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Certified Translation MC-2023-003

Page 1 of 14

121-000100 

0872071-0180

GOVERNMENT OF PUERTO RICO

DEPARTMENT OF EDUCATION

LEASE AGREEMENT

OF THE FIRST PARTY: The Department of EducaBon of Puerto Rico, represented herein by its 

Secretary, Mr. Eliezer Ramos Parés, of legal age, married and a resident of San Juan, Puerto Rico, 

hereina@er referred to as "Lessee", the "Department" or "DE".

OF THE SECOND PARTY: Luis A. Rivera Siaca, owner in fee simple of the building that is the object 

of this lease, of legal age, married, businessman and neighbor of Guaynabo, Puerto Rico, 

hereina@er referred to as the "Lessor".

STATE

That the Department, by virtue of the authority conferred upon it by Act 85 of March 29, 2018, 

as amended, known as the "Puerto Rico EducaPon Reform Act," by the ConsPtuPon of the 

Commonwealth of Puerto Rico, and by the laws administered by the Department has the power 

to enter into such contracts as may be necessary to comply with its obligaPons at law.

Having stated the foregoing, the parPes hereto enter into this lease agreement (the "Agreement") 

subject to the following:

TERMS AND CONDITIONS

1. Leased Property:

a. DescripBon of the Leased Property: The Lessor hereby leases to the property located 

at 33 Calaf Street, San Juan, Puerto Rico, with parking spaces for DE employees, where 

the Department's offices are currently located (the "Leased Property"). The Leased 

Property is twenty-eight thousand four hundred and thirty-one (28,431) square feet.

b. Structure: The structure containing the Leased Property consists of the following:

ConstrucPon The Building consists of a single level structure with a parking area.

Area

Of the Lot

The website of the Planning Board of Puerto Rico 

establishes that the building is constructed on a lot of five 

thousand fi@een point thirty-eight (5,015.38) square 

meters.

Of the 

Premises

The building has a total rentable area of twenty-eight 

thousand four hundred thirty-one (28,431) square feet.

Of the 

Parking Lot

The building has a parking area with a capacity of 135 

parking spaces, including back-to-back spaces.

LocaPon and 

Property 

RegistraPon 

CerPficate

Corner of Teniente César González Ave. and Juan Calaf Street No. 33.

Tres Monjitas Industrial Development, Hato Rey

San Juan, Puerto Rico

c. Use of the Leased Property: The Leased Property will be used as the headquarters of 

the Department's offices and currently houses the AdministraPve Offices of Auxiliary 

Services, TransportaPon, Tal System, 

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Luis A. Rivera Siaca

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RePrement Office, Food and Non-Teaching Authority of the DE, the AdministraPve Offices 

of the San Juan Region, and the InformaPon Systems Offices (OSIAT), among others. The 

Leased Property shall also be used for any other lawful use or purpose related to the 

operaPons of the Lessee.

d. Access: The Lessee shall have access during business hours and business days, during the 

term of the Agreement, to the Leased Property, the parking area, the corridors, accesses 

and other common areas of the building and the land.

e. Parking Lots: The Lessor shall provide one hundred thirty-five (135) parking spaces for 

Department employees at the Leased Property and addiPonal spaces free of charge at the 

lot on Federico Costas Street. 

2. Required Approvals. The parPes cerPfy that they have obtained all approvals required by law 

prior to the execuPon of this Agreement, including the approval of the Office of Management 

and Budget, the Office of the Governor and the Real Estate Property Review Board pursuant to 

Act 235 of 2014 and the regulaPons and circular leders enacted thereunder.

3. Term of the Agreement: This Agreement shall be effecPve from the signature of the parPes 

hereto unPl the date of June thirty (30), 2026, and it shall be strictly subject to the request and 

approval of the annual budget and the health and fiscal policies of the Federal Government and 

the Government of Puerto Rico. 

