AGENDA
ITEM
11 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: May 15, 2024
TO: Mayor and City Council
APPROVED BY: operana can wain cy Miner Clinton
REVIEWED BY: Carlos Campos, City Attorney
PREPARED BY: Liliana Falomir, Public Works Manager - Administrative / Tele SUBJECT: Authorize City Manager or Designee to Execute the Lease between U.S.
Customs and Border Protection and City of Calexico ("Lease") for the Construction, Operation and Maintenance of a Communications and Remote Video Surveillance System ("RVSS") Tower on City Owned Property at APN 058-180-021 (Nosotros Park) and to Deliver Such Further Documents and Instruments and Take Such Other Actions as may be Reasonably Required or Appropriate to Evidence or Carry Out the Intent and Purposes of the Lease.
Recommendation:
The City Council is requested to review and approve the Lease and authorize the City Manager or designee to execute the Lease Between U.S. Customs and Border Protection and City of Calexico and to execute and deliver such further documents and instruments and take all steps and sign all documents necessary to carry out the intent and purpose of the Lease.
Background:
The City of Calexico and the federal government, acting by and through the U.S. Customs and Border Protection's predecessor agency, the Immigration and Naturalization Service (INS), are parties to that certain Lease No. WRO-00-007, dated July 1, 2000 ("Original Lease") allowing U.S. Customs and Border Protection to construct, operate, and maintain a communications and remote video surveillance system (RVSS") tower in support of U.S. Border Patrol operations on a 400 sqft portion of the City owned property at APN 058-180-021, commonly known as Nosotros Park. The Original Lease commenced July 1, 2000 and expired on its own terms on June 30, 2020. U.S. Customs and Border Protection has continued to occupy the leased premises and operate the RVSS tower on a month to month holdover. U.S. Customs and Border Protection has continued to pay rent in accordance with the terms of the Original Lease, which is set at $1 per year. The U.S. Customs and Border Protection has requested to enter into a new lease agreement to allow them to continue to operate the RVSS facility.
Discussion and Analysis:
City staff, in coordination with the City Attorney's office, has drafted and negotiated the attached Lease. If approved, the new Lease will commence on both parties' execution, and the term will be back dated to April 1, 2024 and shall run for a period of four years and six months through September 30, 2028, with an option to renew for three (3) five-year terms. If all renewal terms are exercised the Lease will expire forever on September 30, 2043. The U.S. Customs and Border Protection will be permitted to continue operating, maintaining, repairing and improving the RVSS tower in support of the agency's operations solely for noncommercial governmental use.
The City may terminate the Lease for any reason by providing written notice at least 365 days prior to the intended termination date. U.S. Customs and Border Protection must obtain City consent to any substantive modifications to the RVSS or any new improvements.
On March 6, 2024, the City Council considered an earlier draft of the Lease, in which U.S.
Customs and Border Protection was to pay rent to the City at an increased rental rate of $1,500 per year with a 2% annual escalator. At its March 6th meeting, Council did not approve the agreement and requested that staff attempt to renegotiate a higher rent. Staff reengaged further negotiation and obtained an increased rental rate of $750 per month with a 2% annual escalator, for an initial rental rate starting at $9,000 per year.
On May 8, 2024, Council met in closed session to discuss the increased rental amount, and preliminarily approved the updated terms. In addition, Council requested that the Lease be brought to open session for its final review and consideration.
Fiscal Impact:
The U.S. Customs and Border Protection shall pay a rent to the City of $750 per month with a 2% annual escalator, for a total of $9,000 per year which will increase each year by 2%. This is an increase from $1 per year under the Original Lease.
Coordinated With:
City Manager's Office.
City Attorney's Office.
Public Works Department.
Attachments):
1. Expired Lease Currently inn Holdover
2. Lease Between U.S. Customs and Border Protection and City of Calexico. 2 ATTACHMENT NO. 1
•:
U.S. GOVERNMENT
Lease No. WRO-00-07
LEASE FOR REAL PROPERTY
(Short Form) Date:
NOV 1 3 2000
The LESSOR leases to tha UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on the terms stated herein, including the conditions of the reverse hereof.
