Item C18 County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy,District 5
•.The Florida KeysMayor Pro Tem Danny Kolha ge,District 1
Michelle Coldiron,District 2
Heather Carimithers,District 3
David Rice;District 5
County Commission Meeting
January 23 2019
CAgenda.Item N.uinber.nC 18
Agenda Item Summary #5108
`V.ISED-BACKUP' AX'O 'MEETING. Revssod_L-eas:
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305)292-4549
No
AGENDA ITEM WORDING: Approval of Lease Agreement with Congresswoman Debbie
Mucarsel-Powell for office space,Room 1-213;at.the Gato Building in Key West, FL; at no charge:
ITEM BACKGROUND: Newly elected in 2019, Congresswoman Debbie Mucarsel-Powell
requested use of available:County office space at the Gato Building for a Keys satellite district
office. The lease of the 28.7 square feet of office space in Room 1-213 is to:commence on January 3,
2019, and terminate January 2,2021.. This is the same office space previously occupied by former..
Congressmen. There will be no charge for the rental of this office space.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:. •
New Lease
STAFF RECOMMENDATION: Approval:
DOCUMENTATION:
Lease Agreement- Congresswoman Debbie Mucarsel-Powell(legal stamped)
FINANCIAL IMPACT:
Effective Date: 01/03/2019
Expiration Date: 01/02/2021 .
Total.Dollar Value of:Contract: $0
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: N/A
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: yes
Additional Details: US House of Representatives District Office Lease
N/A
REVIEWED BY:
Patricia Eables Completed 01/08/2019 3:16 PM
William DeSantis Completed 01/08/2019 3:21 PM
Budget and Finance Completed 01/08/2019 3:32 PM
Maria Slavik Completed 01/08/2019 3:35 PM
Kathy Peters Completed 01/08/2019 4:06 PM
Board of County Commissioners Pending 01/23/2019 9:00 AM
AGREEMENT
THIS AGREEMENT, made this.: day of: , 2019,by and
between the Board of County Commissioners of Monroe County, Florida, a political
subdivision of the State:.of:Florida, (hereinafter."BOCC"), located.at 1100 Simonton
Street, Key West, Florida 33040,and United States Representative, Debbie Mucarsel-
Powell (hereinafter "Congresswoman"), an elected official of..the United States
government.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the Monroe County community; and
WHEREAS;the Congresswoman 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,
located at Room 1-213, 1100 Simonton Street, Key West,Florida;
NOW, THEREFORE, for and in consideration of the mutual'covenants contained
consideration
herein, the parties agree as follows: ;
l. Contract Term This agreement is:for the period commencing on January
3 2019,and terminatingon January JanUary 2 2021.
2. Demise of .Premises. The BOCC rents .to the. Congresswoman.: .
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 "Premises"), in accordance with this
Agreement, as amended by the District Office:Lease and District Office
Lease Attachment, attached hereto as Exhibit"A" 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 Congresswoman as can be provided without
:requiring an increase in personnel, any purchase or lease of real or
personal property, or anyother out-of ocket expenditures.
P p Y> P p
4. Relationship of Parties. The Congresswoman 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,
a$ent, or servant of the BOCC: The Congresswoman, shall exercise
:control, direction, and supervision .over:. the means and manner of
personnel and volunteers through which she performs the functions of his ;
office. Although this Agreement is a cooperative-agreement, similar in
many respects (but not all) to a partnership, the Congresswoman shall
have no authority whatsoever to act on behalf and/or as agent- for the
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2019-Debbie Mucarsel-Powell GATO Bldg room 1-213. .
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 any negligence, gross negligence, or intentional conduct on
the part of the Congresswoman, her 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 and the Congresswoman. 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 terns 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 party 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 Congresswoman 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 Statutes. Sec. 768.28 and Chap. 440, arising out
of the activities governed by this agreement. The parties agree that the
BOCC may file an application under the Federal Tort Claims Act(see 28
U.S.C. §§1346(b), 2401(b),2671-80), for any and all claims arising under
this agreement against the Congresswoman or her employees conducting
their official and representational duties. 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 Congresswoman agrees that venue for any dispute will lie in
Monroe County, Florida.
b. The Congresswoman shall comply with all federal, state, and local
laws and ordinances applicable to the work or payment for work .
