Item C11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2014 Division: Public Works /Engineering
Bulk Item: Yes x No
Department:: Facilities Maintenance
Staff Contact Person/Phone #: Dent Pierce /292 -4560
AGENDA ITEM WORDING: Approval of Agreement with Congressman Joe Garcia for office
space, Room 1 -213 at the Gato Building in Key West, FL
ITEM BACKGROUND: Newly elected in 2013, Congressman Joe Garcia requested use of available
County office space at the Gato Building. Congressman Joe Garcia's request for the continued use of
office space, Room 1 -213 is to commence January 15, 2014 and terminate January 14, 2015.
PREVIOUS RELEVANT BOCC ACTION: At the February 20, 2013 BOCC meeting, the BOCC
approved a one -year agreement with Congressman Joe Garcia for office space at the Gato Building,
Room 1 -213 to commence January 15, 2013 and terminate January 14, 2014..
CONTRACT /AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: maintenance /utility costs INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year $
APPROVED BY: County
DOCUMENTATION:
DISPOSITION:
Atty - OMB /Pure asing Risk Managenie
Included X Not Required
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Co Joe Garcia Contract #
Effective Date: J anuary 15, 2014
Expiration Date: January 14, 2015
Contract Purpose /Description:
Agreement with Congressman Joe Garcia to lease offices ace at the
Gato Building, Room 1 -213 in Key West, FL
Contract Manager: Alice Steryou 4549 _ Facilities Maint /Sto #4
(Name) (Ext.) (Department /Stop #)
for BOCC meeting on 01/16/14 Agenda Deadline 12/31/13
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ -0- Current Year Portion: $ -0-
Budgeted? Yes X No ❑ Account Codes:
Grant: $ N/A - - -
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
FMB Form Revised 2/27/01 MCP #2
Changes
Date Out
Vk a e I a
Division Director
Needed Reviewer
Yes❑ NoLtl
"
Risk Management
g
Yes No
O.M.B. /Purchasing 1-2-I
Yes❑j No's]
County Attorney
Yep i°
Comments:
Y. -
FMB Form Revised 2/27/01 MCP #2
AGREEMENT
THIS AGREEMENT, made this , t4 day of _ , 2014 by and
between the Board of County Commissioners of Monroe County, Florida (hereinafter
"BOCC ") and U.S. Representative Joe Garcia, (hereinafter "the Congressman"), an
elected official of the United States government.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
WHEREAS, the Congressman has requested use of County office space; and
WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide approximately 287 square feet of office space at the Gato Building,
Room 1 -213, located at 1100 Simonton Street, Key West, Florida;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Contract Term. This agreement is for the period commencing on January
15, 2014 and terminating on January 14, 2015.
2. Demise of Premises The BOCC rents to the Congressman approximately
two hundred eighty -seven (287) square feet of office space at the Gato
Building, Room 1 -213, located at 1100 Simonton Street Key West, Florida
(hereinafter "the premises "), in accordance with this Agreement as
amended by District Office Lease Attachment (Exhibit "A ") attached
hereto and incorporated herein.
3. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the Congressman as can be provided without
requiring an increase in personnel, any purchase or lease of real or
personal property, or any other out -of- pocket expenditures.
4. Relationship of Parties. The Congressman is, and shall be, in the
performance of all works, services, and activities under this Agreement, a
government entity independent from the BOCC and not an employee,
agent or servant of the BOCC. The Congressman shall exercise control,
direction, and supervision over the means and manner of personnel and
volunteers through which he performs the functions of his office.
Although this Agreement is a cooperative agreement, similar in many
respects (but not all) to a partnership, the Congressman shall have no
authority whatsoever to act on behalf and/or as agent for the BOCC in any
promise, agreement or representation other than specifically provided for
in this agreement. The BOCC shall at no time be legally responsible for
Joe Garcia Ag GATO Bldg room 1 -213 2014 1
any negligence, gross negligence, or intentional conduct on the part of the
Congressman, his employees, agents or volunteers resulting in either
bodily or personal injury or property damage to any individual, property or
business entity.
5. Modification. Additions to, modification to, or deletions from the
provision of this contract may be made only in writing and executed by
the BOCC. No modification shall become effective without prior written
approval of both parties.
