupies the full floor.
A. Water closets must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized.
B. Urinals must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized. Waterless urinals are acceptable.
C. Faucets must conform to EPA WaterSense or fixtures with equivalent flow rates must be utilized. Information on EPA WaterSense fixtures
can be found at http://www.epa.qov/watersense/.
3.40 JANITOR CLOSETS(SEP 2015)
Janitor closets shall meet all local codes and ordinances. When not addressed by local code,Lessor shall provide containment drains plumbed
for appropriate disposal of liquid wastes in spaces where water and chemical concentrate mixing occurs for maintenance purposes. Disposal
is not permitted in restrooms.
3.41 HEATING,VENTILATION,AND AIR CONDITIONING-SHELL(OCT 2016)
A. Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines,VAV boxes, dampers, flex
ducts,and diffusers,for an open office layout,including all Building common areas. The Lessor shall provide conditioned air through medium
pressure duct work at a rate of.75 cubic feet per minute per ABOA SF and systems shall be designed with sufficient systems capacity to meet
all requirements in this Lease.
B. Areas having excessive heat gain or heat loss,or affected by solar radiation at different times of the day,shall be independently controlled.
C. Equipment Performance. Temperature control for office Spaces shall be provided by concealed central heating and air conditioning
equipment. The equipment shall maintain Space temperature control over a range of internal load fluctuations of plus 0.5 W/SF to minus 1.5
W/SF from initial design requirements of the tenant.
D. Ductwork Re-use and Cleaning. Any ductwork to be reused and/or to remain in place shall be cleaned,tested, and demonstrated to be
clean in accordance with the standards set forth by NADCA. The leaning, testing, and demonstration shall occur immediately prior to
Government occupancy to avoid contamination from construction dust and other airborne particulates.
E. During working hours in periods of heating and cooling,ventilation shall be provided in accordance with the latest edition of the American
National Standards Institute, American Society of Heating, Refrigeration and Air-Conditioning Engineers (ANSI/ASHRAE) Standard 62.1,
Ventilation for Acceptable Indoor Air Quality.
F. Heating and air-conditioning air distribution systems(air handling units,VAV boxes,fan coil units,etc.)for the Space shall be equipped
with particulate matter air filters that meet the Minimum Efficiency Reporting Value (MERV)specified in the current edition of ANSI/ASHRAE
Standard 62.1. Locations that do not meet the EPA National Ambient Air Quality Standards(NAAQS)for particulates(PM 10 or PM 2.5)must
be equipped with additional filtration on outdoor air intakes as required in ANSI/ASHRAE Standard 62.1. NAAQS information can be found at
https://www.epa.gov/qreen-book.
G. Restrooms shall be properly exhausted,with a minimum of 10 air changes per hour.
H. INTENTIONALLY DELETED
3.42 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SEP 2015)
A. Sufficient space shall be provided on the floor(s)where the Government occupies Space for the purposes of terminating telecommunications
service into the Building. The Building's telecommunications closets located on all floors shall be vertically-stacked. Telecommunications switch
rooms,wire closets,and related spaces shall be enclosed. The enclosure shall not be used for storage or other purposes and shall have door(s)
fitted with an automatic door-closer and deadlocking latch bolt with a minimum throw of 1/2 inch. The telephone closets shall include a telephone
backboard.
B. Telecommunications switch rooms,wire closets,and related spaces shall meet applicable Telecommunications Industry Association(TIA)
and Electronic Industries Alliance(EIA)standards. These standards include the following:
1. TIA/EIA-568,Commercial Building Telecommunications Cabling Standard,
2. TIA/EIA 569,Commercial Building Standard for Telecommunications Pathways and Spaces,
3. TIA/EIA-570,Residential and Light Commercial Telecommunications Wiring Standard,and
4. TIA/EIA-607,Commercial Building Grounding and Bonding Requirements for Telecommunications Standard.
LEASE NO.27037DakotaCoMN,PAGE 15 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
C. Telecommunications switch rooms,wire closets,and related spaces shall meet applicable NFPA standards. Bonding and grounding shall
be in accordance with NFPA Standard 70, National Electrical Code,and other applicable NFPA standards and/or local code requirements. If
there are any conflicts between the Agency Specific Requirements(ASR's)and the lease,the ASR's shall take precedence.
3.43 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012)
A. The Government may elect to contract its own telecommunications(voice,data,video,Internet or other emerging technologies)service in
the Space. The Government may contract with one or more parties to have INS wiring(or other transmission medium)and telecommunications
equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its
services to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's
designated telecommunications providers,the Lessor shall provide access from the point of entry into the Building to the Government's floor
Space,subject to any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas(high frequency,
mobile,microwave,satellite,or other emerging technologies),subject to weight and wind load conditions,to roof,parapet,or Building envelope
as required. Access from the antennas to the Premises shall be provided.
D. The Lessor shall allow the Government's designated telecommunications providers to affix antennas and transmission devices throughout
the Space and in appropriate common areas frequented by the Government's employees to allow the use of cellular telephones and
communications devices necessary to conduct business. If there are any conflicts between the Agency Specific Requirements(ASR's)and the
lease,the ASR's shall take precedence.
3.44 LIGHTING: INTERIOR AND PARKING-SHELL(OCT 2016)
NOTE:FOR PRICING ESTIMATING PURPOSES,FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER 80 ABOA
SF.
A. Interior Fixtures:High efficiency T-8,T-5,or LED light fixtures(and associated ballasts or drivers)shall be installed as either ceiling grid or
pendant mounted for an open-office plan.Ceiling grid fixtures shall be either 2'wide by 4'long or 2'wide by 2'long. Lessor shall provide,as
part of Shell Rent,a minimum overall lighting fixture efficiency of 85 percent. Lamps shall maintain a uniform color level throughout the lease
term.
B. Lighting Levels: Fixtures shall have a minimum of two tubes and shall provide 50 foot-candles at desktop level(30"above finished floor)
with a maximum uniformity ratio of 1.5:1. Lessor shall provide,as part of Shell Rent, 10 average foot-candles in all other Building areas within
the Premises with a uniformity ratio of 4:1. Emergency egress lighting levels shall be provided in accordance with the local applicable building
codes(but not less than 1 foot-candle)by either an onsite emergency generator or fixture mounted battery packs.
C. Power Density:
Existing Buildings:The maximum fixture power density shall not exceed 1.4 watts per ABOA SF.
New Construction:The maximum fixture power density shall not exceed 1.1 watts per ABOA SF.
D. Daylightinq Controls: If the Lease is more than 10,000 ABOA SF,the Lessor shall provide daylight dimming controls in atriums or within
15 feet of windows and skylights where daylight can contribute to energy savings. Daylight harvesting sensing and controls shall be either
integral to the fixtures or ceiling mounted and shall maintain required lighting levels in work spaces.
E. Occupancy/Vacancy Sensors:The Lessor shall provide ceiling mount occupancy sensors,or vacancy sensors(preferred),or scheduling
controls through the building automation system(BAS)throughout the Space in order to reduce the hours that the lights are on when a particular
space is unoccupied. No more than 1,000 square feet shall be controlled by any one sensor. Occupancy sensors in enclosed rooms shall
continue to operate after the BAS has shutdown the building at the end of the workday.
F. Building Perimeter:
1. Exterior parking areas, vehicle driveways, pedestrian walks, and the Building perimeter lighting levels shall be designed per
Illuminating Engineering Society(IES)standards. Provide 5 foot-candles for doorway areas,3 foot-candles for transition areas and at least
1 foot-candle at the surface throughout the parking lot. Parking lot fixtures shall provide a maximum to minimum uniformity ratio of 15:1
and a maximum to average uniformity ratio of 4:1.
2. If the leased space is 100 percent occupied by Government tenants,all exterior parking lot fixtures shall be"Dark Sky"compliant with
no property line trespass.
G. Parking Structures:The minimum illuminance level for parking structures is 5 foot-candles as measured on the floor with a uniformity ratio
of 10:1.
H. Parking Sensors:If the leased space is 100 percent occupied by Government tenants,exterior parking area and parking structure lighting
shall be programmed to produce reduced lighting levels during non-use. This non-use time period will normally be from 11:00 pm to 6:00 am.
I. Exterior Power Backup:Exterior egress,walkway,parking lot,and parking structure lighting must have emergency power backup to provide
for safe evacuation of the Building.
LEASE NO.27037DakotaCoMN,PAGE 16 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
3.45 ACOUSTICAL REQUIREMENTS(JUN 2012)
A. Reverberation Control. Private office and conference rooms using suspended acoustical ceilings shall have a noise reduction coefficient
(NRC)of not less than 0.65 in accordance with ASTM C-423. Open office using suspended acoustical ceilings shall have an NRC of not less
than 0.75. Private offices,conference rooms,and open offices using acoustical cloud or acoustical wall panels with a minimum of 70%coverage
shall have an NRC of not less than 0.85.
B. Ambient Noise Control. Ambient noise from mechanical equipment shall not exceed noise criteria curve(NC)35 in accordance with the
ASHRAE Handbook of Fundamentals in offices and conference rooms; NC 40 in corridors,cafeterias,lobbies,and restrooms; NC 50 in other
spaces.
C. Noise Isolation. Rooms separated from adjacent spaces by ceiling high partitions(not including doors)shall not be less than the following
noise isolation class(NIC)standards when tested in accordance with ASTM E-336:
Conference rooms: NIC 40
Offices: NIC 35
D. Testing. The LCO may require,at Lessor's expense,test reports by a qualified acoustical consultant showing that acoustical requirements
have been met.
3.46 INTENTIONALLY DELETED
3.47 INTENTIONALLY DELETED
3.48 INTENTIONALLY DELETED
3.49 INTENTIONALLY DELETED
3.50 INTENTIONALLY DELETED
3.51 INDOOR AIR QUALITY DURING CONSTRUCTION(OCT 2016)
A. The Lessor shall provide to the Government safety data sheets(SDS)or other appropriate documents upon request,but prior to installation
or use for the following products, including but not limited to, adhesives, caulking, sealants, insulating materials,fireproofing or fire stopping
materials,paints,carpets,floor and wall patching or leveling materials,lubricants,clear finishes for wood surfaces,janitorial cleaning products,
and pest control products.
B. The LCO may eliminate from consideration products with significant quantities of toxic,flammable,corrosive,or carcinogenic material and
products with potential for harmful chemical emissions. Materials used often or in large quantities will receive the greatest amount of review.
C. All SDS shall comply with Occupational Safety and Health Administration (OSHA)requirements for the Globally Harmonized System of
Classification and Labeling of Chemicals(GHS). The Lessor and its agents shall comply with all recommended measures in the SDS to protect
the health and safety of personnel.
D. To the greatest extent possible,the Lessor shall sequence the installation of finish materials so that materials that are high emitters of
volatile organic compounds(VOCs)are installed and allowed to cure before installing interior finish materials,especially soft materials that are
woven,fibrous,or porous in nature,that may adsorb contaminants and release them over time.
E. Where demolition or construction work occurs adjacent to occupied Space,the Lessor shall erect appropriate barriers(noise,dust,odor,
etc.)and take necessary steps to minimize interference with the occupants. This includes maintaining acceptable temperature, humidity,and
ventilation in the occupied areas during window removal,window replacement,or similar types of work.
F. HVAC during Construction: If air handlers are used during construction,the Lessor shall provide filtration media with a MERV of 8 at each
return air grill,as determined by the latest edition of ASHRAE Standard 52.2, Method of Testing General Ventilation Air Cleaning Devices for
Removal Efficiency by Particle Size. The permanent HVAC system may be used to move both supply and return air during the construction
process only if the following conditions are met:
1. A complete air filtration system with 60 percent efficiency filters is installed and properly maintained;
2. No permanent diffusers are used;
3. No plenum type return air system is employed;
4. The HVAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants;and
5. Following the Building"flush out,"all duct systems are vacuumed with portable high-efficiency particulate arrestance(NEPA)vacuums
and documented clean in accordance with National Air Duct Cleaners Association(NADCA)specifications.
G. Flush-Out Procedure:
1. HVAC flush-out shall commence after construction ends and the Building has been completely cleaned.All interior finishes,such as
millwork,doors,paint,carpet,acoustic tiles,and movable furnishings(e.g.,workstations,partitions),must be installed,and major VOC
punch list items must be finished.
LEASE NO.27037DakotaCoMN,PAGE 17 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
2. Prior to occupancy,Lessor shall install new filtration media and perform a building flush-out by supplying a total air volume of 14,000
cubic feet of outdoor air per square foot of gross floor area while maintaining an internal temperature of at least 60°F(15°C)and no higher
than 80°F(27°C)and relative humidity no higher than 60%.
3. If the LCO determines that occupancy is required before flush-out can be completed,the Space may be occupied only after delivery
of a minimum of 3,500 cubic feet of outdoor air per square foot of gross floor area while maintaining an internal temperature of at least 60°F
(15°C)and no higher than 80°F(27°C)and relative humidity no higher than 60%.Once the Space is occupied, it must be ventilated at a
minimum rate of 0.30 cubic foot per minute(cfm)per square foot of outdoor air or greater.During each day of the flush-out period,ventilation
must begin at least three hours before occupancy and continue during occupancy.These conditions must be maintained until a total of
14,000 cubic feet per square foot of outdoor air(4 270 liters of outdoor air per square meter)has been delivered to the space.
3.52 SYSTEMS COMMISSIONING(APR 2011)
The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
Government's project requirements. The commissioning shall cover only work associated with Tls or alterations or at a minimum: heating,
ventilating,air conditioning and refrigeration(HVAC&R)systems and associated controls,lighting controls,and domestic hot water systems.
3.53 INTENTIONALLY DELETED
3.54 INTENTIONALLY DELETED
3.55 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 18 LESSOR: GOVERNMENT: GSA FORM L100(10116)
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE(OCT 2016)
Design and construction activities for the Space shall commence upon Lease award. The Lessor shall schedule the following activities to
achieve timely completion of the work required by this Lease:
A. Lessor-Provided Design Intent Drawings(DIDs): The Lessor must submit to USDA,as part of the shell cost,complete DIDs conforming to
the requirements of this Lease and other Government-supplied information related to the tenant agency's interior build-out requirements not
later than ten (10)Working Days following the Lease Award Date, provided that the Government supplies such information and direction as
reasonably required for Lessor to timely complete DIDs. The Government may attend meetings at the Lessor's request for the purpose of
providing information and direction in the development of DIDs. The Lessor should anticipate at least two submissions of DIDs before receiving
approval. At the sole discretion of the Government,the Lessor may be required to submit a budget proposal based on the Tls and associated
work as shown on the DIDs. This budget proposal shall be completed,as part of the shell cost,within ten(10)Working Days of the Government's
request.
B. DIDs. For the purposes of this Lease, DIDs are defined as fully dimensioned drawings of the leased Space that reflect all Lease
requirements provided by the Government sufficient for the preparation of construction documents(CDs),including,but not limited to:
1. Generic furniture layout,wall,door,and built-in millwork locations;
2. Telephone,electrical,and data outlet types and locations;
3. Information necessary for calculation of electrical and HVAC loads;
4. Work related to security requirements;and
5. All finish selections.
C. Government review and approval of Lessor-provided DIDs: The Government must notify the Lessor of DID approval not later than
ten(10)Working Days following submission of DIDs conforming to the requirements of this Lease as supplied by the Government. Should the
DIDs not conform to these requirements,the Government must notify the Lessor of such non-conformances within the same period;however,
the Lessor shall be responsible for any delay to approval of DIDs occasioned by such non-conformance. The Government's review and approval
of the DIDs is limited to conformance to the specific requirements of the Lease as they apply to the Space.
D. The Lessor's preparation and submission of construction documents(CDs): The Lessor as part of the TI must complete CDs conforming
to the approved DIDs not later than ten(10)Working Days following the approval of DIDs. If during the preparation of CDs the Lessor becomes
aware that any material requirement indicated in the approved DIDs cannot be reasonably achieved,the Lessor shall promptly notify USDA,
and shall not proceed with completion of CDs until direction is received from the LCO. The LCO shall provide direction within ten(10)Working
Days of such notice,but the Government shall not be responsible for delays to completion of CDs occasioned by such circumstances. For the
purpose of this paragraph,a"material requirement"shall mean any requirement necessary for the Government's intended use of the Space as
provided for in,or reasonably inferable from,the Lease and the approved DIDs(e.g.,number of workstations and required adjacencies).
E. Government review of CDs: The Government shall have ten(10)Working Days to review CDs prior to issuing a Notice to Proceed(NTP).
At any time during this period of review,the Government shall have the right to require the Lessor to modify the CDs to enforce conformance to
Lease requirements and the approved DIDs.
F. INTENTIONALLY DELETED
G. INTENTIONALLY DELETED
H. INTENTIONALLY DELETED
I. Construction of Tls and completion of other required construction work: The Lessor shall complete all work required to prepare the Premises
as required in this Lease ready for use not later than 180 calendar days following issuance of NTP.
4.02 CONSTRUCTION DOCUMENTS(SEP 2012)
The Lessor's CDs shall include all mechanical, electrical, plumbing, fire protection, life safety, lighting, structural, security, and architectural
improvements scheduled for inclusion into the Space. CDs shall be annotated with all applicable specifications. CDs shall also clearly
identify Tls already in place and the work to be done by the Lessor or others. Notwithstanding the Government's review of the CDs,the Lessor
is solely responsible and liable for their technical accuracy and compliance with all applicable Lease requirements.
4.03 INTENTIONALLY DELETED
4.04 INTENTIONALLY DELETED
4.05 GREEN LEASE SUBMITTALS(OCT 2016)
Upon request,the Lessor shall submit to the LCO:
LEASE NO.27037DakotaCoMN,PAGE 19 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
A. Product data sheets for floor coverings,paints and wall coverings,ceiling materials,all adhesives,wood products,suite and interior doors,
subdividing partitions, wall base, door hardware finishes, window coverings, millwork substrate and millwork finishes, lighting and lighting
controls,and insulation to be used within the leased Space. This information must be submitted NO LATER THAN the submission of the DIDs,
if applicable.