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2019-Debbie Mucarsel-Powell GATO Bldg room 1-213
1 ,
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.
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 Congresswoman.
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 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 Congresswoman shall riot 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 Congresswoman has exercised reasonable care
in the prevention thereof, and any such delay or failure shall not constitute
a breach of the Agreement. The Congresswoman shall notify the BOCC
of any delay-or failure to perform within five (5) days of such action.
Upon demand of the BOCC,the Congresswoman must furnish evidence of
the causes of such delay or failure.
13. Assignment. Except as provided in the District Office Lease and
Attachment, the Congresswoman 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.
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2019-Debbie Mucarsel-Powell GATO Bldg room 1-213
agreement shall be binding upon the Congresswoman's successors and
assigns.
•
14. Additional.Conditions. The Congresswoman 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 Congresswoman has been notified in writing
and no such additional conditions shall be imposed retroactively:. ..
15. Independent Professional Judgment. The Congresswoman 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.
16. Care of Property. The Congresswoman shall be responsible to the BOCC
for the safekeeping and proper use of the property entrusted to the
Congresswoman'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.:
17. 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 (14) days'
notice in writing required prior to effective termination.
b. .In the event either party terminates without cause, the termination shall
not take effect until at least sixty (60) 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, District Office Lease, and District.
Office Lease Attachment constitute 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.
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2019-Debbie Mucarsel-Powell GATO Bldg room 1-213
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE.COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairman
(SEAL) . UNITED STATES REPRESENTATIVE
Attest ' DEBBIE MUCARSEL-FOWELL
By By
Title _ . .. Title
MONFIOE COUNTY ATTORNEY'S OFFICE
ect.=_AST{Wiei
PATRICIA EABLES
ASSISTANT R ASS NT C NTY ATTO NEY
PATE: l t �
5
2019-Debbie Mucarsel-Powell GATO Bldg room 1-213
EXHIBIT "A"
District Office Lease :. .
and
District Office Lease Attachment
•
2019-Debbie Mucarsel-Powell GATO Bldg room 1-213
District Office Lease—Instructions
NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN
APPROVED BY THE ADMINISTRATIVE COUNSEL.
r.
The term fora District OfficeLease for the 116th Congress may not commence prior to January:
3,2019.
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 116th Congress,leases should end on January4,
:2021,not December 31,:2020.
A. The preamble has three blank lines to be filled in:(I)Landlord's name,(2),Landlord's address;
and(3)Member/Member-Elect's name:
•
Section 1 has three blank lines to be filled in:(1)square footage of the leased office(optional);:
(2).street address of the leased office,and(3)city,state and ZIP code of the leased office.:
C. Section 2 confirms:that all amenities identified in the District Office Lease Attachment
accompanying the Lease arc to be provided by_Lessor.
D. Section 3 has two blank lines to be filled in: (1)date lease.begins(must be on or after January 3,
2019);and(2)date lease ends(must:be.on or before January 2,2021).
• E. Section-4 has one blank line for the monthly rent amount(write"zero"if no rent is to be paid)
F. 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.
G. Sections 1-9,other than filling in the blanks,may not be altered or deleted:
: 1-1: Section 11 has space provided to list any.additional Iease provisions.
I. 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 116th 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 ri:mail.house.gov)or fax(202-225-6999).__•
J.: 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.
AdministrativeCounsel for final approval. They may be sent by email in PDF form.
(leases@ mail.house.gov)or faxed to 202-225-6999.
K. If approved,Administrative Counsel will send the forms.to Finance so that payment can begin. If
there arc errors on the form,the Member office will be contacted,and required to correct them..