6. Breach and Penalties. The parties agree to full performance of the
covenants contained in the contract. Both parties reserve the right, at the
discretion of each, to terminate the services in this contract for any
misfeasance, malfeasance or nonperformance of the contract terms or
negligent performance of the contract terms by the other party. Any
waiver of any breach of covenants herein contained shall not be deemed to
be a continuing waiver and shall not operate to bar either parry from
declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise.
7. Hold Harmless. The parties to this agreement stipulate that Monroe
County is a governmental agency as defined by Florida Statutes and
represents to the Congressman that it has purchased suitable Public
Liability, Vehicle Liability, and Workers' Compensation insurance, or is
self - insured, in amounts adequate to respond to any and all claims within
the limitations of Florida Statute 768.28 and 440, arising out of the
activities governed by this agreement. The Congressman is an official of
the Federal government and represents that in such capacity, he and his
staff have insurance coverage in an amount adequate to respond to any and
all claims arising under this agreement. Each party shall be responsible
for any acts of negligence on the part of its employees, agents, contractors,
and subcontractors. Responsibility for defending claims arising out of and
during the performance of this contract shall survive the termination date.
8. Laws and Regulations.
a. This Agreement shall be construed by and governed under the laws of
the State of Florida unless in an area of law pre - empted by federal law.
The Congressman agrees that venue for any dispute will lie in Monroe
County, Florida.
b. The Congressman shall comply with all federal, state and local laws
and ordinances applicable to the work or payment for work thereof,
and shall not discriminate on the grounds of race, color, religion, sex,
age or national origin in the performance of work under this
Agreement.
Joe Garcia Ag GATO Bldg room 1 -213 2014 2
c. Any violation of said statutes, ordinances, rules, regulations and
executive orders shall constitute a material breach of this Agreement
and shall entitle the BOCC to terminate this Agreement immediately
upon delivery of written notice to the Congressman.
9. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
10. Finance Charges. The BOCC will not be responsible for any finance
charges.
11. Severability. If any provision of this contract shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of
this contract, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of this contract shall be valid and enforceable to the fullest
extent permitted by law.
12. Force Majeure The Congressman shall not be liable for delay in
performance or failure to perform, in whole or in part, the services due to
the occurrence of any contingency beyond its control or the control of any
of its sub - contractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war, whether an actual declaration thereof is made
or not, act of terrorism impacting travel in the United States, insurrection,
sabotage, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, accident, fire, explosion, storm, flood, drought or
other act of God, act of any governmental authority, jurisdictional action,
or insufficient supply of fuel, electricity, or materials or supplies, or
technical failure where the Congressman has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a
breach of the Agreement. The Congressman shall notify the BOCC of any
delay or failure to perform within five (5) days of such action. Upon
demand of the BOCC, the Congressman must furnish evidence of the
causes of such delay or failure.
13. Assignment. Except as provided in the District Office Lease Attachment,
the Congressman shall not assign, transfer, sublease, pledge, hypothecate,
surrender, or otherwise encumber or dispose of this contract or any estate
created by this contract or any interest in any portion of the same, or
permit any other person or persons, company or corporation to perform
services under this contract without first obtaining the written consent of
the BOCC. In the event of such consent, this agreement shall be binding
upon the Congressman's successors and assigns.
Joe Garcia Ag GATO Bldg room 1 -213 2014 3
14. Disclosure. The Congressman shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues Chapter 112, Part III
and the Monroe County Ethics Ordinance. The Congressman shall
disclose to the BOCC all actual or proposed conflicts of interest, financial
or otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
15. Additional Conditions. The Congressman agrees to accept additional
conditions governing the use of funds or performance of work as may be
required by federal, state or local statute, ordinance or regulation or by
other policy adopted by the BOCC. Such additional conditions shall not
become effective until the Congressman has been notified in writing and
no such additional conditions shall be imposed retroactively.
16. Independent Professional Judgment. The Congressman shall at all times
exercise independent professional judgment and shall assume full
responsibility for the service to be provided and the work to be completed.
17. Care of Property. The Congressman shall be responsible to the BOCC for
the safekeeping and proper use of the property entrusted to the
Congressman's care, and to process all documents necessary to continue,
without interruptions, any maintenance or service contracts relating to
such equipment for its service life.
