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01/23/2019 Agreement GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: April 3, 2019 TO: Lindsey Ballard, Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: January 23`d BOCC Meeting Attached is an electronic copy of Item C18, Lease Agreement with Congresswoman Debbie Mucarsel-Powell for office space, Room 1-213, at the Gato Building in Key West, FL, at no charge, for your handling. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank you. cc: Facilities County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT �awcurki THIS AGREEMENT, made this day of IY.1.44 , 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 herein, the parties agree as follows: 1. Contract Term. This agreement is for the period commencing on January 3, 2019,and terminating on 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 any other out-of-pocket expenditures. 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, agent, 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 1 2019-Debbie Mucarsel-Powell GATO Bldg room I-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 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 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 2 2019-Debbie Mucarsel-Powell GATO Bldg room 1-213 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. SeverabiIity. 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 Congresswoman 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 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 3 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. 4 2019-Debbie Mucarsel-Powell GATO Bldg room 1-213 • IN WITNESS WHEREOF, the parties have executed this agreement the day and rst above written. = tk.) BOARD OF COUNTY COMMISSIONERS VIN MADOK, Clerk OF MONR'`, CO ,FLORIDA -By (71""4/L18"1"4- By Deputy Clerk Mayor/Chairman (SEAL) UNITED STATES REPRESENTATIVE Attest: DEBBIE MUCARSEL-POWELL By By<-' Title Title.CAN(, ())11/4,Vi'N MONROE COUNTY ATTORNEY'..$OFFICE PROyED AS T R PATRICIA FABLES ett G 3:». ASSISTANT GWYNTY ATTORNEY Gh = .: RATE: C) • CC - O M ts.s CZt U./Q- LU 2019-Debbie Mucarsel-Powell GATO Bldg room 1-213 EXHIBIT "A" District Office Lease and District Office Lease Attachment 6 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. The term for a District Office Lease 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. 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. B. Section 1 has three blank lines to be filled in:(I)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 are 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"NIA"in this blank. G. Sections 1.-9,other than filling in the blanks,may not be altered or deleted. H. Section 11 has space provided to list any additional lease 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@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 Administrative Counsel 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. ZJ.S. Mouse of 1 presentatives 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 Cm*.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: I. Location. Lessor shall lease to Lessee 287 square feet of office space located at Gato Bldg.,Room 1-213, 1100 Simonton Street (Office street address) in the city,state and ZIP code of Key West, FL 33040 (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. 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. I.S. douse 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 9 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 follows.] 21.S 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) Print Nam' Lessor/Landlord/Company Print Name of Lessee By: Lessor Signature Lessee Signature Name: Sylvia Murphy Title: Mayor 2.47-otI 1S ° llcl to Date "'14,, ST: Kev' Madok,, lerk / tiff • �A "} , Deputy Clerk •jaralt=2&___ OE COUNTY ATTORNEY'S OFFICE AssISTAN c U NBATTORNEY LES DATE: t 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 every Lease or Lease 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 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 few things to keep 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://broadbandman.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,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 arc 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). H. 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(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(leases@mail.house.gov). J.S. Mouse of Representatives Washington,D.C.20515 District Office Lease Attachment (Page 1 of 5—116th Congress) SECTION A (Lease Amenities) Section A designates whether the leased 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: ❑Amenities 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`t° Congress.) El* Broadband and/or Cable Access to the Leased Snace(e.g.Corneas',Cox,Verizon,etc.). (Check broadband status by entering the leased space address at htrps://hroadbandmap.fcc.gor. The Parties should also directlao:discuss broadband status.) B* Interior Wiring CAT 5e or Better within Leased Space. B Lockable Space for Networking Equipment. 6 Telephone Service Available. B Parking. ❑ Assigned Parking Spaces Unassigned Parking Spaces 0 General Off-Street Parking on an As-Available Basis B Utilities, Includes: Water&Electric B Janitorial Services. Frequency: Daily 8 Trash Removal. Frequency: Daily 8 Carpet Cleaning. Frequency: B Window Washing. 6 Window Treatments, El Tenant Alterations Included In Rental Rate. B After Hours Building Access. 8 Office Furnishings. Includes: Desk,Chairs B Cable TV Accessible. If checked, Included in Rental Rate:EI Yes 0 No 8 Building Manager. a Onsite 8 On Call Contact Name: Kiki Gonzalez Phone Number: (305)797-1492 Email Address: gonzalez-kiki@monroecounty-fl.gov Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington.D.C.20515. Copies may also be faxed to 202-225-6999. t).S. 7fouse of 1Wgpresentatives Washington,D.C. 20515 District Office Lease Attachment (Page 2 of 5—116th Congress) SECTION B (Additional Terms and Conditions) 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 (the"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 (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 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 the last page 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. S. 