4. Total Rent: The Lessee shall pay to the Lessor, without prior demand and without any deducPon, 

discount or compensaPon of any kind, the amounts indicated in this ArPcle. Payments shall be 

sent to the mailing address provided by the Lessor for such purposes or shall be made by direct 

deposit to the account indicated by the Lessor, as the parPes may agree from Pme to Pme:

a. Rent: The total rent to be paid the first year per square foot is Nineteen Dollars and TwentyNine Cents ($19.29) per twenty-eight thousand four hundred thirty-one square feet 

(28,431), for an annual rental payment of Five Hundred Forty-Eight Thousand Four Hundred 

Thirty-Three Dollars and Ninety-Nine Cents ($548,433.99) and a monthly rent of Forty-Five 

Thousand Seven Hundred Two Dollars and Eighty-Three Cents (the "Rent"). A@er the 

conclusion of the first year of payment of Rent by Lessee, the Rent shall bear an annual 

increase of three percent (3%) unPl the expiraPon of the Agreement, as set forth in the 

table below: 

PERIOD TOTAL (12 MONTHS) MONTHLY

1 $ 548,433.99 $ 45,702.83

2 $ 564,071.04 $ 47,005.92

3 $ 580,561.02 $ 48,380.09

4 $ 597,051.00 $ 49,754.25

5 $ 614,393.91 $ 51,199.49

OperaPng expenses include property taxes (CRIM); municipal patents; other exisPng 

Leased Property taxes that may be legislated, insurance premiums; maintenance and 

repairs including labor and supervision of: (i) the exterior areas and gardens, (ii) 

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Luis A. Rivera Siaca

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trees; (iii) parking lots, (iv) fences, (v) exterminaPon service in common areas; (vi) 

replacement and installaPon of interior lighPng fixtures (vii) exterior painPng of the 

building; (viii) air condiPoning system (ix) and of the water pumps necessary for its 

operaPon.

5. TerminaBon of the Agreement: The Lessee shall have the right to terminate the Agreement, for 

any reason and at any Pme during the Term, upon wriden noPce to the Lessor at least thirty (30) 

days prior to the date of terminaPon and provided that the Lessee is current in the payment of 

the Rent and any other obligaPons under the Agreement.

6. RetenBon of Possession aRer the Term: Upon the expiraPon of the term of the Agreement, 

Lessee may retain possession of the Leased Property for two months, provided that Lessee

noPfies Lessor in wriPng of its intenPon to extend the Agreement term at least sixty (60) days in 

advance, subject to execuPon of an agreement to such effect and approval of funds. 

7. Electricity and Water Services: Electricity and water will be paid for by the Lessee.

8. Maintenance and Repairs:

A. Lessor's Maintenance ObligaBons: Lessor shall maintain in good condiPon:

(a) All structural parts of the Leased Property, including, without limitaPon, foundaPons, 

bearing walls, exterior walls, and all common areas including floor and roof. 

(b) Electrical, plumbing, parts and sewer systems.

(c) Storm Drains from the Leased Property.

(d) Parking lots and all common areas of the Leased Property, including the Land.

(e) Exterior painPng and common areas of the Leased Property.

(f) All emergency services and any other services related to the best operaPon of the 

Leased Property.

(g) Air condiPoning and its components, including maintenance and repair.

(h) Electrical systems, including repair and maintenance of substaPons and electrical 

rooms.

(i) LighPng: including lamps and bulbs.

(j) Maintenance and "Handyman" by a minimum of six (6) experienced employees.

(k) ExterminaPon in common areas.

B. Repairs by Lessor: Lessor shall be responsible, at its expense, for repairs to the Leased 

Property in the following circumstances:

(a) Damage to the Leased Property caused by condiPons beyond Lessee's control, 

including, without limitaPon, damage caused by fires, tornadoes, hurricanes, 

earthquakes, acts of God. 

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(b) Damages resulPng from the act, neglect or omission of the Lessor, its agents, 

representaPves, contractors, subcontractors and employees.

(c) Any necessary repairs to the foundaPons, bearing walls, exterior walls and roof of the 

Leased Property so as to keep the roof and walls of the Leased Property properly 

waterproofed and in good condiPon.

(d) Lessor agrees to make, at its expense, any changes or improvements to the Leased 

Property required to meet the specificaPons and safety requirements established or 

to be established during the Term by the Fire Department, Department of Labor and 

Human Resources (OSHA), Department of Health, Environmental Quality or any other 

concerned agency as well as all repair or maintenance work that is structural in nature, 

roof waterproofing and/or related to the electrical substaPons installed on the 

Property.

C. No Default: There shall be no default by the Lessor nor shall the Lessor be liable for any 

direct or indirect damages caused by the installaPon, use or interrupPon of use of any 

equipment or services and/or for any delay in providing or failure to provide any such 

services when the reason is directly related to any accident, act of God, natural disaster or 

any situaPon beyond the control of the Lessor; or for making necessary improvements or 

repairs to the water, electrical or any other form of power systems providing service to the 

Leased Property. The Lessor shall diligently remedy any interrupPon of such services. Lessor 

shall not be enPtled to have Rent abated for the foregoing reasons, provided that the 

Leased Property can reasonably be used during the service interrupPon for Lessee's normal 

acPviPes and the service interrupPon is not for a period of Pme longer than forty-eight (48) 

business hours.