2).S. 5fouse of Representatives
Washington,D.C.20515
District Office Lease
(Page 1 of 3—116th Congress)
Pursuant to 2 U.S.C. §4313,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. .
political subidivision of the State of Florida, 1100 Simonton Street,Key West,FL 33040
(Landlord's name) (Landlord's street address,city,state,ZIP code)
("Lessor"), and Debbie Mucarsel-Powell(FL-26) .. ,a Member/Member-Elect Of the U:S.House of
(Lessee's name)
Representatives("Lessee"),agree as follows:
1. Location. Lessor shall lease to Lessee 287 square feet of office space located at
Gala Bldg., Room 1-213, 1100 Simonton Street
(Office street address)
in the city,state and ZIP code of Key West, FL 33040 w_
(Office city,state and ZIP)
2. Lease Amenities.Lessee shall be entitled to receive and Lessor shall be required to provide the
amenities agreed to in Section A of the District Office Lease Attachment("Attachment")
accompanying this Lease.
3. Term. Lessee shall have and hold the leased premises for the period beginning January 3
2019 and ending January 2.. ,2021 . . The term of this District Office Lease("Lease")
may not exceed two(2)years and may not extend beyond January 2,2021,which is the end of
the constitutional term of the Congress to which the Member is elected,
4. Rent. .The monthly rent shall be zero($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. This Lease may be terminated by either party giving 60 days' prior
written notice to the other party. The commencement date of such termination notice shall be the
date such notice is delivered or, if mailed,the date such notice is postmarked.
6. Payments. During the term of this Lease, rent payments under Section 4 of this Lease Shall be
remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives
(the"CAO")on behalf of the Lessee.
7. District Office Lease Attachment for 116th 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 116th
Congress_
g. 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,
V.S. Mouse of representatives
Washington, D.C.:20515
District Office Lease
(Page 2 of 3—116th Congress)
9 Section Headings. The section headings of this Lease are for convenience of reference only and
shall not be deemed to limit or affect any of the provisions hereof.
10. Modifications.. Any amendments,additions or modifications to this Lease inconsistent with
Sections 1 through,2 above shall have no force or effect to the extent of such inconsistency.
11. Other. Additionally,the Lessor and the Lessee agree to the following;
[Signature page folloirs;]
VS. Mouse of Representatives
Washington,D.C,20515 •
• District Office Lease •
(Page 3 of 3-116th Congress)
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 Debbie Mucarsel-Powell (FL-26)
Pr•iiit Name Of Lessor/Landlord/Company Print Name of Lessee
By: .
Lessor Signature Lessee Signature
Name:
Title:
Date • Date
•
M N OE COUNTY ATTORNEY'S OFFICE
RpV DAST x,
PATRICIA EABLES
DATEIST ((��
ASSA`TCQUN ATTORNEY
•
•
This District Office Lease must be accompanied with an executed District Office Lease Attachment.
District Office Lease Attachment-Instructions
The District Office Lease Attachment must accompany ever;Lease or Lease Amendment that is
submitted for a Member/Member-Elect's District Office.
NO LEASE,AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFO
RE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. •
The term of a District Office Lease or Amendment for.the 116th Congress may not commence : .
prior to January 3,2019. .
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 116th Congress,leases should end on January 2,2021,_not
December:31 2020.
A feiv thingskeep
to in mind: . . ..
.. .
A. The Member/Member-Elect is required to personally sign the documents.
B. The Member/Member-Elect must indicate in Section A("Lease Amenities")of the
Attachment whether the proposed leased space will serve as a_flagship district office. `
C. The Lessor must complete the amenities checklist in Section A("Lease Amenities"),unless
the checkbox.at the top of the amenities checklist is marked to indicate that amenities are
listed elsewhere in the Lease.
D. Broadband/cable availability can be checked by entering the address of the proposed leased space
at https://broadbandmap.fcc.gov.The Member/Member-Elect should still confirm
broadband/cable status directly with the.Lessor.
