Coral Springs GTA ITN 730-0429 Attachments.pdf

Lessor Initial: __________ Page 1 of 8 Form 4054

Lessee Initial: __________ Rev. Date 8/15

STATE OF FLORIDA

Standard Lease Agreement

Department of Management Services Form 4054

Lease Number: _______________

Lease Commencement: _______________ Preamble

THIS LEASE AGREEMENT is entered into this _________ day of ______________________, 20______ by and between those Parties listed below.

Parties Lessee:

Agency Name

Address: _____________________________________ ______________________ _____ ________ Street City State Zip Code

Lessor: ________________________________________________________________________________ Lessor Name

Address: _____________________________________ ______________________ _____ ________ Street City State Zip Code

FEID: _____________________________ OR Social Security Number: _____________________

1. Description A. In consideration for the covenants and agreements made here, Lessor agrees to lease to Lessee those Premises

(hereinafter the “Premises”) described as:

Description:

Building: ____________________________________ County: ________________________________ Building Name

Address: _____________________________________ ______________________ _____ ________ Street City State Zip Code consisting of an aggregate area of _______1________ square feet of net rentable space measured in accordance with the Department of Management Services' Standard Method of Space Measurement. This space comprises approximately 100.0 % of the _______1________ net square feet in the building.

B. Lessor shall also provide ________________ exclusive parking spaces and ________________ nonexclusive parking spaces as part of this Lease Agreement.

2. Term & Renewals A. The Lease shall begin on: ________________________ ___________ , ______________

Month Day Year and end at the close of business on ________________________ ___________ , ______________ Month Day Year for a term of _______________ months.

B. Lessee, however, is hereby granted the option to renew this Lease for an additional _______________upon the same terms and conditions as specified in Article 4. B. of this Lease. If Lessee desires to renew this Lease under the provisions of this Article, it shall give Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in this Article or any applicable renewal period.

100.0 1 swainto Typewritten Text Please initial Offeror acknowledgement on all pages of this submittal form: ____

Lessor Initial: __________ Page 2 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

3. Notices, Rental Invoices & Rental Payments A. All Notices to be served upon Lessee shall be sent by receipted mail to:

Lessee: _______________________________________________________________________________ Agency Name

Address: _____________________________________ _______________________ ______ _______ Street City State (Zip Code)

B. All Notices to be served upon Lessor shall be sent by receipted mail to:

Lessor: ___________________________________________________________________________________________________________________________________________________________________________________

Lessor Name

Address: _____________________________________ _______________________ ______ _______ Street City State (Zip Code)

C. Rental invoices shall be submitted monthly to Lessee at:

Lessee: ____________________________________________________________________________________________________________________________________________________________________________________

Lessee Name

Address: _____________________________________ _______________________ ______ _______ Street City State (Zip Code)

D. Rental Payments shall be paid to Lessor at:

Lessor: ___________________________________________________________________________________________________________________________________________________________________________________

Lessor Name

Address: _____________________________________ _______________________ ______ _______ Street City State (Zip Code)

4. Rent The rent shall be payable the month following the month of occupancy in accordance with subsection 215.422, Florida Statutes. The rent for any fractional part of the first month shall be prorated.

A. Base Term Lessee agrees to pay Lessor rent according to the following schedule:

Term Floor of Building

Square Footage Per Floor

Rate Per Square Foot Monthly Rent Annual RentStart

(MM/DD/YYYY) -

End

(MM/DD/YYYY)

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 swainto

Please initial Offeror acknowledgement on all pages of this submittal form:______

Lessor Initial: __________ Page 3 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

B. Option Term For the renewal options as specified in article 2, the rental rate shall be:

Term Floor of Building

Square Footage Per Floor

Rate Per Square Foot Monthly Rent Annual RentStart

(MM/DD/YYYY) -

End

(MM/DD/YYYY)

Utilities The Lessor , Lessee , see Addendum ______ will promptly pay all billed utilities including gas, water, sewer, solid waste, storm water, and other power and electric light rates or charges which may become payable during the term of this Lease.