D. Maintenance by Lessee: Except as provided in the Agreement, Lessee, at its expense, shall 

maintain and care for the enPre interior of the Leased Property and make such repairs as 

are necessary to keep the same in good condiPon.

9. AlteraBons and Equipment:

A. AlteraBons or Improvements: The Lessee, at its expense, during the Term of the 

Agreement, may make such alteraPons, improvements, or addiPons to the Leased Property 

as it deems necessary (hereina@er referred to as the "Improvements"), provided that it 

obtains the prior wriden consent of the Lessor, which consent shall not be unreasonably 

delayed or withheld. The Lessee is obligated, upon terminaPon of the Agreement, to 

remove the Improvements.

B. Equipment/Furnishings: The Lessee may install on the Leased Property all such business 

equipment, furniture and chadels as it deems necessary and/or advisable for the beder 

performance of its business. All equipment or personal property installed on the Leased 

Property shall be and remain property of the Lessee.

Upon terminaPon of the Agreement, the Lessee shall be obligated to remove all equipment 

and personal property installed in the Leased Property and to repair at its own expense any 

damage caused by such removal.

10. Damage and/or DestrucBon:

A. ReconstrucBon by Lessor. If any part of the Leased Property is damaged or destroyed in 

whole or in part, by reason of fire, 

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the elements, or any other cause such as a hurricane, earthquake or other natural disaster, 

(hereina@er referred to as an "Event") then the Lessor shall be obligated at its sole cost and 

expense to rebuild and restore the Leased Property as soon as possible to the condiPon 

exisPng immediately prior to the Event. The reconstrucPon work shall be carried out within 

a reasonable period of Pme taking into consideraPon the nature and extent of the damage 

occurred.

B. TerminaBon of Agreement: If for any reason the Leased Property is not in good condiPon 

for use in the normal operaPons of the Lessee or cannot be rebuilt as required within a 

reasonable period of Pme, not to exceed 120 days a@er the occurrence of the Event, then 

the Lessee shall have the right to terminate this Agreement without payment of the 

cancellaPon or terminaPon provisions of this Agreement. Likewise, the Lessee may exercise 

the provisions of Clause 5 of this Agreement.

11. IndemnificaBon of the ParBes: The Lessor and/or the Lessee, as the case may be, upon prior 

noPce shall indemnify and hold harmless the other party, from any complaint, claim, loss or 

damage that may arise from accidents occurring in or damage caused to the Leased Property 

and/or the land of the Leased Property, or the land where it is located, due to the negligence, 

or act or omission of either party and/or its agents, employees, contractors or subcontractors, 

except when they have occurred as a direct consequence of the negligence or misconduct of the 

Lessor or the Lessee, as the case may be.

In the event that the Lessor and/or the Lessee are noPfied of a claim, cause of acPon or any 

proceeding that may result in an indemnity to be paid by the other party, as provided in the 

preceding paragraph, then the Lessor or the Lessee, as the case may be, shall give prompt 

wriden noPce to the other party informing it in detail of the situaPon in quesPon.

The Lessor and/or the Lessee shall immediately forward to the other any complaint, noPce or 

summons received by it or its representaPves.

The Lessor and/or the Lessee, as the case may be, shall have the obligaPon and the right to 

defend against allegaPons, acPons or proceedings where they may be enPtled to be indemnified 

under the secPons of this ArPcle. In which event, the Lessor and/or Lessee shall have the right 

to sedle the claim, cause of acPon or proceeding, subject to the wriden consent of the other 

party, which consent shall not be unreasonably withheld.

12. Insurance: The Lessor shall maintain throughout the term of the Agreement, as follows:

Limits of Insurance

General Aggregate $1,000,000

Products Completed OperaPons Aggregate $1,000,000

Personal Injury & AdverPsing Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage $100,000

Medical Expense $5,000

Insurance Company Policy Number

Liberty Mutual MPRO020190050-1

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13. Signs: All signs that may be installed by Lessor and Lessee, as the case may be, shall meet all 

requirements of law and shall be properly installed.