•
E. Section B("Additional Terms and Conditions")of the Attachment SHALL NOT-have any •
provisions deleted or changed.
F. Even if.rent is zero,an Attachment is still required::
G. Prior to either party signing a Lease or Amendment,theMember/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 c mail.house, ov or by fax 202-225-6999
by H. OncesiS signed both parties,the Lease'or Amendment and theAttachment 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(leases a mail.house.gov)or faxed to (202-225-6999).
I. 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 arc not reimbursable from
the Member's Representational Allowance.
J. Lessor shall provide a copy of any assignment,estoppel certificate,notice of a-bankruptcy
or foreclosure,or notice of a sale or transfer of the leased premises to the Administrative
Counsel by e-mail in PDF form(leasestmail.house.gov).
4J.S. douse of R,,epreseittatives
Washington,D.C.20515
District Office Lease Attachment
(Page 1 of 5—116th Congress)
•
• SECTION A
(Lease Amenities)
Section A designates whether the Ieased space will be the Member/Member-Elect's flagship -
(primary)office and sets forth the amenities provided by the Lessor to be included in the Lease. Except as .
noted below,the amenities listed are not required for all district offices. •
To be completed by the Member/Member-elect:
0 The leased space will serve as my flagship(primary) District Office.
• El The leased space will NOT serve as my flagship(primary)District Office.
• To be completed by the•Lessor: • • •
•
DAmenitics are separately listed elsewhere in the Lease.
(The below checklist can be left blank if the above box is checked.)
The Lease includes(please check and complete all that apply):
(Items marked with an asterisk and in bold are required for ALL district offices for the 116'"' ,
Congress.)
•
®* Broadband and/or Cable Access to the Leased Space(e.g.Comcast,Cox.Ycrizon,etc.).
(Check broadband status by entering the leased space address at https:I/broadhand►nap fcc.gov.
The_plirtics should trlso directly discuss broadband stat►ts.)
. Q* Interior Wiring CAT 5e or Better within Leased Space.
8 Lockable Space for Networking Equipment.
U Telephone Service Available.
®Parking, 0 Assigned Parking Spaces
Unassigned Parking Spaces .
0 General Off-Street Parking on an As-Available Basis
B Utilities, Includes: Water&Electric. .
8 Janitorial Services. Frequency: Daily
B Trash Removal. Frequency: Daily
6 Carpet Cleaning. Frequency: .
El Window Washing. 6 Window Treatments.
8-Tenant Alterations Included In Rental Rate.
®After Hours Building Access. .
8 Office Furnishings. Includes: Desk,Chairs
. 8 Cable TV Accessible. If checked, Included in Rental Rate: Yes Li No
®Building Manager. ®Onsite 8 On Call Contact Name: Kiki Gonzalez -
• PhoneNumber: (305)797-1492 Email Address: gonzalez-kiki@monroecourity-fl.gov.
Send coinpleted,lorrns ror Administrative Counsel,217 Ford House Of/ice Building; Washhig:on,D.C.20515.
Copies may also be fined to 202.225-6999.
21.5. 9-louse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 2 of 5—116th Congress)
SECTION B
(Additional Terms and Conditions)
Incorporated District Office.Lease Attachment Lessor(Landlord)and Lessee
(Member/Membcr-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 =
(the"House")norits Officers are liable for the performance of the Lease. Lessor further
expressly acknowledges that payments made by the Chief Administrative Officer of the House
(the"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 officialand 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 the last page of this:Attachment.
g. 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 ,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)
Send completed forms to:Administrative counsel,217 Ford House o/fice Building. Washington,D.C.205i5.
Copies may also be faxed to 202-225-6999.
VS. Mouse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 3 of 5—116th Congress)
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.
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 I 16th 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. I-louse of Representatives, O'Neill Federal Building,Suite 3100,Attn: Office of
Financial Counseling,Washington, D.C.20515,and with the Administrative Counsel by e-mail at
leases@mail.house.gov.