For the facilities in which the Lessee occupies a metered, aggregate area of ,000 net square feet or more, Lessor agrees to provide Lessee timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes.

Facility Services The Lessor or Lessee will furnish daily janitorial services and required janitorial supplies. Janitorial services will include provision of recycling trash disposal for the Premises at the expense of the Lessor or Lessee .

Lessor shall provide for interior and exterior maintenance and repairs in accordance with generally accepted good practices. This includes repainting, replacement of worn or damaged floor covering and repairs or replacement of interior equipment as needed due to normal use. Lessor shall maintain the exterior of the leased facility so to conform to all applicable health and safety laws, ordinances and codes, which are presently in effect or may be enacted during the term of this Lease and any renewal periods.

The Lessor or Lessee agrees to furnish pest control services for the leased Premises during the term of the Lease at the expense of the Lessor or Lessee .

Lessor agrees to install light fixtures for use by Lessee. The Lessor or Lessee shall be responsible for replacement of all bulbs, lamps, tubes, and starters used in such fixtures.

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Lessor Initial: __________ Page 4 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

E. All services required above shall be provided during Lessee's normal working hours, which are deemed 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state holidays, unless otherwise stipulated below:

Day From To

F. During the term of this Lease, Lessee shall maintain the interior of the Premises in as good a state of repair as it is at the time of the commencement of this Lease. Notwithstanding this obligation, reasonable wear and tear and unavoidable casualties are permissible.

7. Accessibility and Alterations A. Lessor agrees that the leased Premises meets at the time of occupancy, or will conform, or will be brought into conformance within 180 days of lease execution, the requirements of the 2012 Florida Accessibility Code for Building Construction (“FACBC”), Americans With Disabilities Accessibility Implementation Act, Section 553.501

- 553.514, Florida Statutes. The Code of Federal Regulations, Department of Justice, Title 28, Part 35 and Part 36, and the Department of Transportation Title 49, Part 37 and the requirements of Florida Building codes have all been incorporated within the FACBC.

Notwithstanding anything else contained in this lease, Landlord at Landlord's expense, shall be responsible for and agrees to comply with all obligations under the ADA which imposes any duty upon landlord or tenant with respect to the use, occupancy or alteration of the leased premises, building or project.

If a claim or action is brought due to the allegations of failure to comply with the ADA, Landlord agrees to indemnify, defend, and hold Tenant harmless from any cost or expense, including attorney's fees, from being named in the claim or action.

B. The Florida Building Codes includes and requires the following subparts, which are applicable to occupied or public use leases:

Chapter 1, Section 101.1. all new and altered public buildings and facilities, private buildings and facilities, places of public accommodation and commercial facilities subject to this code shall comply with this code.

Chapter 1, Section 101.3 this code established standards for accessibility to place of public accommodation and commercial facilities by individuals with disabilities. This code shall also apply to state and local government (owned and leased) facilities pursuant to Section 553.503, Florida Statutes. It is to be applied during the design, construction and during any alteration to such buildings and facilities as required by the code.

C. Lessor agrees that Lessee shall have the right to make any minor alterations in and to the Premises during the term of this Lease upon first having obtained written consent of Lessor. Lessor shall not unreasonably withhold the consent to any such alterations.

8. Applicable Laws Due to the size and/or configuration of the space leased, the following laws apply:

A. Section 255.25(3) (e), Florida Statutes relating to tenant improvement costs for which Lessor may be eligible for reimbursement. As applicable, Lessor and Lessee agree that the sum of ______________________________ has been spent by the Lessor for improvements to the Premises and the Lessor does or does not intend to seek reimbursement for these improvements.

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Lessor Initial: __________ Page 5 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

B. Section 252.385(4) (b), Florida Statutes relating to the use of the Premises as a public hurricane evacuation shelter. As applicable, the facility in which the Premises exist may be required to serve as a public hurricane evacuation shelter at the request of local emergency management agencies. It is hereby agreed and understood that in the event the Premises is selected for use as an emergency shelter Lessor, upon receiving notice from the Emergency Management Center, shall make the building available as a public hurricane evacuation shelter.