B. SDS or other appropriate documents upon request for products listed in the Lease.
C. Re-use plan required in accordance with the"Existing Fit-out,Salvaged,or Re-used Building Material"paragraph in the Lease.
D. Any waiver needed when not using materials from the CPG and RMAN lists of acceptable products in accordance with the"Environmentally
Preferable Product Requirements"paragraph in the Lease.
E. Radon test results as may be required by the"Radon in Air"and"Radon in Water'paragraphs in the Lease.
F. Construction waste management plan: Prior to construction commencement, a proposed plan following industry standards to recycle
construction waste. The construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled
and/or salvaged (at least 50 percent) from construction, demolition, and packaging debris. Where the small quantity of material, the
extraordinarily complex nature of the waste disposal method, or prohibitive expense 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.
G. Building recycling service plan: A Building recycling service plan with floor plans annotating recycling area(s)as part of DIDs,if applicable,
to be reflected on the CD submission.
H. A signed statement from the Lessor for the leased Space explaining how all HVAC systems serving the leased Space will achieve the
desired ventilation of the Space during the flush-out period called for in the Lease.
I. A written commissioning plan submitted to the LCO prior to the completion of DIDs,if applicable,that includes:
1. A schedule of systems commissioning(revised as needed during all construction phases of the project,with such revisions provided
to the LCO immediately);and
2. A description of how commissioning requirements will be met and confirmed.
J. INTENTIONALLY DELETED.
K. INTENTIONALLY DELETED
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING(APR 2011)
The Lessor shall furnish a detailed construction schedule(such as Critical Path Method)to the Government within 5 Working Days of issuance
of the NTP. Such schedule shall also indicate the dates available for Government contractors to install telephone/data lines or equipment, if
needed. Within 5 Working Days of NTP, the Lessor shall initiate a construction meeting. The Lessor will have contractor representatives
including its architects,engineers,general contractor and sub-contractor representatives in attendance. The Lessor shall keep meeting minutes
of discussion topics and attendance.
4.07 PROGRESS REPORTS(JUN 2012)
After start of construction,the Lessor shall submit to the LCO written progress reports at intervals of 10 Working Days. Each report shall include
information as to the percentage of the work completed by phase and trade; a statement as to expected completion and occupancy dates;
changes introduced into the work; and general remarks on such items as material shortages, strikes, weather, etc, that may affect timely
completion. In addition, at the Government's discretion, the Lessor shall conduct meetings every two weeks to brief Government personnel
and/or contractors regarding the progress of design and construction of the Space. The Lessor shall be responsible for taking and distributing
minutes of these meetings.
4.08 CONSTRUCTION INSPECTIONS(SEP 2015)
A. The LCO or the LCO's designated technical representative may periodically inspect construction work to review compliance with Lease
requirements and approved DIDs,if applicable.
B. Periodic reviews,witnessing of tests,and inspections by the Government shall not constitute approval of the Lessors apparent progress
toward meeting the Government's objectives but are intended to discover any information which the LCO may be able to call to the Lessors
attention to prevent costly misdirection of effort. The Lessor shall remain responsible for designing,constructing,operating,and maintaining the
Building in full accordance with the requirements of the Lease.
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE(SEP 2013)
The Government shall have the right to access any space within the Building during construction for the purposes of performing inspections or
installing Government furnished equipment. The Government shall coordinate the activity of Government contractors with the Lessor to minimize
conflicts with and disruption to other contractors on site. Access shall not be unreasonably denied to authorized Government officials including,
but not limited to,Government contractors,subcontractors,or consultants acting on behalf of the Government on this project.
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SEP 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 Tls conforming to
LEASE NO.27037DakotaCoMN,PAGE 20 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
this Lease and the approved DIDs, if applicable, is substantially complete, a Certificate of Occupancy(C of 0)has been issued as set forth
below,and the Building improvements necessary for acceptance as described in the paragraph"Building Improvements"are completed.
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 interfere unreasonably with the Government's enjoyment of the Space. Acceptance shall be final and binding upon the Government
with respect to conformance of the completed Tls to the approved DIDs,with the exception of items identified on a punch list 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 C of 0, 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 0 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.
D. The Government will not be required to accept space prior to the schedule outlined in this Lease.
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION(JUN 2012)
At acceptance,the Space shall be measured in accordance with the standards set forth in this Lease to determine the total ABOA SF in the
Space. The rent for the Space will be adjusted based upon the measured ABOA square footage as outlined under the Payment clause of the
General Clauses. At acceptance,the Lease term shall commence. The Lease Term Commencement Date,final measurement of the Premises,
reconciliation of the annual rent,and amount of Commission Credit,if any,shall be memorialized by Lease Amendment.
4.12 AS-BUILT DRAWINGS(JUN 2012)
Not later than 60 days after the acceptance of the Space,the Lessor,at Lessor's expense,shall furnish to the Government a complete set of
Computer Aided Design(CAD)files of as-built floor plans showing the Space under Lease,as well as corridors,stairways,and core areas. The
plans shall have been generated by a CAD program which is compatible with the latest release of AutoCAD. The required file extension is
".DWG." Clean and purged files shall be submitted on CD-ROM. They shall be labeled with Building name,address,list of drawing(s),date of
the drawing(s), and Lessor's architect and architect's phone number. The Lessor's operator shall demonstrate the submission on USDA
equipment,if requested by the LCO.
4.13 LIQUIDATED DAMAGES(JUN 2012)
In case of failure on the part of the Lessor to complete the work within the time fixed in the Lease,the Lessor shall pay the Government as fixed
and agreed liquidated damages of one days'rent for each and every calendar day that the delivery is delayed beyond the date specified for
delivery of all the Space ready for occupancy by the Government. This remedy is not exclusive and is in addition to any other remedies which
may be available under this Lease or at law. This liquidated sum is not meant as a penalty, but as an approximation of actual damages that
would be suffered by the Government because of the Lessor's delay.
4.14 INTENTIONALLY DELETED
4.15 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 21 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(OCT 2016)
The Tls shall be designed, constructed, and maintained in accordance with the standards set forth in this Lease. For pricing, only those
requirements designated within this Section 5,or designated as Tls within the attached agency requirements and Security Requirements,shall
be deemed to be TI costs.
5.02 INTENTIONALLY DELETED
5.03 FINISH SELECTIONS(SEP 2015)
The Lessor must consult with the Government prior to developing a minimum of three(3)finish options to include coordinated samples of finishes
for all interior elements such as paint,wall coverings, base coving,carpet,window treatments,laminates, and flooring. All samples provided
must comply with specifications set forth elsewhere in this Lease. All required finish option samples must be provided at no additional cost to
the Government within 10 Working Days after initial submission of DIDs, if applicable. USDA must deliver necessary finish selections to the
Lessor within 10 Working Days after receipt of samples. The finish options must be approved by USDA prior to installation. The Lessor may
not make any substitutions after the finish option is selected.
5.04 WINDOW COVERINGS(JUN 2012)
A. Window Blinds. All exterior and interior windows shall be equipped with commercial grade window blinds in new or like new condition,
which shall be provided as part of the Tls. The blinds may be aluminum or plastic vertical blinds,horizontal blinds with aluminum slats of one-
inch width or less, solar fabric roller shades, or an equivalent product pre-approved by the Government. The window blinds shall have non-
corroding mechanisms and synthetic tapes. Color selection will be made by the Government.
B. INTENTIONALLY DELETED
5.05 DOORS: SUITE ENTRY(SEP 2013)
Suite entry doors shall be provided as part of the Tls and shall have a minimum clear opening of 32"wide x 84"high(per leaf). Doors shall meet
the requirements of being a flush,solid core,1-3/4-inch thick,wood door with a natural wood veneer face or an equivalent pre-approved by the
Government. Doors shall have a window. Hollow core wood doors are not acceptable. They shall be operable by a single effort; and shall
meet the requirement of NFPA 101,Life Safety Code or the International Building Code(current as of the Lease Award Date). Doors shall be
installed in a metal frame assembly which is primed and finished with a low VOC semi-gloss oil-based paint finish with no formaldehyde.
5.06 DOORS: INTERIOR(SEP 2013)
Doors within the Space shall be provided as part of the Tls and shall have a minimum clear opening of 32"wide x 80"high. Doors shall be flush,
solid core,wood with a natural wood veneer face or an equivalent door pre-approved by the LCO. Hollow core wood doors are not acceptable.
They shall be operable with a single effort,and shall meet the requirements of NFPA 101, Life Safety Code or the International Building Code
(current as of the Lease Award Date). Doors shall be installed in a metal frame assembly which is primed and finished with a low VOC semi-
gloss oil-based paint with no formaldehyde.
5.07 DOORS: HARDWARE(SEP 2013)
Doors shall have commercial grade door handles or door pulls with heavyweight hinges. The Lessor is encouraged to avoid the use of chrome-
plated hardware. All doors shall have corresponding doorstops(wall-or floor-mounted)and silencers. All door entrances leading into the Space
from public corridors and exterior doors shall have automatic door closers. Doors designated by the Government shall be equipped with 5-pin,
tumbler cylinder locks and strike plates. All locks shall be master keyed. Furnish at least two master keys for each lock to the Government.
Any exterior entrance shall have a high security lock,with appropriate key control procedures, as determined by Government specifications.
Hinge pins and hasps shall be secured against unauthorized removal by using spot welds or pinned mounting bolts. The exterior side of the
door shall have a lock guard or astragal to prevent tampering of the latch hardware. Doors used for egress only shall not have any operable
exterior hardware. All security-locking arrangements on doors used for egress shall comply with requirements of NFPA 101or the International
Building Code current as of the Lease Award Date.
5.08 DOORS: IDENTIFICATION(JUN 2012)
Door identification shall be installed in approved locations adjacent to office entrances as part of the Tls. The form of door identification shall
be approved by the Government.
5.09 PARTITIONS: SUBDIVIDING(SEP 2015)
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances and shall be provided as
part of the Tls. Partitioning shall extend from the finished floor to the finished ceiling and shall be designed to provide a minimum sound
transmission class(STC)of 37. Partitioning shall be installed by the Lessor at locations to be determined by the Government as identified in
the DIDs,if applicable. They shall have a flame spread rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84).
B. HVAC shall be rebalanced and lighting repositioned,as appropriate,after installation of partitions.
LEASE NO.27037DakotaCoMN,PAGE 22 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
C. If installed in accordance with the "Automatic Fire Sprinkler System" and "Fire Alarm System" paragraphs, sprinklers and fire alarm
notification appliances shall be repositioned as appropriate after installation of partitions to maintain the level of fire protection and life safety.
D. Partitioning requirements may be satisfied with existing partitions if they meet the Government's standards and layout requirements.
E. Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs.
5.10 WALL FINISHES(JUN 2012)
If the Government chooses to install a wall covering,the minimum standard is vinyl-free,chlorine-free,plasticizer-free wall covering with recycled
content or bio-based commercial wall covering weighing not less than 13 ounces per square yard or equivalent. If the Government chooses to
install a high-performance paint coating,it shall comply with the VOC limits of the Green Seal Standard GS-11.
5.11 PAINTING—TI(SEP 2013)
A. Prior to acceptance,all surfaces within the Space which are designated by USDA for painting shall be newly finished in colors acceptable
to the Government.
B. The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for VOC off gassing:
1. Topcoat paints:Green Seal Standard GS-11,Paints,First Edition,May 20,1993.
2. All other architectural coatings, primers, and undercoats: South Coast Air Quality Management District (SCAQMD) Rule 1113,
Architectural Coatings,effective January 1,2004.
3. Architectural paints,coatings,and primers applied to interior walls and ceilings:
a. Flats:50 grams per liter(g/L).
b. Non-flats:150 g/L.
4. Anti-corrosive and anti-rust paints applied to interior ferrous metal substrates:250 g/L.
5. Clear wood finishes:
a. Varnish:350 g/L.
b. Lacquer:550 g/L.
6. Floor coatings: 100 g/L.
7. Sealers:
a. Waterproofing sealers:250 g/L.
b. Sanding sealers:275 g/L.
c. All other sealers:200 g/L.
8. Shellacs:
a. Clear:730 g/L.
b. Pigmented:550 g/L.
9. Stains:250 g/L.
C. Use reprocessed latex paint in accordance with EPA's CPG (Comprehensive Procurement Guidelines) on all painted surfaces where
feasible. The type of paint shall be acceptable to the Government.
5.12 FLOOR COVERINGS AND PERIMETERS(APR 2015)
A. Carpet tiles shall meet the requirements set forth in the specifications below. Floor perimeters at partitions shall have wood,rubber,vinyl,
or carpet base. Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly.
B. The use of existing carpet may be approved by the Government;however,existing carpet shall be repaired,stretched,and cleaned before
occupancy and shall meet the static buildup requirement as stated in the specifications below.
C. Any alternate flooring shall be pre-approved by the Government.
D. Specifications for Carpet to be Newly Installed or Replaced:
1. Product sustainability and environmental requirements. In order to achieve superior performance in multiple environmental attribute
areas, carpet must have third party certification in accordance with ANSI/NSF 140 2007e Sustainable Carpet Assessment Standard at a
"Gold"level minimum. Carpet manufacturer must supply certificate as part of the procurement documentation.
LEASE NO.27037DakotaCoMN,PAGE 23 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
2. Recycled content:Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials. Recycled
content must be at least 10%post-consumer recovered content.
3. Low emitting materials. The carpet and floor adhesive(for glue-down installations)must meet the Green Label Plus(GLP)and floor
adhesive(for direct glue down)requirements of the Carpet and Rug Institute(CRI). GLP number must be provided. Adhesives must meet
VOC content standards per South Coast Air Quality Management District Rule#1168.
4. Face fiber content. Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent Bulk Continuous Filament(BCF);cut
and loop shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut portion;cut pile carpet shall be staple or BCF.
5. Performance requirements for broadloom and modular tile:
a. Static:Less than or equal to 3.5 kV when tested by AATCC Test Method 134(Step Test Option).
b. Flammability:Meets CPSC-FF-1-70,DOC-FF-1-70 Methenamine Tablet Test criteria.
c. Flooring Radiant Panel Test: Meets NFPA 253 Class I or II depending upon occupancy and fire code when tested under ASTM
E-648 for glue down installation.
d. Smoke Density: NBS Smoke Chamber-Less than 450 Flaming Mode when tested under ASTM E-662.
NOTE: Testing must be performed in a NVLAP accredited laboratory.
6. Texture Appearance Retention Rating(TARRI. Carpet must meet TARR ratings specified below:
Space Definition Traffic TARR
Classification Classification
Private Offices Moderate Z 3.0 TARR
Training,conference,courtrooms,etc. Heavy Z 3.0 TARR
Open Office,cafeteria,corridors,lobbies Severe z 3.5 TARR
The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR
classification determined using ASTM D-7330.
7. Carpet reclamation. Reclamation of existing carpet to be determined with potential vendor. When carpet is replaced, submit
certification documentation from the reclamation facility to the LCO.
8. Warranty. Submit a copy of the manufacturer's standard warranty to the LCO within the first 60 days of Government occupancy. The
Government is to be a beneficiary of the terms of this warranty.
5.13 HEATING AND AIR CONDITIONING(JUN 2012)
Zone Control. Provide individual thermostat control for office Space with control areas not to exceed 1,500 ABOA SF. Interior spaces must be
separately zoned. Specialty occupancies (conference rooms, kitchens, etc.) must have active controls capable of sensing Space use and
modulating HVAC system in response to Space demand. Areas that routinely have extended hours of operation shall be environmentally
controlled through dedicated heating and air conditioning equipment. Special purpose areas (such as photocopy centers, large conference
rooms,computer rooms,etc.)with an internal cooling load in excess of 5 tons shall be independently controlled. Provide concealed package
air conditioning equipment to meet localized spot cooling of tenant special equipment. Portable space heaters are prohibited.
5.14 ELECTRICAL: DISTRIBUTION(SEP 2015)
A. All electrical,telephone,and data outlets within the Space shall be installed by the Lessor in accordance with the DIDs,if applicable. All
electrical outlets shall be installed in accordance with NFPA Standard 70.
B. All outlets within the Space shall be marked and coded for ease of wire tracing;outlets shall be circuited separately from lighting. All floor
outlets shall be flush with the plane of the finished floor. Outlet cover colors shall be coordinated with partition finish selections.
C. The Lessor shall in all cases safely conceal outlets and associated wiring(for electricity,voice,and data)to the workstation(s)in partitions,
ceiling plenums,in recessed floor ducts,under raised flooring,or by use of a method acceptable to the Government.
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(JUN 2012)
Telecommunications floor or wall outlets shall be provided as part of the Tls. At a minimum,each outlet shall house one 4-pair wire jack for
voice and one 4-pair wire jack for data. The Lessor shall ensure that all outlets and associated wiring, copper, coaxial cable,optical fiber, or
other transmission medium used to transmit telecommunications (voice, data,video, Internet, or other emerging technologies)service to the
workstation shall be safely concealed under raised floors,in floor ducts,walls,columns,or molding. All outlets/junction boxes shall be provided
with rings and pull strings to facilitate the installation of cable. Some transmission medium may require special conduit,inner duct,or shielding
as specified by the Government. If there are any conflicts between the Agency Specific Requirements(ASR's)and the lease,the ASR's shall
take precedence.
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(AUG 2008)
Provide sealed conduit to house the agency telecommunications system when required.
