Item S4 S.4
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County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: S.4
Agenda Item Summary #7673
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
No
AGENDA ITEM WORDING: Approval of Lease Agreement with Congressman Carlos A
Gimenez for office space, Room 1-213, at the Gato Building in Key West, FL, at no charge.
ITEM BACKGROUND: Newly elected in 2021, Congressman Carlos A Gimenez 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, 2021, and terminate
January 2, 2023. This is the same office space previously occupied by former Congressional
representatives. 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 with District Lease exhibit(updated & legal stamped)
FINANCIAL IMPACT:
Effective Date: 01/03/2021
Expiration Date: 01/02/2023
Total Dollar Value of Contract: $0
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: N/A
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S.4
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 01/12/2021 4:51 PM
William DeSantis Completed 01/12/2021 4:53 PM
Purchasing Completed 01/12/2021 4:54 PM
Budget and Finance Completed 01/12/2021 4:58 PM
Maria Slavik Completed 01/12/2021 6:04 PM
Liz Yongue Completed 01/12/2021 6:06 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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S.4.a
AGREEMENT
THIS AGREEMENT, made this 20th day of January, 2021, 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, Carlos A. Gimenez, 2
(hereinafter"Congressman"), 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 Congressman has requested use of County office space; and c
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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 33040;
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NOW, THEREFORE, for and in consideration of the mutual covenants contained �--
herein, the parties agree as follows: 6
1. Contract Term. This agreement is for the period commencing on January
3, 2 02 1, and terminating on January 2, 2 02 3.
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2. Demise of Premises. The BOCC rents to the Congressman approximately 06
two hundred eighty-seven (287) square feet of office space at the Gato
Building, Room 1-213, located at 1100 Simonton Street, Key West,
Monroe County, Florida 34040 hereinafter "Premises"), at a monthly
rental fee of Zero and 00/100 ($0.00) Dollars, 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 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 E
authority whatsoever to act on behalf and/or as agent for the BOCC in any
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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
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Congressman, his employees, agents, or volunteers resulting in either
bodily or personal injury or property damage to any individual, property, �t
or business entity. 2
5. Modification. Additions to, modifications to, or deletions from the
provisions of this contract may be made only in writing and executed by E
the BOCC and the Congressman, subject to prior review and approval by
the "Administrative Counsel" of the Chief Administrative Officer of the CD
U.S. House of Representative("CAO"). No modification shall become c
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effective without prior written approval of both parties.
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6. Breach and Penalties. The parties agree to full performance of the
covenants contained in the contract. Both parties reserve the right, at the
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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.
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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 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 Congressman or his 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.
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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. E
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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,
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age, or national origin in the performance of work under this
Agreement.
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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 E
upon delivery of written notice to the Congressman.
9. Taxes. The BOCC is exempt from Federal, Excise, and State of Florida c
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Sales Tax.
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10. Finance Charges. The BOCC will not be responsible for any finance
charges.
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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.
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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
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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 and
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 E
same, or permit any other person or persons, company or corporation to
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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.
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14. Additional Conditions. The Congressman agrees to accept additional
conditions governing the use of funds or performance of work as may be 2
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 E
no such additional conditions shall be imposed retroactively.
15. Independent Professional Judgment. _The Congressman shall at all times 0The Congressman shall at all times c
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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 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.
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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 2
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.
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18. Ethics Clause. 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. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision, the County may, in its
discretion, terminate this contract without liability and may also, in its E
discretion, deduct from the contract or purchase price, or otherwise
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recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former county officer or BOCC officer or
employee.
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19. Public Access. The BOCC and Congressman shall allow and permit
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reasonable access to, and inspection of, all documents, papers, letters or 2
other materials in its possession or under its control subject to the ti
provisions of Chapter 119, Florida Statutes, and made or received by the
BOCC or Congressman in conjunction with this Lease; and the BOCC
shall have the right to unilaterally cancel this Lease upon violation of this ,
provision by the Congressman. 0
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20. Notice Requirement. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or sent by United States
Mail, postage prepaid, to the other party by certified mail, return receipt
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requested, or by courier with proof of delivery. The place of giving
Notice shall remain the same as set forth herein until changed in writing in �--
the manner provided in this paragraph. Notice shall be sent to the 6
following addresses:
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FOR COUNTY: FOR CONGRESSMAN:
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Monroe County Carlos A. Gimenez
County Administrator U.S. House of Representatives
Room 205 Room 1-213
1100 Simonton Street 1100 Simonton Street
Key West, FL 33040 Key West, FL 33040
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And And y
County Attorney Carlos A. Gimenez
1111 12th Street U.S. House of Representatives
Suite 408 419 Cannon House Office Bldg.