C. Cooperation with the Inspector General Pursuant to section 20.055(5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

Heating and Air Conditioning Lessor agrees to furnish to Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the Premises during the term of the Lease at the expense of Lessor. Lessor agrees that thermostats in the Premises will be set to maintain an average zone temperature of 75 degrees Fahrenheit during the heating and cooling seasons.

Compliance with Fire Safety Standards Lessor shall provide for fire protection during the term of this Lease in accordance with the fire safety standards of the State Fire Marshal. Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State Fire Marshal. Lessor agrees that the Premises shall be available for inspection by the State Fire Marshal, prior to occupancy by Lessee, and at any reasonable time thereafter.

To assure Lessee of facility compliance with Florida’s Fire Safety Standards, Lessor agrees to provide Lessee with written Fire Safety Inspection prior to the . Fire Safety Inspection is to be conducted by State Fire Marshal or local fire officials.

In the event that the entirety or majority of the Premises is destroyed by fire, lightning, storm or other casualty, Lessor may repair the damage to Premises at its own cost and expense. Rental payments shall cease until the completion of repairs. Lessor will immediately refund the pro rata part of any rentals paid in advance by Lessee prior to the destruction. Should the Premises be only partly destroyed, leaving the major part in usable condition, then the rental shall abate on the damaged portion until the Premises is restored by Lessor. Upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term.

Lessor certifies that no asbestos was used in the construction of the demised Premises or that if asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos.

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over a period of time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

Section 404.056(5), Florida Statutes. Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCI/L.

Injury or Damage to Property All property of any kind that may be on the Premises during the term of this Lease shall be at the sole risk of Lessee, and except for any negligence of Lessor, Lessor shall not be liable to Lessee for loss or damage to the property.

Expiration of Term At the expiration of the term, Lessee will peaceably yield up to Lessor the Premises in good and tenantable repair.

Lessor and Lessee agree that Lessee shall have the right to remove from the Premises all personal property of Lessee including all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the Premises by Lessee provided that Lessee agrees to restore the Premises to as good a state of repair as found prior to the removal.

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Lessor Initial: __________ Page 6 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

13. Right to Inspect Lessor, at all reasonable times, may enter into and upon the Premises for the purpose of viewing the same and for the purpose of making any such repairs as Lessor is required to make under the terms of this Lease.

14. Taxes and Insurance Lessor shall pay all real estate taxes and fire insurance premiums on the Premises. Lessor shall not be liable to carry fire insurance on the person or property of Lessee or any other person or property that may occupy the Premises now or later.

15. Subletting and Assignment Lessee, upon obtaining written consent of Lessor, shall have the right to sublet all or any part of the Premises or to assign all or any part of the Premises. Lessor shall not capriciously withhold written consent.

16. Wavier of Defaults No waiver by Lessee of any breach of this Lease by Lessor shall be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease.

17. Rental Commencement Notwithstanding the provisions of Article 2 “Term” and Article 4 “Rent” of this Lease, term shall not commence until date of completion of the renovations of the demised premises to Lessee’s satisfaction and thereby made ready for occupancy by lessee. At the time of occupancy, the rent for any fractional part of the first month of occupancy shall be prorated.

18. Availability of Funds Pursuant to Section 255.2502, Florida Statutes, Lessor acknowledges that the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

19. Breach of Covenant A. If Lessee neglects or fails to perform or observe any covenant herein, and such default continues for a period of thirty (30) days after receipt of written notice thereof from Lessor, then Lessor may lawfully, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the Premises, and repossess the same as of their former estate and expel Lessee and remove its effects forcefully, if necessary.

B. This action by the Lessor shall not be deemed as any manner of trespassing. Any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of Lessee's covenants is not waived by such action.