1. LOCATION OF LEASED PREMISES:
Calexico, CA
2. DESCRIPTION OF LEASED PREMISES:
Camera site- No. 27- 32 degrees, 40 minutes, 17.91 seconds, Latitude North; 115 degrees, 31 minutes, 10.81 seconds, Longitude West, commonly known as the ballpark, on the upper bank of New River bottom adjacent to park Paseo subdivision
3. TERM: To have and to hold:
For the term beginning July 01,2000 through June 30, 2001, subject to termination and renewal rights as are ereinafter set forth, provided adequate funds are available from Congress for payment of rentals. The lease sha utomatically renew itself from year to year thereafter, unless either party has elected to terminate the leas
4. TERMINATION:
The Government or the Lessor may terminate this lease at any time by giving at least one hundred twenty (120) days written notice to the other party. Said notice shall be computed commencing with the day after the date of mailing.
5. RENTAL:
The Government shall pay the Lessor annual rent of $1.00 in arrears. Rent Checks shall be made payable to:
City of Calexico Phone: 760-768-2118
• 608 Heber Ave. Fax: 760-357-8048
Calexico CA 92231
6. SERVICES AND UTILITIES: (Enter "X" in box for each item to be provided by Lessor as part of lease
1. 1(1) Electricity [ 1(2) Power(Special Equipment) L 1(3) Other (Specify)
7. SPECIAL OR OTHER PROVISION(S) AGREED UPON:
The government shall pay the prorated share of electricity/ power.
LESSOR
hare
By:_
(Signature) (Signature)
UNITED STATES OF AMERICA
By: . She They
(See General Provisions)
INITIAL: L LESSOR
NOV 1 3 2000 ease No: Who 00 - 07
Administrative Center, Lagun:
GENERAL PROVISIONS:
8. No renewal shall extend the period of occupancy of the premises beyond twenty (20) years and provided further that adequate Congressional funding appropriations are available from year to year for the payment of rentals.
9. Should the Government hold over the expiration of the primary term, or any extension thereof, such tenancy shall be from month-to-month on all terms, covenants and conditions of this lease, provided adequate appropriations are provided by Congress for the payment of rentals.
10. The Government agrees to protect, indemnify and save the Lessor harmless from and against all claims, demands and causes of action of every kind and character that may arise by reason of the acts or omissions of Government agents, employees, representatives or subcontractors in connection with or arising out of the right granted herein to the Government insofar as such claims, demands, and causes of action are cognizable under Federal law and regulation provided, however, that nothing in this paragraph shall render the Goverment liable or responsible for any damages to property or from injury, including death, to persons caused by or arising out of the acts or omissions of Lessor, its agents, servants and employees. Lessor shall not be llable for any damages to the premises or equipment within the premises caused by theft or vandalism.
11. The Government reserves the right to install an approximate 70' galvanized steel monopole that will have surveillance cameras and microwave equipment mounted on it. The site will be approximately 20' x 20 with a cement and steel foundation in the middle of it. The foundation will be approximately 5' in diameter and 25' deep. Any equipment installed will remain the property of the Government and may be removed upon termination of this agreement without damage to the lessor's property. in the event of any damage to the Lessor's property, such damage, caused by the removal of the structure, will be repaired by the Goverment and the premises restored to its like original condition.
12. The Lessor agrees not to grant a similar agreement to any other party if such grant would in any way interfere with the Government's operations or enjoyment of Government's rights and privileges set forth herein. Government acknowledges that lessor has previously entered into lease agreements with communications companies such as NEXTEL, which have installed antenna and other communications equipment on the City's water tower. Government warrants to Lessor that its equipment and use of the lease premises will not Interfere with any activities of these companies.
13. During the term of this agreement, Lessor agrees that technical and maintenance employees and representatives and agents of the Government shall have at all times rights of ingress and egress (including the use of all existing roadways) to the premises for the purpose of installing, maintaining and repairing its equipment. The Government shall not be required to assume any expense in connection with the maintenance of said roadways.
14. Lessor shall not be liable for any failure, delay or interruption In performing Its obligations hereunder due to caused or conditions beyond Its control, including, but not without imitation thereto, floods, hurricanes, fites, utility fallures, strikes, boycotts, picketing, slow-downs, work stoppages or labor troubles of any other kind (whether affecting Lessor, its contractors or sub-contractors)).