Key West, FL 33040 Washington, D.C. 20515
21. 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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IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first above written.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By By
As Deputy Clerk Mayor/Chairman
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(SEAL) UNITED STATES REPRESENTATIVE
Attest: CARLOS A. GIMENEZ �--
By By
Title
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MiONA0E COUNTY ATTORNEY' OFFICE
'IFD^STO. rD KA
PAT ICA EABLE
ASSISTANT COUNTY ATTORNEY �
DATE: _ 1 / / U 0 Q
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EXHIBIT "A"
District Office Lease
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and
District Office Lease Attachment
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S.4.a
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 117th Congress may not commence prior to January
3,2021. eC
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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 117th Congress,leases should end on January 2,
2023, not December 31, 2022.
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.
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B. 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 c
accompanying the Lease are to be provided by Lessor. W
D. Section 3 has two blank lines to be filled in: (1)date lease begins (must be on or after January 3,
2021); and(2)date lease ends (must be on or before January 2, 2023). E
E. Section 4 has one blank line for the monthly rent amount(write "zero"if no rent is to be paid).
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F. Section 5 has one blank line—the number of days' notice required for either parry to terminate 06
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.
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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. x
I. Prior to either parry signing a lease, the Member/Member-Elect must submit the proposed lease,
accompanied by a copy of the District Office Lease Attachment for the 117th 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(202-226-0357).
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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 or faxed to
202-226-0357.
K. If approved, Administrative Counsel will send the forms to Finance so that payment can begin. If
there are errors on the form, the Member office will be contacted and required to correct them.
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S.4.a
v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
District Office Lease
(Page 1 of 3— 117th Congress) _
Pursuant to 2 U.S.C.A. § 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 subdivision 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 Carlos A. Gimenez (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
Gato Building, 1100 Simonton Street, Room 1-213
(Office street address)
in the city, state and ZIP code of Key West, FL 33040
(Office city,state and ZIP)
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2. Lease Amenities.Lessee shall be entitled to receive and Lessor shall be required to provide the
amenities selected 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
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2021 and ending January 2 20 23 . The term of this District Office Lease ("Lease")
may not exceed two (2)years and may not extend beyond January 2, 2023,which is the end of
the constitutional term of the Congress to which the Member is elected. 06
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 X
written notice to the other party. The commencement date of such termination notice shall be the y
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 117th 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 117th
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.
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.
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v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
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District Office Lease
(Page 2 of 3— 117th Congress) _
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:
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[Signature page follows.]
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V.S. Abuse of Xepresentatives
Washington,D.C. 20515
District Office Lease
(Page 3 of 3— 117th 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 Carlos A. Gimenez (FL-26)
Print Name of LessorlLandlordlCompany Print Name of Lessee
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By:
Lessor Signature Lessee Signature u
Name:
Title:
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Date Date
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MO ROF-rCUNTY ATTORNEY'S OFFICE
iiE� TO 01,11
®.,.. PtMCIA EMLES
ASSISTANT COUNTY ATTORNEY
DATE: _ 12/20/2020
This District Office Lease must be accompanied with an executed District Office Lease Attachment.
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District Office Lease Attachment- Instructions
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The District Office Lease Attachment must accompany every Lease or Amendment 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 117th Congress may not commence
prior to January 3,2021.
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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 117th Congress,leases should end on January 2, 2023, not cj
December 31,2022.
A few things to keep in mind:
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A. The Member/Member-Elect is required to nersonall^sign the documents.
B. The Lessor must complete the amenities checklist in Section A("Lease Amenities"),
including both the"required amenities" and"optional amenities"portions. E
C. The Member/Member-Elect must indicate in Section A("Lease Amenities")whether the ru
proposed leased space will serve as a flagship district office.
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D. Section B ("Additional Terms and Conditions") of the Attachment SHALL NOT have any -�
provisions deleted or changed.
E. Even if rent is zero, an Attachment is still required.
F. 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 X
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(202-226-0357).
G. Once signed by both parties, the Lease or Amendment along with the Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form (leasesnmail.house.gov) or by fax(202-226-0357). E
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H. Without a properly signed and submitted Attachment,the Lease or Amendment cannot be
approved by the Administrative Counsel 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.
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I. Lessor shall provide a copy of any assignment,estonnel certificate, notice of a bankruutcy
or foreclosure, or notice of a sale or transfer of the leased premises to the Administrative
Counsel by e-mail in PDF form (leases(kmail.house.gov).
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v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 1 of 5— 117th Congress)
SECTION A
(Lease Amenities) v,
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Section A sets forth the amenities provided by the Lessor to be included in the Lease and designates
whether the leased space will be the Member/Member-Elect's flagship(primary)office.Except as noted
below,the amenities listed are not required for all district offices. E
To be completed by the Lessor (required amenities): CD
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❑ High-Sneed Internet Available Within the Leased Space.