20. Not Consent to Sue No provisions, terms, or conditions of this Lease shall be construed as consent of the State of Florida to be sued because of said leasehold.

21. Right to Terminate Lessee shall have the right to terminate this Lease without penalty in the event a State-owned building becomes available to Lessee for occupancy, and upon the giving six (6) months advance written notice to Lessor by Certified Mail, Return Receipt Requested.

22. Public Entity Crime Statement Section 287.133, Florida Statutes places the following restrictions on the ability of persons convicted of public entity crimes to transact business with public entities, including the department:

A person, or affiliate, who has been placed on the convicted vendor list, following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

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Lessor Initial: __________ Page 7 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

23. Discrimination Section 287.134 Florida Statutes places the following restrictions on the ability of persons on the discriminatory vendor list to transact business with public entities, including the department:

An entity who has been placed on the discriminatory vendor list may not submit a bid or proposal to provide goods or services to a public entity, may not submit a bid or proposal with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not perform work as a contractor, supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity.

24. Use of Premises Lessee will not make or suffer any unlawful, improper, or offensive use of the Premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such ordinances of the city or county in which the Premises are located, now or hereinafter made, as may be applicable to Lessee.

25. Failure to Comply A. In the event that Lessor fails to comply with any term or provision of this Lease after written notice, Lessee reserves the option to:

i. setoff and deduct from the rental amount due Lessor under this Lease such sums as Lessee determines are required to remedy the default of Lessor; and/or

ii. fulfill Lessor’s obligations under the terms of this Lease; whereby Lessor shall reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus effecting compliance with Lessor's obligation under this Lease. Should Lessee elect this option, Lessee shall use its best efforts to mitigate damages caused thereby; and/or

iii. terminate this Lease and vacate the Premises, but without prejudice to any remedy which might otherwise be used by Lessee for any breach of Lessor's covenants contained herein; and/or

iv. bring suit for damages against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by Lessor’s failure to comply with any term or provision of the Lease. However, Lessee shall not bring suit for damages incurred due to a delay in the Commencement Date of this Lease if any such delay is caused solely by any delay, default or omission of Lessee.

B. Lessee is required to give Lessor written notice setting forth in reasonable detail the nature and extent of such failure and Lessor will be given thirty (30) days to cure such failure. If such failure cannot reasonably be completely cured within that thirty (30) day period, the length of such period shall be extended for the period reasonably required thereof, only if Lessor commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity.

C. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying heating and air conditioning equipment and roofing deficiencies.

D. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of Lessee's legal counsel.

26. Definition of Terms A. The terms "Lease," "Lease Agreement," or "Agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this Lease.

B. The terms "Lessor” and "Lessee” shall include the successors and assigns for the parties hereto.

C. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits.

27. Additional Terms

D. No additional covenants or conditions form a part of this Lease

E. All additional covenants or conditions appear on attached Addendum(s):

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Lessor Initial: __________ Page 8 of 8

Lessee Initial: __________ Rev. Date 8/15

Lease Number: ______________________

IN WITNESS WHEREOF, the Parties hereto have hereunto executed this instrument for the purpose herein expressed, this _____________ day of ____________ , __________

ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY

THE DEPARTMENT OF MANAGEMENT SERVICES.

ORIGINAL SIGNATURES REQUESTED ON ALL COPIES

As to Lessor – Lessor, or authorized representative and two witnesses, must sign, print name and enter date.

X_________________________ ______________________ __ / __ / ___ Lessor or Authorized Representative Printed Name/Title Date

X_________________________ ______________________ __ / __ / ___ Witness #1 Printed Name Date

X_________________________ ______________________ __ / __ / ___ Witness #2 Printed Name Date

As to Lessee Agency – Agency Head (or authorized designee) and representative of Agency’s Office of General Counsel, must sign, print name and enter date.

