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Item D27 D27 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting July 19, 2023 Agenda Item Number: D27 2023-1097 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie Desantis N/A 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, for a two-year term. ITEM BACKGROUND: Newly elected in 2021 and re-elected for 2023, Congressman Carlos A. Gimenez again 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, 2023, and terminate January 2, 2025. 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: January 20, 2021 - BOCC approved a Lease Agreement with Congressman Carlos A. Gimenez for his first term in office with an effective date of January 3, 2021. CONTRACT/AGREEMENT CHANGES: New Lease STAFF RECOMMENDATION: Approval DOCUMENTATION: 7-19-20234'W lease 118 for Gimenez with District Office Lease attachment -partially executed- wFage 6.pdf FINANCIAL IMPACT: Effective Date: 01/03/2023 2069 Expiration Date: 01/02/2025 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: N/A Additional Details: US House of Representatives District Office Lease for a two-year term. 2070 AGREEMENT THIS AGREEMENT, made this 19th day of July, 2023, 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, (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 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; 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 retroactive to January 3, 2023, and terminating on January 2, 2025. There is no automatic renewal of this Lease at the expiration of the initial term. The Lessee shall have the option to renew the Lease, however, as long as the Lessee is in compliance with the terms of the Lease, and upon mutual agreement of the Lessor and Lessee and approval by the Board of County Commissioners. 2. Demise of Premises. The BOCC rents to the Congressman approximately two hundred eighty-seven (287) square feet of office space at the Gato Building, Room 1-213, located at 1100 Simonton Street, Key West, 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, 1 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2071 direction, and supervision over the means and manner of personnel and volunteers through which he performs the functions of his office. Although this Agreement is a cooperative agreement, similar in many respects (but not all) to a partnership, the Congressman shall have no authority whatsoever to act on behalf and/or as agent for the BOCC in any promise, agreement, or representation, other than specifically provided for in this agreement. The BOCC shall at no time be legally responsible for any negligence, gross negligence, or intentional conduct on the part of the Congressman, his employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual, property, or business entity. 5. Modification. Additions to, modifications to, or deletions from the provisions of this contract may be made only in writing and executed by the BOCC and the Congressman, subject to prior review and approval by the "Administrative Counsel" of the Chief Administrative Officer of the U.S. House of Representative("CAO"). 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 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. 8. Laws and Regulations. 2 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2072 a. This Agreement shall be construed by and governed under the laws of the State of Florida unless in an area of law pre-empted by federal law. The Congressman agrees that venue for any dispute will lie in Monroe County, Florida. b. The Congressman shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. c. Any violation of said statutes, ordinances, rules, regulations, and executive orders shall constitute a material breach of this Agreement and shall entitle the BOCC to terminate this Agreement immediately upon delivery of written notice to the Congressman. 9. Taxes. The BOCC is exempt from Federal, Excise, and State of Florida Sales Tax. 10. Finance Charges. The BOCC will not be responsible for any finance charges. 11. Severability. If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. 12. Force Majeure. The Congressman shall not be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its sub-contractors or suppliers, including labor dispute, strike, labor shortage, war or act of war, whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority,jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Congressman has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of the Agreement. The Congressman shall notify the BOCC of any delay or failure to perform within five (5) days of such action. Upon demand of the BOCC, the Congressman must furnish evidence of the causes of such delay or failure. 3 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2073 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 same, or permit any other person or persons, company, or corporation to perform services under this contract without first obtaining the written consent of the BOCC. In the event of such consent, this agreement shall be binding upon the Congressman's successors and assigns. 14. Additional Conditions. The Congressman agrees to accept additional conditions governing the use of funds or performance of work as may be required by federal, state or local statute, ordinance or regulation or by other policy adopted by the BOCC. Such additional conditions shall not become effective until the Congressman has been notified in writing and no such additional conditions shall be imposed retroactively. 15. Independent Professional Judgment. The Congressman shall at all times exercise independent professional judgment and shall assume full responsibility for the service to be provided and the work to be completed. 