15. Wherever in this Lease Agreement it shall be required or permitted that notice of demand be given or served by either party to this Lease Agreement on each other, such notice or demand shall be given or served and shall not be deemed to have been duly given or served unless in writing and forwarded, addressed to:
LESSOR GOVERNMENT
City of Calexico Immigration and Naturalization Service 608 Heber Ave. 24000 Avila Road
Calexico CA 92231 Laguna Niguel, Califomia 92607-0080
16. This Lease Agreement shall not be varied in its terms by oral agreement or representation, or otherwise than by an nstrument in writing of subsequent date hereto executed by both partles by their respective officers or other person dull aborized and provisions of this Lease agreement and the condions herein shall bind Lessor, their successors and
INITIALCAAL LESSOR
Lease No: WRO-00-07
NOV® 3 2000
2 ATTACHMENT NO. 2
CBP Lease No. HSBP-7223-L-DA1432
U.S. Customs and
Border Protection
CANO; OFAN
LEASE
BETWEEN
U.S. CUSTOMS AND BORDER PROTECTION
AND
CITY OF CALEXICO
THIS LEASE, which is entered into under the authority of 8 U.S.C. § 1103(b), is made and entered into by and between CITY OF CALEXICO (the "Lessor"), whose interest in the property hereinafter described is that of fee simple owner, and the United States of America, acting by and through U.S. Customs and Border Protection ("CBP"), together with CBP's agents, representatives, employees, contractors and subcontractors (collectively, the "Lessee"):
WITNESSETH: The parties hereto covenant and agree as follows:
WHEREAS, Lessor and the United States of America, acting by and through CBP's predecessor agency, the Immigration and Naturalization Service ("INS"), previously entered Lease No. WRO-00-007, which commenced on July 1, 2000(the "Prior Lease"), and provided INS the right to access and use certain property owned by the Lessor in Imperial County, California, to construct, operate, and maintain a communications and remote video surveillance system ("RVSS") tower in support of U.S. Border Patrol ("USBP") operations; WHEREAS, the final term of the Prior Lease expired on June 30, 2020, but CBP has continued to operate the RVSS tower on the Site and pay rent in accordance with the terms of the Prior Lease.
WHEREAS, CBP has an operational need to continue operating a communications and RVSS tower at the Site described herein, and is therefore seeking to continue leasing the Site, together with a right of access thereto, for the purposes of continuing to operate and maintain a communications and RVSS tower in support of USBP operations; and
WHEREAS, Lessor is willing to continue leasing said property to Lessee for the purposes described herein.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth in this Lease, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows:
1. Site. Lessor is the fee simple owner of a 121.2-acre parcel of land identified in Imperial County Clerk's Office, Parcel#058-180-021-000 (the "Property). The portion of the Property that is the subject of this Lease is 400 square feet, with approximate coordinates of Latitude: 32.671779 N, Longitude:
-115.520379W, as depicted on Exhibit A attached hereto and incorporated herein (the "Site"). 1 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
2. Permitted Use. During the term of this Lease, Lessee shall have exclusive (except as may otherwise provided herein) use of the Site to continue operating, maintaining, repairing and improving a communications and RVSS tower in support of USBP operations solely for noncommercial governmental use (the "Permitted Use"). Exhibit B ("Site Layout") to this Lease, attached hereto and incorporated herein, sets forth the apparatus that Lessee may place on the Site in carrying out the Permitted Use. Unless otherwise agreed to by the parties, any and all improvements, equipment, or property that are placed upon the Site by Lessee shall remain the property of Lessee and upon the expiration or earlier termination of this Lease shall be removed by Lessee.
2. Access to the Property. Lessor hereby agrees that Lessee's right of access across the Property for the purpose of exercising the Permitted Use, which is included as part of this Lease, as depicted on Exhibit A, may be exercised 24-hours-per-day, 7-days-per-week.
3. Term. The initial term of this Lease shall commence on April 1, 2024 (the "Lease Commencement Date"), and run for a period of four (4) years and six (6) months through September 30, 2028. Lessee may exercise the following Renewal Options: (a) a five (5) year renewal option commencing on October 1, 2028, (b) a five (5) year renewal option commencing on October 1, 2033, and (c) a five (5) year renewal option commencing on October 1, 2038. The renewal options shall run solely in favor of the Lessee, provided adequate funds are available from Congress for the payment of rentals. Exercise of any and all Renewal Options is within the sole discretion of the Lessee and may be accomplished by Lessee providing Lessor written notice of its intent to exercise a Renewal Option at least sixty (60) days prior to the expiration of any term (the "Lease Expiration Date"). All terms and conditions of this Lease shall remain the same during the Term unless otherwise provided herein.