Lessee shall obtain the Lessor's prior wriden consent which shall not be unreasonably withheld, 

delayed or issued under certain condiPons.

Lessee shall not install, place or permit the installaPon or placement of signs or graphics that 

would affect the nature of the Leased Property as a commercial building peculiar to the area. 

No rental signs or banners may be located within the Leased Property without the prior consent 

of Lessor.

14. Default:

A. Default by Lessee: Lessee shall be in default under the terms of this Agreement if it fails to 

comply with any term or condiPon of the Agreement and if such default is not cured within 

60 days from the date of wriden noPce from Lessor. If the default cannot reasonably be 

cured within the foregoing period, but the Lessee has commenced to cure within such 

period, the Lessee shall be enPtled to a cure within such period. If the default cannot 

reasonably be cured within the foregoing period, but the Lessee has commenced to cure 

within such period and is conPnuing the work to cure the default in a diligent manner, then 

the Lessee shall not be deemed to be in default.

If the Lessee fails to cure its default, the Lessor, in addiPon to any other remedy provided 

at law and equity, may cure the same at the Lessee's expense. If the Lessor pays any sum 

adributable to the Lessee's default, such sum shall be reimbursed to the Lessor, and the 

Lessor may terminate this Agreement.

B. Default by Lessor: Lessor shall be in default under the terms of this Agreement if it fails to 

comply with any term or condiPon of the Agreement and if such default is not cured within 

60 days from the date of wriden noPce from Lessee. If the default cannot reasonably be 

cured within the foregoing period, but the Lessor has commenced to cure within such 

period and is conPnuing to work to cure the default in a diligent manner, then the Lessor

shall not be deemed to be in default.

If the Lessor fails to cure its default, the Lessee, in addiPon to any other remedy provided 

at law and equity, may cure the same at the Lessor's expense. If the Lessee pays any sum 

adributable to the Lessor's default, such sum shall be reimbursed to the Lessee.

C. NoBce: Any noPce of default under this ArPcle shall specify the nature of the default and 

the applicable secPons of the Agreement.

15. SubordinaBon: This Agreement and all rights of the Lessee hereunder may be subordinated at 

any Pme to any mortgage which presently exists or which may herea@er exist on the Leased 

Property. 

This clause shall be operaPve automaPcally and without the need to execute of any other 

subordinaPon document.

It is understood and agreed that the possession of the Leased Property and the use to which the 

Lessee is puong it shall not be affected in any way by the Lessor

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and/or its mortgagee so long as the Lessee is not in default under this Agreement.

16. Return of Leased Property: Upon terminaPon of the Agreement, the Lessee shall deliver to the 

Lessor the Leased Property in good condiPon of use and conservaPon except for deterioraPon 

caused by the passage of Pme or by normal use or by damage caused by an Event (as set forth 

in the Damage and/or DestrucPon clause of this Agreement).

17. RepresentaBons and WarranBes of the Lessor: Lessor represents and warrants to Lessee that it 

is the owner in fee simple of the Leased Property (land and building) and that it is fully enPtled 

to enter into this Agreement.

Subject to the terms and definiPons set forth in this Agreement, the Lessee shall be enPtled to 

possession of the Leased Property for its full and exclusive use. The Lessor shall have the 

obligaPon to protect the Lessee from any disturbance or interference by third parPes acPng 

under a right. As long as Lessee fully complies with the terms of this Agreement, Lessee shall be 

enPtled to occupy the Leased Property peaceably and conPnuously and without interference 

from any party by Lessor and any personnel claiming through Lessor.

The Lessor shall comply with all the terms and condiPons contained in this Agreement.

18. RepresentaBons and WarranBes of the Lessee: That the Lessee has the capacity and authority 

at law to execute this Agreement and to be bound by the terms and condiPons of this 

Agreement. The Lessee has arranged for and obtained all required governmental permits prior 

to the execuPon of this Agreement.

The Lessee shall comply with all the terms and condiPons contained in this Agreement.

19. NoBces: Any noPce, request for consent or any other communicaPon that a party wishesto give 

to the other party under this Agreement shall be:

(a) Hand-delivered, sent by cerPfied mail with return receipt requested, by e-mail, via 

facsimile or by private courier (DHL, Fedex, etc.) with return receipt requested and 

shall be addressed to the party and address set forth below. Any change of address 

shall be noPfied in wriPng to the other party. 

(b) NoPces shall be deemed given 48 hours a@er being sent by registered or private mail; 

or immediately if delivered by hand, facsimile, or e-mail. 