Please list any internet providers known to provide service to the property:
❑ Interior Wiring CAT 5e or Better within Leased Snace.
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To be completed by the Lessor(optional amenities):
❑Amenities are separately listed elsewhere in the Lease.
(The below checklist can be left blank if the above box is checked.)
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The Lease includes (please check and complete all that apply):
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❑Lockable Space for Networking Equipment.
❑Telephone Service Available. 06
0 Parking. Assigned Parking Spaces
rVI Unassigned Parking Spaces
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❑General Off-Street Parking on an As-Available Basis �.
❑✓ Utilities. Includes: Water and Electric
❑✓ Janitorial Services. Frequency: Daily
❑✓ Trash Removal. Frequency: Daily
❑Carpet Cleaning. Frequency:
❑Window Washing. ❑Window Treatments.
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❑Tenant Alterations Included In Rental Rate.
✓❑After Hours Building Access.
0 Office Furnishings. Includes: Desk, Chairs
❑Cable TV Accessible. If checked, Included in Rental Rate: SYes ONo E
✓❑Building Manager ❑ 081te ❑ On Call Contact Name: Kiki Gonzalez
Phone Number:305 797-1492 Email Address:gonzalez-kiki@monroecounty-fl.gov
To be completed by the Member/Member-elect(required):
® The leased space will serve as my flagship(primary) District Office.
The leased space will NOT serve as my flagship(primary) District Office. E
Send completed forms to:Administrative Counsel, 217 Ford House Office Building, Washington,D.C. 20515.
Copies may also be faxed to 202-226-0357.
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v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 2 of 5— 117th Congress)
SECTION B
(Additional Lease Terms)
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, E
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 0
House whatsoever. Lessee shall be solely responsible for the performance of the Lease and 0
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.
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4. Compliance with House Rules and Regulations. Lessor and Lessee understand and a
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 Z
Administration, and approved the Lease by signing the last page of this Attachment.
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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.
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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. E
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 y
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 Office Building, Washington,D.C. 20515.
Copies may also be faxed to 202-226-0357.
Packet Pg. 3747
S.4.a
v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 3 of 5— 117th 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 U
shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice
is postmarked. E
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which CD
C
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 117th Congress, the Lease L_
will be considered null and void. 0
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, O'Neill Federal Building, Suite 3220, Attn: Jason
Washington,Washington,D.C. 20515, and with the Administrative Counsel by e-mail at
leases@mail.house.gov.
11. Assignments. Lessor shall provide thirty (30) days prior written notice to Lessee before
assigning any of its rights,interests or obligations under the Lease,in whole or in part,by
operation of law or otherwise. Lessor shall promptly file a copy of any such assignment notice
with the Administrative Counsel by e-mail at leases@mail.house.gov. Lessee and the House 06
shall not be responsible for any misdirected payments resulting from Lessor's failure to file an
assignment notice in accordance with this section.
12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30)days prior written notice W
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@mail.house.gov.
13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings i
(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 3220,Attn: Jason Washington,Washington, D.C. 20515, and with the
Administrative Counsel by e-mail at leases@mail.house.gov.
E
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 y
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 202-226-0357.
Packet Pg. 3748
S.4.a
v.S. .Mouse of Xepresentatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 4 of 5— 117th 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. 2
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 E
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 C
systems or equipment(including window air conditioning units provided by the Lessor) serving U
the premises.
0
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.
06
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 parry 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 E
or been terminated.
24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the y
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 forms to:Administrative Counsel, 217 Ford House Office Building, Washington,D.C. 20515.
Copies may also be faxed to 202-226-0357.
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Washington,D.C. 20515
District Office Lease Attachment
(Page 5 of 5— 117th 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 Ch
the plural and vice versa.
U
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 E
parties are not relatives nor have had, or continue to have, a professional or legal relationship
(except as a landlord and tenant). C
0
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 0
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.
06
Monroe County Carlos A. Gimenez (FL-26)
Print Name of Lessor/Landlord Print Name of Lessee
x
By:
Lessor Signature Lessee Signature
Name:
Title:
c)
Date Date
From the Member's Office,who is the point of contact for questions?
Name Nicole Rapanos Phone 7( 86-5$6-3205 E-mail nicole.rapanos (a,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 January 2 20 m
(Administrative Counsel)
Send completed forms to:Administrative Counsel, 217 Ford House Office Building, Washington,D.C. 20515.
Copies may also be faxed to 202-226-0357.