LEASE NO.27037DakotaCoMN,PAGE 24 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
5.17 DATA DISTRIBUTION(JUN 2012)
The Lessor shall be responsible for the cost of purchasing and installing data cable. The Lessor shall safely conceal data outlets and the
associated wiring used to transmit data to workstations in floor ducts,walls,columns,or below access flooring. The Lessor shall provide as part
of the TI,outlets with rings and pull strings to facilitate the installation of the data cable. When cable consists of multiple runs,the Lessor shall
provide ladder type or other acceptable cable trays to prevent Lessor-provided cable coming into contact with suspended ceilings or sprinkler
piping. Cable trays shall form a loop around the perimeter of the Space such that they are within a 30-foot horizontal distance of any single
drop. If there are any conflicts between the Agency Specific Requirements(ASR's)and the lease,the ASR's shall take precedence.
5.18 ELECTRICAL,TELEPHONE,DATA FOR SYSTEMS FURNITURE(JUN 2012)
A. The Lessor shall provide as part of the Tls separate data, telephone, and electric junction boxes for the base feed connections to
Government provided modular or systems furniture,when such feeds are supplied via wall outlets or floor penetrations. When overhead feeds
are used,junction boxes shall be installed for electrical connections. Raceways shall be provided throughout the furniture panels to distribute
the electrical,telephone,and data cable. The Lessor shall provide all electrical service wiring and connections to the furniture at designated
junction points. Each electrical junction shall contain an 8-wire feed consisting of 3 general purpose 120-V circuits with 1 neutral and 1 ground
wire, and a 120-V isolated ground circuit with 1 neutral and 1 isolated ground wire. A 20-ampere circuit shall have no more than 8 general
purpose receptacles or 4 isolated ground"computer"receptacles.
B. The Lessor shall be responsible for the cost of purchasing data and telecommunications cable. Said cable shall be installed and connected
to systems furniture by the Lessor/contractor with the assistance and/or advice of the Government or computer vendor. The Lessor shall provide
wall mounted data and telephone junction boxes, which shall include rings and pull strings to facilitate the installation of the data and
telecommunications cable. When cable consists of multiple runs,the Lessor shall provide ladder-type or other acceptable cable trays to prevent
cable coming into contact with suspended ceilings or sprinkler piping. Cable trays shall form a loop around the perimeter of the Space such that
they are within a 30-foot horizontal distance of any single drop. Said cable trays shall provide access to both telecommunications data closets
and telephone closets.
C. The Lessor shall furnish and install suitably sized junction boxes near the"feeding points"of the furniture panels. All`feeding points"shall
be shown on Government approved design intent drawings. The Lessor shall temporarily cap off the wiring in the junction boxes until the
furniture is installed. The Lessor shall make all connections in the power panel and shall keep the circuit breakers off. The Lessor shall identify
each circuit with the breaker number and shall identify the computer hardware to be connected to it. The Lessor shall identify each breaker at
the panel and identify the devices that it serves.
D. The Lessor's electrical contractor must connect power poles or base feeds in the junction boxes to the furniture electrical system and test
all pre-wired receptacles in the systems furniture. Work shall be coordinated and performed in conjunction with the furniture,telephone, and
data cable installers. Much of this work may occur over a weekend on a schedule that requires flexibility and on-call visits. The Lessor must
coordinate the application of Certification of Occupancy with furniture installation.
5.19 LIGHTING: INTERIOR AND PARKING—TI(SEP 2015)
A. Fixtures:Once the design intent drawings are approved,the Lessor shall design and provide interior lighting to comply with requirements
under the paragraph,"Lighting: Interior and Parking—Shell." Any additional lighting fixtures and/or components required beyond what would
have been provided for an open office plan(shell)are part of the Tls.
B. Pendant Style Fixtures:If pendant style lighting fixtures are used,the increase between the number of fixtures required in the Building shell
and the Space layout is part of the Tls.
C. Mixed Fixtures:DIDs,if applicable,may require a mixed use of recessed or pendant style fixtures in the Space.
D. Building Perimeter:There may be additional requirements for lighting in exterior parking areas,vehicle driveways, pedestrian walkways,
and Building perimeter in the Security Requirements attached to this Lease.
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM-TI(OCT 2016)
Where sprinklers are required in the Space,sprinkler mains and distribution piping in a"protection"layout(open plan)with heads turned down
with an escutcheon or trim plate shall be provided as part of Shell rent.Any additional sprinkler fixtures and/or components required in the Space
beyond what would have been provided for an open office plan(shell)are part of the Tls.
LEASE NO.27037DakotaCoMN,PAGE 25 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
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 are established as 6:00 AM to 6:00 PM, Monday through Friday,with the exception of
Federal holidays.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 after normal hours.
B. The Lessor and the Lessor's representatives,employees and contractors shall demonstrate a cooperative,positive,welcoming,respectful,
professional and business-like demeanor and shall present a neat,clean,job-appropriate(professional)appearance.
6.02 UTILITIES(APR 2011)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.
6.03 INTENTIONALLY DELETED
6.04 UTILITY CONSUMPTION REPORTING(OCT 2016)
Upon request by the Government,the Lessor shall provide reports for the amount of utilities(including water)consumed at the Building broken
down by utility type per month for the duration of the Lease.
(Refer to the following link for reporting guidance:www.gsa.gov/ucr)
6.05 HEATING AND AIR CONDITIONING(OCT 2016)
A. In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to
maximize tenant satisfaction. These temperatures shall be maintained throughout the leased Premises and service areas,regardless of outside
temperatures,during the hours of operation specified in the Lease.The Lessor shall perform any necessary systems start-up required to meet
the commercially equivalent temperature levels prior to the first hour of each day's operation. At all times, humidity shall be maintained below
60%relative humidity.
B. During non-working hours, heating temperatures shall be set no higher than 55° Fahrenheit, and air conditioning shall not be provided
except as necessary to return Space temperatures to a suitable level for the beginning of working hours. Thermostats shall be programmable
and secured from manual operation by key or locked cage. A key shall be provided to the Government's designated representative.
C. Thermal comfort. During all working hours,comply with the latest edition of ASHRAE Standard 55,Thermal Comfort Conditions for Human
Occupancy.
D. Warehouse or garage areas require heating and ventilation only. Cooling of this Space is not required. Temperature of warehouse or
garage areas shall be maintained at a minimum of 50°Fahrenheit.
E. The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and shall make a
reasonable attempt to schedule major construction outside of office hours.
F. Normal HVAC systems'maintenance shall not disrupt tenant operations.
G. 75-100 ABOA SF of the Premises shall receive cooling at all times(24 hrs a day,365 days a year)for purposes of cooling the designated
server room. The peak BTU output of this room is established as 8,000 BTU per hour. The temperature and humidity of this room shall be
maintained according to Lease Exhibit E, USDA/OCIO/ITS Requirements. Notwithstanding the foregoing,Lessor shall provide this service at no
additional cost to the Government if the Lessor provides this service to other tenants in the Building at no additional charge.
6.06 OVERTIME HVAC USAGE(JUN 2012)
If there is to be a charge for heating or cooling outside of the Building's normal hours,such services shall be provided at the hourly rates set
forth elsewhere in the Lease. Overtime usage services may be ordered by the Government's authorized representative only.
A. When the cost of service is$3,000 or less,the service may be ordered orally. An invoice shall be submitted to the official placing the
order for certification and payment. Orders for services costing more than$3,000 shall be placed using GSA Form 300,Order for Supplies or
Services,or other approved service requisition procurement document. An invoice conforming to the requirements of this Lease shall be
submitted to the official placing the order for certification and payment.
B. Failure to submit a proper invoice within 120 days of providing overtime utilities shall constitute a waiver of the Lessor's right to receive any
payment for such overtime utilities pursuant to this Lease.
6.07 JANITORIAL SERVICES(JUN 2012)
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access 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.
LEASE NO.27037DakotaCoMN,PAGE 26 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
A. Daily. Empty trash receptacles. Sweep entrances,lobbies,and corridors. Spot sweep floors,and spot vacuum carpets. Clean drinking
fountains. Sweep and damp mop or scrub restrooms. Clean all restroom fixtures,and replenish restroom supplies. Dispose of all trash and
garbage generated in or about the Building. Wash inside and out or steam clean cans used for collection of food remnants from snack bars and
vending machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors,
entrances, and lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways. Sweep
loading dock areas and platforms. Clean glass entry doors to the Space.
B. Three times a week. Sweep or vacuum stairs.
C. Weekly. Damp mop and spray buff all resilient floors in restrooms and health units. Sweep sidewalks, parking areas, and driveways
(weather permitting).
D. Every two weeks. Spray buff resilient floors in secondary corridors,entrance, and lobbies. Damp mop and spray buff hard and resilient
floors in office Space.
E. Monthly. Thoroughly dust furniture. Completely sweep and/or vacuum carpets. Sweep storage Space. Spot clean all wall surfaces within
70 inches of the floor.
F. Every two months. Damp wipe restroom wastepaper receptacles,stall partitions,doors,window sills,and frames. Shampoo entrance and
elevator carpets.
G. Three times a year. Dust wall surfaces within 70 inches of the floor,vertical surfaces and under surfaces. Clean metal and marble surfaces
in lobbies. Wet mop or scrub garages.
H. Twice a year. Wash all interior and exterior windows and other glass surfaces. Strip and apply four coats of finish to resilient floors in
restrooms. Strip and refinish main corridors and other heavy traffic areas.
I. Annually. Wash all venetian blinds, and dust 6 months from washing. Vacuum or dust all surfaces in the Building more than 70 inches
from the floor, including light fixtures. Vacuum all draperies in place. Strip and refinish floors in offices and secondary lobbies and corridors.
Shampoo carpets in corridors and lobbies. Clean balconies,ledges,courts,areaways,and flat roofs.
J. Every two years. Shampoo carpets in all offices and other non-public areas.
K. Every five years. Dry clean or wash(as appropriate)all draperies.
L. 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.
M. Pest control. Control pests as appropriate, using Integrated Pest Management techniques, as specified in the GSA Environmental
Management Integrated Pest Management Technique Guide(E402-1001).
6.08 SELECTION OF CLEANING PRODUCTS(OCT 2016)
The Lessor shall use cleaning products(including general purpose cleaners,floor cleaners,hand soap,etc.)that comply with either the Green
Seal standard,the UL/EcoLogo standard,EPA's Safer Choice designation,or a substitute acceptable to the LCO. Hand soap products shall
also be USDA Certified BioPreferred.
6.09 SELECTION OF PAPER PRODUCTS(APR 2015)
The Lessor shall select paper and paper products(e.g.,restroom tissue and paper towels)conforming to the Green Seal Standard(GS-1),or a
substitute acceptable to the LCO.
6.10 SNOW REMOVAL(APR 2011)
Lessor shall provide snow and ice removal services for the Government on all days for which this Lease has designated normal hours. Lessor
shall clear parking lots if the accumulation of snow exceeds two inches. Lessor shall clear sidewalks,walkways and other entrances before
accumulation exceeds 2 inches. The snow removal shall take place no later than 6:00 AM,without exception. Should accumulation continue
throughout the day, the Lessor shall provide such additional snow removal services to prevent accumulation greater than the maximums
specified in this paragraph. In addition to snow removal, the Lessor shall keep walkways, sidewalks and parking lots free of ice during the
normal hours. The Lessor shall remove excess buildup of sand and/or ice melt to minimize slipping hazards. If the Building entrance(s)has a
northern exposure,then Lessor shall take additional measures to protect the safety of pedestrians.
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the leased Premises. Such maintenance and repairs include the site and
private access roads. All equipment and systems shall be maintained to provide reliable,energy efficient service without unusual interruption,
disturbing noises,exposure to fire or safety hazards,uncomfortable drafts,excessive air velocities,or unusual emissions of dirt. The Lessor's
maintenance responsibility includes initial supply and replacement of all supplies, materials,and equipment necessary for such maintenance.
Maintenance,testing, and inspection of appropriate equipment and systems shall be done in accordance with current applicable codes, and
inspection certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Government's designated
representative.
LEASE NO.27037DakotaCoMN,PAGE 27 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
B. At the Lessor's expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and
maintenance of fire protection systems,such as,but not limited to,fire alarm,fire extinguishers,fire sprinkler,standpipes,fire pump,emergency
lighting, illuminated exit signs, emergency generator, prior to occupancy to ensure proper operation. These tests shall be witnessed by the
Government's designated representative.
6.12 MAINTENANCE OF PROVIDED FINISHES(OCT 2016)
A. Paint,wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in"like new"condition for the life of the
Lease. All painted surfaces shall be repainted at the Lessor's expense,including the moving and returning of furnishings,any time during the
occupancy by the Government if the paint is peeling or permanently stained,except where damaged due to the negligence of the Government.
All work shall be done after normal working hours as defined elsewhere in this Lease. In addition to the foregoing requirement,
1. INTENTIONALLY DELETED
2. Lessor shall perform cyclical repainting of all Government-leased Space every four(4)years of occupancy, including shared and
common areas. This cost,including the moving and returning of furnishings,as well as disassembly and reassembly of systems furniture
per manufacturer's warranty,shall be at the Lessor's expense.
B. Carpet and flooring.
1. Except when damaged by the Government,the Lessor shall repair or replace flooring at any time during the Lease term when:
a. Backing or underlayment is exposed;
b. There are noticeable variations in surface color or texture;
c. It has curls,upturned edges,or other noticeable variations in texture;
d. Tiles are loose;or,
e. Tears or tripping hazards are present.
2. Notwithstanding the foregoing,as part of the rental consideration,the Lessor shall replace carpet and base coving in the Space at the
request of the Government,with a product which meets the requirements in the"Floor Coverings and Perimeters"paragraph in this Lease.
3. Initial installation,repair or replacement shall include the moving and returning of furnishings,including disassembly and reassembly
of systems furniture per manufacturer's warranty, if necessary. Work shall be performed after the normal hours established elsewhere in
this Lease.
6.13 ASBESTOS ABATEMENT(APR 2011)
If asbestos abatement work is to be performed in the Space after occupancy,the Lessor shall submit to the Government the occupant safety
plan and a description of the methods of abatement and re-occupancy clearance, in accordance with OSHA, EPA, DOT, state, and local
regulations and guidance,at least 4 weeks prior to the abatement work.
6.14 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.
6.15 IDENTITY VERIFICATION OF PERSONNEL(OCT 2016)
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 the agency personal identity verification procedures below that
implement Homeland Security Presidential Directive-12(HSPD-12),Office of Management and Budget(OMB)guidance M-05-24 and M-11-11,
and Federal Information Processing Standards Publication(FIPS PUB) Number 201, as amended.These policies require 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.The Lessor shall notify the Government of any
new personnel or contractors with routine access to the space(such as janitors,property manager,site supervisor,etc)within 5 working days
of employment.
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.
LEASE NO.27037DakotaCoMN,PAGE 28 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
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. In the event the Lessor's contractor or subcontractor is
subsequently replaced,the new contractor or subcontractor is not required to have persons re-apply who were cleared through this process
while associated with the former contractor or subcontractor in accordance with USDA policy.The Lessor shall require each cleared person to
re-apply and obtain a new clearance in accordance with USDA 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 USDA 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 USDA 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 USDA 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 USDA 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.
6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012)
Within 30 days after occupancy by the Government,the Lessor shall provide the LCO with a detailed written schedule of all periodic services
and maintenance to be performed other than daily,weekly,or monthly.
6.17 LANDSCAPING(OCT 2016)
A. Landscape management practices shall prevent pollution by:
1. Employing practices which avoid or minimize the need for fertilizers and pesticides;
2. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid(2,4-D)herbicide and organophosphates;and
3. Composting/recycling all yard waste.
B. The Lessor shall use landscaping products with recycled content as required by EPA's CPG for landscaping products. Refer to EPA's
CPG web site,httos://www.epa.gov/smm/comprehensive-procurement-guideline-coq-program
C. INTENTIONALLY DELETED
6.18 LANDSCAPE MAINTENANCE(APR 2011)
Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering,weeding,
mowing,and policing the area to keep it free of debris. Pruning and fertilization shall be done on an as-needed basis. In addition,dead,dying,
or damaged plants shall be replaced.
6.19 RECYCLING(JUN 2012)
A. The Lessor shall establish a recycling program for(at a minimum) paper, corrugated cardboard,glass, plastics, and metals where local
markets for recovered materials exist.
B. Where state or local law,code,or ordinance requires recycling programs for the Premises,Lessor shall comply with such state and/or local
law,code,or ordinance.
C. When implementing any recycling program,the Lessor shall provide an easily accessible,appropriately sized area(2 SF per 1,000 SF of
Building gross floor area)that serves the Space for the collection and storage of materials for recycling. Telecom rooms are not acceptable as
recycling space. During the Lease term,the Lessor agrees, upon request,to provide the Government with additional information concerning
recycling programs maintained in the Building and in the Space.
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the term of the Lease,the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-
Sheppard vending facilities.
6.21 INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN,PAGE 29 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
6.22 INDOOR AIR QUALITY(OCT 2016)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that the USDA indicator levels
for asbestos, mold, carbon monoxide(CO), carbon dioxide(CO2), and formaldehyde are not exceeded. The indicator levels for office areas
shall be: Asbestos 70 s/mm2;mold(see paragraph entitled"Mold");CO 9 ppm;CO2 700 ppm above outdoor air;formaldehyde 0.016 ppm.
B. The Lessor shall use available odor-free or low odor products when applying paints,glues,lubricants,and similar wet products.When such
equivalent products are not available,lessor shall use the alternate products outside normal working hours. Except in an emergency,the Lessor
shall provide at least 72 hours advance notice to the Government before applying chemicals or products with noticeable odors in occupied
Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality(IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed,to ascertain
the source and severity of the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies,as well as in
space serving the Space(e.g., common use areas, mechanical rooms, HVAC systems,etc.). The Lessor shall assist the Government in its
assessments and detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing,if required;and
3. Implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government safety data sheets(SDS)upon request for the following products prior to their use during the
term of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall
patching or leveling materials, lubricants, clear finish for wood surfaces,janitorial cleaning products, pesticides, rodenticides, and herbicides.