(c) All noPces, if given to the Lessor, shall be addressed to: 

Luis A. Rivera Siaca

P.O. Box 190681

San Juan, Puerto Rico 00919-0681

Tel. (787) 620-1736 / Fax (787) 620-1739

Email: pinsy@erspr.com

milagros@erspr.com

(c) All noPces, if given to the Lessee, shall be addressed to:

Department of EducaPon

Special EducaPon Service Center

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P. O. Box 190759

San Juan, Puerto Rico 00919-0759

Tel. 787-723-9090 ext. 6123;

Email: malaveic@de.pr.gov

20. Document RetenBon and Audits: Lessor shall retain copies of all documents relaPng to its 

obligaPons under this Agreement.

The documents described above shall be available for inspecPon and audit by officials of the 

Lessee, the Comptroller's Office, or any official enPty of the Government of Puerto Rico or the 

Government of the United States. The Department may request in wriPng any informaPon 

required for audit purposes and related to this Agreement and the performance of the Lessor's 

obligaPons under this Agreement.

The Lessor shall retain the documents generated in connecPon with this Agreement for a period 

of six (6) years a@er the expiraPon of this Agreement. In the event an audit has been iniPated 

and a finding remains unresolved at the end of such period; the documents shall be retained 

unPl resoluPon of such finding. 

If prior to six (6) years the Comptroller's Office conducts an audit or invesPgaPon of this 

Agreement and issues a report, the Lessor shall retain such reports and other documents for a 

minimum of five (5) addiPonal years.

21. Billing: Contractor shall invoice upon complePon of services rendered. The invoice shall be sent 

in original and three (3) duly cerPfied copies, in accordance with the AccounPng Act and 

following the rules established by the supervisory agencies of the Government of Puerto Rico.

Billing shall be made under the terms expressly agreed upon in this Agreement and shall be 

specific and itemized. It is the Contractor's responsibility to ensure the accuracy and 

reasonableness of each invoice submided. The Department shall review each invoice submided 

and shall consider such invoice as a cerPficaPon by the Contractor that the services offered and 

expenses incurred are reasonable for the type of mader being contracted. The Department 

reserves the right to adjust or object to any invoice or work performed reported thereon due to 

noncompliance with these guidelines or based on contracPng or for any other valid reason.

As required by EO-2001-73, the Contractor shall include in each invoice submided to the 

Department the following cerPficaPon: 

"Under penalty of absolute nullity, the Contractor cer7fies that no public servant of the 

Department of Educa7on is a party to or has any interest in the proceeds or benefits resul7ng 

from the contract that is the subject of this invoice and if being a party to or having an interest 

in the proceeds or benefits resul7ng from the contract has been previously waived. The sole 

considera7on for furnishing the goods or services that are the subject of the contract has been 

the payment agreed upon with the Secretary or his authorized representa7ve. The amount of 

this invoice is fair and correct, and the services have been rendered and have not been paid."

Prior to payment, invoices shall be duly cerPfied by the Secretary of EducaPon or his authorized 

representaPve. The Department will not make any payment in excess of the amount provided 

for in this Agreement, regardless of the reasons it may have for such excess. 

The invoice shall be sent to the office of the Assistant Secretary for Auxiliary Services for 

evaluaPon. It shall be adached by any supporPng documentaPon or evidence. The Contractor 

shall comply with the requirements of the Department of the Treasury, the Office of 

Management and Budget and the Financial Oversight Board, shall invoice for services using the 

Department's E-sedlement 

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Online Billing System ("E-sedlement"). The Department shall provide the Contractor with a 

Manual for the use of E-sedlement and the Contractor shall coordinate with the Department's 

Finance Office for iniPal guidance in obtaining access to E-sedlement.

22. Account Number: Payment of Rent earned under this Agreement shall be made from account 

number E2632-111-02000000-3140-003-2021 or such other account numbers as may be 

idenPfied in the future for such purposes. Disbursements for Services rendered and billed under 

this Agreement shall at all Pmes be subject to the availability of appropriated and duly cerPfied 

funds.

23. ASUME CerBficate: The Lessor, as a legal enPty, cerPfies that, as an employer, it is in compliance 

with its employees' child support withholding orders.

24. State Insurance Fund: Throughout the Term of this Agreement, the Lessor shall be responsible 

for maintaining a policy with the State Insurance Fund covering its employees and all personnel 

performing services under this Agreement.