4. Payment. Lessee shall pay Lessor rent in the amount of Seven Hundred Fifty Dollars ($750.00) per month during the initial term and any Renewal Options, prorated for any partial months. Two percent (2%) escalator should be applied to the base of the annual rent every year beginning October 1, 2024. Rent shall be payable in arrears and on the anniversary of the Commencement Date. If rent is not received within five (5) days of the date due, then Lessee shall pay interest in accordance with the Prompt Payment Act, 31 U.S.C. § 3901, et seq.
In order for CBP to make the rental payments required by this Lease, Lessor shall first promptly complete and return a Department of Treasury SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form, to the CBP address listed in Paragraph 32.
5. Utilities. Lessee is responsible for obtaining utility services that Lessee deems necessary to carry out the Permitted Use. Lessor agrees to take whatever actions are reasonably necessary to accommodate or facilitate Lessee's acquisition of the utility services that are required for Lessee to carry out the Permitted Use at the Site.
6. Real Estate Taxes. Lessor shall be responsible for the real estate taxes attributable to the Site. 2 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
7. Termination.
a) The Lessee may terminate this Lease for any reason during any term by giving at least a sixty (60) days prior written notice to the Lessor. No rent shall accrue after the effective date of termination. b) Lessor may terminate this Lease for any reason during any term by giving at least a three hundred sixty-five (365) days prior written notice to the Lessee. No rent shall accrue after the effective date of termination.
c) The Lease shall be terminated if funds are not made available for the continuation of the Lease in a fiscal year covered by the Lease. In such case, the parties agree that Lessee's termination costs shall be limited to the rental amount that Lessee would otherwise be required to pay pursuant to Paragraph 5 of this Lease during the 60-day notice period.
8. Limitation on Use. The Site may only be used by Lessee for the Permitted Use. In turn, Lessor agrees that it shall not take any action that will interfere with Lessee's Permitted Use of the Site.
9. Maintenance and Repairs. Lessee agrees that it shall be solely responsible for the maintenance, repair, and upkeep for any and all improvements, equipment, or other property it places upon the Site.
10. Non-Interference. Lessor shall not allow any condition to exist that would cause a conflict or be allowed to cause interference, failure, or interruption with the Permitted Use. Lessee shall give Lessor written notice of any interference, failure or interruption under this provision, and Lessor shall have thirty (30) days to cure the condition causing the interference, failure or interruption.
11. Compliance with Applicable Law. Lessee will comply with all federal, state, and local laws that are applicable to Lessee's exercise of the Permitted Use on the Property; provided, however, that nothing in this Lease shall be construed as a waiver of any sovereign immunity of the United States Government.
12. Removal of Lessee's Property. Upon the expiration or earlier termination of this Lease, and unless otherwise mutually agreed to by the parties, Lessee shall remove any improvements, equipment, or other property placed upon the Site by Lessee. Beyond the removal of Lessee's improvements, equipment, or property from the Site, Lessor shall have no right to require that Lessee restore the Property or the Site to any prior condition upon the expiration or termination of the Lease.
13. Sublease and Assignment. Lessee may not sublet any part of the Property, nor may Lessee assign all or any part of its rights or interests in this Lease. Lessee may not recognize an assignment of this Lease unless such assignment satisfies the requirements of the Assignment of Claims Act (31 U.S.C. § 3727 and 41 U.S.C. § 6305), and federal regulations found at 48 C.F.R. §§ 32.800 - 32.806.
14. Successors Bound. This Lease shall bind, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, and successors, and assigns.
15. Non-Waiver. The failure of either party to insist, in any one or more instances, upon the strict performance of any one or more of the obligations of this Lease, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this Lease or of the right to exercise such election, but the Lease shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. 3 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
16. Integrated Agreement and Modifications in Writing. This Lease and any exhibits hereto, 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 this Lease. No alteration or variation of this Lease shall be valid unless made in writing and signed by the parties hereto.