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. 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 parry, and the effective date of termination shall be specified in said notice. 18. Ethics Clause. Congressman warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee 4 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2074 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 discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former county officer or BOCC officer or employee. 19. Public Access. The BOCC and Congressman shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in its possession or under its control subject to the 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. 20. Notice Requirement. All written correspondence to the County shall be dated and signed by an authorized representative of the Lessee. 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 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 is deemed received by Lessee when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONGRESSMAN: 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 And And County Attorney Carlos A. Gimenez 1111 12Ih Street U.S. House of Representatives Suite 408 448 Cannon House Office Building Key West, FL 33040 Washington, D.C. 20515 5 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2075 21. Full Agreement. This Agreement, District Office Lease, and District Office Lease Attachment constitute the entire and frill understanding between the parties hereto and neither party shall be bound by any representation, statement, promises, or agreements not expressly set forth herein and in duly executed amendments under paragraph 5 hereof. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONRO:E COUNTY,FLORIDA By By As Deputy Clerk Mayor/Chainnan (SEAL) UNITED ST S R"RFS TATIVE Attest: CARLOS MENEZ By By Title MONROE COUNTY ATTORNEY'S OFFICE PATRICIA FABLES ASSISTANT cOuNTY ATTORNEY DATE: 6/6/2023 6 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2076 EXHIBIT "A" District Office Lease and District Office Lease Attachment 2023-Carlos A. Gimenez-GATO Bldg room 1-213 2077 District Office Lease — Instructions NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE OFFICE OF ADMINISTRATIVE COUNSEL. The term for a District Office Lease for the 118th Congress may not commence prior to January 3, 2023. 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 118th Congress,leases should end on January 2, 2025, rather than December 31, 2024. • The Member/Member-Elect is required to personally sign the documents. • Prior to either party signing a Lease, the Member/Member-Elect must submit the proposed Lease, accompanied by the District Office Lease Attachment for the 118'Congress ("Attachment"), to the Office of Administrative Counsel ("Administrative Counsel")via e- mail in PDF form (leases d mail.house.«oy) or fax (202-226-0357) for review and approval. • After the Lease or Amendment, accompanied by the Attachment are executed by both parties, a copy must be submitted to Administrative Counsel via e-mail in PDF form (Ic Gtses�a> �_il hur�q._.gnv_) or fax (202-226-0357) for final approval. • If approved, Administrative Counsel will notify the Office of Finance that monthly rental payments can begin. If changes are necessary,Administrative Counsel will contact the office of the Member/Member-Elect. • 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 Lessee's sole responsibility and are not reimbursable from the Member's Representational Allowance. Instructions for completing the District Office Lease ("Lease"): • Preamble—Insert: o Landlord's name; Landlord's address; and Member/Member-Elect's name • Section 1 —Insert: o Square footage of the leased office (if known) o Street address including city, state, and ZIP of the leased office • Section 3—Insert: o Date lease begins (must be on or after January 3, 2023) o Date lease ends (must be on or before January 2, 2025) • Section 4—Insert the amount of monthly rent. If there is no rent, insert "$0.00". If rent is not constant over the lease teen, insert "See Section I I"and note any rent variations in Section 11. • Section 5—Insert the number of days' notice required for either party to terminate the lease before the end of the term. If the lease may not terminate early, enter"N/A"in this blank. • Section 1 I —Insert any additional lease provisions. Note: Sections 1-9, other than filling in the blanks, may not be altered or deleted. 2078 V.S. Mouse of Representatives Washington,D.C. 20515 District Office Lease (Page 1 of 3—118th 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 Col 1100 Simonton Street, Key West, FL 33040 (Landlord's name) (Landlord's street address,city,state,ZIP code) ("Lessor"), and Carlos A Gimenez FL28 , 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 Bldq 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) 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. j 3. Term. Lessee shall have and hold the leased premises for the period beginning Jan 3 20 23 and ending January 2 ,20 25 . The term of this District Office Lease("Lease") may not exceed two (2)years and may not extend beyond January 2,2025,which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be $0.00 , and is payable in arrears on or before the last day of each calendar month. Rent payable under this Lease shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. 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 118th 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 118th 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. 