The Government reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals(any products with data in the Health and Safety section of the SDS sheets)may be present or
used,including large-scale copying and printing rooms,segregate areas with deck-to-deck partitions with separate outside exhausting at a rate
of at least 0.5 cubic feet per minute per SF,no air recirculation. The mechanical system must operate at a negative pressure compared with
the surrounding spaces of at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water
gauge)when the doors to the rooms are closed.
6.23 RADON IN AIR(OCT 2016)
A. The radon concentration in the air of the Space shall be less than 4 picoCuries per liter(pCi/L)for childcare and 25 pCi/L for all other space,
herein called"EPA action levels."
B. Initial Testing:
1. The Lessor shall:
a. Test for radon that portion of Space planned for occupancy by the Government in ground contact or closest to the ground up to
and including the second floor above grade(Space on the third or higher floor above grade need not be measured);
b. Report the results to the LCO upon award;and
c. Promptly carry out a corrective action program for any radon concentration which equals or exceeds the EPA action levels.
2. Testing sequence. The Lessor shall measure radon by the standard test in sub-paragraph D.1,completing the test not later than 150
days after award,unless the LCO decides that there is not enough time to complete the test before Government occupancy,in which case
the Lessor shall perform the short test in sub-paragraph D.2.
3. If the Space offered for Lease to the Government is in a Building under construction or proposed for construction, the Lessor, if
possible, shall perform the standard test during buildout before Government occupancy of the Space. If the LCO decides that it is not
possible to complete the standard test before occupancy,the Lessor shall complete the short test before occupancy and the standard test
not later than 150 days after occupancy.
C. Corrective Action Program:
1. Program Initiation and Procedures.
LEASE NO.27037DakotaCoMN,PAGE 30 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
a. If either the Government or the Lessor detects radon at or above the EPA action levels at any time before Government occupancy,
the Lessor shall carry out a corrective action program which reduces the concentration to below the EPA action levels before
Government occupancy.
b. If either the Government or the Lessor detects a radon concentration at or above the EPA action levels at any time after
Government occupancy,the Lessor shall promptly carry out a corrective action program which reduces the concentration to below
the EPA action levels.
c. If either the Government or the Lessor detects a radon concentration at or above the EPA action levels at any time after
Government occupancy,the Lessor shall promptly restrict the use of the affected area and shall provide comparable temporary space
for the tenants,as agreed to by the Government, until the Lessor carries out a prompt corrective action program which reduces the
concentration to below the EPA action levels and certifies the Space for re-occupancy.
d. The Lessor shall provide the Government with prior written notice of any proposed corrective action or tenant relocation. The
Lessor shall promptly revise the corrective action program upon any change in Building condition or operation which would affect the
program or increase the radon concentration to or above the EPA action levels.
2. The Lessor shall perform the standard test in sub-paragraph D.1 to assess the effectiveness of a corrective action program. The
Lessor may also perform the short test in sub-paragraph D.2 to determine whether the Space may be occupied but shall begin the standard
test concurrently with the short test.
3. All measures to accommodate delay of occupancy, corrective action, tenant relocation, tenant re-occupancy, or follow-up
measurement,shall be provided by the Lessor at no additional cost to the Government.
4. If the Lessor fails to exercise due diligence,or is otherwise unable to reduce the radon concentration promptly to below the EPA action
levels,the Government may implement a corrective action program and deduct its costs from the rent.
D. Testing Procedures:
1. Standard Test. Place alpha track detectors throughout the required area for 91 or more days so that each covers no more than 2,000
ABOA SF. Use only devices listed in the EPA Radon Measurement Proficiency Program (RMP) application device checklists. Use a
laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data(sample location,device type,
duration,radon measurements,laboratory proficiency certification number,and the signature of a responsible laboratory official)within 30
days after the measurement.
2. Short Test. Place alpha track detectors for at least 14 days,or charcoal canisters for 2 days to 3 days,throughout the required area
so that each covers no more than 2,000 ABOA SF, starting not later than 7 days after award. Use only devices listed in the EPA RMP
application device checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting
data within 30 days after the measurement. In addition,complete the standard test not later than 150 days after Government occupancy.
6.24 RADON IN WATER(JUN 2012)
A. If the water source is not from a public utility,the Lessor shall demonstrate that water provided to the Premises is in compliance with EPA
requirements and shall submit certification to the LCO prior to the Government occupying the Space.
B. If the EPA action level is reached or exceeded,the Lessor shall institute appropriate abatement methods which reduce the radon levels to
below this action.
6.25 HAZARDOUS MATERIALS(SEP 2013)
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.
B. Lessor shall,to the extent of its knowledge,notify Government of the introduction of any hazardous materials onto the Property by Lessor
or others,including but not limited to,co-tenants occupying Space in the Building.
6.26 MOLD(OCT 2016)
A. Actionable mold is airborne mold of types and concentrations in excess of that found in the local outdoor air or non-problematic control
areas elsewhere in the same building.
B. The Lessor shall provide Space to the Government that is free from ongoing water leaks or moisture infiltration.The Space and ventilation
zones serving the Space shall also be free of visible mold or actionable airborne mold.
C. Following a flood,plumbing leak or heavy rain whereby the Government Space or air zones serving the Space may have become moisture
damaged, the Lessor shall immediately repair any leakage sources and remediate the moisture damage. Whenever moisture damage or
infiltration persists such that:mold is visible,mold odors are present,or occupants register complaints about mold,the Lessor shall employ a
board-certified, industrial hygienist or equivalently qualified consultant to inspect and evaluate the Space and air zones serving the Space for
visible and/or actionable mold presence; inspection shall take place no later than 15 calendar days following identification of a potential mold
issue as described above.The Lessor shall promptly furnish these inspection results to the Government.The Lessor shall safely remediate all
visible moldy and/or water damaged materials identified by the consultant using a qualified remediation contractor following the methods
identified in "Mold Remediation in Schools and Commercial Buildings" (EPA 402-K-01-001, March 2001). Remediation shall also remove
actionable mold levels.Remediation shall be completed within a time frame acceptable to the Lease Contracting Officer which shall be no later
than 90 calendar days following confirmation of the presence of actionable mold.
LEASE NO.27037DakotaCoMN,PAGE 31 LESSOR: GOVERNMENT: GSA FORM L100(10116)
D. The presence of actionable mold in the Premises may be treated as a Casualty,as determined by the Government,in accordance with the
Fire and Other Casualty clause contained in the General Clauses of this Lease. In addition to the provisions of the Fire and Other Casualty
clause of this Lease,should a portion of the Premises be determined by the Government to be un-tenantable due to an act of negligence by the
Lessor or his agents,the Lessor shall provide reasonably acceptable alternative Space at the Lessor's expense, including the cost of moving,
and any required alterations.
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant
Emergency Plan(OEP)and if necessary,a supplemental Shelter-in Place(SIP)Plan.Periodically,the Government may request that the Lessor
assist in reviewing and revising its OEP and SIP.The Plan,among other things,must include an annual emergency evacuation drill,emergency
notification procedures for the Lessor's Building engineer or manager, Building security,local emergency personnel,and Government agency
personnel.
6.28 FLAG DISPLAY(OCT 2016)
If the Lessor has supplied a flagpole on the Property as a requirement of this Lease,the Lessor shall be responsible for flag display on all
workdays and Federal holidays. The Lessor may illuminate the flag in lieu of raising and lowering the flag daily.The Lessor shall register with
the Federal Protective Service(FPS)MegaCenter in order to receive notifications regarding when flags shall be flown at half-staff,as determined
by Executive Order.
LEASE NO.27037DakotaCoMN,PAGE 32 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY REQUIREMENTS(OCT 2016)
The Lessor agrees to the requirements of Federal Security Level I attached to this Lease as Exhibit G.
7.02 AGENCY SPECIFIC REQUIREMENTS(ASR)
The Lessor agrees to the Agency Specific Requirements attached to this Lease.
7.03 FACILITY IDENTIFICATION
If the Government is to be the sole occupant of the building,a suitable area must be provided for a sign in front of the office and must provide a
light fixture to illuminate the sign. If the building is a multi-tenant building, Lessor shall provide a position on the signage indicating tenancy.
Also,location must be such that the sign is visible from both directions of traffic. Lessor to provide, maintain, repair and/or replace the sign at
all times during the lease term in accordance with USDA signage specifications attached as Exhibit F.
7.04 HOLDOVER
In the event of a holdover past the term of the lease the tenancy shall continue on a month-to-month basis at the same rental rate in effect at
the time of the lease's expiration and all terms and conditions of the lease shall continue in full force and effect. If the amortization period has
ended and the amortized TI costs have been paid in full when the lease goes into holdover,the rent shall be reduced by that portion. Any claims
by the Lessor resulting from the holdover shall be handled through the process established in the Contract Disputes Act of 1978(41 USC 611),
and the tenancy shall continue throughout the resolution of the dispute.
7.05 MODIFIED LEASE PARAGRAPHS(OCT 2016)
The following paragraphs have been modified in this Lease:
A. 1.03 RENT AND OTHER CONSIDERATION(OCT 2016)
B. 1.05 TERMINATION RIGHTS(OCT 2016)
C. 1.07 DOCUMENTS INCORPORATED IN THE LEASE(OCT 2016)
D. 2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)
E. 2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(OCT 2016)
F. 2.08 ADJUSTMENT FOR VACANT PREMISES(OCT 2016)
G. 3.31 FLOOR COVERING AND PERIMETERS—SHELL(SEP 2013)
H. 3.38 RESTROOMS(OCT 2016)
I. 3.44 LIGHTING: INTERIOR AND PARKING-SHELL(OCT 2016)
J. 4.05 GREEN LEASE SUBMITTALS(OCT 2016)
K. 4.13 LIQUIDATED DAMAGES(JUNE 2012)
L. 5.04 WINDOW COVERINGS(JUN 2012)
M. 5.05 DOORS:SUITE ENTRY(SEP 2013)
N. 5.07 DOORS: HARDWARE(SEP 2013)
O. 5.12 FLOOR COVERINGS AND PERIMETERS(APR 2015)
P. 5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(JUN 2012)
Q. 5.17 DATA DISTRIBUTION(JUN 2012)
R. 5.18 ELECTRICAL,TELEPHONE,DATA FOR SYSTEMS FURNITURE(JUN 2012)
S. 6.04 UTILITY CONSUMPTION REPORTING(OCT 2016)
T. 6.05 HEATING AND AIR CONDITIONING(OCT 2016)
U. 6.10 SNOW REMOVAL(APR 2011)
V. 6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
W. 6.12 MAINTENANCE OF PROVIDED FINISHES(OCT 2016)
X. 6.19 RECYCLING(JUN 2012)
Y. 6.23 RADON IN AIR(OCT 2016)
LEASE NO.27037DakotaCoMN,PAGE 33 LESSOR: GOVERNMENT: GSA FORM L100(10/16)
EXHIBIT A
Property Card Parcel ID Number 14-77000-19-095
Owner Information
Fee Owner
HRA OF FARMINGTON
Mailing Address
%CITY OF FARMINGTON
430 3RD ST
FARMINGTON MN 55024 i I i'
Property Address
Address
430 3RD ST •-
Municipality
FARMINGTON
Parcel Information
Last Qualified Sale Total Acres 1.08
Sale Value $0.00 R/W Acres
Uses EXEMPT Water Acres
Plat TOWN OF FARMINGTON
Lot and Block 9 19
Tax Description LOTS 5 THRU
2017 Building Characteristics (payable 2018)*
Building Type Year Built 2008 Bedrooms 0
Building Style Foundation Sq Ft NOT APPL Bathrooms 0.00
Frame Above Grade Sq Ft Garage Sq Ft
Multiple Buildings Finished Sq Ft 43,122 Other Garage
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve Open Space
192 VERMILLION RIVER NON HOMESTEAD
Assessor Valuation
Taxable Estimated
2017 Land Values (payable 2018) $0.00 $235,900.00
2017 Building Values (payable 2018)* $0.00 $3,771,800.00
2017 Total Values (payable 2018)* $0.00 $4,007,700.00
2016 Total Values (payable 2017)* $0.00 $4,046,700.00
Property Tax Information
Net Tax(payable 2017) Special Assessments(2017) Total Tax&Assessments(2017)
$0.00 $0.00 $0.00
* Manufactured Homes Payable the Same Year as Assessment.
Disclaimer: Map and parcel data are believed to be accurate. but accuracy is not guaranteed. This is not a legal
document and should not be substituted for a title search, appraisal, survey, or for zoning verification.
INITIALS: LESSOR& GOV'T
Parcel data current as of 12/06/2017 Dakota County, MN Page 1 of 1
Exhibit C
City Hall Parking Availability
41r. 0.i t e is ,
I r
41 ' 1:a
S■IIIIIIIIl. --
•1 rt t 17 ..... • ilmi • .re 11
V
-
o e.
/Gt.s. �f`r Vi .. . .,.. T.. J
doirr : I''', *. , MIM
I kill;
>,
I 'i 1
asissocsui:LAimanaminalcimmu
1 '
;! , 1� - mil �. v ..
i.
L �:o i.. tit 1lad" 1
_ i�iii 'lib's . 1111111
._.. - . , r .yam
Aar
We
Acvsq
J A
July 13,2017 1:600
0 25 50 100 ft
1 r I 'r I , .1 . t
St
0 5 10 20 m
Vro pe) jt USDA f e rVin i Stcc(i S
Property Information
Lease No. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
)isdalmer.Map and parcel data are believed to be accurate,but accuracy Is not guaranteed.This Is not a legal document and should not be substituted for a title search,appralsal,survey,or for zoning verhiicatbn.
U(1 D A EXHIBIT D
United States Department of Agriculture
•
Agency Specific Requirements/ Scope of Work
For USDA Service Center in
Farmington, MN
The Agency Specific Requirements (ASRs) do not reduce the minimum requirements contained within
the Lease. These ASRs provides specific agency requirements, which may be complementary, more
specific, or more stringent than those of the Lease minimum requirements.
LEASE NO,27037DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOR:4 GOVERNMENT:
Page 1 018
EXHIBIT D
SECTION 1 ROOM SCHEDULE AND DETAILS 3
1.01 ROOM SCHEDULE 3
1.02 SPACE DETAILS 4
SECTION 2 DESIGN.SCHEMATIC LAYOUT 6
2.01 DESIGN SCHEM TIC INTENTIONALLY DELETED 6
2.02 INTENTIONALLY DELETED 6
SECTION 3 ADDITIONAL SPECIAL REQUIREMENTS AND DETAILS 7
3.01 ROOM LAYOUTS 7
3.02 ADDITIONAL CONSTRUCTION DETAILS 7
SECTION 4 GENERAL REQUIREMENTS 8
4.01 SECURITY 8
4.02 INFORMATION TECHNOLOGY 8
4.03 OTHER 8
LEASE NO.27037DakotaCoNIN AGENCY SPECIFIC REQUIREMENTS LESSOR: lJ GOVERNMENT:
Page2of8
EXHIBIT D
SECTION 1 ROOM SCHEDULE AND DETAILS
1.01 ROOM SCHEDULE
Summary of Space Requirements FSA NRCS Total
Proposed SF Proposed SF Proposed SF
INDIVIDUAL SPACE
Open Space 930 400 1,330
Private Office(s)(Max 150 SF each) 120 120 240
Secured file storage room 350 150 500
Other open:NRCS-Mudroom 100 100
Subtotal Individual Space: 2170
SHARED SPACE
Conference/Training Room 300
Storage/Mailroom Space 0
ADP/IT Room 100
Break Room 150
Subtotal Shared Space: 550
Total Space: 2,720
FSA Space: (Total 1,400 ABOA SF)
•
• 1 Private Office, approximately 120 ABOA SF
• Open Work Space, approximately 930 ABOA SF
• *Secured file storage, approximately 350 ABOA SF
NRCS Space: (Total 770 ABOA SF)
• 1 Private Office, approximately 120 ANSI/BOMA SF
• Open Work Space, approximately 400 ABOA SF
• *Secured file storage, approximately 150 ABOA SF
• *Mudroom, approximately 100 ABOA SF
All open work space shall be contiguous for the agencies and shall not be divided. All private offices shall be located
immediately adjacent to the open work space.
Shared Space: (Total 550 ABOA SF)
• Conference Room, approximately 300 ABOA SF
• Break Room, approximately 150 ABOA SF
• ADP Room, approximately 100 ABOA SF(See USDA/OCIO/1TS Requirement)
*Secured file storage rooms and mudroom shall be equipped with commercial-grade cipher locks.
The conference and/or break rooms may be offered as part of common space to the building that is used by multiple
tenants.The space need not be for the exclusive use of the Government,but must meet the minimum requirements.
If the shared spaces are used by multiple tenants other than the USDA, the square footage shall be offered on a
pro rata basis.
LEASE NO.27O37DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOF — -GOVERNMENT:
Page 3 of 8
EXHIBIT D
1.02 SPACE DETAILS
Please refer to the Lease document for the construction standards applicable to the interior tenant area
build-out. These standards provide a general outline of the interior build-out requirements. For a
complete list of requirements refer.to the Lease document.
Open Office Area:
A service counter is necessary in order to conduct business with customers. Cabinetry with shelving
shall be installed beneath the counter. The final design will be reviewed and approved by the
Government.
• Flooring—Carpet tile per Lease paragraph 'FLOOR COVERINGS AND PERIMETERS.'
• Walls — Per Lease paragraph 'PARTITIONS: SUBDIVIDING' with finishes according to Lease
paragraph 'PAINTING—Ti.'