17. Alterations. In carrying out the Permitted Use, Lessee shall have the right during the Term of this Lease to make modifications to any improvements or equipment that are placed upon on the Site, to erect or place new improvements or equipment upon the Site, and to place signs upon the Site. Provided, however, that Lessee shall consult with Lessor and obtain Lessor's prior written approval regarding the placement of new improvements or equipment substantially different than that designated on Exhibit A or Exhibit B upon the Site. Lessor shall not unreasonably withhold its approval of new improvements that Lessee deems necessary to the Permitted Use. In the event that Lessee desires to materially change the Permitted Use, Lessee shall obtain Lessor's prior written permission.
18. Availability of Appropriations. In accordance with 31 U.S.C § 1341, 41 U.S.C. § 6301, and other applicable federal law, Lessee's obligations under this Lease are contingent upon the availability of appropriated funds from which payment for contract purposes can be made. The continuation of this Lease each fiscal year (October 1 - September 30) is dependent on the availability of funds for this purpose and the Lease shall be terminated, in accordance with Paragraph 9 above, if funds are not made available to continue the Lease in subsequent fiscal years. Nothing in this Lease shall be construed as implying that Congress will, at a later date, appropriate funds sufficient to meet rent payments.
19. No Waiver of Sovereign Immunity. Nothing herein shall require Lessee to perform any act or omission that would constitute a violation of law or federal fiscal policy. Lessor further acknowledges that no employee or contractor of the United States Government has the authority in law or the ability in fact to waive certain government rights (e.g., rights relating to or involving the sovereign immunity of the United States or rights pertaining to personal property). Nothing herein shall be construed as a waiver of the sovereign immunity of the United States.
20. Holdover. Should Lessee holdover after the expiration of this Lease, such tenancy shall be from month- to-month on all terms, covenants, conditions, and conditions of this Lease, provided adequate appropriations are provided by Congress for the payment of rent.
21. Governing Law. This Lease is governed by federal law.
22. Disputes. This Lease is subject to and governed by the Contract Disputes Act, 41 U.S.C. § 7101, et seq.
23. Condition of the Property. Notwithstanding anything herein to the contrary, Lessee agrees that it is familiar with the condition of the Site and warrants that it has made its own inspection of the Site and agrees that the foregoing is suitable to carry out the Permitted Use.
24. No Presumption Against Drafting Party. All parties have had the opportunity to draft, review and edit the language of this Lease, and thus no presumption for or against any party arising out of the drafting of all or any part of this Lease shall be applied in any action relating to, connected with, or involving this Lease.
25. Authority. Lessor covenants and represents that it is the lawful owner of the Property. By his or her execution hereof, each of the persons signing on behalf of the parties hereto hereby represents and warrants that each is fully authorized to act and execute this Lease on behalf of their respective party. 4 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
26. Quiet Enjoyment. So long as Lessee is not in default under this Lease, Lessee shall, subject to the terms of this Lease, at all times during the initial term and any Renewal Options, have peaceful and quiet enjoyment of the Site against any person or persons claiming by, through, or under Lessor.
27. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
28. Severability. Whenever possible, each provision of this Lease shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Lease shall be determined by a court of competent jurisdiction to be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Lease.
29. No Effect on Statutory Authority. Lessor acknowledges and agrees that nothing set forth herein shall be construed as having any effect or placing any limit on any statutory authority Lessee may have to access the Property for purposes of patrolling the border and enforcing federal law.
30. Federal Tort Claims Act. If the death of or injury to any person, or loss of or damage to any real or personal property of any person, is caused by Lessee, the liability, if any, of Lessee shall be determined in accordance with applicable law, including applicable provisions of the Federal Tort Claims Act (28 U.S.C. §8 2671 - 2680, as amended). Lessee's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained herein may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies.
31. Notices. All notices or other communications hereunder shall be in writing and shall be deemed duly given when delivered (or attempted delivery of the same is refused or cannot be affected at the last address of which notice has been provided pursuant to this Section) via messenger or nationally recognized overnight courier service, or United States Mail, postage prepaid, certified, return receipt requested, or e-mail.
If intended for Lessor, notices shall be addressed to:
City of Calexico
608 Heber Avenue
Calexico, CA 92231
Phone: (760) 768-2118
Email: [email protected]
If intended for the Lessee, notices shall be addressed to:
U.S. Customs & Border Protection
Office of Facilities and Asset Management (OFAM)
Tower Program Leasing Office
150 West Parkway, Suite 300
Euless, Texas 76040
Phone: (214) 771-2326
Email: [email protected]
or to such other place and with such other copies as either party may designate as to itself by written notice to the others.
