Section Adm 809.03 - Form of Leases at a Cost of Less than the Governor and Council Approval Threshold(a) In regard to leases at a cost less than the governor and council approval threshold over the duration of the agreement, the proposed lessor and the agency shall, if the process has not been cancelled by the state, execute a standard lease agreement available from the division.(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide, on the standard lease agreement available from the division, at least the information set forth at Adm 808.01(b) above.(c) The standard lease agreement available from the division shall contain a provision indicating that the lease and the commencement of its term, and any extensions thereof, is conditioned upon its approval by the commissioner.(d) The terms and conditions of a standard lease agreement available from the division shall not be modified or amended except upon approval of the New Hampshire department of justice.(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, in order to address the specific circumstances of the particular agreement, each standard lease agreement submitted for approval shall have attached thereto each of the following exhibits or attachments: (1) If any modifications or amendments to the standard rental agreement have been made, the text of those changes;(2) A current certificate of insurance from the proposed lessor indicating that the proposed premises are insured in the amounts specified in the proposed lease or in attachments or addenda thereto;(3) If the proposed lessor is a New Hampshire corporation, partnership, or other form of business association, a current certificate of good standing, certificate of existence, or other documentation from the New Hampshire secretary of state indicating that the proposed lessor is duly constituted and in good standing in the state of New Hampshire;(4) If the proposed lessor is a corporation, partnership, or other form of business association not formed in New Hampshire, documentation from the New Hampshire secretary of state that the proposed lessor is registered to do business in New Hampshire;(5) If not provided by the proposed lessor under the terms of the proposed rental agreement, estimates for the following services:(6) A printed copy of an accurate floor plan of the leased space, measurable to scale, which shall include an illustration of the space that is to be for the agency's sole use, and any space to be shared with other building occupants;(7) If provision of designated parking spaces is included in the lease, an accurate plan depicting the parking spaces and their relation to the building and site;(8) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;(9) If janitorial services are to be provided by the proposed lessor, a description of those services and how they shall be performed;(10) A description of the provisions that are either in place or are contractually agreed to be performed in the future in order to assure architecturally barrier-free access leading into and extending throughout the lease space, to the extent required by RSA 275-C and the federal Americans with Disabilities Act;(11) A description of the provisions made for testing for, and complying with, clean air quality standards for state buildings in accordance with RSA 10-B, or a certificate of compliance with clean air quality standards;(12) A detailed description of any improvements, renovations, modifications, new construction, or other changes to be made at the premises, containing accurate, measurable floor plans depicting all proposed demolition and or new construction, and the specifications for all new construction and materials;(13) A statement regarding the manner in which any waste materials for which markets are readily available will be recycled, in accordance with RSA 9-C:3; and(14) If the proposed lessor is not an individual, a fully executed certificate of authority, in such format as is specified by the division following consultation with the New Hampshire department of justice, indicating that the corporation or other entity has resolved to enter the agreement and that corporate officers or other representatives of the entity are authorized to act in regard thereto.(f) The proposed parties to the lease shall provide authorized and notarized signatures in the spaces provided on the standard lease agreement, but such lease shall not be effective unless and until approved by the commissioner according to the standards set forth at Adm 805.02(c).(g) Any recommendation issued by the New Hampshire department of justice for any modifications or amendments of the standard lease agreement may be noted by the New Hampshire department of justice either on the proposed lease agreement or in an attachment thereto.(h) The standard lease agreement shall contain a space in which the approval of the commissioner, if any, shall be noted, together with the date of such approval.N.H. Admin. Code § Adm 809.03
Derived from Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 800).