• Doors — Per Lease paragraph 'DOORS: INTERIOR' with hardware per Lease paragraph
'DOORS: HARDWARE.'
• Ceiling—Per Lease paragraph 'CEILINGS.'
• Lighting — Per Lease paragraph 'LIGHTING: INTERIOR AND PARKING — SHELL' and
'LIGHTING: INTERIOR AND PARKING —TI.
• Electrical, Data, Voice—One duplex electrical receptacles and one combination data/voice jack
per 80 ABOA SF on walls per Lease paragraph 'ELECTRICAL: DISTRIBUTION' and
'TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT.'
• Window Coverings— Mini-blinds per Lease paragraph 'WINDOW COVERINGS' for all windows.
• Service Counter — Approximately 6' — 8', 30inch depth service counter on base cabinets with
under-counter shelving near front entrance. One duplex electrical receptacle and one combination
data/voice jack on wall immediately adjacent or on end of cabinet if free-standing.
Enclosed Rooms:
• Flooring— Carpet tile per Lease paragraph FLOOR COVERINGS AND PERIMETERS
• Walls — Per Lease paragraph PARTITIONS: SUBDIVIDING with finishes according to Lease
paragraph PAINTING—TI.
• Door—Per Lease paragraph DOORS: INTERIOR with hardware per Lease paragraph DOORS:
HARDWARE
• Ceiling— Per Lease paragraph CEILINGS
• Lighting—Per Lease paragraph LIGHTING: INTERIOR AND PARKING
• Windows— Each private office shall contain an interior window
• Electrical, Data, Voice--Four duplex electrical receptacles and two combination data/voice jack
on walls per Lease paragraph ELECTRICAL: DISTRIBUTION and TELECOMMUNICATIONS:
DISTRIBUTION AND EQUIPMENT
• Window Coverings —Mini-blinds per Lease paragraph WINDOW COVERINGS for all windows
Break Room/ Kitchenette Area:
• Flooring—Commercial grade linoleum flooring (such as Marmoleum or equivalent)or ceramic tile
• Walls — Per Lease paragraph PARTITIONS: SUBDIVIDING with finishes according to Lease
paragraph PAINTING -TI
• Door— Per Lease paragraph DOORS: INTERIOR with hardware per Lease paragraph DOORS:
HARDWARE
• Ceiling —Per Lease paragraph CEILINGS
LEASE NO.27037DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOR:t GOVERNMENT:
Page 4 of 8
EXHIBIT D
• Lighting—Per Lease paragraph LIGHTING: INTERIOR AND PARKING
• Electrical, Data, Voice - Provide two duplex electrical receptacles and one wall combination
data/voice jack. Provide one dedicated duplex electrical receptacle for refrigerator. Provide one
dedicated electrical receptacle for microwave oven above the counter. Provide two additional
duplex electrical receptacles above the counter(GFI as required by code).
• HVAC (Only if enclosed room) - Independent HVAC zone on thermostat in this room and provide
means to ensure negative pressure for this room to avoid odors from escaping this room. Provide
filters to remove odors from any air being mixed back into the supply air for the remainder of the
building or exhaust directly to the outside.
• Window Coverings —Mini-blinds per Lease paragraph WINDOW COVERINGS for all windows
• Millwork - Provide 8'0" LF of post formed plastic laminate counter with integral back splash with
double basin stainless steel sink and all associated plumbing. Provide 8'0" LF of plastic laminate
commercially available base cabinets with concealed hinges and staple pulls. Provide 8'0" LF of
plastic laminate commercially available wall cabinets with concealed hinges and staple pulls.
LEASE NO.27037DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOR: I 'GOVERNMENT:
Page 5 of 8
EXHIBIT D
SECTION 2 DESIGN SCHEMATIC LAYOUT
2.01 DESIGN SCHEMATIC INTENTIONALLY DELETED
2.02 ADJACENCY DIAG[?AMS INTENTIONALLY DELETED
LEASE NO.27037DakotaCoMN AGENCY
SPECIFIC REQUIREMENTS LESSOR:`J GOVERNMENT:
Page 6 of 8
EXHIBIT D
SECTION 3 ADDITIONAL SPECIAL REQUIREMENTS AND DETAILS
3.01 ROOM LAYOUTS
These room layouts indicate the required layout for the room listed. For all rooms not listed, the final
layout will be determined during the creation of the Design Intent Drawings.
ADP Room:
There are specific requirements for the ADP room;all of these requirements are listed in USDA/OCIO/ITS
Requirements document(EXHIBIT E).
3.02 ADDITIONAL CONSTRUCTION DETAILS
The commencement date of this Lease, along with any applicable termination and renewal rights, shall
be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of
the Space by the Government.
Break Room
Break Room must be equipped with a sink that has hot and cold water, Upper/lower cabinets must be
installed. Break Room must have sufficient electrical wiring outlets to support a coffee maker, refrigerator,
and microwave.
•
Reception
A service counter is necessary in order to conduct business with customers. Cabinetry with shelving
shall be installed beneath the counter. The final design will be reviewed and approved by the
Government.
•
/ i
LEASE NO.27037DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOR:( 'tGOVERNMENT:
Page 7 of 8
EXHIBIT D
SECTION 4 GENERAL REQUIREMENTS
4.01 SECURITY
This lease will be a Security Level 1 lease, see attached Security Level 1 Requirements document
(EXHIBIT G).
4.02 INFORMATION TECHNOLOGY
IT requirements are listed in USDA/OCIO/ITS Requirements document(EXHIBIT E).
4.03 OTHER
All USDA office space must be made separate and secure from all other tenants. The walls separating
USDA suites from other tenants shall be extended as per Lease paragraph PARTITIONS: PERMANENT.
•
•
LEASE NO.27037DakotaCoMN AGENCY SPECIFIC REQUIREMENTS LESSOR GOVERNMENT:
Page 8ofB
EXHIBIT E
U.S.DEPARTMENT OF AGRICULTURE •
Farm Service Agency
USDA/OCIO/ITS REQUIREMENTS
I. SPECIFICATIONS FOR THE ADP ROOM
A. Square Footage. The ADP/computer room shall be a minimum of 75 square feet and a
maximum of 100 square feet. The configuration of the room shall allow a three-foot clearance
around equipment.
B. Doors. The number of entrances to the ADP room will be kept to a minimum as required by
local fire code. Every entrance into an ADP room must be a metal clad or solid core, lockable
door. A managed process will be utilized to control all access to the room. The process can
be electronic or manual (key access). One key or code will be assigned to an individual from
each service center agency (SCA). All computer room doors shall be removed from the
master key system of the facility. Exterior doors must have either interior hinges or exterior
hinges with non-removable pins.
•
C. Windows. There shall be NO WINDOWS in the ADP room, even if a portion of the room has
exterior walls.
D. Flooring. The flooring shall be anti-static hard surface; no carpet.
E. Walls. Walls of the ADP room shall extend from the structural floor slab to the structural
ceiling slab with sound transmission class 40 or better.
F. Temperature and Humidity. The ADP room shall be cooled at all times. The ambient room
temperature shall be maintained between 65°to 78°F (18°to 26°C). The ambient relative
humidity levels shall be maintained between 35% and 55%. The temperature and humidity
controls shall be managed within the room, including point of contacts for emergency
situations. The ADP room shall have access to temperature readings within the space. Air
conditioning must be controlled on the weekends as needed to maintain the minimum
temperature in the room.
G. Plumbing. Due to the potential danger of water damage, the ADP room shall not be located in
areas where water bearing pipes would be overhead.
H. Fire Suppressant Systems. A sprinkler system will be installed when local building codes
require it. A dry-pipe system is preferred. Sprinkler heads shall be placed so that they are not
directly above any equipment. Each ADP room shall be equipped with a clean agent fire
extinguisher. An annual inspection must be performed on the fire extinguisher.
LEASE NO. 27037DakotaCoMN INITIALS: (-4/LESSOR& GOV'T
EXHIBIT E
I. SPECIFICATIONS FOR THE ADP ROOM (continued)
I. Design Approval. ADP (computer) room floor plans must be provided to and approved by the
Lease Contracting Officer prior to beginning construction. The plans must include the
locations of all phone jacks, data ports, and electrical outlets.
J. Physical Locations. The ADP room should not be located either above, adjacent, or below
public areas in multi-story buildings. The ADP room will be located in the interior of the
building away from exterior windows, if practical.
K. Mailrooms and Loading Docks. The ADP room will be located a minimum of 50 feet from
public areas, mailrooms, and loading docks.
L. Signage. Ensure that all signs identifying the ADP room are removed from public view.
Directories or building maps that identify the location of critical or sensitive asset locations shall
not be displayed.
M. Electrical Power. Where possible, the capability of shutting off power to an information
system component that may be malfunctioning or threatened without endangering personnel
by requiring them to approach the equipment shall be included in new or refurbished ADP
rooms.
II. ADP ROOM EQUIPMENT OUTPUTS
Refer to the manufacturer's requirements for all equipment that will be located in the room.
Ill. DEDICATED ELECTRICAL CIRCUITS AND OUTLETS FOR ADP EQUIPMENT
A. Computer Room Circuits. Provide and install dedicated electrical circuits with isolated
grounds in the computer room. Dedicated circuits must be 110 volt, 20-ampere standard three-
prong circuits with true earth ground terminated into orange or other uniquely marked
("computer use only") duplex outlets. Provide and install duplex outlets for each dedicated
electrical circuit in the computer room. Dedicated electrical circuits will be used for the
telephone systems. The main electrical panel for the computer/voice (if computer/voice is
available) equipment will be properly grounded to meet TIA/EIA and Federal Information
Processing Standards (FIPS).
B. General Office Space Circuits. Provide dedicated electrical circuits with multiple outlets at
designated locations throughout the service center with multiple outlets to accommodate the
peripheral equipment (i.e. computer workstations, printers).
LEASE NO. 27037DakotaCoMN INITIALS: al LESSOR& GOV'T
EXHIBIT E
III. DEDICATED ELECTRICAL CIRCUITS AND OUTLETS FOR ADP EQUIPMENT (continued)
C. Electrical Requirements for Uninterruptible Power Supply (UPS) Circuit. Critical servers
are required to be connected to the UPS.
(1) Uninterruptible Power Supply (UPS). Dedicated Circuits will be required for use by UPS.
(2) Number and Type of Circuits. There will be 1 (one) 120 volt, 30 amp minimum with true
ground, terminated into a twisting-lock receptacle. Each dedicated circuit must have insulated,
isolated earth ground; conduit ground is not acceptable.
(3) Receptacle. The receptacle will be a NEMA L5-30R twist-locking receptacle.
(4) Location of the UPS receptacle. The UPS receptacle will be located in the ADP/Computer
room where the Local Area Network (LAN)/Wide Area Network (WAN)Noice (LWV) cabinet is
installed. The receptacle will be located within a maximum of 4.5 feet from the back of the
United States Department of Agriculture (USDA) wiring cabinet.
IV. PLYWOOD
One sheet of% inch 4 x 8 foot plywood shall be vertically mounted on the wall in the.computer
room within 3 feet of an electrical outlet and the wiring cabinet. The backboard should be
attached to the wall using correct mounting hardware and procedures. If the wall is sheet-rocked,
attach the backboard to the studs. If the wall is concrete, attach the backboard using anchors.
The backboard should be painted with fire retardant paint the same color as the interior walls of
the building. This will be the extended demarcation point and for the installation of phone
equipment.
V. TELEPHONE SYSTEM
A telephone demarcation point (D-mark) must be provided on a type 66S block on the backboard
for all telephone lines prior to the move date. The telephone system will be moved by and
installed by USDA technicians during move-in. Lessor shall meet with the Government (TSD
Group Manager) to coordinate this process so that it is smooth.
VI. DISTRIBUTION CLOSETS AND CABLE PATHWAYS
Facilities requiring multiple distribution points within the building or on multiple floors will comply
with ANSI/TIA/EIA-569-5 standards.
VII. DATA CABLING/TELECOMMUNICATIONS
A. General Specifications. The lessor shall pay for the installation of all
data/telecommunications cabling.
All premise data/telecommunications cabling will comply with TIA/EIA-568-B. All new
installations will use Category 6 cabling, as specified in TIA/EIA-568-B.2-1, or higher. All
cabling will meet local building codes.
j
LEASE NO.27037DakotaCoMN INITIALS: LESSOR& GOV'T
EXHIBIT E
B. Exceptions. Renovations to buildings which currently comply with TIA/EIA-568-A and contain
Category 5 cable and terminations may continue to use Category 5 wiring and terminations as
specified in TIA/EIA-568-A.
All substantial additions to, or replacements of, existing wiring should comply with the
specifications in VII(A)where possible.
NOTE. Category 5 wiring is unsuitable for Ethernet speeds above 100 Mb/sec.
C. Copper Cable Installation.
(1) Provide, place, terminate and test Cat-6 certified 100-ohm Balanced Twisted Pair cables
according to applicable standards.
(2) Data cable and voice cables shall be terminated with Cat-6 compliant terminations (patch
panels, wall outlets, etc.).
(3)All Balanced Twisted Pair cables shall be terminated using the T568A pin/pair assignments
as specified in TIA/EIA-568-B and per FTR 1090-1997.
•
D. Copper Cable Specification. All cable equipment and materials must be manufactured by
facilities that are International Organization for Standardization (ISO) 9001 registered and
certified as follows:
(1) Shall be Cat-6 or Cat-6a rated in accordance with ANSI/TIA/EIA-568-B.
(2) Shall be four-pair, balanced, 100-Ohm, 24 American Wire Gage (AWG).
(3) The selected cable must have contiguous, two=foot segment-length markers printed on the
cable jacket. The markings must also show cable manufacturer, cable model number or
name , cable part number, Cat-6 or Cat-6a designation, a UL or ETL verification designation, a
CMP type, and a "tested to 350 MHz" or above designation.
(4) Shall be tested and certified by the installer to comply with the previous requirements.
E. Data Fiber Cable Installation.
(1) Fiber optic cable shall be used for all links in excess of 90 meters and where appropriate.
There shall be no 90° bends in any fiber cables with a radius of less than three (3) inches.
(2) All fiber cable links less than 500 meters shall be 6-strands, multimode optical fiber cable.
(3) All Optical Fiber, Conductive, Plenum (OFCP) or Optical Fiber Conductive Riser (OFCR)
rated fiber cable shall be properly grounded at both ends and may not be installed in the same
cable tray or conduit as power cables.
(4) All ANSI/TIA/EIA-568-B requirements for fiber cable installation, testing, and termination
will be observed.
LEASE NO.27037DakotaCoMN INITIALS: Lid LESSOR& GOV'T
EXHIBIT E
E. Data Fiber Cable Installation.
(5) All strands of each fiber cable shall be terminated at each end of the cable, with either
Straight Tip (ST) or Standard Connector (SC) connectors, as appropriate to the related
equipment interface connector, and will be conveyed to the selected cable contractor upon
request.
FIGURE 1 FIGURE 2
SC Connector ST Connector
(6)Supply several sets of fiber patch cords that should not only serve immediate switch
connection concerns, but allow for possible switch update connections in the future. The
unused fiber patch cables will be kept in reserve at this site, in the event that such switch
updates do occur.
F. Data Fiber Cable Specifications.
(1) All fiber cable shall be 6-strand, multimode, tight buffered, 50 x 125 pm optical fiber, rated
OFCP or OFCR as appropriate, and must be clearly marked as such on the cable sheathing.
(2) All fiber link cable runs, shall be run within orange, plenum rated inter-duct, and
appropriately sized according to the number of fiber runs to be contained.
(3) Both the fiber cable sheathing and the protective inter-duct shall be colored orange to
denote multimode fiber.
G. Wall Input/Output (I/O) Face Plates for Work Area I/O Connections. Work areas will have a
quad or hex outlet plate connector with four or six RJ-45 connectors (see diagram). Extra
outlet plate connectors will also be required in some common areas. In most cases, quad/hex
plate ratio will be as shown in table below:
Office Size Number of quad/hex plates
3 —5 people 1 per person plus 5
6 — 14 people 1 per person plus 6
15—22 people 1 per person plus 7
23—29 people 1 per person plus 8
30—45 people 1 per person plus 9
46—57 people 1 per person lus 10
LEASE NO.27037DakotaCoMN INITIALS: ) LESSOR& GOV'T
EXHIBIT E
NOTE: In addition to the quad/hex plates listed above, 3 quad/hex plates shall
be located in the conference room, 1 in the mailroom and 1 in the breakroom.
2 quad/hex plates will be located on opposite walls in each private office.
All drops will be identified and numbered on the office floor plan prior to installation. Each of
the four or six connectors will be cabled with 4-pair balanced twisted-pair cable. The data
cables will be category 6 as listed in the cable specification block. These cables will be
terminated with RJ-45 connectors at the device end. The other end will be punched down on
an RJ-45/110-type patch panel in the LWV wiring cabinet. Each quad plate MUST be labeled
with the work station number(1, 2, etc.) and the A, B, C, etc. format. Each connection MUST
be identified as (1A, 1B, 2A, 2B, etc.) on the corresponding patch panel location.
VII. DATA CABLING/TELECOMMUNICATIONS (continued)
FIGURE 3 FIGURE 4
Fqe
IA kt ,B I
. G1Ynxew-aq Y`r-.may F,7 ✓)y5
itaElFir4r
Quad Plate Hex Plate
Quad Plate— Ports A, B, C — Data Hex Plate— Ports A, B, C, D, E - Data
Port D- Phone Port F— Phone
VIII. LAN/WANNOICE CABINET
The Government will provide the LAN/WANNOICE cabinet. The lessor shall provide and
install wiring, cabling, and patch panels in the cabinet as specified by the Government (TSD
Group Manager). Patch panels will be RJ-45/110 type and appropriately-sized, based upon the
number of quad and/or hex outlet plates. A wire service loop that will allow the cabinet to freely
move a minimum of six feet in any direction will be installed by the cable installation contractor
as part of the cable installation. The RJ-45/110 type patch panel must be mounted in the
cabinet in the place designated by the Government (TSD Group Manager).