2079 V.S. Mouse of&presentatives Washington,D.C. 20515 District Office Lease (Page 2 of 3—118th 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: [Signature page follows.] 2080 V.S. Abuse of Representatives Washington, D.C. 20515 District ffi (Page 3 of 3— 118th 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 Gim z FL.28 Print Name of*Lessor/Landlord/Company nt Name, * e, ee By: Lessor Signature Lessee Signature Name: Title: 1/9/2023 Date Date ,ll 0UNTY ATTORNEY'S OFFICE ED)kSTO 0 ..,, „ PA7RICIA EABUS ISTMT COUNTY ATTORNEY DATE, 6L22(23_ -, This District Office Lease must be accompanied with an executed District Office Lease Attachment. 2081 District Office - Instructions The District Office Lease Attachment("Attachment") must accompany every Lease or Amendment submitted for a Member/Member-elect's District Office. THE OFFICE OF ADMINISTRATIVE COUNSEL MUST APPROVE ANY LEASE, AMENDMENT, OR ATTACHMENT PRIOR TO SIGNATURE. The term of a District Office Lease or Amendment for the 118th Congress may not commence prior to January 3, 2023. 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 118th Congress,leases should end on January 2, 2025, not December 31, 2024. • The Member/Member-elect is required to personally sign the documents. • The Lessor must complete the amenities checklist in Section A ("Lease Amenities"), including both the"required amenities" and "optional amenities" portions. • Section B ("Additional Lease Terms") of the Attachment SHALL NOT have any provisions deleted or changed. • Prior to either party signing a Lease or an Amendment,the Member/Member-elect must submit the proposed Lease or Amendment, accompanied by the Attachment, to the Office of Administrative Counsel("Administrative Counsel")via e-mail in PDF form (leases� mail.hona�se.g )or fax(202-226-0357)for review and approval. • If Administrative Counsel determines that the proposed terns and conditions of the Lease or Amendment comply with applicable law and House Rules and Regulations, Administrative Counsel will notify the Member/Member-elect to proceed with the execution of the Lease or Amendment. • Once signed by'both parties, the Lease or the Amendment, accompanied by the Attachment,must be submitted to Administrative Counsel via e-mail in PDF form(leases ci)mai1.house..glov) or fax (202-226-0357) for final approval. • Without a properly signed and submitted Attachment, the Lease or Amendment cannot be approved by Administrative Counsel and payments will not be made. • If approved, Administrative Counsel will notify the Office of Finance that monthly rental payments can begin. If changes are necessary, Administrative Counsel will contact the office of the Member/Member-elect. • The parties agree that any changes 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 Lessee's sole responsibility and are not reimbursable from the Members' Representational Allowance. • 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 Administrative Counsel via e-mail in PDF form (Lases�i7rnail.leouse a Marv). 2082 V.S. ,Louse of representatives Washington, D.C. 20515 District Office Lease Attachment (Page 1 of 5—118th Congress) SECTION A (Lease Amenities) Section A 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 Lessor(required amenities): ❑ * Hieh-Speed 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 Space. i 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.) The Lease includes (please check and complete all that apply): ❑ Lockable Space for Networking_Equipment. ❑ Telephone Service Available. CY-Parking. Assigned Parking Spaces X Unassigned Parking Spaces ❑ General Off-Street Parking on an As-Available Basis 12�Utilities. Includes: Water and Electric IN Janitorial Services. Frequency: Daily X Trash Removal. Frequency: Daily ❑ Carpet Cleaning. Frequency: ❑ Window Washing. ❑ Window Treatments. ❑ Tenant Alterations Included In Rental Rate. X] After Hours BuildingAccess. ccess. N Office Furnishings. Includes: Desk and Chairs IX Cable TV Accessible. If checked, Included in Rental Rate: [XYes ❑ No CN Building Manager. ❑ Onsite E'S On Call Contact Name: Kiki Gonzalez Phone Number: 305-797-1492 Email Address: gonzalez-kiki@monroecounty-fl.gov 2083 7J.S. Abuse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 2 of 5—118th 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, 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 CAD 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. c 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 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,U.S. House of Representatives,at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause,operating expense clause,pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee and shall not be paid by the CAO on behalf of the Lessee. 8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either; (a) terminate the Lease by giving thirty(30) days' prior written notice to Lessor; or(b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty(30) day termination notice 2084 V.S. Yfouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 3 of 5— 118th Congress) 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 118th Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, Attn: Kellie Wilson, via e-mail at FC nerrts(�,i)in it houusc.gc>v, and with the Administrative Counsel by e-mail at leases(r�arnail.l�ouLSe. �ov. __.__._.. 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 Administrative Counsel by e-mail at Ic ati� LiSC.gov. Lessee and the House 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 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 Administrative Counsel by e-mail at l mail.t1 )List goy. 