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Agenda 01/10/2017 Item #16E 4 16.E.4' 01/10/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a District Office Lease with Congressman Francis Rooney for use of County-owned office space. OBJECTIVE: To obtain approval from the Board to adopt and execute a Resolution and District Office Lease (Lease) for Congressman Francis Rooney to utilize County-owned office space within the Administration Building at the main Government Center. CONSIDERATIONS: In order to have a local presence in the community, Congressman Francis Rooney (the Congressman) has requested utilization of office space contained in Suite 105 within the Administration Building at the main Government Center. The attached Lease reflects the Congressman's electoral term, which commences on January 2, 2017 and runs through January 2, 2019. The Lease includes a renewal option for additional two-year terms pending the Congressman's re-election. The annual rental is Ten Dollars. The County is responsible for all utilities, janitorial service, and local telephone service to the leased space. The Congressman will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution, which is attached, declares that Suite 105 is not required for County use and available for lease to the Congressman. FISCAL IMPACT: The annual rental fee of Ten Dollars shall be deposited into the General Fund(001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for Board action. -JAB RECOMMENDATION: That the Board of County Commissioners adopts and approves the Resolution and District Office Lease with Congressman Francis Rooney and authorizes its Chairman to execute the attached District Office Lease and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist Facilities Management Division ATTACHMENT(S) 1. Rooney District Lease with CC revisions (PDF) 2. Rooney Resolution District Office Lease(PDF) Packet Pg.669 16.E.4 01/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Item Summary: Recommendation to adopt a Resolution and approve a District Office Lease with Congressman Francis Rooney for use of County-owned office space. Meeting Date: 01/10/2017 Prepared by: Title: Property Management Specialist, Senior—Facilities Management Name: Michael Dowling 12/21/2016 3:10 PM Submitted by: Title: Division Director- Facilities Mgmt—Facilities Management Name: Dennis Lintuidi 12/21/2016 3:10 PM Approved By: Review: Administrative Services Department Len Price Level 1 Division Reviewer Completed 12/21/2016 5:55 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 12/22/2016 12:06 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 12/22/2016 5:58 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2016 9:47 AM County Attorney's Office Scott Teach Level 3 County Attorneys Office Review Completed 12/27/2016 10:08 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/30/2016 9:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/30/2016 10:34 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM Packet Pg. 670 1 6.E.4.a Z1.S. Mouse of cPepresentatives Washington,D.C.20515 rnstrict Office Lease (Page 1 of 3—115'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. Board of County Comissioners Cover County,Fionde c/o Real Property Management,3335 Tamiami Trail East,Naples.Florida 34112 (Landlord's name) (Landlord's street address,city,state,ZIP code) ("Lessor"). and Congressman,Francis Rooney a Member./Member-Elect of the U.S. House of Representatives("Lessee"),agree as follows: to R 1. Location. Lessor shall lease to Lessee 155(+I-) square feet of office space located at 3299 Tamiami Trail East d (Office street address) o in the city,state and ZIP code of Naples,Florida 34112 0 (Office city state and ZIP) rn 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. _ 0 .N 3. Term. Lessee shall have and hold the leased premises for the period beginning January 3 > 20 17 and ending January 2 ,2019 . The term of this District Office Lease("Lease") may not exceed two(2)years and may not extend beyond January 2, 2019, which is the end of U the constitutional term of the Congress to which the Member is elected. 4. Rent. The rent shall be$ 10.00 annually ,and is Fie le in arrears on or before the last day of each calendar month. Rent pa;air this Leas€shall berm e-d-on a daily basis ti d for aa-= fraction of a m^�,,n'— f—,ee pancv. and shall be paid in full by January 15th of each year throughout the term of the lease and any renewals thereto. 5. Earls'Termination. This Lease may be terminated by either party giving 30 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. a 0 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 115th Congress. The District Office Lease Attachment attached hereto is incorporated herein b' reference, and this Lease shall have no force or effect �. unless and until accompanied by an executed District Office Lease Attachment for the 115th Congress. S. 