IX. COPIES OF RELATED DOCUMENTS
A. Copies of Federal Telecommunications Recommendations (FTRs).. Copies of FTRs are
available from: .
LEASE NO. 27037DakotaCoMN INITIALS: Or( LESSOR& GOV'T
EXHIBIT E
National Communications System (NCS), Technology and Standards Division (N6)
701 South Court House Road
Arlington, Virginia 22204-2198
Telephone: (703) 607-6204
B. Copies of the specifications and related documents. Copies of the specifications and related
documents can be obtained from:
(1) Global Engineering Documents
15 Inverness Way East
Englewood, Colorado 80112
Telephone: (800) 854-7179 or
(303) 397-7956
www.global.ihs.com
(2) National Resource for Global Standards
www.nssn.org
LEASE NO. 27037DakotaCoMN INITIALS: (`_tom LESSOR& GOV'T
USDA EXHIBIT F
United States Department of Agriculture
April 2014
Facility Signage Guide
; •.•
• .
„,
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'1
USDA Facility Signage EXHIBIT F
Facility signs play a major role in projecting a clear, strong
impression of USDA. This facility signage guide serves as
a manual for the development and implementation of a
comprehensive signage and wayfinding system for both exterior
and interior signage. The purpose of this guide is to establish the
image of USDA, creating a sense of space that welcomes visitors and
staff; defining USDA as a destination, and informing, orientating, and
directing visitors to and through all USDA facilities.
All USDA interior facility signage designating a permanent room or space
must be ADA compliant. For the latest ADA signage standards and
guidelines, contact www.ADA.gov
USDA facilities within the Washington, DC, metropolitan area must
comply with special DC/Metro signage requirements. Contact the Office
of Operations (OAO) for the latest version.
The objective of this guide is not to replace current signs but, rather, to
ensure that when the signs need to be replaced with new signs, they
comply with these new guidelines.
LEASE NO.27037DakotaCoMN INITIALS: LESSOR& GOV'T
2
EXHIBIT F
Facility Signage
Signature Lockups Acceptable Signature Lockup Variations
Signature lockups must be used USDA
on all Department facility signage.
Signature lockups combine the United States Department of Agriculture
USDA Symbol and the Department
name. Do not use the USDA USDA
United States
Symbol without the Department Department of
MEM
name. Only use signature lockups Agriculture
supplied by USDA's Office of
Communications. Any substitution USDA
of fonts on signature lockups is
unacceptable. Do not attempt to
United States Department of Agriculture
create signature lockups in any
manner.
USDA
United States Department of Agriculture
ColorSolid Black
The signature lockup shall be Dark Blue
usDAPMS 288 United States
reproduced in either one or three _
colors. The official colors for the Dark Green Department of
USDA symbol are dark blue(PMS PMS 343 Agriculture
288) and dark green (PMS 343), Three Color
and the Department name is
black. When reproduced in one
color, the signature lockup shall USDA United States
be black or the most dominant —
color available. When the signature Department of
lockup is placed on a color Agriculture
background, it can be reproduced One Color-Black
in one color, either black or white.
II
A
Color r ,n United States
Background Department of
Agriculture
One Color-Black or White
LEASE NO.27037DakotaCoMN INITIALS: LESSOR& GOV'T
3
Signature Lockups EXHIBIT F
Clearance Space, Proportions, and Placement
Signature lockups must be used on all Department facility signage. Signature lockups are comprised of the
USDA Symbol and the Department name. To ensure maximum visibility, the signature lockup should be placed
at the top of any signage above the Agency's name. Only use signature lockups supplied by USDA's Office of
Communications. Any substitution of typefonts on signature lockups is unacceptable. Do not attempt to create
signature lockups in any manner.
Clearance space shall be used on all signage to provide a clean, consistent background area and position
for the signature lockup. All acceptable versions of the signature lockups can be used. No images, gradations, or
other graphics can appear within the clearance space. All other types of visual elements, images, and typography
can fall below the clearance space. Helvetica and Arial are the preferred typefonts.
Minimum ; USDA
Clearance Space
United States Department of Agriculture
USDA Symbol- USDA
14%ormore of
height.
Minimum
m.75"
° United States Department of Agriculture
= Minimum clearance space-
equal to the width of the USDA
ca
Agency Name Symbol's letter"A".
ci)
USDA USDA USDA
United States Department of Agdeotture United States Department of Agriculture United State.Departmentol Agdotams
Agency Name Agency Name Agency Name
Free-Standing Signage Monumental Signage Building-Mounted Signage
LEASE NO.27037DakotaCoMN INITIALS: LESSOR& GOV'T
4
EXHIBIT F
Free-Standing Signage
Signature lockup must be positioned above all other names.
USDA
United States Department of Agriculture
Agency Name
USDA United States
Department of
Agriculture
Agency
Name
Here
LEASE NO. 27037DakotaCoMN INITIALS LESSOR& GOV'T
5
Building-Mounted Signage EXHIBIT F
Use street address or site number as required by the office complex or landlord. Signature lockup must be
positioned above all other names.
Site address I 9201
as required
USDA
United States Department of Agriculture
Agency Name
9201 9201
USDA United States USDA United States
Department of —7:--;---- Department of
Agriculture Agriculture
Agency Agency
Name Name
Here Here
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
6
EXHIBIT F
Directional Signage
Directional arrows can be placed where appropriate outside the signature lockup clearance space.
USDA
United States Department of Agriculture
Agency Name
—)
USDA United States4
�— Department of
Agriculture
A enc USDA United States
g y Department of
Agriculture
Name Agency
4 Name
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
Office Room Signage EXHIBIT F
USDA Facility
All USDA interior facility signage designating a permanent room or space must be ADA compliant. For the
latest ADA signage standards and guidelines contact www.ADA.gov. Signature lockup must be positioned
above all other names.
9201
USDA United States
Department of
Agriculture
Agency Name
Tenant Name
• •. •S . • •. ••• •. .. •.
. . . .. . •
•
9201
USDA
United States Department of Agriculture
Agency Name
Tenant Name
• •. . . . .•. . .. .
. . •. • •• •.
•
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
8
EXHIBIT F
Office Room Signage
Non-USDA Facility
Signature lockup is not required.
9201
Agency Name
Division Name
Tenant Name
Tenant Name
Tenant Name
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
9
Building Directory EXHIBIT F
USDA Facility
Signature lockup must be positioned above all other names.
USDA
FMUnited States Department of Agriculture
Service Center
Farm Service Agency 201
Rural Development 201
Natural Resources 205
Conservation Service
Culpeper Soil and Water 207
Conservation District
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR & GOV'T
10
Building Directory EXHIBIT F
Non-USDA Facility
The Department name must be fully spelled out and positioned above the Agency name.
XYZ Office Building
Other Tenant 201
Other Tenant 201
Depname only t L United States Department of Agriculture 202
Other Tenant 205
Other Tenant 207
XYZ Office Building
Other Tenant 201
Other Tenant 201
Department 202
name with r United States Department of Agriculture
Agency name L Agency Name Here
on second line
Other Tenant 205
Other Tenant 207
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GO j'1
EXHIBIT G
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:
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
LEASE NO. 27037Dal<otaCoMN INITIALS: L/J✓/ LESSOR& GOV'T
Security Requirement`s(Level I)(REV 4/10/13)Page 1
EXHIBIT G
•
shall be strictly controlled through keyed locks, keycards, or similar measures. Fire and life safety 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 •
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 CCTV
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,
LEASE NO. 27037DakotaCoMN INITIALS: J LESSOR& GOV'T
Security Requirements(Level I)(REV 4/10/13)Page 2
EXHIBIT G
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
Building Information—including mechanical, electrical, vertical transport, fire and life safety, 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.
LEASE N0. 27037DakotaCoMN INITIALS:WLESSOR& GOV'T
Security Requirements(Level I)(REV 4/10/13)Page 3
EXHIBIT H
•
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 TENANT AGENCY
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 52.232-23 ASSIGNMENT OF CLAIMS
21 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
LEASE NO. 27037DakotaCoMN INITIALS:(P LESSOR& GOV'T
GSA FORM 3517B PAGE 1 (REV 06/16)
•
EXHIBIT H
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52,222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS ON VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
42 52,215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
47 552.219-73 GOALS FOR SUBCONTRACTING PLAN
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(OMB)pursuant to the Paperwork Reduction Act
and assigned the OMB Control No. 3090-0163.
LEASE NO. 27037DakotaCoMN INITIALS: 6,'(J LESSOR& GOV'T
G A FORM 35178 PAOF 9(RF\/nR/1R1
EXHIBIT H
GENERAL CLAUSES
(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
liens 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 Officer's 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 provide 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 attorned to any purchaser, purchasers, transferee or transferees of the premises or any
portion thereof and its or their successors and assigns, and any such purchasers 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 right 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.
LEASE NO. 27037DakotaCoMN
INITIALS: 6)--/ LESSOR& GOV'T
GSA FORM 3517B PAGE 3(REV 06116)
•
EXHIBIT H
4. 552.270-24 STATEMENT OF LEASE(SEP 1999)
(a) The Contracting Officer will,within thirty(30)days next following 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 warrant 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.
5. 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.
8. 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 clause shall constitute a breach by the Government of this lease.
9. DELIVERY AND CONDITION (JAN 2011)
(a) Unless the Government elects to havethe space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
j
LEASE NO. 27037DakotaCoMN INITIALS: LESSOR& GOV'T
GSA FORM 3517B PAGE 4(REV 06/16)
EXHIBIT H
• (b) The Government may elect to accept the Space notwithstanding the Lessor's 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
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence 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) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessor's capability
to perform, 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 Lessor's 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.
LEASE NO. 27037DakotaCoMN INITIALS. LESSOR& GOV'T
GSA FORM 3517E PAGE 5(REV 06/16)
EXHIBIT H
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 firm lease term will be a composite determined from all
rent commencement dates.
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 times 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 term 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(JUN 20126)
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.
Nothing in this lease shall be construed as relieving Lessor from liability for damage to, or destruction of, property
of the United States of America caused by the willful or negligent act or omission of Lessor.
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, State and local laws applicable to and enforceable against
LEASE NO. 27037DakotaCoMN INITIALS: { ( LESSOR & GOV'T
G A FORM 35178 PAGE 6(REV 06/161
EXHIBIT H
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 tie 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 Tls conforming to this Lease and the approved DIDs 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 Tls to the approved DIDs, 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 circumstances, 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 safety-related requirements of
this Lease.
17, 52.204-7 SYSTEM FOR AWARD MANAGEMENT(JUL 2013)
This clause is incorporated by reference.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013)
This clause is incorporated by reference.
19. 552.270-31 PROMPT PAYMENT(JUN 2011)
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.
11.
LEASE NO. 27037DakotaCoMN INITIALS: is- LESSOR& GOV'T
GSA FORM 35178 PAGE 7(REV 06/16)
EXHIBIT H
(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 date 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 Contractor's invoice is dated, provided a proper invoice is received
and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(b) Invoice and inspection requirements for payments 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.
(ii) 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),title, 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 date 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.
(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
LEASE NO. 27037DakotaCoMN INITIALS: (,),t1""
1 LESSOR& GOV'T
GSA FORM 35178 PAGE 8(REV 06/16)
EXHIBIT H
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
date 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, date(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. 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) •
(Applicable to leases over the micro-purchase threshold.)
(a) The Contractor, under the Assignment of Claims Act,as amended, 31 U.S.C. 3727, 41 U.S.C.6305
(hereafter referred to as"the Act"), may assign its rights to be paid amounts due or to become due as a result of •
the performance of this contract to a bank,trust company,or other financing institution, including any Federal
lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under
the original assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts
payable under this contract, and shall not be made to more than one party, except that an assignment or
reassignment may be made to one party as agent or trustee for two or more parties participating in the financing
of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document
(including this contract)or information related to work under this contract until the Contracting Officer authorizes
such action in Writing. •
21. PAYMENT(MAY 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:
(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
LEASE NO. 27037DakotaCoMN
INITIALS: 6) LESSOR& GOV'T
GSA FORM 3517B PAGE 9(REV 06116)
EXHIBIT H
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 reflect the amount of ABOA space delivered and the
annual rental will be adjusted as follows:
ABOA square feet 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)
This clause is incorporated by reference.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(OCT 2015)
(Applicable to leases over$5.5 million total contract value and performance period is 120
days or more.)
This clause is incorporated by reference.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES (JUN 2011)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
(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 fide 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 improper influence to solicit or obtain Government contracts
nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
(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
other fee 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 the Simplified Lease AcquisitionThreshold.)
This clause is incorporated by reference.
LEASE NO. 27037DakotaCoMN INITIALS: 04LESSOR& GOV'T
GSA FORM 3517B PAGE 10(REV 06116)
EXHIBIT H
26. 52.223-6 DRUG-FREE WORKPLACE(MAY 2001)
(Applicable to leases over the Simplified Lease Acquisition Threshold, as well as to leases
of any value awarded to an individual.)
This clause is incorporated by reference. •
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
(Applicable to leases over$5.5 Million total contract value 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 (O—
M 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
GSA Office of Inspector General"FRAUDNET HOTLINE Contracting Officer
(Contracting Officer shall insert--
(i) Appropriate agency name(s)and/or title 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$5.5 million, except when the subcontract—
(1) Is for the acquisition of a commercial item;or
(2) Is performed entirely outside the United States.
28. 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(JUN 2011)
• (Applicable to leases over the Simplified Lease Acquisition Threshold.)
LEASE NO, 27037DakotaCoMN INITIALS: 60 LESSOR& GOV'T
GSA FORM 361713 PAGE 11 (REV 06/16)
EXHIBIT H
(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 profit 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
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 representative, 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 under this lease.
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(AUG 2011)
(Applicable when cost or pricing data are required for work or services over$750,000.)
This clause is incorporated by reference.
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—
(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-
7 I
LEASE NO. 27037DakotaCoMN INITIALS:t1,-1 LESSOR& GOV'T
GSA FORM 3517E PAGE 12(REV 06116)
EXHIBIT H
(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing
data(48 CFR 15.403-4)and
(2) The Lessor's representative, all Contractors, and subcontractors whose portion of the
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 rate;
(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
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 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
rates established for uniform applicability to the general public.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION(OCT 2010)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
LEASE NO. 27037DakotaCoMN INITIALS: 0/aLESSOR& GOV'T
GSA FORM 3517B PAGE 13(REV 06/16)
EXHIBIT H
34. 52.233-1 DISPUTES (MAY 2014)
This clause is incorporated by reference.
35. 52.222-26 EQUAL OPPORTUNITY(APR 2015)
This clause is incorporated by reference.
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
This clause is incorporated by reference.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(Applicable to leases exceeding the micro-purchase threshold.)
This clause is incorporated by reference.
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS(OCT 2015)
(Applicable to leases$150,000 or more,total contract value.)
(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$150,000 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 Programs, to enforce the terms, including
action for noncompliance. Such necessary changes in language may be made as shall be appropriate to
identify properly the parties and their undertakings.
39. 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(Applicable to leases over$15,000 total contract value.)
(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
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(Applicable to leases$150,000 or more,total contract value.)
This clause is incorporated by reference.
LEASE NO. 27037DakotaCoMN INITIALS: 6k LESSOR& GOV'T
GSA FORM 3517B PAGE 14(REV 06116)
EXHIBIT H
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(OCT 2015)
(Applicable to leases over$35,000 total contract value.)
This clause is incorporated by reference.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
(Applicable if over$750,000 total contract value.)
This clause is incorporated by reference.
. 43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference,
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN(OCT 2015)ALTERNATE III(OCT 2015)
(Applicable to leases over$700,000 total contract value.)
This clause is incorporated by reference.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$700,000 total contract value.)
•
This clause is incorporated by reference.
46. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2015)
(Applicable if over$30,000 total contract value.)
This clause is incorporated by reference.
47. 552.219-73 GOALS FOR SUBCONTRACTING PLAN(JUN 2005),ALTERNATE I (SEP 1999)
(Applicable if over$700,000 total contract value.)
This clause is incorporated by reference.
•
•
•
LEASE NO. 27037DakotaCoMN INITIALS: /" LESSOR& GOV'T
GSA FORM 35178 PAGE 15(REV 06116)
EXHIBIT I
ADDENDUM to the System for Award Management(SAM) Request for Lease Date
REPRESENTATIONS AND CERTIFICATIONS(Acquisitions Proposals Number
of Leasehold Interests in Real Property) 27037DakotaCoMN I I� 17
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The "Offeror,"as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2)The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
oter 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.
N Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION)(OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012(Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014(Pub. L.
113-16)none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability,where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government,or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months,where the awarding agency is aware of the conviction,unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is[]is nota corporation that has any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or
LEASE NO.27037DakotaCoMN INITIALS: 'P J LESSOR& GOV'T
GSA FS°' 3.18-SAM PAGE 1 (REV 01/16)
EXHIBIT I
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 D(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.
3. OFFEROR'S DUNS NUMBER q
(a) Enter number: ,OS p 5 0 q ? I,/
(b) An offeror may obtain a DUNS number(i)via the Internet at
htto://fedaov.dnb.com/webform or if the offeror 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 office.The offeror•should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and Bradstreet office.