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 also promptly file a copy of any such notice via e-mail with the Office of Finance,U.S. House of Representatives, Attn: Kellie Wilson,, via e-mail at FC l c ise,PaymL 7lts(ii)marl hou L,gov and with Administrative Counsel by e-mail at le�i.ses((i),rnaill,rouse gLLv. 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 Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to Administrative Counsel by e-mail at lca�es(z�rnazl.l�oL� e.gcly. 1.5. 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 2085 V.S. .Mouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 4 of 5—118th Congress) 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. 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 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. 2086 V.S. Yfouse of Representatives Washington, D.C. 20515 District iAttachment (Page 5 of 5—118h Congress) 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. Fus Print Name of Lessor/Landlord By: Lessor Signature Lessee Signature Name: Title: Date Date From the Member's Office,who is the point of contact for questions? Name Phone( ) E-mail (t 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 120 (Administrative Counsel) IoNAOE O'UNTY ATTOHNEY'S OF 9 1 p 1DAI'To Opp lW PATR0A EABtE v A,1SS11STANT,FYy,NBATTORNEY DATE, 2087 U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form Hitemal 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 cotnplete all sections below,sign and return via the einail or fax number listed. RETURN FORM TO: VendorEFTCcbnlad.Li use,cgav FAX NUMBER: (202) 225-6914 SECTION UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION ADDRESS US HOUSE OF REPRESENTATIVES-ACCOUNTING,3110 O'NEILL FEDERAL BUILDING,WASHINGTON,DC 20515 AGENCY IDENTIFIER 53-6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202)226.2277 SECTIONII PAYEE/COMPANY INFORMATION NAME(AS SHOWN ON YOUR INCOME TAX RETURN) CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION(required) ❑ Individual/ Sole C Corporation [:]5 Corporation []Partnership ❑TrustlEstate Proprietor BUSINESS NAME/DISREGARDED ENTITY NAME or DBA,IF DIFFERENT THAN ABOVE ❑ Limited Liability Company Enter tax classification Exempt (C=C corporation,S=S corporation,P=Partnership) payee E OF TAX IDENTIFICATION NUMBER ENTER TAX IDENTIFICATION NUMBER ❑OTHER (Other entities,Enter your business name below as shown on required federal tax SOCIAL SECURITY NUMBER (or) documents"Name"line.This name should match the name shown on the charter or other legal EIN document creating the entity.You may enter any business,trade,or DBA name on the"Business name/disregarded entity name"line.) ADDRESS/CITY/STATEIZIP PURCHASE ORDER ADDRESS/CITYISTATEIZIP CONTACT PERSON NAME EMAIL EMAIL TELEPHONE NUMBER FAX NUMBER TELEPHONE NUMBER FAX NUMBER REMIT TO ADDRESS SECTION III FINANCIAL INSTITUTION INFORMATION BANK NAME(Branch City,State) ACH COORDINATOR NAME TELEPHONE NUMBER NINE-DIGIT ROUTING TRANSIT NUMBER DEPOSITOR ACCOUNT TITLE DEPOSITOR ACCOUNT NUMBER LOCKBOX NUMBER TYPE OF ACCOUNT CHECKING SAVINGS 0 LOCKBOX SECTIONIV SOCIO-ECONOMIC INFORMATION Type of Business ®Large Business-No Socio-Economic Designations ❑Minority❑SmBusiness []Sm-Disadv/Minority ❑Sm-Disadv Only ❑SmMin Only Sm-Disadvantaged Business Prog ❑8(a)Firm HUBZone Program ❑HUBZone Eligible ❑Emerging Small Business ❑Women-Owned Business Other Preference Programs ❑Buy Indian Directed to JWOD Non-Profit[]No Preference/Not Listed ❑Small Business Set-Aside ❑Very Small Business Set-Aside Veteran Owned Status 0 Non-Vet Owned SmBus Other Vet Owned SmBus ❑Serv-Disabled Vet Other Bus❑Sere-Disabled Vet Owned SB❑Vet-Owned Other Bus Size of Business ❑(A)50 orless ®(B)51-100 ❑(C)101-250 ❑(D)251-500 ®(E)501-750❑(F)751-1,000 ®(G)Over 1,000®(M)1 million or less ©(N)1.1-2 million ®(P)2.145 million ®R)3.1-5 million ❑(S)5.1-10 million ❑(T 10.1-17 million © Z Over 17 million SECTION V CERTIFICATION OF DATA BY PAYEE/COMPANY NAME TITLE/POSITION SIGNATURE DATE TELEPHONE NUMBER 2088 USHR 2013 V1 Instructions for Completing U.S. House of Representatives Substitute W-9 and ACR 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 ofRepresentatives. Section 11 - 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 eddnaoe. 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 for type ofaccount. Payee/Company may include a voided check with this form. AC0 Account Information Located mna Check mr Deposit Ticket FINANCIAL INSTITUTION NAME name of the financial institution to which the payments are tobedirected ROUTING TRANSIT NUMBER ) financial institution's 9 digit routing transit number; found on the bottom ofe check ordeposit ticket o/from your Financial Institution ACCOUNT TITLE employee's or vendor's name on the account ACCOUNT NUMBER account number at the financial institution 1. Routing Transit Number(RTN) ' nine digits located between THOMAS B. ERSoN 101 two symbols. This number AN v*mK. identifies the bank holding your --- account and check processing center. 2. Aoonuntnumbar-\hieieyour complete account number. , Your account number can be � - -- - -'--- up to 17 digits. P|oeao include � SnftuA leading zeros. 3. &CHRouUngTranadNumber- AutomatadQoohngHouma routing number, use this / u00uuumum1: 1231liS6 ro9V11 0 10 1 number for your Routing Transit Number(RTN)ifyou bank with GunTrustBank. " ^ ' 4. Cheoknumbor-Thio 1 2 3 infnnnaUonionoin000aoery- donotpmvido 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 progname. Veteran owned status and size of business. Detailed information related to Small Business programs can ba found at . 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. 2089