X_________________________ ______________________ __ / __ / ___ Agency Head or Authorized Delegate Printed Name/Title Date

X_________________________ ______________________ __ / __ / ___ Agency Office of General Counsel Printed Name Date

As to the Department of Management Services – Chief Real Property Administrator (or authorized designee) and Secretary (or authorized delegate) must sign, print name and enter date. When applicable, DMS Office of General Counsel, shall sign, print name and enter date.

X_________________________ ______________________ __ / __ / ___ Chief Real Property Administrator Printed Name Date

X_________________________ ______________________ __ / __ / ___ Secretary or Authorized Delegate Printed Name /Title Date

X_________________________ ______________________ __ / __ / ___ Office of General Counsel Printed Name Date

NOTE: THE MOST CURRENT APPROVED DEPARTMENT OF MANAGEMENT SERVICES’

STANDARD LEASE AGREEMENT AND STATE REQUIRED ADDENDUMS SHALL BE USED AT

THE TIME OF LEASE EXECUTION.

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STATE OF FLORIDA

DEPARTMENT OF REVENUE

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum for Liquidated Damages

ADDENDUM: A

Please initial Offeror acknowledgement on all pages of this submittal form: ______

As a condition precedent to lessee's obligation to occupy and pay rent, the leased premises shall be renovated and completed in accordance with the Quote Submittal Package issued for the above referenced lease.

Should lessor fail to complete renovations within the time frame specified in the Quote Submittal Package, liquidated damages in the amount of $3,808.96 per day shall be assessed until specified renovations are completed. This provision for liquidated damages shall in no way affect Lessee's right to terminate the lease for failure to have the renovations completed by the commencement date of the Lease. The Lessee's exercise of the right to terminate the lease shall not release the Lessor from his obligation to pay said liquidated damages in the amount stated above.

Lessor: Lessee: The State of Florida Department of Revenue

By: By:

Shannon Segers Director Financial Management

Date: Date:

Approved as to form and legality, subject to proper execution by the parties.

By: ______ Office of The General Counsel

Date:

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum for Janitorial Services

ADDENDUM: B

The Lessor agrees to furnish janitorial and cleaning services as part of this lease agreement. This includes furnishing all cleaning and maintenance equipment and cleaning supplies as required, including but not limited to, toilet seat liners, bathroom tissues, paper towels, trash receptacle liners, touchless hand soap (preferably liquid) and doormats at entrances to the facility. All supplies are to be of good quality acceptable in the janitorial profession and of satisfactory quality suitable to the needs of personnel.

Cleaning of the facility shall be accomplished in accord with the following schedule:

FLOORS (TO INCLUDE: LOBBY, OFFICE SPACE, AND RESTROOMS & KITCHEN)

The following shall be done Daily:

• Carpeted Areas – Vacuum

• Non-carpeted Areas – Dust mop

• Remove gum and other materials

• Spot damp mop to remove stains

The following shall be done Weekly

• Non-carpeted Areas – Damp mop and spray buff

The following shall be done Semi-Annually:

• Machine clean carpets in hallways and other areas if their condition so dictates

• Strip, reseal and wax all normally waxed floors

The following shall be done Annually:

• Machine clean all carpets throughout the facility

WALLS, CEILINGS, INTERIOR DOORS, LEDGES, ETC.

The following shall be done Weekly:

• Spot Clean

• Clean light switch plates and surrounding wall areas

• Dust windowsills, ledges, fixtures, etc.

The following shall be done Monthly:

• Dust or vacuum HVAC registers

The following shall be done Annually:

• Dust all light fixture diffuses and dust light bulbs

WINDOWS AND GLASS

The following shall be done Daily:

• Spot clean entrances and vicinity glass both in and outside

• Spot clean directory and internal glass or windows

• Clean inside of external windows

INVITATION TO NEGOTIATE (ITN) 730:0429

WATER FOUNTAINS

The following shall be done Daily:

• Clean and sanitize

FURNISHINGS

The following shall be done as needed, but at least Weekly:

• Dust tables, chairs, desks credenzas, file cabinets, bookcases, etc.