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 iimit or affect any of the provisions hereof. Packet Pg. 671 1 6.E.4.a �.5. .7{ouse of f 1Representatives Washington. D.C. 20515 District OM lease (Page 2 of�—115`h 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. I I. Other. Additionally,the Lessor and the Lessee agree to the following: C) asN d J T N 0 0 Lt N O N 0 0 U m m —J U N_ N O O [Signature page.1P1It ws.] cu- Packet C4 Packet Pg. 672 .......... 16.E.4.a VS. House of Representatives Washington, D.C. 20515 District office Lease (Page 3 of 3- 115`"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. Board of County Commissioners.Collier County,Florida Print Name of Lessor,%Landlordrompanv Print Name of Lessee rn a> J By: Lessor Signature Lessee Signature Name: Donna Fiala Title: Chairman o.) N Date Date rn a> J rl 11" . 3 OCK, Ciorrk Approved as to form and legality D}': m Assistant County Attorney o 7 it U f4 Q This District Office Lease must he accompanied with an executed District Office Lease Attachment. Packet Pg. 673 16.E.4.a `U.S. Jfouse of Rcpr'esentatives Washington,D.C.20515 trot Ofd Luse Attachment (Page 1 of 5—115'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: rn a) [n The leased space will serve as my flagship(primary)District Office. 0 The leased space will NOT serve as my flagship(primary)District Office. To be completed by the Lessor: n Amenities are separately listed elsewhere in the Lease. er (The below checklist can be left blank if the above box is checked.) N The Lease includes(please check and complete all that apply): o (Items marked with an asterisk and in bold are required for all flagship offices of Freshman .>— Members of the 115`h Congress.) a' U CEJ * Broadband and/or Cable Access to the Leased Space(e.g. Comcast,Cox.Verizon,etc.). (Verify broadband access by entering the address of the leased space at www.broadbandmap.gov) ❑ * Interior Wiring CAT Se or Better within Leased Space. a' to ❑ Lockable Space for Networking Equipment. J © Telephone Service Available. © Parking. a Assigned Parking Spaces u, ❑ Unassigned Parking Spaces ❑ General Off-Street Parking on an As-Available Basis 0 ❑ Utilities. Includes: water,sewer,electricity,cable,local phone(long distance to be billed) 0 rt El Janitorial Services. Frequency: Three weekly O Trash Removal. Frequency: Three weekly E3 Carnet Cleaning. Frequency: When needed determined by landlord O Window Washing. ❑ Window Treatments. ra ❑ Tenant Alterations Included In Rental Rate. O After Hours Building Access. • Office Furnishings. Includes: Desk,office,chairs,filing,small table ❑ Cable TV Accessible. If checked, Included in Rental Rate: in Yes 0 No O Building Manager. ❑ Onsite 0 On Call Contact Name:Facilities Management Phone Number:252-5380 Email Address:michaeldowling..*coUiergov.net Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington.D.C.20515. Copies may also be faxed to 202-225-6999. Print FormSave Form j Clear Page Packet Pg. 674 I6.E.4.a VS. grouse of f Representatives Washington,D.C.20515 !It OM Leese Attachment (Page 2 of 5—115th Congress) SECTION B (Additional Terms and Conditions) 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. d 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives m (the"House")nor its Officers are liable for the performance of the Lease. Lessor further -J, expressly acknowledges that payments made by the Chief Administrative Officer of the House c (the"CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are o 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. m 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and g 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. cvi 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 a, of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that CSS 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 :EU 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 agee that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office during the term of the Lease,the Clerk of the House may,at his or her sole option,either: (a) Send complexed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515. Copies may also be fared to 202-225-6999. Packet Pg. 675 16.E.4.a V.S. grouse of Xepresentatives Washington, D.C. 20515 District Office Lease Attachment (Page 3 of 5— 115'Congress) terminate the Lease by giving thirty(30)days' prior written notice to Lessor; or(b)assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease,the commencement date of such thirty(30)day termination notice 'shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice is postmarked. 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office. -J Should the Member-Elect not take office to serve as a Member of the 1I5th Congress,the Lease >, will be considered null and void. 0 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 a) Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3220,Attn:Levi Matthews,Washington,D.C.20515,and with the Administrative Counsel by e-mail at leasesaimail.