18. Ethics Clause. To the extent applicable, the Congressman warrants that he
has not employed, retained or otherwise had act on his behalf any former
County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 10 -1990 or any BOCC officer or employee in violation of
Section 3 of Ordinance No. 10 -1990. For breach or violation of this
provision the BOCC may, in its discretion, terminate this agreement
without liability and may also, at its discretion, deduct from the sums
owed under the agreement, or otherwise recover, the full amount of any
fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
19. Termination. Termination of the Agreement shall occur at the Natural
ending date, or earlier should either party determine that there has
occurred any material breach of any covenants herein contained, or either
party otherwise deems it in their best interest to terminate. Termination
may be with or without cause, and shall require written notice to be given
to the other party as follows:
a. In the event either party terminates for breach of contract, termination
shall be effective at such time as the terminating party shall declare in
its act to terminate for cause, with a minimum of fourteen days notice
in writing required prior to effective termination.
Joe Garcia Ag GATO Bldg room 1 -213 2014 4
b. In the event either party terminates without cause, the termination shall
not take effect until at least sixty days subsequent to written notice to
the other party, and the effective date of termination shall be specified
in said notice.
18. Full Agreement. This Agreement constitutes the entire and full
understanding between the parties hereto and neither party shall be bound
by any representation, statement, promises or agreements not expressly set
forth herein and in duly executed amendments under paragraph 5 hereof.
IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
(SEAL)
Attest: AMY HEAVILIN, Clerk
B y _ --
Deputy Clerk
(SEAL)
Attest:
By
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Un
Mayor /Chairman
U.S. REPRESENTATIVE
Joe Garcia
LM
Title
Joe Garcia Ag GATO Bldg room 1 -213 2014 5
'1 1 jii71r , 7 7 A5 71 1, 1
NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN
APPROVED FOR SIGNATURE BY THE ADMINISTRATIVE COUNSEL.
The term for a District Office Lease for the 113' Congress may not commence prior to January
3, 2013.
Members should endeavor to lease space through the last day of a congressional term rather
than the last day of a calendar year. For the 113 Congress, leases should end on January 2,
2015, not December 31, 2014.
• The preamble has three blank lines to be filled in: (1) Landlord's name; (2) Landlord's address;
and (3) Member/Member- Elect's name.
• Section l has three blank lines to be filled in: (1) Square footage of office that is being leased
(optional); (2) Street address of office being leased; and (3) City, state and ZIP code where office
is being leased.
• Section 2 has four boxes that can be checked on whether any parking is included in the lease —
two of the options each have a blank line to be filled in if the lease includes any assigned and/or
unassigned parking spaces.
• Section 3 has two blank lines to be filled in: (1) Date lease begins (must be on or after January 3,
2013); and (2) Date lease ends (must be on or before January 2, 2015).
• Section 4 has one blank line for the monthly rent amount (write "zero" if no rent is to be paid).
• Section 5 has one blank line — the number of days' notice required for either party to terminate
the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If
the lease may not be terminated early, enter "N /A" in this blank.
• Sections 1 -10, other than filling in the blanks, may not be altered or deleted.
• Section 1 l has space provided to list any additional lease provisions.
• Prior to either party signing a lease, the Member/ Member -Elect must submit the proposed
lease, accompanied by a copy of the District Office Lease Attachment for the 113'
Congress, to the Administrative Counsel for review and approval. If the proposed terms and
conditions of the lease are determined to be in compliance with applicable law and House Rules
and Regulations, the Administrative Counsel will notify the Member/Member -Elect that (s)he
may proceed with the signing of the lease. Please submit the proposed lease and District Office
Lease Attachment either by e-mail in PDF form (leases @mail.house.gov) or fax (202- 225- 6999).
• The Member/ Member -Elect is required to personally sign the documents. A signed and
dated District Office Lease Attachment must accompany this lease.
• Once signed by both parties, the Lease and the District Office Lease Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form or faxed to 202 - 225 -6999, but the originals still must be submitted by inter office mail (217
Ford House Office Building, Washington, D.C. 20515) after emailing or faxing.