11. Assignments. Lessor shall not have the right to assign(by operation of law or otherwise)any of
its rights, interests and obligations under the Lease,in whole or in part,without providing thirty
(30)days prior Written notice to Lessee,and any such purported assignment without such notice
shall be void. Lessor shall promptly file a copy of any such assignment notice with the
Administrative Counsel by e-mail at leases®mail.house.gov,
mail.house.gov,
12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30)days prior written notice
to Lessee in the event(a)of any sale to a third party of any part of the leased premises,or(b)
Lessor transfers or otherwise disposes of any of the leased premises,and provide documentation
evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale
or transfer notice With the Administrative Counsel by e-mail at leases a mail.house.gov.
13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings
(whether voluntarily or involuntarily),(b)the leased premises is foreclosed upon,or(c)of any
similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file
a copy of any such notice with the Office of Finance,U.S, House of Representatives, O'Neill
Federal Building, Suite 3100,Attn: Office of Financial Counseling, Washington, D.C.20515,and
with the Administrative Counsel by e-mail at leases@mail.house.gov.
14. 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 require the review of the
Administrative Counsel,prior to Lessee signing the estoppel certificate. Lessor shall promptly
provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at
leases@mail.house.gov.
mail.house.gov.
Send coinpleted./orrns to:,idniinistrative Counsel,217 Ford House O/JiceBuilding, Washington,D.C.20515,
Copies may also be faxed to 202-225-6999.
•
7J.S. Jfouse of Representatives
Washington,D.C.20515
District Office Lease Attachment
(Page 4 of 5 116th Congress)
15. 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:
16. 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.
17. 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 15 and 16.
18. Initial Alterations. Lessor shall make any initial alterations to the leased premises,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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24.- Conflict. 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.
Send coinpleted forms to:Administrative Counsel,217 Ford House Office Building, {Washington,D.C..20515,
Copies may also be faxed to 202-225-6999.
VS-7-louse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 5 of 5-116th Congress)
25. 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.
26. Fair Market Value. The Lease or Amendment is entered into at fair inarket 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).
27. 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.
28. 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.
29. 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.
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.
MONROE COUNTY _ Debbie Mucarsel-Powell (FL-26)
u.
Print Name of Lessor/Landlord Print Name of Lessee
rpnzEs 0
•
z
o:
ot- m By:
m>— Lessor Signature Lessee Signature
o Name:
c� Title:
vo <¢ }
w rn
z. w
o Date Date
From the Member's Office,who is the point of contact for questions?
Name • Phone( ) . E-mail email house.gov
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)
Send completed.fbrms to:Administrative Counsel,217 Ford House Office Building. Washington.D.C.20515.
Copies may also be faxed to 202-225-6999.
U.S. HOuse of Representatives
.
Substitute W-9 and ACH Vendor/Miscellaneous Payment:Enrollment Form
.INSTRUCTIONS , ' " - . ..
Internal Revenue Code 6109,31 U.S.C.33.22,31 CFR 2l0 and the 1996 Debt Collection Improvement Act require all entities that do business with the United
States Government to provide a Tax.Identification Number(TIN)and Electronic Funds Transfer-(EFT:)-information for payment:PL 93-579 protects your privacy .
and mandates that the information never be published or used for any other purpose than to pay you, Please camplete:ali sections below,sign and return via the
' email or fax number listed. .. . ..
RETURN.FORM TO: .vendorEFT@maiihouse.gov FAX NUMBER::- (202)225-6914 .. .
SECTIONI. UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION
ADDRESS _ US HOUSE OF REPRESENTATIVES--ACCOUNTING;ilia'O'NEiLL HOUSE OFFICE BUILDING,WASHiNGTON DC 2t1515 • .
AGENCY IDENTIFIER .. ' - 53-60.02523 • : AGENCY LOCATION CODE 4832. . ., : TELEPHONE NUMBER(202(i 2263277 . .