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 leasesiaimail.house.gov. 12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30)days prior written notice to Lessee in the event(a)of any sale to a third party of any part of the leased premises, or(b) Lessor transfers or otherwise disposes of any of the leased premises,and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at leasesq: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 3220,Attn: Levi Matthews, Washington. D.C. 20515, and with the Administrative Counsel by e-mail at leasesidlnail.house.gov. Co c.) 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 leasesi'aimail.house.zov. Send on ted fr.)rms to. Administrative Counse,217 Ford house Office Building. il'ashIngton, D.C.20315. Copies mai'also he faxed to 202-225-69K Packet Pg. 676 1 6.E.4.a V S. Mouse of g4presentatives Washington, D.C. 20515 District Office Lea:-41 Attachmort (Page 4 of 5—115th Congress) 15. Maintenance of Common Areas. Lessor agrees to maintain in good order,at its sole expense, all public and common areas of the building including, but not limited to,all sidewalks, parking areas,lobbies,elevators,escalators,entryways, exits,alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair or replace as needed,at its sole expense,all structural and other components of the premises including,but not limited to,roofs,ceilings,walls(interior and exterior),floors,windows,doors, foundations,fixtures,and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment(including window air conditioning units provided by the Lessor)serving y the premises. CI) 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage,either to 0 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. rn 18. Initial Alterations. Lessor shall make any initial alterations to the leased premises,as requested N by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of to such initial alterations shall be included in the annual rental rate. o co 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 v 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, in 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. 0 0 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 ti 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 forms to:Administrative Counsel.217 Ford House Office Building. Washington,D.C.20515. Copies may also he faxed to 202-225-6999. Packet Pg. 677 16.E.4.a VS. Mouse of Representatives Washington, D.C.20515 District Office Lease Attachment (Page 5 of 5—115`"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 are not relatives nor have had,or continue to have,a professional or legal relationship (except as a landlord and tenant). to �a a) 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 c 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 hut all of which together shall be N deemed to be one and the same instrument. N 29. Section Headings. The section headings of this Attachment are for convenience of referenceco o 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 U later date written below by the Lessor or the Lessee. C, $Dare at County Commissoners CoU,er County,FtoraCa Ca f4 Print Name of Lessor'Landlord Print Name of Lessee U N_ By: Lessor Signature Lessee Signature' >, a) Name: Donna Fiala Title: Chairman tt m Date Date ea 1From the Member's Office,who is the point of contact for questions° Name Phone( ) E-mail a meilhouse.gov This District Office Lease Attachment and the attached Least or Amendment have been reviewed and are approved,pursuant to Regulations of the Committee on House Administration. Sieved Date .20 (Administrative Counsel Send completed forms to:.admir arable Counsel.21'Ford Houle Office Building. Washington,D.C.20?15. Copies.mat'also he,faxed to 2012-225-6999. Approved as to form and legality E. ,. ..- vt Assistant County Attorney _ s 4 Packet Pg. 678 I6.E.4.b RESOLUTION No. 2017 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A DISTRICT OFFICE LEASE BETWEEN COLLIER COUNTY AND CONGRESSMAN FRANCIS ROONEY FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Francis Rooney(`Congressman') desires to lease an office space within the Administration Building, Suite 105, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a United States government office. WHEREAS, the District Office Lease (Lease) provides for an initial two (2) year term which o reflects the Congressman's election term. The Lease provides for automatic renewal terms, if the Congressman is re-elected, for additional two (2) year terms following the initial Lease term. The rent shall be Ten Dollars annually throuchout the life of the Lease. ` N WHEREAS, the Board of County Commissioners is satisfied that this property is required for the 2 Congressman's use and is not needed for County purposes. m NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS o OF COLLIER COUNTY, FLORIDA,that: N 1. The Board of County Commissioners does approve the attached District Office Lease between o Collier County and Congressman Francis Rooney, U.S. House of Representatives. 2. The Chairman of the Board of Count} Commissioners of Collier County, Florida, is hereby c authorized to execute the attached District Office Lease. a a, This Resolution adopted this day of , 2017 after g cc motion, second and majority vote. a, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorney 27 -�lh Via' .,! ti� Packet Pg. 679