• If approved, Administrative Counsel will send them to Finance so that payment can begin. If
there are errors, you will be contacted and required to correct them before the lease is approved.
V.S. Mouse of 1ppresentatives
Washington, D.C. 20515
OMMULM
(Page 1 of 2 —113 Congress)
Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified
from time to time by Committee Order) relating to office space in home districts,
Monroe County. a µalftal sWbn of the Sm&a or FlarlQn 1100 S imonton Street, Key West, FL 33040
(La trlyd" name) (Landlord's street addree , dty, state, ZIP code)
( "Lessor "), and J- Gar FL 26 a Member/Member -Elect of the U.S. House of
Representatives ( "Lessee "), agree as follows:
1. Location. Lessor shall lease to Lessee 287 square feet of office space located at
The Gato Bullding, Room 1- 2131100 Simonton St
(Offlrs street address)
in the city, state and ZIP code of Key west, FL, 33040
(Office city, state and ZIP)
2. Parking. The Lease includes (please check any and all that apply):
❑ parking spaces that are assigned
In parking spaces that are unassigned
❑ General off - street parking on an as available basis
❑ No off - street parking
3. Term. Lessee shall have and hold the used premises for the period beginning
January 15 2014 _ and ending Januar 14 20 , The term of this
LE
lstrict Office Lease ( "ASE ')bray not exceed two years and may not extend beyond January
2, 2015, which is the end of the constitutional term of the Congress to which the Member is
elected.
4. Rent. The monthly rent shall be $0.00 , and is payable in arrears on or before the
last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily
basis for any fraction of a month of occupancy.
5. Early Termination. °Phis Lease may be terminated by cith r party giving days' prior
written notice to the other party. The commencement date of stleh tertnination notice shall be the
date such notice: is delivered or, i. ` mailed, the date such notice is postmarked.
6. Payments. During the term of this Lease, rent payments under Section 4 shall be remitted to the
Lessor by the Chief Administrative Officer of the U.S. House of Representatives ( "CAO ") on
behalf of the Lessee.
7. District Office Lease Attachment for 113 Congress. The District Office Lease Attachment
attached hereto is incorporated herein by reference, and this Lease shall have no force or effect
unless and until accompanied by an executed District Office Lease Attachment for the 113
Congress.
8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile
copy, each of which shall be deemed to be an original but all of which together shall be deemed
to be one and the same instrument.
ZPAPITA
Washington, D.C. 20515
NBMKMLM
(Page 2 of 2 —113"' Congress)
P]
n"
In
Section Headings. The section headings of this Lease are for convenience of refemce only and
shall not be deemed to limit or affect any of the provisions hereof.
Modifleations. Any amendments, additions or modifications to this Lease inconsistent with
Sections I through 9 above shall have no force or effect to the extent of such inconsistency.
Other. Additionally, the Lessor and the Lessee agree to the following:
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date
written below by the Lessor or the Lessee.
Monroe County, a political subdivision of the State of Florida Joe G)arcia, FL 26
Print Name (Lessor/Landlord)
Lessor Signature
IM
9XIMS
-e Lease Attachment.
Date
7 7F
The District Office Lease Attachment ( "Attachment ") is a four -page document that must accompany
every Lease or District Office Lease Amendment ( "Amendment ") that is submitted for a
Member /Member - Elect's District Office.
NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED FOR SIGNATURE BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 113' Congress may not commence
prior to January 3, 2013.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 113' Congress, leases should end on January 2, 2015, not
December 31, 2014.
Four things are required:
1. The signature of the Landlord and date;
2. The signature of the Member/ Member -Elect of Congress and date;
3. Contact information for the person in the Member/ Member - Elect's office whom we should call if
there are any problems or questions (scheduler, etc.); and
4. The signature from the Office of the Administrative Counsel.
A few things to keep in mind:
• The Member/ Member -Elect is required to personally sign the documents.
• The Attachment SHALL NOT have any provisions deleted or changed.
• Even if rent is zero, an Attachment is still required.
• Prior to either party signing a Lease or Amendment, the Member/ Member -Elect must
submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to
the Administrative Counsel for review and approval. If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations, the Administrative Counsel will notify the
Member /Member -Elect that (s)he may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form
(leases @mail.house.gov) or by fax (202- 225- 6999).
• Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to
the Administrative Counsel for final approval. The Attachment should be submitted at the same
time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email
in PDF form or faxed to (202- 225- 6999), but the originals still must be submitted by interoffice
mail (217 Ford House Office Building, Washington, D.C. 20515) after emailing or faxing.
• Without a properly signed and submitted Attachment, the Lease or Amendment cannot be
approved and payments will not be made.
• The parties agree that any charges for default, early termination or cancellation of the Lease or
Amendment which result from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and are not reimbursable from the Member's Representational
Allowance.
V.S. Mouse of W§presentatives
Washington, D.C. 20515
(Page 1 of 4 —113"" Congress, Version 2)
1, Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee
(Member/Member -Elect of the U.S. House of Representatives) agree that this District Office
Lease Attachment ( "Attachment ") is incorporated into and made part of the Lease ( "Lease ") and,
if applicable, District Office Lease Amendment ( "Amendment ") to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
( "House ") nor its Officers are liable for the performance of the Lease. Lessor further expressly
acknowledges that payments made by the Chief Administrative Officer of the House ( "CAO ") to
Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on
behalf of Lessee in support of his/her official and representational duties as a Member of the
House — shall create no legal obligation or liability on the part of the CAO or the House
whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor
expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO ( "Administrative Counsel ") must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement
of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing on page 4 of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202 - 225 -7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause, operating
expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7. Certain Charges. The parties agree that any charge for default, early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office
during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a)
terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60)
days following the certification of the election of the Lessee's successor. In the event the Clerk
elects to terminate the Lease, the commencement date of such thirty (30) day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice
is postmarked.
V.S. Mouse of 1§presentatives
Washington, D.C. 20515
U Eft LM AttMh=d
(Page 2 of 4 — 113 Congress, Version 2)
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office.
Should the Member -Elect not take office to serve as a Member of the 113"' Congress, the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in
writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the
event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the
event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee
shall promptly file a copy of any such notice with the Office of Finance, U.S. House of
Representatives, B -245 Longworth House Office Building, Washington, D.C. 20515.
12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises (usually used in instances when the Lessor is selling or refinancing the building) upon
the request of the Lessor. Such an estoppel certificate shall not require the review and approval
of the Administrative Counsel.
13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including, but not limited to, all sidewalks, parking
areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas.
14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair
or replace as needed, at its sole expense, all structural and other components of the premises
including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors,
foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating
systems or equipment (including window air conditioning units provided by the Lessor) serving
the premises.
15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests, caused by
Lessor's failure to fulfill its obligations under Sections 13 and 14.
16. Initial Alterations. Lessor shall make any initial alterations to the leased premises to prepare the
leased premises for Tenant's initial occupancy thereof, as requested by Lessee and subject to
Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations
shall be included in the annual rental rate.
17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-
80, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
I.S. Mouse of Wspresentatives
Washington, D.C. 20515
N" Eft LM Attwkwd
(Page 3 of 4 —113' Congress, Version 2)
18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy.
19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements, and with all local and state building codes,
safety codes and handicap accessibility codes (including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all
banking information necessary to facilitate such payments.
21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
22. Confect. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment, the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or
neuter gender include all other genders and, wherever appropriate, words in the singular include
the plural and vice versa.
24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide, arms - length, marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have, a professional or legal relationship
(except as a landlord and tenant).
25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
26. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
27. Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
[Signature page follows.]
re
Washington, D.C. 20515
UM Kft LM AtURINK
(Page 4 of 4 –113'" Congress. Version 2)
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
(v � "
Print Natne (Lessor)
Lessor Signature
Date
From the Member's Office, who is the point of contact for questions?
Name Phone (--j _ E-mail
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved, pursuant to Regulations of the Committee on House Administration.
Signed Date 20
(Administrative Counsel)
7141M
�PL D R 0 OF[
, �,Oo o
IS NT 1
ASSTA 0 y PX
L±2�
to: AdminkOwfive Coun.ve , 217 Ford Houser C3 ce Building, Washington, 17 . C 205
nuo also be fired to 202-225-6999
Date