•
OFFEROR OR NAME,ADDRESS(INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED (1�� h/1C�������
REPRESENTATIVE IJ t Y l
LJ d OD 11'6 fd sl-. 6,51-2-go-b8s
(n ck -
Yn� I1-{ � Ind rvlki 5.502yq
•
ir 66117
ignature Date •
LEASE NO.27037DakotaCoMN INITIALS:�S ESSOR& GOV'T
GSA FORM 3548-SAM PAGE 2(REV 01/16)
EXHIBITJ
PROPOSAL TO LEASE SPACE ProRpeosal(RLP)Numbersor Lease 27037DakotaCoMN DATED I I 15 ill
SECTION I - DESCRIPTION OF PREMISES (
1. BUILDING a. Building Name b. Building Street Address
DESCRIPTION
Cs+LjQ t ( •Hai
{f k ,rd 5{-reef-
c. City d. State e. 9-Digit ZIP Code f. Con ressional District
FRNA I1JC&ToKi M N 55o2A - 135S
2a. FLOORS OFFERED 2b. TOTAL NUMBER 3. TOTAL RENTABLE SPACE IN OFFERED BUILDING
OF FLOORS IN BUILDING
a. GENERAL PURPOSE b. WAREHOUSE C. OTHER
l (Office) /+� /�
2Q SF ( J SF �.L SF
4. LIVE FLOOR LOAD 5. MEASUREMENT 6. YEAR OF LAST 7. BUILDING AGE 8. SITE SIZE
METHOD MAJOR RENOVATION
11ifipIicable) �y�
5o Pounds per SF egANSI/BOMA r'V firs LII
,g3 SF
❑OTHER i,.0g Acres
SECTION II - SPACE OFFERED{ 1AND RATES I _%
9. ANSI/BOMA OFFICE AREA 2.y Z-70 10. RENTABLE SQUARE FEET 2'b t 1/ 11. COMMON AREA FACTOR(CAF)
SQUARE FEET(ABOA) (RSF) 'TT
'Tenant Improvements'are all alterations for the Government-demised area above the building shell buildout,excluding costs identified as tenant Improvements in the Security Unit Price
List. : '. -- -,:-,• ••-. ,_ -.• - • • - .•- .•• • .- .-•:•:- - • • •: -• : -- • .- Neither the Tenant Improvements as stated In Block 12,nor-the
are to be included in the shell rent. .•. •• . •. ..... .. . .. ... . • , .. ... .-. ..
aseerdingly.Any desired rent increases or decreases beyond the firm term of the lease should be reflected in the shell rate and fully explained as part of this written proposal.If Tenant
: -- ... .. .. - The Offeror y trach addi8onel
pages as necessary.
Number of years each cost per square foot
is in effect.State any changes for any rent
component.
a. b. c. d. e. f.
BUILD-OUT COSTS PER AMORTIZATION AMORTIZATION ANNUAL RENT ANNUAL RENT NUMBER YEARS
CATEGORY TERM INTEREST RATE $PER RSF $PER ABOA SF RATE IS
(%) 1 r EFFECTIVE
12. TENANTIMPROVEMENTS
$1131500 1 0 c...
$ $5i r93(0
(per RLP requirements) 7 50338 I
1 .
(per RLP =-• -•••,i ts detailedalliiiiielilli.'
-,curity Unit Price $ $ $ 411111111111111.11111IIIIIII'
14. SHELL BUILD-OUT
(per RLP requirements) $4500
15. TOTAL BUILD-OUT COSTS $11�r 00Q —
16. SHELL RENT(Including real f t (- /�
estate taxes. Refer to Line 28 on $ 1 r 3 /q if $ J r 1956 0 l F;,J
GSA Form 12171 11
17. OPERATING COSTS(Refer to ////����
Line 27 on GSA Form 1217 $Lir�4 17 $6540199 o
18.TOTAL RATE/SF $1'r 31(-n $13,0155
19. TOTAL ANNUAL RENT $ 2915`f 5
PERSF RATE FOR YEARS PER SF RATE FOR YEARS PER SF RATE FOR YEARS
20. STEP RENT(SHELL RATES) $ ��"S O/RSF I( rnN 10 $ /RSF Thru- $ /RSF _Thru
$t� �a3/ABOA I $ /ABOA $ /ABOA
-
a. Number of parking spaces for the entire building/facility which are under the control of the Offeror: Co Surface Structured
b. Number of parking spaces required by local code: Surface Structured
21. PARKING c. Number of parking spaces for EmployeeNlsltor Use(per RLP): Surface Structured
d. Number of parking spaces for Official Government Vehicles(per RLP): a Surface Structured
e. Does the rental rate offered above Include RLP-required parking costs?
YES It NO❑ If NO, complete the following: Annual cost per space: $ Surface $ Structured
LEASE NO.27037DakotaCoMN PAGE 1 of 3 GSA FORM 1364(REV 09115)
INITIAL LESSOR& GOVT
EXHIBITJ
•
SECTION III - LEASE TERMS AND CONDITIONS
22. INITIAL LEASE TERM 2
(Full Term)
a. Number of Years b. Years Firm c. Number of Days 7701110,11P— C. ,r•• • r of D- •ice
Notice for Government to R O. ••.on..
�J Terminate Lease
IZo ..- -.11111111111
24. OFFER GOOD UNTIL AWARD 25. Space will be altered and delivered In accordance with the Government's
esspecifications and requirements In accordance with the Request for Lease Proposals
(RLP)and the lease.
28. COMMISSIONS(If al,.icable ATTR MICA,l!1Rttimoc.e,:.. .
a. — 11,.0 — ••••••7.- -
%a e, _ : ,. a ease occupancy
OFFEROR'S TENANT IMPROVEMENT FEE SCHEDULE' 28. ADDITIONAL FINANCIAL ASPECTS OF THE LEASE
• k 27 fees only applicable for TI subject to post-award pricing.;N/A for mkey Adjustment for Vacant Premises: y517/31perABOASF
pncl • HVAC Overtime Rate: $ n per hour per Ozone❑floor['space
(choose one)
a. Arch' turaVEngineedng fees will be(choose one):
❑ 1. $ per ABOA SF For rates based on a zone'basis,provide the following:
❑ 2. of Total TI construction costs Number of zones in offered Space:
❑ 3. 3 t fee Areas requiring 24 hour HVAC(LAN,etc.)$ per ABOA SF'
b. Lessor's Project Mane.- ent Fee will be percent of Total TI construction 'Only applies when the Government requires separate reimbursement for 24 hour
costs HVAC as described under Section 1 of the Lease. Otherwise,Include this cost In the
operating rent,as described under Section 8 of the Lease.
Building's Normal Hou HVAC Oation:
c. If other fees are applicable, eta' as per ABOA square foot, or if using a MondayFriday� � pe AM to PM
percentage,the basis for dete • ng -fee. —
Saturday _AM to PM
Sunday AM to PM/
The Government will :.: the cost of the propos,• TI fees to the net present Percent of Government Occupancy: /OO % .
value of the offers. ental rate as described In the - P's Present Value Price Current Year Taxes: $_0_
Evaluation par, ph. This schedule will be a••Iicable for Tenant
Improvemen - Based on fully assessed value? [Nes ❑No
Is the offered space part of multiple tax bills? Oyes ['No
If so,provide tax ID numbers and SF for each. Attach the legal description of the
offered property.
• If a site Is offered,state the total land costa: $
29. FREE RENT INCLUDED IN OFFER 30. LIST OF ATTACHMENTS SUBMITTED WITH THIS OFFER(See RLP requirements)
❑ 1. months free rent(Includes shell,operating,and TI rent)
❑ 2. Other rental concessions structured as follows
fill 3. None .
31. ADD,tTIONAL REMARKS OR CONDITIONS WITH RESPECT TO THIS OFFER ' ( v FFt<( f%�t; r1 $ 04e/t nq 4---r B l.<�e v l
con-fe/enc /00,'x 5 Ago oreuk roow, A- ND adetift`oLnai Cosi',}-,Jti f re,i ec:{�40in
. lea fropos4rare .
SECTION IV - OWNER IDENTIFICATION AND CERTIFICATION
32. RECORDED OWNER
a Name b. Ad r ss c. City . d. State e. ZIP+4
Wit tie FA�•�.rh)&Tn/.1 q30 mica b4-. FAtm/ij 6-7- iiU M N 65'024- ►355-
33. 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.
JJ3 I have read the RLP with attachments in its entirety and am requesting no deviations.
34. Offeror's Interest in Property
❑Owner IIIAgent ❑Other
35. OFFEROR ❑Check If same as Recorded Owner
a.DN A mC r t b. Address 1j3 l(4 6r ee� a City d. State e. ZIP+4
!TY' ��Vl ° 'r fr F�b�M•In��Tv1� M 10 55-1)24-)3S5
f. TfBe j _ g. E-Mall Address ^'�^{• h.[Telephone Number
I�c�mlrlls ,� i)Mcknl,hfeci:a(m/i n.yvin . as 65!-760 - 4001
I. Of7 s Signature i..."( J. Date Signed
A /1-15.- -/1
LEASE NO.27037DakotaCoMN PAGE 2 of 3 GSA FORM 1364(REV 09/15)
INITIALS:LESSOR& GOV'T
•
EXHIBITJ
LEASE PROPOSAL DATA I In Response to Request for Lease Proposals(RLP)Number DATE:
27037DakotaCoNIN it
1 Offerors Interest in the Property:
Id Fee owner 0 Other:
Attach evidence of Offeror's interest in property(e.g.,deed)and representative's authority to bind Offeror.
2 Flood Plains:
The Property is❑ in a base(100-year)flood plain 0 in a 500-year flood plain fg not in a flood plain.
(See RLP Section 2,Flood Plains.)
3 Seismic Safety: The Building
RLP does not contain seismic requirements. No documentation required.
❑ RLP contains seismic requirements. The Building
El Fully meets seismic requirements or meets an exemption under the RLP
O Does not meet seismic requirements,but will be retrofitted to meet seismic requirements
❑ Will be constructed to meet seismic requirements
❑ Will not meet seismic requirements
(See RLP Section 2,Seismic Safety.) Attach appropriate documentation.
4 Historic Preference: The Building is a
0 Historic property within a historic district.
ki Non-historic developed site or non-historic undeveloped site within a historic district.
El Historic property outside of a historic district.
0 None of the above.
(See RLP Section 2,Historic Preference.) Attach appropriate documentation.
5 Asbestos-Containing Material(ACM): The Property
X Contains no ACM,or contains ACM In a stable,solid matrix that is not damaged or subject to damage.
El Contains ACM not in a stable,solid matrix.
(See RLP Section Z Asbestos.)
6 Fire/Life Safety:
The Propertyp Meets 0 Does not meet Lease fire/life safety standards.
i I
(See RLP Section 2,Fire Protection and Life Safety.)
7 Accessibility:
The Property pd Meets 0 Does not meet Lease accessibility standards.
(See RLP Section 2,Accessibility.)
8 ENERGY STAR®: The Building
0 Has received the ENERGY STAR®Label within the past twelve months. Date(MM-DD-YYYY):
je Has not received the ENERGY STAR®Label within the past twelve months;the Offeror has evaluated energy savings
measures and
RI Determined that none are cost effective.
0 Determined that the following are cost effective(Attach additional pages):
(See RLP Section 2,Energy Independence and Security Act.)
9 Waiver of Price Evaluation Preference. A HUBZone small business concern(SBC)Offeror may elect to waive the price
evaluation preference provided in Section 4 of the RLP. in such a case,no price evaluation preference shall apply to the
evaluation of the HUBZone SBC,and the performance of work requirements set forth in Section 1 of the Lease shall not be
applicable to a lease awarded to the HUBZone SBC Offeror under this solicitation. A HUBZone SBC desiring to waive the
price evaluation preference should so indicate below.
❑ I am a HUBZone SBC Offeror and I elect to waive the price evaluation preference.
(See RLP and Lease documents for more Information)
LEASE NO.27037DakotaCoMN PAGE 3 of 3 GSA FORM 1364(REV 09115)
INITiALS. LESSOR& GOV'T
AMENDMENT OF SOLICITATION PAGE of PAGES
(Negotiated Procurements) 1
NOTICE: Offerors must acknowledge receipt of this amendment in writing by the date and time specified for proposal
submissions or the date and time specified in Block 6, whichever is later. IF YOUR ACKNOWLEDGEMENT IS NOT RECEIVED
AT THE DESIGNATED LOCATION BY THE SPECIFIED DATE AND TIME, YOUR OFFER MAY BE REJECTED. If by virtue of this
amendment you wish to change your offer, such change must make reference to the solicitation and this amendment and be
received prior to the date and time specified In Block 6.
I. AMENDMENT
1.SOLICITATION NUMBER 2. SOLICITATION DATE 3.AMENDMENT NUMBER 4.AMENDMENT DATE
27037DakotaCoMN 06/16/2017 1 09/22/2017
5.ISSUED BY 6. DUE DATE
Jen Frohnauer THIS AMENDMENT DOES NOT CHANGE THE DATE BY WHICH OFFERS ARE
USDA-FSA DUE UNLESS A DATE AND TIME IS INSERTED BELOW
375 Jackson St,Suite 400 A. DATE B. TIME
St Paul,MN 55101
(651)602-7703 October 6,2017 3:30 PM Central
,len.Frohnauerfamn.usda mov
7. FOR INFORMATION CALL(No collect calls)
A. NAME B. TELEPHONE C. EMAIL ADDRESS
AREA CODE PHONE NUMBER
Megan Cattey,CBRE Mecan.Cattev(t9cbre.com
1861 International Drive,Suite 300,McLean,VA 22102 (703) 852-6209
8. DESCRIPTION OF AMENDMENT
RLP Paragraph 3.06,Sub-paragraph 0 shall here by amended and replaced with the following:
0. First generation plans scaled at a minimum of 1/8"=1'-0"(preferred)shall be submitted for review and consideration and meet 0.1 through 0.5 noted
below. Plans submitted shall be clearly drawn with a straight edge and have interior dimensions indicated.
1. All plans submitted for consideration shall include floor plan(s)for which Space is being offered and floor plan(s)of the floor(s)of exit discharge
(e.g.,street level(s)).Each plan submitted shall include the locations of all exit stairs,elevators,and the Space(s)being offered to the Government.
In addition,where Building exit stairs are Interrupted or discontinued before the level of exit discharge,additional floor plans for the level(s)where
exit stairs are interrupted or discontinued must also be provided.
2. Within 10 working days after Lease Award,plans shall be submitted that have been generated by a Computer Aided Design(CAD)program
which is compatible with the latest release of AutoCAD. The required file extension is.DWG. Clean and purged files shall be submitted on CD-ROM
or by other electronic means. Plans shall include a proposed corridor pattern for typical floors and/or partial floors. The CAD file showing the offered
Space should show the Poly-Line utilized to determine the square footage on a separate and unique layer. All submissions shall be accompanied
with a written matrix indicating the layering standard to verify that all information is recoverable. All architectural features of the Space shall be
accurately shown.
3. All architectural features of the Space shall be accurately shown. If conversion or renovation of the Building is planned,alterations to meet this
RLP shall be Indicated.
4. Plans shall reflect corridors in place or the proposed corridor pattern for both a typical full(single-tenant)floor and/or partial(multi-tenant)floor.
The corridors in place or proposed corridors shall meet local code requirements for issuance of occupancy permits.
5. USDA will review all plans submitted to determine if an acceptable level of safety is provided. In addition,USDA will review the common corridors
in place and/or proposed corridor pattern to determine whether these achieve an acceptable level of safety as well as to verify that the corridors
provide public access to all essential Building elements. The Offeror will be advised of any adjustments that are required to the corridors for
determining the ABOA Space. The required corridors may or may not be defined by ceiling-high partitions. Actual corridors in the approved layout
for the successful Offeror's Space may differ from the corridors used in determining the ABOA square footage for the lease award. Additional egress
corridors required by the tenant agency's design intent drawings will not be deducted from the ABOA square footage that the most efficient corridor
pattern would have yielded.
Except as provided herein,ell terms and conditions in the solicitation remain unchanged and In full effect
II. ACKNOWLDEGEMENT OF AMENDMENT
In lieu of other written methods of acknowledgement, the offeror may complete Block 9 and 10 and return this amendment to the address In
Block 5.
9. NAME AND ADDRESS OF OFFEROR 10A. OFFEROR(Signature of person auth d to sign)
C1411iinc-i-on
L t rd Sire&f 10B. -N ME OF SIGNER -{
EISS-D2_ — (55- ,OC. TITLE F SIG 1UREc met 1'
4-r' 11�1?* I lJ
Ca y NIX PA t n 4 Sika {ter
10D. DATE
I6r-Zis-aaf7
AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 309(9-97)
Prescribed by GSA-FAR(48 CFR)53.215-1(g)
A � City of Farmington
(611... 430 Third Street
Farmington, Minnesota
65l.280.6800 -Fax 651.280.6899
-•,,., www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: 2018 Legislative Priorities
DATE: January 12, 2018
INTRODUCTION
The city council is being asked to consider establishing legislative priorities for 2018 that we can share with
our legislative delegation. The city council has not set these type of priorities for many years.
DISCUSSION
I asked department heads to submit potential legislative priorities for the city council to consider when
setting your legislative priorities. The items that were submitted are listed below. In addition, I have listed
the League of Minnesota Cities 2018 legislative priorities.
League of Minnesota Cities
1. Bonding(water, housing and transportation)
2. Broadband Policy and Funding
3. City Street Funding
4. Email Retention
5. Funding Local Government Aid
6. Housing
7. Pension Sustainability
8. Preemption/Local Control
9. Sale Tax Exemption on Construction Materials
10. Urban Forest Management Funding
Parks and Recreation
1. Allow sales tax exemption on purchase of construction materials by a contractor when doing project
work for cities.
2. Funding state grant programs for park, trail, open space and recreation facility improvements.
3. Continued funding for the Minnesota Statewide Health Improvement Plan(SHIP).
Engineering
1. Road and trail funding needs for both reconstruction and growth related projects.
o Increase options for municipal funding of road projects such as allowing creation of street
improvement districts, broadening impact fee authorizations or allowing street utilities.