SECTION II -.. PAYEE/COMPANY INFORMATION .. • • • -
• NAME AS SHOWN ON YOUR INCOME TAX RETURN. ' .. . BUSINESS NAME/DISREGARDED ENTITY NAME OR OBA,IF DIFFERENT THAN NAME
ON YOUR INCOME TAX RETURN
ADDRESSICiTYISTATEiZIP .. - . - , . ' " ' . Enter the correct Tax Identification Number type
SOCIAL SECURITY NUMBER(SSN) - .. EMPLOYER TAX ID NUMBER(EIN)
Of
: . CONTACT PERSON NAME PURCHASE ORDER AODRESSlCITYISTATERIP
EMAIL . .
.. • PO EMAIL - .
TELEPHONE NUMBER 1FAX NUMBER • .•. • TELEPHONE NUMBER.-• • FAX NUMBER
REMIT TO ADDRESS.:. : : .:: . . :: . . .: II . .. •
CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION(required) ' : • -- - : '
- . - ❑IndividuaISole Proprietor or DC Corporation ❑S Corporation . ❑Partnership ❑TrustlEstate Exemptions(codes apply only to certain
Single Member LLC entitles,not individuals);.
•
limited Liability Company.Check the tax classification: ❑C corporation : :❑s corporation ❑Partnersh"p Exempt payee code(if any) • '
Note,For asi le member LLC that is disregarded,check the appropriate box for the tax classification of the le-member owner. .
_... . n9 � !t9 ... ."„�...
Exemption from FATCA reporting code
GovemmentEntity..Check the lax classification: ❑Federal : ❑Stale ❑Local . . _
(if any)
. . . . un ntain(Applies to atxn ts7riai ed outside
the U.S) :
SECTION III FINANCIAL INSTITUTION INFORMATION us.)
BANK NAME: • "' TELEPHONE NUMBER
NINE-DIGIT ROUTING TRANSIT NUMBER . =• -•- ,
: . DEPOSITOR ACCOUNT TITLE -
DEPOSITOR ACCOUNT NUMBER - - • LLOCKBOX NUMBER
TYPE:OF ACCOUNT. .. . .. ' -()CHECKING . . . • ()SAVINGS . .. . . • ' • .(5 LOCKBOX •. • • '
SECTION IV SOCIO-ECONOMIC INFORMATION
Type of Business . ®Large Business-No Socro•Eronom a Designations OMinority OSmausiness QSm•Disadv/Minonty. OSm-DisadvOnly OSnMm Only
SmDisadvantaged Business grog 08.(a}Finn OHUBZone Program (5HUB2one Ei grblee ; OEmerging Small Business : Qwonren•OwnedBusiness
. Other Preference Programs:. . . OBuy Indian .°Directed to:JwOD Non-Profit .ONo Preference/Not Listed OSmallBusiness Set-Aside °Very SmaliBusiness Sel-Aside
- : -Veteran Owned Status •- ONon_Vet Owned SmBus:OGrher Vet Owned SmBus-,OServDisabled Vet Other Bus OServ-Disabled Vet Owned SO Over-owned Other Bus
'Size of Business: OR 50.orless O(B)51400 O(C)1017250 O(D)251-500 O(E)501-750 O(F)751.1,000 O(G)-Over 1,000 O(M)1 million or less
. . .. .. O(N).1.1-2miliion O(P)2.1.3.5m.1fon: O(R)3.1-Smillion O(S)5.1.10million 0(7)10.1-17miltion - ORKIver 17 milks; —
' SECTION V - - CERTIFICATION OF DATA BY-PAYEE/COMPANY • •- •
NAME - . . ..TITLE/POSITION . .. - . - .
SIGNATURE- DATE TELE
' .. . . USHR v.112017 ms- _ .. .. . . .
Instructions for Completing
U.S. House of Representatives
Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form
Section I-Agency Information—Includes the name and address, agency identifier,agency location code and
telephone number for the House of Representatives.