25. CerBficaBons under EO-1991-24 and EO 1992-52 (Filing of Tax Returns and Unemployment and 

Other Debts): The Lessor cerPfies and warrants that at the Pme of execuPng this Agreement it 

has filed its income tax return during the five (5) years prior to this Agreement and does not owe 

taxes to the Government of Puerto Rico, or is under a payment plan, with whose terms and 

condiPons it is in compliance. The Lessor cerPfies and warrants that at the Pme this Agreement 

is executed, it has paid the unemployment insurance, temporary disability and chauffeurs’social 

security taxes (whichever is applicable) or is under a payment plan with whose terms and 

condiPons it is in compliance.

The Lessor cerPfies that it has no debts with the Government of Puerto Rico or its municipaliPes, 

including without limitaPon, debts for municipal taxes, property taxes, licenses, payroll taxes, 

interest, dividends or for any other origin or mader, or that it is under a payment plan, with 

whose terms and condiPons it is complying.

It is expressly acknowledged that this is an essenPal condiPon of this Agreement, and if the 

foregoing cerPficaPon is not correct in whole or in part, this shall be sufficient cause for the 

Department to terminate this Agreement and the Lessor shall be required to reimburse the 

Department for all monies received under this Agreement.

26. CerBficaBon of No Criminal ConvicBon: Pursuant to the provisions of Act 2 of January 4, 2018 

creaPng the AnP-CorrupPon Code of the Government of Puerto Rico and Circular Leder Number 

2009-01 of March 9, 2009 of the Department of JusPce, the Lessor cerPfies and warrants that 

at the Pme of execuPon of this Agreement neither he/she, nor, in the case of corporaPons or 

other legal enPPes, the officers, principal employees, shareholders, members, or members of 

the Board of Directors of the corporaPon or enPty, nor its affiliates or subsidiaries or parent 

enPty has been convicted, has been found probable cause for arrest, or has pleaded guilty of 

any offense included in SecPon 6. 8 of Act Number 8 of 2017 (Act for the AdministraPon and 

TransformaPon of Human Resources in the Government of Puerto Rico) or in the AnP-CorrupPon 

Code, that adempt against the treasury, public faith or funcPon, against governmental exercise 

or involving public funds or property at the federal or state level or other foreign jurisdicPon or 

with any other provision of the Act.

Lessor acknowledges its duty to report on a conPnuing basis, during the term of the Agreement, 

any facts relaPng to the conduct of any invesPgaPon into the commission of a crime 

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Exhibit A Page 22 of 27
Certified Translation MC-2023-003

Page 10 of 14

Luis A. Rivera Siaca

Page 10 of 13

against the public treasury, faith or funcPon; against governmental performance, involving 

public funds or property at the federal or state level. This obligaPon shall be of a conPnuing 

nature during all stages of the procurement and execuPon of the Agreement. 

This Agreement shall be terminated by the Department in the event probable cause for arrest is 

found against the Lessor for the commission of any offense against the public treasury, faith or 

trust; against governmental performance; or involving federal or state public funds or property.

27. ASUME ContribuBon and CerBficaBons: The Contractor has submided or has authorized the 

Department to arrange for or, upon registraPon with the General Services AdministraPon's 

Single Registry of Bidders, has submided (and so evidenced) the applicable of the following 

cerPficaPons, which shall be made a part of this Agreement:

a- Copy of the Merchant RegistraPon CerPficate (Model SC 2918).

b- CerPficaPon of good standing with the filing of reports to the Department of State ("Good 

Standing").

c- CerPficaPon of Filing of Sales and Use Tax Returns-IVU (Model SC 2942).

d- CerPficaPon of Sales and Use Tax Debt (Form SC 2927). If there are debts for which the 

Contractor indicates that it is under a payment plan, it must submit a manual cerPficaPon 

issued by the Treasury Department indicaPng that it is complying with its terms. 

e- CerPficaPon of existence or authorizaPon to do business in Puerto Rico from the 

Department of State.

f- CerPficaPon of Debt from the Department of the Treasury (Form SC 6096). If there are 

debts for which the Contractor indicates that it is under a payment plan, it must submit a 

manual cerPficaPon from the Treasury Department indicaPng that it is in compliance with 

its terms.

g- CerPficaPon of having filed income tax returns for the past five (5) years from the 

Department of the Treasury (Form SC 6088).