5 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
32. No Third-Party Rights. This Lease does not, and should not be construed to, create any right or benefit, substantive or procedural, enforceable at law by a third party against the United States, its agencies, its officers, or its employees.
33. Prohibition Concerning Contracts with Members of Congress. The provisions of 41 U.S.C. § 6306 (Prohibition on Members of Congress making contracts with Federal Government), as such provisions may be amended from time to time, are hereby incorporated in this Lease by this reference, as if set forth
34. Headings. Section headings herein are included herein for the convenience of reference only and shall not constitute part of this Lease for any other purpose.
35. Exhibits. This Lease Agreement includes the following exhibits, which are attached hereto and made a part hereof:
a. Exhibit A - Site Survey and/or Access Route
b. Exhibit B - Site Layout and/or Site Photos
c. Exhibit C - (FAR 52.204-24) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
d. Exhibit D - (FAR 52.204-25) Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; (FAR Class Deviation 2020-02 Rev. 2) e. Exhibit E - (GSAR 552.270-33) Foreign Ownership and Financing Representation for High- Security Leased Space
f. Exhibit F - (GSAR 552.270-34) Access Limitations for High-Security Leased Space U.S. Customs and Border Protection shall be substituted for all references made to the General Services Administration (GSA) in the exhibits attached hereto.
[SIGNATURE PAGE(S) TO FOLLOW]
Lessor — Lessee
CBP Lease No. HSBP-7223-L-DA1432
COUNTERPART SIGNATURE PAGE TO LEASE
IN WITNESS WHEREOF, the Lessor and Lessee have caused this Lease to be executed as of the date first hereinabove written.
Lessor
CITY OF CALEXICO
By:
Printed Name: Lilliana Falomir
Date:
7 Lessor _ Lessee __
CBP Lease No. HSBP-7223-L-DA1432
COUNTERPART SIGNATURE PAGE TO LEASE
IN WITNESS WHEREOF, the Lessor and Lessee have caused this Lease to be executed as of the date first hereinabove written.
Lessee
U.S. CUSTOMS AND BORDER PROTECTION
By:
Yvonne R. Medina
Assistant Commissioner
Office of Facilities and Asset Management
U.S. Customs and Border Protection
Date:
8 Lessor — Lessee
CBP Lease No. HSBP-7223-L-DA1432
PAYMENTS SCHEDULE
Escalator Analysis Calculation
Site CA13198/CA10551L Tower Site-Ball Park, Land
Lease # HSBP-7223-L-DA1432 2.00%
Note: CBP Fiscal Yr. - Begins Oct 1 of Calendar YR
Tem Year FY Period Annual Monthly Change
1(6 months) 04/01/24 FY24 $4,500.00 $750.00 Start: 04/1/2024 10/01/24 FY25 $9,180.00 $765.00 $4,680.00
3 10/01/25 FY26 $9,363.60 $780.30 $183.60
10/01/26 FY27 $9,550.87 $795.91 $187.27
10/01/27 FY28 $9,741.89 $811.82 $191.02
10/01/28 FY29 $9,936.73 $828.06 $194.84
10/01/29 FY30 $10,135.46 $198.73
10/01/30 FY31 $10,338.17 $202.71
10/01/31 FY32 $10,544.93 $206.76
10 10/01/32 FY33 $10,755.83 $896.32 $210.90
11 10/01/33 FY34 $10,970.95 914.25 $215.12
10/01/3: FY35 $11,190.37 $932.53 $219.42
10/01/3! FY36 $11,414.18 $951.18 $223.81
10/01/36 FY37 $11,642.46 $970.20 $228.28
10/01/37 FY38 $11,875.31 $989.61 $232.85
10/01/38 FY 39 $12,112.82 $1,009.40 $237.51
10/01/39 FY40 $12,355.07 $1,029.59 $242.26
10/01/40 FY41 $12,602.17 $1,050.18 $247.10
10/01/41 FY42 $12,854.22 $1,071.18 $252.04
20 10/01/42 FY43 $13,111.30 $1,092.61 End: 09/30/2043 $257.08 All Federal Leases are Regulated to a Maximum Twenty (20) Year Duration. 1st Four (4) Year/Six (6) Month Period $42,336.36
2nd Five (5) Year Period $51,711.13
3rd Five (5) Year Period $57,093.26
4th Five (5) Year Period $63,035.58
Contract Total $214,176.33
9 Lessor Lessee _
CBP Lease No. HSBP-7223-L-DA1432
EXHIBIT A
15 9 22 14 & 23
TI7S, RIGE 58-18
57-002
BIRCH LAR 2-010 431:55
28 64 мм 19)
UNT 10 2 SERICAN 31.