FIA-MICIA EADLES
AS�SrZT'�/ N� T��RNEY Packet Pg. 3750
DATE: _
This form must be completed using Adobe Reader. S.4.aIsm q
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 N
States Government to provide a Tax Identification Number(TIN)and Electronic Funds Transfer(EFT)information for payment. PL 93-579 protects your privacy
G7
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. 0
RETURN FORM TO: vendorEFT@mail.house.gov FAX NUMBER: (202)225-6914 <
SECTION I UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION c
ADDRESS US HOUSE OF REPRESENTATIVES-ACCOUNTING,3110 O'NEILL HOUSE OFFICE BUILDING,WASHINGTON DC 20515
tJ
AGENCY IDENTIFIER 53-6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202)226-2277
SECTION H PAYEE/COMPANY INFORMATION E
NAME AS SHOWN ON YOUR INCOME TAX RETURN BUSINESS NAME/DISREGARDED ENTITY NAME OR DBA,IF DIFFERENT THAN NAME
ON YOUR INCOME TAX RETURN
CD
r_
0
tJ
ADD RESSICITYISTATEIZIP Enter the correct Tax Identification Number type
SOCIAL SECURITY NUMBER(SSN) EMPLOYER TAX ID NUMBER(EIN) N
or m
2
CONTACT PERSON NAME PURCHASE ORDER ADD RESSICITYISTATEIZIP
EMAIL PO EMAIL
TELEPHONE NUMBER FAX NUMBER TELEPHONE NUMBER FAX NUMBER
REMIT TO ADDRESS
CD
0)
CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION(required) ;y, 11>
Individual/Sole Proprietoror [:]CCorporation [:]SCorporation Partnership Trust/Estate Exemptions(codes applyonlyto certain
Single Member LLC entities,not individuals):
Limited LiabilityCompany.Check the tax classification: [:]C corporation S corporation Partnership
Exempt payee code(if any)
Note.Forasingle-memberLLC that is disregarded,check the appropriate box forthe tax classification of the single-member owner.
Exemption from FATCA reporting code
Government Entity.Check the tax classification: Federal ❑State ❑L (if any)ocal —
(Applies to accounts maintained outside
Other
the U.S.)
SECTION III FINANCIAL INSTITUTION INFORMATION U.S.)
BANK NAME TELEPHONE NUMBER
.2
NINE-DIGIT ROUTING TRANSIT NUMBER
DEPOSITOR ACCOUNT TITLE
DEPOSITOR ACCOUNT NUMBER LOCKBOX NUMBER
TYPE OF ACCOUNT r CHECKING ()SAVINGS LOCKBOX
SECTIONIV SOCIO-ECONOMIC INFORMATION
Type of Business Large Business-No Socio-Economic Designations (Dlinonty mBusiness m-Disadv/Minority n-Disadv Only S Mm Only
Sm-Disadvantaged Business Prog 8(a)Firm GUBZone Program HUBZone Eligible GlFmerging SmallBusiness Women-Owned Business W
Other Preference Programs Buy Indian ODirected to JWOD Non-Profit IoPreference/Not Listed OSmall Business Set-Aside Very Small Business Set-Aside
Veteran Owned Status Non-Vet Owned SmBus ODther Vet Owned SmBus (Dery-Disabled Vet Other Bus Ser0abled Vet Owned SB VCPwned Other Bus
Size of Business: (A)50 or less (B)51-100 (C)101-250 (OD)251-500 )501-750 ()(F)751-1,000 G)Over 1,000 m 1 million or less
N)1.1-2 million P)2.1-3.5million (R)3.1-5million S)5.1-10million +(7)10.1-17million OpOver17million
SECTION V CERTIFICATION OF DATA BY PAYEE/COMPANY
NAME TITLE/POSITION
SIGNATURE DATE TELE
USHR v.112017 ms
Packet Pg. 3751
S.4.a
Instructions for Completing
U.S. House of Representatives
Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form
1
Section I -Agency Information— Includes the name and address, agency identifier, agency location code and E
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 c,
address. Check the appropriate boxes for federal tax classification.
Section III -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
0
for type of account. Payee/Company may include a voided check with this form. U
0
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
0
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
76
ACCOUNT NUMBER account number at the financial institution
m 1. Routing Transit Number(RTN) 06
'a
nine digits located between
THOMA3 B.AN DERZON two symbols. This number
miI F,,,` VWNT VAEV 'a
vrapiFr..r1 l $ WWI identifies the bank holding your
account and check processing W
center.
IRO! 2. Account number—this is your
complete account number. cu
Your account number can be
� E �
up to 17 digits. Please include
5AMPLE leading zeros.
rarntn�ot$ 0
SuNhUST
SunTruel Book,
3. ACH Routing Transit Number—
Automated Clearing House
- - routing number, use this
i2OD000 0r*1 123 56?aW111 0I04 number for your Routing �
Transit Number(RTN)if you
AL
- 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 http://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.
Packet Pg. 3752