e- [sic] CerPficaPon of Debt for all the concepts of the Municipal CollecPon Center (CRIM).

f- CerPficaPon of having filed personal property tax returns for the past five (5) years from 

the Municipal CollecPon Center (CRIM). If the Contractor offers professional or consulPng 

services and does not own movable property and is not listed filing a tax return with the 

CRIM, it must submit an affidavit in accordance with the terms of Treasury Circular Leder 

Number CC 1300-16-16 (or its subsPtute).

g- Affidavit in those cases in which the taxpayer is not filing a personal property tax return at 

the Municipal CollecPon Center (CRIM) or does not own personal property.

h- CerPficaPon of RegistraPon as an Employer and of Debt for Social Security of the 

Department of Labor and Human Resources. 

i- CerPficaPon of RegistraPon as Employer and of Debt for Unemployment Insurance and 

Disability Insurance from the Department of Labor and Human Resources.

j- CerPficaPon of Debt of the State Insurance Fund.

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Certified Translation MC-2023-003

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Luis A. Rivera Siaca

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k- ASUME CerBficaBon. If the Contractor is an individual, he/she must present cerPficaPon 

that he/she is not obligated to pay child support or, if he/she is, that he/she is complying 

with the payments. In the case of a corporate enPty, it must present cerPficaPon that, as 

an employer, it is complying with its employees' child support withholding orders.

l- CerPficaPon of reasons why the taxpayer is not required by law to file the individual income 

tax return of the Department of the Treasury (Form SC 2781) or, the CerPficate of 

IncorporaPon or OrganizaPon, which evidences the absence of legal personality during the 

period in which the tax return was not filed.

m- Manual CorrecPon to the CerPficaPon of Filing of Income Tax Returns of the Department 

of the Treasury (Form SC 2888). 

n- In the event that the Contractor is an enPty organized outside of Puerto Rico and is not 

doing business in Puerto Rico and does not have local offices, it shall submit its arPcles of 

incorporaPon or organizaPon, cerPficate of existence of the place where it was organized 

and a duly authenPcated affidavit staPng its employer's social security number (if any), that 

it has no tax liability with the government of Puerto Rico and that compliance with the 

terms of the Agreement does not result in it becoming an enPty doing business in Puerto 

Rico. In addiPon, it must submit the ASUME cerPficaPon. 

28. Conflict of Interest: The Lessor warrants that, to the best of its knowledge and belief, no officer, 

employee, advisor or consultant of the Department, nor any member of his or her family unit, 

has a direct or indirect economic interest in this Agreement and that no officer, employee, 

advisor or consultant of the ExecuPve Branch of the Government of Puerto Rico, nor any 

member of his or her family unit has an interest and/or parPcipaPon in the economic benefits 

or income related to this Agreement. 

Lessor cerPfies that no public servant of the Department requested, nor accepted, directly or 

indirectly for him or herself or for any other person, gi@s, gratuiPes, favors, Services, donaPons, 

loans or any other thing of monetary value. He or she also cerPfies that no public servant of the 

Department solicited or accepted any property of monetary value, related to this transacPon, 

from any person of the Lessor as payment for performing the duPes and responsibiliPes of his 

or her employment. Nor did the Lessor solicit, directly or indirectly, for any public servant, for 

any member of his or her household, or for any other person, business or enPty, any property 

of economic value, including any loans or Services in exchange for such public servant's 

performance being influenced in favor of the Lessor.

Lessor acknowledges and cerPfies that, in the performance of his obligaPons under this 

Agreement, he owes complete loyalty to the Department, including, but not limited to, not 

having adverse or conflicPng interests with the Department. These conflicPng interests include, 

but are not limited to, liPgaPon or other claims against the Department. This obligaPon also 

includes a conPnuing duty to inform the Department of all circumstances relaPng to the Lessor's 

relaPonship with customers and third parPes or of any interests that may influence the 

Department in the performance of this Agreement or during the term of this Agreement.

In contracts with partnerships or corporate enPPes, it shall be a violaPon of this prohibiPon for 

any of their shareholders, partners, officers, principals, employees, subsidiaries or parent 

companies to engage in the conduct described herein. The Lessor shall avoid even the 

appearance of the existence of conflicPng interests. 

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Certified Translation MC-2023-003

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Luis A. Rivera Siaca

Page 12 of 13

29. AnB-CorrupBon Code: The Lessor agrees to comply with the provisions of the Puerto Rico AnBCorrupBon Code, approved by Act Number 2 of January 4, 2018. Any violaPon of the provisions 

of this Act may be prosecuted civilly and administraPvely, as the case may be. 