• Funding to assist cities burdened by cost participation responsibilities imposed by
improvement projects on the state's principal arterial system and on the county state aid
highway system.
2. Urban forest management funding(EAB).
3. Municipal public water study.
o Continue work towards water supply sustainability making good use of existing studies, data
and municipal water supply staff expertise and collaborative efforts.
o Maintain current law granting local authority to regulate private wells by city ordinance.
Police
1. Annually the police department is asked to submit a report of spending towards annual training. This
number is usually in excess of$100,000. We typically see less than $10,000 in reimbursement and are
looking for increased training reimbursement from the POST Board.
2. As the chief law enforcement officer, the police chief is charged with investigating all permits to
purchase. There are occasions when the permit request should be scrutinized further based on law
enforcement contact and knowledge of the applicant.
3. Requests for public data can and do required a large time and staff commitment. We would like to
see a review of state rules regarding the data request process and response.
Community Development
1. Fully fund establish statewide economic development programs.
2. Support broadband initiatives.
3. Support election change priorities:
o Streamlining the absentee voting process
o Require individuals who want there write in votes counted to file a formal request with the city
to do so.
Administration
1. Funding for railroad quiet zones.
2. Opposition to any state mandates that erode local control and authority.
3. Metropolitan Council governance improvements to include city participation in appointments,
staggered terms and other possible improvements to this appointed board.
4. Efforts to help stabilize city finances including continued funding of local government aid dollars and
efforts to help stabilize local government pension programs.
It is my recommendation that the city council develop a short list of their immediate and most important
legislative priorities that can be shared with Senator Little and Representative Garofalo.
BUDGET IMPACT
TBD
ACTION REQUESTED
Discuss the possible legislative priorities the city council may have for 2018 and develop a list that we can
share with our legislative delegation.
ATTACHMENTS:
Type Description
n Backup Material Economic Development Programs
❑ Backup Material Elections Changes
! f 49
'€ }h 1.t f
• EDAM 2017 L \ '
•
•
Ff'� ' x.
tI 11
it
14 I
t"A
LEGISLATIVE PRIORITIES
MINNESOTA INVESTMENT FUND BROADBAND INFRASTRUCTURE
MIF is a proven financing program that has resulted in EDAM believes that broadband is critical infrastructure for
projects in both Greater Minnesota and the Metropolitan future economic development, particularly in rural parts
Areas. This program has a strong history of using state loan of Minnesota.The Governor's Broadband Task Force was
dollars to leverage private sector investment to fuel job created to identify and report to the governor and legislature
creation, business expansion and the creation of new tax ways to increase access and adoption of broadband in all
base by Minnesota businesses. MIF is a unique financing tool communities—urban, rural and suburban. EDAM supports
as repayments of the loan seed local revolving loan funds identifying and implementing strategies to continue the
which are then used to leverage additional private financing growth of advanced broadband networks in unserved and
and more economic growth. Minnesota communities rely on underserved parts of the state as defined by DEED's Office of
this program to remain competitive with neighboring states in Broadband Development.Specifically, EDAM believes the
their efforts to bring jobs and tax base to Minnesota.EDAM State of Minnesota should work towards:
supports the continued funding of MIF annually at stable and • applying the best practices learned from the 2016 grant
sustainable levels, program and continue the program as recommended by
the Governor's Broadband Task Force;
JOB CREATION FUND • offering incentives to private sector service providers to
JCF is a performance-based program that has proven to be respond to local or regional needs and to collaborate
a solid complementary program to MIF.JCF encourages with cities and counties to deploy broadband
business investment and job creation by providing awards infrastructure capable of delivering sufficient bandwidth
after the business meets performance commitments related and capacity to meet immediate and future local needs;
to capital expenditures over$500,000, and job creation • developing public/private collaboration processes to
at measurable wage levels as defined by the state.Without achieve state broadband goals, including partnerships
this program we are putting Minnesota at a competitive and cooperation in providing broadband services and
disadvantage compared to our neighboring states. EDAM infrastructure; and
supports the continued funding of JCF as an important tool • streamlining right of way procedures and fees for
that enhances accountability and transparency of business broadband providers.
financing in the state.
REDEVELOPMENT GRANT PROGRAM/
DEMOLITION LOAN PROGRAM
DEED funds redevelopment projects through the Redevelop-
ment Grant Program and Demolition Loan Program.These
funding mechanisms are vital to the growth and sustainability CELEBRATING
of communities as they remove financial barriers that exist on
blighted sites that make redevelopment unfeasible. Funds are 'ADAM
used to demolish blighted buildings and to prepare dilapidat-
ed sites so that business expansions, new business develop-
ment, mixed use projects and redevelopment can occur. The
measurable results of these projects include creating quality YEARS Economic Development
jobs, removing blight and increasing the tax base. EDAM 1 9 67-2 01 7 Association of Minnesota
supports the continued funding of these programs annually at
stable and sustainable levels.
..
, ..
,i-..,
EDAM 2017 LGISLATIVE POLICY
,.,
i......... 7...: ,
IN
. . 11111111: 1 t.._ Mt
i .
WHO IS EDAM?
The Economic Development Association of Minnesota (EDAM)
a, is a statewide association representing more than 500 public
�' ,- - and private sector professionals involved with implementing
1 *�, r---LO
state, regional or local economic development initiatives. Our
F _ — - -- - legislative policies are shaped by members' unique experience
; and understanding of the tools and tactics that are most effec-
tive in positioning and marketing Minnesota as a location for
*r 1
corporate, small business, housing and community investment.
EDAM'S VISION
J
Economic development creates and retains jobs and increas-
es incomes.This is done through supporting business expan- -:-.,� t , ,
sion and entrepreneurship, promoting business development -
� � '„' ': ,,,,
and retention, developing infrastructure, marketing to target- -
ed industries and enhancing human capital. EDAM members !•' r
support continued investment in economic development L-.." $ , l i f'
programs so that Minnesota remains competitive with other /, ,0/�+� , '._ ji
jurisdictions, both nationally and internationally. I � ,/ i � 4 ,
;;;tte,
so," _
�' 40 .1
Of'',,,';, i
/° ECONOMIC DEVELOPMENT
//// \ -p ASSOCIATION OF MINNESOTA
`" 1000 Westgate Drive, Suite 252
`_ • Saint Paul, MN 55114
£ x Tel 651-290-6296 I Fax 651-290-2266
-. '~ i www.edam.org I info@edam.org
v
1 SD-65-1. Election Issues (Elections Task Force)
2 Issue: Cities play an important role in administering state and federal election law and
3 conducting voting activities.
4 Response:In order to strengthen the effectiveness of local election administration,the
5 Legislature should:
6 a) Seek the input of cities,townships,counties,and school districts on proposed changes to
7 voter registration and election law;
8 b) Expedite court action to resolve candidate eligibility related to residency in errors and
9 omissions proceedings;
10 c) Eliminate redundant audio testing of AutoMARK voting equipment by election judges
11 in precinct polling places on Election Day;
12 d) Repeal requirements for precinct election judges to count blank ballots in each shrink-
13 wrapped ballot package as they are opened in the polling place; and
14 e)—Shorten the deadline for major political parties to provide lists of persons interested in
15 serving as election judges to election officials to within one month (30 days) following
16 precinct caucuses;;; and
17 #jet . . ..
18
19 SD-66-1. Administering Absentee Balloting (Elections Task Force)
20 Issue:Eligible voters in Minnesota may vote by absentee ballot prior to Election Day. Starting
21 46 days before the election, a voter can request an application for an absentee ballot and if
22 approved,receive and cast an absentee ballot in one visit to their county or city election
23 offices. Ballots can also be requested, applied for and received by mail and returned by the voter
24 to the election office by 3:00 pm on Election Day or by 8:00 pm on Election Day if delivered by
25 mail or package delivery. Absentee balloting results are not known until combined with polling
26 place results when the polls close on Election Day.
1
1 For those voting absentee in-person,the absentee ballot application process is burdensome and
2 confusing as voters expect the same process they encounter in their polling place on Election
3 Day. The application process should be replaced by having the voter verify their identity on a
4 paper or electronic roster. Currently electronic signatures are not allowed by state law;having
5 the authority to use electronic signatures would make the process more efficient. Streamlining
6 the voter check-in procedures would increase efficiency and decrease the time voters spend in
7 line waiting to cast their absentee ballot.
8 Seven days before Election Day, elections administrators can begin processing absentee ballots
9 received by mail and in-person absentee voters can place their ballots directly into a tabulator.
10 For those who vote in-person absentee prior to the seven days before Election Day. there is
11 confusion and in some cases. frustration that they are not allowed to place their ballots directly
12 into a tabulator. To improve the voter experience and respond to the voter demand to vote early.
13 this time period should be increased from seven to the full 46 days before Election Day.
14 CurrentlyAdditionally, a voter can request to place their ballot in a series of envelopes similar to
15 those returned by mail to be processed after they have left the building. -: ' . ' •
16 - b ! - • - _ • . . . their ballot into a tabulator, Hew, if any,voters request
17 to place their ballot into envelopes.
18 State law allows alternative sites for conducting absentee balloting but requires that these sites
19 remain open for the full 46 days prior to Election Day. For some jurisdictions. staffing
20 alternative sites for the full 46 days is not efficient as these sites may be underutilized until closer
21 to Election Day. Cities should be able to determine the length of time most appropriate for
22 alternative sites to meet the voting demands of their residents. As required by state law,voters
23 would maintain the ability to vote in-person absentee during the full 46-day period at city halls.
24 ! . - ' • . ' . ' - •. !: . - • - • - - . .
25 • : - _ •._ - .. . b
26 . . . . .. . . .. -• - - •- -
27 --- : . - . , ' -• : 'ould be increased from seven to 14 days before Election
28 Davy:
2
1 Current law allows for in-person absentee voting until 5:00 p.m. on the day before Election Day.
2 This does not leave adequate time for election officials to process absentee ballots,prepare
3 supplemental lists indicating which voters have already cast absentee ballots and deliver the lists
4 to precincts prior to opening of the polls on Election Day. The current absentee voting process
5 further requires that additional supplemental lists of final absentee voters be delivered to the
6 polls after the last mail delivery on Election Day and often leads to administrative challenges and
7 increased potential for errors in the process.
8 As more and more voters choose to vote early with absentee balloting, improvements must be
9 made to increase efficiency of administering absentee balloting before Election Day,reduce the
10 potential for errors, and to improve voter experience.
11 Response:The League of Minnesota Cities supports:
12 g)fleing-Reviewing the current in-person absentee ballot application process to
13 determine if paper, electronic or a combination of the two application processes would
14 be more efficient and be preferable to voters ' • . • •• • .
15 ! . ,
16 . . , . .. . , . ;
17 g) Increasing the time period that an in-person absentee voter can place their ballot
18 directly into a tabulator from seven to 46 days;
19 h) Eliminating the option to place an in-person absentee ballot in a series of envelopes
20 instead of a tabulator;
22 .• •• • . . . . . . . • • • i to 14-days;
23 jai)Allowing alternative in-person absentee voting sites to be established for less than-14
24 . • • . • . _ • ! . . of-the full 46 days currently required by state law;
25 le)j) Establishing an earlier deadline for ending in-person absentee voting;
26 1)jelRevising absentee ballot regulations to allow any person 18 and older to witness the
27 absentee process and sign the envelope as a witness; and
28 rn-)l) Authorizing cities with health care facilities to schedule election judges to conduct
29 absentee voting at an earlier date in health care facilities.
3
1 68-1. Write-in Candidates in City Elections (Elections Task Force)
2 Issue:For federal, state and county offices,write-in candidates are totaled together as one
3 number for write-in votes. If a candidate wants the write-in votes to be individually recorded,the
4 candidate must file a written request with the Secretary of State no later than seven days before
5 the general or special Election Day. This provides any declared write-in candidate the same
6 provisions for tabulation as a candidate whose name is printed on the ballot.Because this
7 requirement does not exist in city elections, city election officials are required to take
8 considerable time and resources to count and individually record write-in votes cast, many of
9 which are frivolous.
10 Response:The League of Minnesota Cities supports legislation to: gigive cities the option
11 to require that write-in candidates for local elective offices file a formal request with the
12 chief election official at least seven days before the city election if they wish to have their
13 write-in votes individually recorded and b)allow the city clerk to only compile and report
14 write-in votes for specific candidates if the total number of write-in votes for an office is
15 greater than or equal to the number of votes received by the candidate appearing on the
16 ballot receiving the fewest number of votes.
17 SD-72-1. Election Judge Recruitment and Retention (Elections Task Force)
18 Issue: In 2014,just overNearly 2-8,60030,000 Minnesotans served as election judges. The
19 recruitment and retention of election judges is a significant and essential component of
20 administering elections throughout the State of Minnesota.
21 State statute requires that precincts with more than 500 registered voters be assigned at least four
22 election judges and those with fewer than 500 registered voters be assigned at least three election
23 judges. Minn. Stat. § 204B.21 requires that at least two election judges in each precinct serve
24 with a different major political party designation, except for student trainee election judges.The
25 remaining election judges in a precinct can serve without an affiliation to a major political party
26 and no more than half the judges in a precinct may belong to the same major political party.
27 Increasingly,political party affiliation has proven to be unnecessary for appointed city clerk and
28 hired city staff serving as election judges during the absentee balloting time period. Political
4
1 party affiliation is also unnecessary in city special elections when offices on the ballot are
2 nonpartisan.
3 Minn. Stat. § 204B.19 allows high school students to be excused from school to serve as a
4 trainee election judge if the student submits a written request signed and approved by the
5 student's parent or guardian to be absent from school and a certificate from the appointing
6 authority stating the hours during which the student will serve as a trainee election judge to the
7 principal of the school at least ten days prior to the election.This process is not currently
8 extended to college students which has proven to be a barrier for recruiting college students to
9 serve as election judges. Additionally, teachers and college faculty are also allowed to take time
10 off of work to serve as an election judge.
11 Response: To ensure state requirements are met and to expand the opportunity of serving
12 as an election judge to others,the League of Minnesota Cities supports the following
13 changes:
14 n)m) Eliminate the party balance requirement of appointed clerks and hired staff
15 administering absentee balloting prior to Election Day and for city special elections;
16 e)n) Eliminate the party balance requirement for elections where only nonpartisan
17 offices and/or ballot questions are on the ballot; and
18 2LAuthorize college students to get time off from classes if they have been appointed to
19 serve as an election judges.
20 p) Allow the two election judges on teams designated by the city clerk for health care
21 facility voting to be affiliated with a major political party,a minor political party or no
22 political party,as long as both judges are not affiliated with the same political party;
23 and
24 p)q) Allow election judges who are appointed to serve at a polling place on Election Day
25 to be affiliated with a major political party,a minor political party or no political party~
26 as long as not more than half of the judges are affiliated with the same political party.
5
1 - ! •. • _• • •_ • • • . . 'on-(Elections Task Force)
2 •. • . . • .. . - _ • . .
•
3 to an even year election cycle to increase. • • • : : ••-• -• - . - - - - - -- •
4 • •- ••• _ . . . . . . • b _
5 - . . . . . . . - .. : at a regular meeting held before June 1 of any year. This
6 language has recently been interpreted it .• . • • •_ .• •. • • . '
7 31 of any year but this specificity is not reflected in statute.
8 When a city council passes an ordinance •_• • -. • . - -• •. •:-, • •
9 - - • ! .• : - '' - :! .. : • .. -
10 . . .. . _ . .
11 . . • ... . -
12 • -- ' • b• . • •. . • • has 10 days to reject or approve the petition. If the
13 •: - . .• .• . -• not become effective until voters approve it in a general
14 • • " - . :! :• tfter submission of the petition. Minn. Stat. § 201B.071
15 requires the Minnesota Secretary of Stat.. :.. • -_ • . • • - •
16 elections related petitions are circulated, signed, filed and inspected. Minn. R. 8205.1010 sets
17 -- . -- . . . . . ' • .. _
•
18 _ - • - - - .- .- • •, . .! . -, - .. - --
19 petitioners and city staff as they review i
20 If the city rejects the petition and the pet' - • • • • • , • • • • . '--
21 set forth in Minn. Stat. § 205.07. Leavin• . - • •-• • - - -• •• -
22 City's decision regarding a petition or el• - . : ; - • - -. • • • •
23 • ... •- - .... - . .
24 ' .. • . • . • . . . •. • • • : : . • . . • • .
26 . . • • • • • • . • • • rang Thi cl. de
27
28 . . _ _ . . .
6
1 . • . . • . " . . • , , •• •
2 • . . • , •• " , . . • . • •. • • • .
3 €ellowed;
4. • •• . . . ! •! • . •• . . • • •• • . !• :.! .
5 ,. , r , ! ! ! , • • • . • •• • • . • . • . • . . . .
6 . .
7
. •
9 the-eleetiion.
7
aoEEARA/i-v-,,,, City of Farmington
430 Third Street
iiiiii
Farmington, Minnesota
k1
651.280.6800 -Fax 651.280.6899
".•,,,,100+*'1 www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: David McKnight, City Administrator
SUBJECT: 2019 Budget and Budget Process
DATE: January 12, 2018
INTRODUCTION
I would like to spend some time discussing the 2019 budget, budget process and any high level direction
you may have at this point for the 2019 budget.
DISCUSSION
Since all of you have now been through at least one city budget cycle I wanted to spend time talking about
how it worked for the city council and if there are any changes you would like to see for the process we will
use in 2019.
In addition, any high level direction you may have on the 2019 budget before we perform any work on this
project is always appreciated.
BUDGET IMPACT
NA
ACTION REQUESTED
Share any thoughts you may have on the budget process to be used for 2019 and the 2019 budget in general.