Section II-Payee/Company Information—Print or type the name of the payee/company and address that will
receive payment,social security or taxpayer ID number, contact person name,telephone number and email of the
payee/company. Print or type the purchase order and remit to addresses if different from the payee/company
address. Check the appropriate boxes for federal tax classification.
Section ill-Financial Institution Information —Print or type the name and address of the payee/company's
financial institution who will receive the ACH payment,ACH coordinator name and telephone number, nine-digit
routing transit number, depositor(payee/company)account title and account number. Check the appropriate box
for type of account. Payee/Company may include a voided check with this form.
ACH Account Information Located on a Check or Deposit Ticket
FINANCIAL INSTITUTION NAME name of the financial institution to which the payments are to be directed
ROUTING TRANSIT NUMBER(RTN) financial institution's 9 digit routing transit number;
found on the bottom of a check or deposit ticket or from your Financial Institution
ACCOUNT TITLE employee's or vendor's name on the account
ACCOUNT NUMBER account number at the financial institution
.�� � y ,�.. -��--^�� _ Y---•--� a;--�- 1. Routing Transit Number(RTN)
-nine digits located between
THofhAS B.At�DERSON.3FOA FOAM 101 two symbols. This number
?rnrn RE,FL1731s identifies the bank holding your
�a,'ati account and check processing
center.
PAY TO2. Account number—this is your
complete account number.
• *. ` " Your account number can be
�_.._ u
up to 17 digits: Please include
SUNTRUST 14xRrca!COIN WAK:vCm leading zeros.
&Oust Bank
3. ACH Routing Transit Number-
Automated Clearing House
0 LO
t:0000000t?Ot: 12 3 4 56 789Ds�° routing number,use this
number for your Routing
�1n Transit Number(RTN)if you
s• P x bank with SunTrust Bank. •
4. Check number—This
1 2 3 4 information is not necessary-
do not provide
•
Section IV-Socio-Economic Information—Check k the boxes for each category, if applicable:type of business,
small disadvantaged business program, HUBZone program, emerging small business,women-owned business,
other preference programs,Veteran owned status and size of business. Detailed information related to Small
Business programs can be found at httD://www.sba.gov/. -
Section V-Certification of Data By Payee/Company—Print or type the name,title/position and phone number of
the Authorized official. The Authorized official must sign and date the.form.
C.18
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
January 23, 2019
Agenda Item Number: C.18
Agenda Item Summary #5108
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
No
AGENDA ITEM WORDING: Approval of Lease Agreement with Congresswoman Debbie
Mucarsel-Powell for office space, Room 1-213, at the Gato Building in Key West, FL, at no charge.
ITEM BACKGROUND: Newly elected in 2019, Congresswoman Debbie Mucarsel-Powell
requested use of available County office space at the Gato Building for a Keys satellite district
office. The lease of the 287 square feet of office space in Room 1-213 is to commence on January 3,
2019, and terminate January 2, 2021. This is the same office space previously occupied by former
Congressmen. There will be no charge for the rental of this office space.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
New Lease
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped)
FINANCIAL IMPACT:
Effective Date: 01/03/2019
Expiration Date: 01/02/2021
Total Dollar Value of Contract: $0
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: N/A
Packet Pg. 533
C.18
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: yes
Additional Details: US House of Representatives District Office Lease
N/A
REVIEWED BY:
Patricia Eables Completed 01/08/2019 3:16 PM
William DeSantis Completed 01/08/2019 3:21 PM
Budget and Finance Completed 01/08/2019 3:32 PM
Maria Slavik Completed 01/08/2019 3:35 PM
Kathy Peters Completed 01/08/2019 4:06 PM
Board of County Commissioners Pending 01/23/2019 9:00 AM
Packet Pg. 534
C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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C.18.a
Attachment: Lease Agreement - Congresswoman Debbie Mucarsel-Powell (legal stamped) (Gato Lease for Congresswoman Debbie Mucarsel-
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