30. Non-DiscriminaBon: The Lessor agrees not to discriminate in the rendering of these services for 

reasons of poliPcal, religious, race, social status, age, sex, naPonality, condiPon, physical or 

mental disability or for being a vicPm or being perceived as a vicPm of domesPc violence, sexual 

assault or stalking, for being military, ex-military, serving or having served in the Armed Forces 

of the United States or for holding veteran status, for sexual orientaPon, gender idenPty or for 

any other discriminatory cause. He also agrees to ensure equal employment opportunity for 

persons with disabiliPes in accordance with applicable laws.

31. No LiBgaBon Against the Government of Puerto Rico: The Lessor cerPfies that he has no 

liPgaPon in process against any governmental enPty or instrumentality at the Pme of the 

execuPon of this Agreement.

32. Headings and Sub-Headings: The Headings and Sub-Headings of the various clauses of the 

Agreement are included to facilitate the handling of the document and shall not affect the 

interpretaPon thereof.

33. ModificaBons: This Agreement contains the enPre agreement that the parPes have reached and 

may only be modified or amended in wriPng and shall be signed by the parPes hereto.

34. Non-Waiver: The mere failure of either party to exercise or enforce any right or privilege under 

this Agreement or to require strict compliance with any provision of this Agreement shall not be 

construed as a waiver of its rights or privileges or of strict compliance with any provision of this 

Agreement on any future occasion.

35. No Real Estate Brokers: No real estate broker has been involved in the transacPon culminaPng 

in the execuPon of this Agreement.

36. Applicable Law and Venue: This Agreement and all maders related to it shall be interpreted in 

accordance with the Laws of Puerto Rico. Any legal acPon brought in connecPon with this 

Agreement shall be filed solely and exclusively in the Court of First Instance, San Juan Part, to 

which the Lessor irrevocably submits.

37. Severability: It is sPpulated that the clauses and condiPons of this Agreement are independent 

and separate from each other, and that the nullity declared by a competent court of one or more 

clauses does not affect the validity of the remaining clauses, which shall conPnue in force.

38. EnBre Agreement: This Agreement consPtutes the enPre agreement between the parPes with 

respect to the services to be rendered hereunder. Any amendment to this Agreement shall be 

made by a wriPng signed by both parPes during the term of the Agreement, in accordance with 

the needs of the Department and subject to the availability of funds for the execuPon of the 

amendment. 

IN WITNESS WHEREOF, the parPes hereto execute this Agreement in San Juan, Puerto Rico today 

May 21, 2021.

[Signature] [Signature]

Eliezer Ramos Parés, Esq. Luis A. Rivera Siaca

Department of EducaPon of P.R. SS: 580-94-3561

SSP: 660-43-3481

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Certified Translation MC-2023-003

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Luis A. Rivera Siaca

Page 13 of 13

SUBMITTED BY

[Signature]

Carlos M. Malavé Irizarry

Assistant Secretary

Auxiliary Services

REVISED BY:

[Signature]

Irving E. Otero Narváez, Esq.

DEPR

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Certified Translation MC-2023-003

Page 14 of 14

No. 2023-003 TRANSLATOR’S CERTIFICATE OF ACCURACY 

I, Mayra Cardona Durán, of legal age, single, resident of Guaynabo, Puerto Rico, Certified 

Interpreter of the United States Courts (Certification No. 98-020) and certified by the National 

Association of Judiciary Interpreters and Translators (10671), holding a Master’s Degree in Translation 

and admitted to the Puerto Rico Bar Association (Bar No. 12390, RUA No. 11038) hereby CERTIFY: 

that according to the best of my knowledge and abilities, the foregoing is a true and correct rendition into 

English of the original Spanish text, which I have translated and it is stamped and sealed as described 

therein. This document is comprised of Fourteen (14) Pages, including this certification page, and does 

not contain changes or erasures.

In Guaynabo, Puerto Rico today, Saturday, January 7, 2023.

Lcda. Mayra Cardona 

BA Lit/Fr, MA Trans, JD 

United States Courts Certified Interpreter 

NAJIT Certified Interpreter and Translator 

3071 Alejandrino Ave. PMB 306 Guaynabo, Puerto Rico 00969-7035

Tel. (787) 530-1414 

e-mail: mayra@cardona.com

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