• Do not disturb any papers lying on desks or cabinets

• Dust and clean all ornamental wall decorations, picture, charts, chalkboards, etc.

• Dust draperies, Venetian blinds, or curtains

• Vacuum all drapes, Venetian blinds, or curtains

TRASH AND REFUSE

• Empty and clean all trash receptacles. Receptacle liners are to be used

• Change as necessary

• Remove all collected trash to external dumpsters or trash containers

• In conference rooms, reception areas, etc., remove accumulated trash, i.e paper cups, soda cans, etc.

CIGARETTE URNS AND ASHTRAYS

• Empty and clean all cigarette urns

• Empty and damp wipe all ashtrays

ELEVATORS – (IF APPLICABLE)

• If carpeted, vacuum

• If not carpeted, dust mop, remove gum and other materials, spot damp mop to remove stains or spots

• Clean hardware and control panels

• Vacuum door tracks

• Damp mop floors and spray buff if not carpeted

STAIRWELLS – (IF APPLICABLE)

• Remove accumulated trash

• Spot sweep as required

The following shall be done Weekly:

• Sweep

• Dust mop to remove stains

INVITATION TO NEGOTIATE (ITN) 730:0429

• Dust handrails, ledges, etc.

• Spot clean walls and doors

RESTROOMS

• Maintain in a clean and sanitary condition: floors, walls, doors, stalls, partitions, shelves, sinks, commodes, urinals, bath facilities, soap and towel dispensers

• Clean and polish mirrors

• Empty and sanitize trash and sanitary napkin receptacles

• Replenish supplies of tissue, towels, toilet seat liners and soap

• Check and replace, as necessary, deodorizer bars/room air freshener units

The following shall be done Monthly:

• Clean ceramic tile surfaces with a strong cleaner or bleach so that tile and grout have a uniform color

LOUNGE AND KITCHEN AREAS – (IF APPLICABLE)

• Clean and sanitize sinks and counter areas

• Replenish paper towels and hand soap

• Sweep all exterior access areas, i.e. sidewalks, porches, verandas, etc.

MAINTENANCE SERVICES

In reference to Articles III and V of the lease agreement:

• Filters for HVAC shall be changed every 90 days at a minimum and more often as conditions warrant.

• All painted surfaces in the facility shall be freshly painted at the commencement of this lease, if needed, and at least once every five (5) years thereafter during the lease term and any renewals thereof. Touch up painting to be done as needed. High traffic areas shall be repainted annually when requested by the Department. When painting is to be done it shall be with low or no VOC paint.

• Perform such other services as are necessary to keep the facility clean and in a sanitary condition.

• All carpeting throughout leased area shall be replaced, meeting original specification, every five (5) years, Lessor to pay for the moving of any furniture required. Worn areas shall be replaced as needed. Broken, chopped tiles shall be replaced when damage occurs. Any alteration to this schedule shall be made and agreed to by both parties in writing.

RECYCLING PROGRAM:

Section 403.714 Florida Statutes mandates that each agency shall have a resource recovery recycling program in effect for all space occupied, including private sector lease space. The state is required by law to collect white office paper.

A. The Lessor shall be required:

1. To coordinate the participation of the janitorial staff in the recycling program.

2. To supply and maintain standard trash dumpster(s)

INVITATION TO NEGOTIATE (ITN) 730:0429

3. To provide an external 10’ x 15’ concrete pad for a recyclable dumpster enclosed with a fence and;

or shrubbery so as not to distract from the aesthetic of the facility. In the event that it is not practical to place an external recycling dumpster on site, the successful bidder may propose an internal collection room.

B. The janitorial staff shall be required:

1. To remove recyclable material from office receptacles and/or bulk recyclable loads from the facility.

C. The recycling contractor shall:

1. Provide and maintain clearly marked:

a. Individual office sorting containers.

b. Internal janitorial collection carts.

c. Exterior storage containers.

d. Maintain a clean area around both internal and external recycling containers/dumpsters.