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 Once Building, Washington,D.C.20515. Copies may also be f sited to 202-225-6999_ 4J.S. 2fouse of cpresentatives Washington,D.C. 20515 District Office Le;r,a 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. 4 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 116th Congress,the Lease will be considered null and void. 10. Earl) 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, 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. i2 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@mailhouse.gov. 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. Send completed forms to:Administrative Counsel,217 Ford House Office Building. Washington,D.C.20515. Copies may also be faxed to 202-225-6999. 7�.S. ?louse of Wepresentatives 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, ail 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 completed for ns to:Administrative Counsel,217 Ford House Of/ice Building, Washington,D.0 20515. Copies may also be faxed to 202-225-6999. V.S. Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 5 of 5—1 16th 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 market value as the result of a bona fide,arms-length,marketplace transaction. The Lessor and Lessee certify that the parties arc 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) ca v. m Print Name o Lessor/Landlord Print Name of Lessee m g cc / lib, / o ti By: I� �e4,(,-• _ w ' �•�' -�481. j \ Lessee Signature L sor S nature `,,.. ��� @v f Name: Sylvia M 1:. f jd _v Title: Mayor �` �8 �Zt z R 411 a-xo 1 -.". Y- ' = 3 1 Z Q f I cl 0 a / / Date Now- 6'i. ) / Date d From the Member's Office,who is the point of contact for questions? ' Name Phone( ) E-mail @mail_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 forms 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.3322,31 CFR 210 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 complete all sections below,sign and return via the email or fax number listed. RETURN FORM TO: vendorEFT@mall.house.gov FAX NUMBER: (202)225-6914 SECTIONI UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION ADDRESS US HOUSE OF REPRESENTATIVES-ACCOUNTING,3110 ONEILL HOUSE OFFICE BUILDING,WASHINGTON DC 20515 AGENCY IDENTIFIER 53.6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202)226.2277 SECTION H PAYEE/COMPANY INFORMATION NAME AS SHOWN ON YOUR INCOME TAX RETURN BUSINESS NAMEIDISREGARDED ENTITY NAME OR DBA,IF DIFFERENT THAN NAME ON YOUR INCOME TAX RETURN ADDRESSICITYISTATFIZIP Enter the correct Tax Identification Number type SOCIAL SECURITY NUMBER(SSN) EMPLOYER TAX ID NUMBER(EIN) • — or — CONTACT PERSON NAME PURCHASE ORDER ADDRESSICITYISTATERIP EMAIL PO EMAIL TELEPHONE NUMBER !FAX NUMBER TELEPHONE NUMBER 1FAX NUMBER REMIT TO ADDRESS CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION(required) ❑IndividuaUSole Proprietor or EIC Corporation ❑s Corporator ❑Partnership ❑TrusUEstate Exemptions(codes apply only to certain Single Member LLC entities,not individuals United Liability Company.Check the tax classification: ❑C corporation ❑S corporation ❑Partnership Exempt payee code(if any) Note.For asingle-memberLLC that is disregarded:check the appropriate box for the tax classification of the single-member toner. _ __ --.. — Exemption from FATCA reporting code GovemmentEntity.Check the lax classification: CIFederal ❑Stale ❑Local Of any) - - (Applies(0 accounts maintained outside El Other the U.S.) SECTION III FINANCIAL INSTITUTION INFORMATION us) BANK NAME !TELEPHONE NUMBER - NINE-DIGIT ROUTING TRANSIT NUMBER DEPOSITOR ACCOUNT TITLE • ' DEPOSITOR ACCOUNT NUMBER -LOCKBOX NUMBER TYPE OF ACCOUNT °CHECKING ()SAVINGS Q LOCKBOX SECTION IV SOCIO-ECONOMIC INFORMATION Type of Business °Large 8usimss•No Sotio-Econamic Designations sfutoriry O Qsmaaeness Qsm-D;sadvnuinaiy Dm-nisei,Only 0SmMin Only Sm•DNsadvanlged Business Frog Q8(a)Firm QHUBZosie Program _ 011Uszane Eig+bie °Emerging Small Business °Women-Owned Business Other Preference Programs °Buy Indian ()Directed to JWOD Non-Profit QNo PreferenceiNot misled QSmal1 Business Set-Aside °Very Small Business Set Aside Veteran Owned Status Orlen-Yes Owned Slrreus °Other Vet Owned SmBus QServ-Okabled Vet OtherGus °Sew-Disabled Vet Owned SO °Vet-Owned Other Bus Size of Business: Q(A)50orless Q(B)51.100 Q(c)101.250 0(0)251-500 Q(E)501-750 Q(F)751.1.000 Q(G)Over 1,000 OfM)I million or less 0(N)1.1-2 maw Q(P)2.1-3.5 million ()(R)3.1-5 million 0(S)5.1.10 rmllmn Q(1)10.1.17=Von Q(Z)Over 17mt'0ran SECTION V CERTIFICATION OF DATA BY PAYEE/COMPANY NAME TITLFIPOSmON 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 111-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 _ w- - 1. Routing Transit Number(RTN) THOMAS B.AMDERSON —nine digits located between 129rtf.St4rSTRUT �Q�. two symbols. This number ANYWHEI1E.FL1C$i5 imegiond identifies the bank holding your Gkiao r account and check processing center. I'hM ,i�fq„Drtu:: ; i $ 2. Account number—this is your complete account number. i:cµitArs:. It 4 Your account number can be S�+r,, ,^ up to 17 digits. Please include UN{�RUST kliArcdsbool%t s R vao leading zeros. tiunTru;tBonk • 3. ACH Routing Transit Number— OF; Automated Clearing House routing number,use this 12000000000g L 2 3 4 56 7890n' -Q 101 number for your Routing 3 ,e.yti.! Cf xL-.�.�, .ylq.riY. 9.2.�.' r.,\ �.}•y C�:a+� . - .t .: � j 'i Transit Number(RTN)if you 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 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 htto://www.sba.ciov/. 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.