(65)
R4з 5-25 NO. 1
F201E
- Legal er
ASSOTACS SUS CASAS DEL SOL
66 LS. S-15
@
CALE XICO
8.2,5 ÷-4
LAL ENCO CUTERNATIONAL ANSPORT
2-090-
INTERSATONAL GOER CLUB
" 23 men →
TOS FUBLIC RESERVE!
INTERNATIOHAL.
LEGAL DESCRIPTION
Camera Site No. 27
Ball Park
That portion of Section 15, Township 17 South, Range 14 East, San Bernardino Meridian, in the City of Calexico, County of Imperial, State of California, being more particularly described as follows:
Commencing at a concrete cylinder, tagged RCE 13484, in monument well on centerline of Linholm Avenue 60 feet north of centerline of West Sherman Street per map on file in Book 16, Thence South 00' 04' 54" West 476.53 feet to an angle point; Thence North 89' 53' 05" West 30.99 feet to the northeast corner of Camera Site No. 27 and the TRUE POINT OF BEGINNING;
Thence South 00' 06' 55" West 20.00 feet to an angle point; Thence North 89" 53' 05" West 20.00 feet to an angle point; Thence North 00° 06' 55" East 20.00 feet to an angle point; Thence South 89' 53' O5"' East 20.00 feet to the TRUE POINT OF BEGINNING; Containing 400.00 Sq. Ft.
10 Lessor Lessee_
CBP Lease No. HSBP-7223-L-DA1432
EXHIBIT A (Cont'd)
SITE INFORMATION
ELC-CAX-BALL PARK
LATITUDE: 32.671776°
LONGITUDE: -115.520461°
Calexico S
SITE ELEVATION: -11 FT.
nholm Ave -
ACCESS ROAD INFORMATION
LATITUDE: 32.673565°
LONGITUDE: -115.515907°
NARROWEST POINT:
32.672914, -115.515923 21 FT.
02043 INEGO
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CBP Lease No. HSBP-7223-L-DA1432
EXHIBIT B
N 32.671788
RETAINING WALL: W -115.520424 2'→ -
J.G. POWER T
2' CONCRETE ELECTRICAL BO
BLOCK
45'
PRIVACY FENCE:
6' WOOD SLAT 5'-1" BUILDING
-
1'- 10" ACCESS ROAD
MP
20'
(TYP.) 6'-4"
19'+ NOTES:
EB U.G. POWER
FROM TRANSFORMER 1. PLOT SURFACE: DIRT
AUTOCAD GENERATED DRAWING
SITE ASSET CESICNATOR EATUR
IMENSION:
(EASTxNORTH×HEICHT)
NAVE CESCH/TEN CHRO
(FEET, INCHES) AP'S
MONOPOLE 25"DIA.x50'-0" DEPARTMENT OF TRANSPORTATION
ACCESS ROAD MONOPOLE PAD MP 4-11°04. FEDERAL AVIATION ADMINISTRATION ELECTRICAL BOX EB 17°x16*×60" MKE NONSONEY AERONALTICAL. CITER TRANSFORMER 24'x36"x38*
BALL PARK
SITE LAYOUT
SCALE:
HEVE: ET
1"=16'
AARON THACKER KENT WEBB
SITE ELEV. = -11' A HECKER! 3-1-2013
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CBP Lease No. HSBP-7223-L-DA1432
EXHIBIT B (Cont'd)
Figure I: Tower Profile
Figure 2: RVSS Retractable Camera Stand
Figure 3: RVSS Camera
Figure 4: One Ft. Dish
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CBP Lease No. HSBP-7223-L-DA1432
EXHIBIT C
-FAR 52.204-24 (Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment).
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition.
(1) Section 889(a)(1)(A) of the JohnS. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to- (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to
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(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that—
(1) It o will, o will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It • does, • does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; 15 Lessor Lessee
CBP Lease No. HSBP-7223-L-DA1432
model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
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EXHIBIT D
-FAR 52.204-25 (Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment).
Definitions. As used in this clause—
(a) Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means- (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening; (e) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); 17 Lessor Lessee
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(1) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(g) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (h) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR
4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
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(c) Exceptions. This clause does not prohibit contractors from providing- (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.
For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officers) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order numbers), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services. (End of clause)
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EXHIBIT E
-GSAR 552.270-33 (Foreign Ownership and Financing Representation for High- Security Leased Space).
(a) Definitions. As used in this clause-
"Financing" means the process of raising or providing funds through debt or equity for purposes of meeting the requirements of the Lease, including, but not limited to, acquisition, maintenance, and construction of, or improvements to, the Property.
"Foreign entity" means a:
territory within the United States; or
(ii) Government or governmental instrumentality that is not the United States Government.
"Foreign person" means an individual who is not:
(i) a United States citizen; or
(ii) an alien lawfully admitted for permanent residence in the United States. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror or Lessor, or that owns or controls one or more entities that control an immediate owner of the offeror or Lessor. No entity owns or exercises control of the highest-level owner. "Immediate owner" means an entity, other than the offeror or Lessor, that has direct control of the offeror or Lessor. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) Timing. The Offeror or Lessor shall complete this representation when submitting a proposal.
If the Offeror is the successful awardee, the Offeror (now Lessor) shall review, update, and provide this representation on an annual basis, reflecting all changes to immediate owner, highest-level owner and financing during the preceding 1-year period, starting one year from the Lease Term Effective Date through final payment of any contract. If the Lessor intends to transfer the lease to a successor in interest under the circumstances set forth in FAR 42.1204, the Lessor shall submit this representation to the Lease Contracting Officer with any request to novate the lease. The Offeror or Lessor is responsible for the currency, accuracy and completeness of the data disclosed, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
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(c) Immediate owner.
(1) The Offeror or Lessor represents that it o does or o does not have an immediate owner.
(2) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then enter the following information for the immediate owner. If the offeror or Lessor has more than one immediate owner (e.g., joint venture), then the offeror or Lessor shall provide the information for each entity.
Legal name (do not use a "doing business as" name)
Unique entity identifier
(if available)
(3) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this additional representation: Is the immediate owner a foreign entity?:
• Yes or • No.
(4) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this additional representation: Is the immediate owner a foreign person?:
• Yes or • No.
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (c)(3) or (4) of this clause, indicating that there is foreign ownership (as a foreign entity or foreign person), then enter the following information for the foreign owner (respond for each as applicable).
Physical address
Coutry
(d) Highest-level owner.
(1) The Offeror or Lessor represents that the immediate owner, if any, o is or o is not owned or controlled by another entity?
(2) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, indicating that the immediate owner is owned or controlled by another entity, then enter the following information for the highest- level owner.
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Legal name (do not use a "doing business as" name)
Unique entity identifier
(if available)
(3) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, hen complete this additional representation: Is the highest-level owner oreign entity?: • Yes or o Nc
(4) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this additional representation: Is the highest-level owner a foreign person?: • Yes or • No.
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (d)(3) or (4) of this clause, indicating that there is foreign ownership (as a foreign entity or foreign person, then enter the following information for the foreign owner (respond for each as applicable)
Physical address
Country
(e) Financing entity.
(1) The Offeror or Lessor represents that the financing • does or o does not involve a foreign entity?
(2) The Offeror or Lessor represents that the financing o does or o does not involve a foreign person?
(3) If the Offeror or Lessor indicates "does" in either paragraph (e)(1) or (2) of his clause, indicating foreign financing (as a foreign entity or foreign person), then enter the following information for the foreign financing (respond for each as applicable).
Legal name (do not use a "doing business as" name)
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Unique entity identifier
(if available)
Physical address l
Coutry
(End of clause)
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EXHIBIT F
-GSAR 552.270-34 (Access Limitations for High-Security Leased Space). (a) The Lessor, including representatives of the Lessor's property management company responsible for operation and maintenance of the leased space, shall not—
(1) Maintain access to the leased space; or
(2) Have access to the leased space without prior approval of the authorized Government representative.
(b) Access to the leased space or any property or information located within that Space will only be granted by the Government upon determining that such access is consistent with the Government's mission and responsibilities. (End of clause)
OFFEROR OR LESSOR NAME | NAME:
AND SIGNATURE
SIGNATURE: DATE
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