In providing any or all of the above services:

1. Only the Lessor or actual employees of the janitorial contractor or hired vendor, who are at least eighteen (18) years of age, are to be admitted to the premises AFTER the Department has facilitated and/or conducted their background check and approved the contractor vendor’s entry into the facility.

2. Any contracted vendor or janitorial staff, performing services at the premises MUST first check in with the designated Department staff member upon arrival and MUST check exterior doors and windows to ensure the facility is secure at the time they depart the facility.

3. If providing agreed upon after-hour services, any contracted vendor/janitorial staff MUST ensure they follow the guidelines provided above as they are not to provide access into the facility to anyone. Additionally, these contractor vendor/janitorial staff MUST use only necessary lighting in the areas in which they are working and are not to disturb any papers or personal items within the offices.

4. All painted surfaces shall be freshly painted before occupancy at the commencement of the lease, at least once every five (5) years thereafter during the base term, and prior to the commencement date of any renewals or extensions thereof. The Department shall be provided samples from which to choose colors.

• All painted surfaces shall be painted with a washable paint for easy cleaning using either a Semi-Gloss or Satin finish. Flat paint will not be accepted.

• Touch-up painting shall be done as needed, as determined by the Department, and must be blended-in so that it matches the existing finish/wall.

• High traffic areas shall be repainted annually if requested by the Department.

5. All new flooring (carpet, vinyl/VCT, and tile) must be installed prior to occupancy at the commencement of the lease, including related items such as grout (where applicable) and the floor base, and at least once every five (5) years thereafter during the base term, and at least once every five (5) years thereafter during the base term, prior to the commencement date of any renewals or extensions thereof. The Department shall be provided samples from which to choose colors.

• No flooring will be accepted ‘as-is’ unless a specific ‘concession’ is granted by the Department in writing.

• If adhesives and/or sealants are used during flooring installation, they MUST be low VOC products and the facility MUST be property ventilated during the installation (open windows/doors, provide fans, etc.)

• During carpet installations, the carpet must be ventilated seventy-two (72) hours prior to installation and cleaned/vacuumed immediately after the installation to ensure odors are kept to a minimum.

6. Perform other services as are necessary to keep the facility clean and in a sanitary condition.

7. Any contracted vendor or janitorial staff member must provide the Department with MSDS sheets for any cleaning product, adhesive, chemical, sealant, paint, etc., they use while providing their services.

8. Filters for HVAC shall be changed every thirty (30) days at a minimum and more often as conditions warrant.

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In providing any or all the before mentioned services:

• During cleaning, all outside doors are to be locked and janitorial staff is not to provide access into the facility to anyone.

• Janitorial staff is to check exterior doors and windows to ensure the facility is secure at the time of leaving the facility.

• Janitorial/Recycling Services are to be performed during all hours of occupancy at no additional cost to the Department (Lessee).

The Lessor and Lessee mutually agree that the described premises leased in this lease agreement shall be available to the Department (Lessee) for its exclusive use twenty-four (24) hours per day, seven (7) days per week, during the lease term. The space to be leased by the Department will be fully occupied during normal working hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays, Saturdays and Sundays, and may be fully or partially occupied during all other periods of time as necessary and required at the full discretion of the Department. Accordingly, services to be provided by the Lessor, under the terms of the lease agreement will be provided during all hours of occupancy at no additional cost to the Department (Lessee).

Lessor: Lessee: The State of Florida Department of Revenue

By: By:

Shannon Segers Director, Financial Management

Approved as to form and legality, subject to proper execution by the parties.

By: ______

DEPARTMENT OF MANAGEMENT SERVICES

INVITATION TO NEGOTIATE (ITN) 730:0429

Employment Eligibility Verification

ADDENDUM: C LEASE NUMBER: 730:0429

Pursuant to Executive Order #11-02 (as Superseded by 11-116), Lessor agrees that it will enroll and participate in the Employment Eligibility Verification Program (“E-Verify Program”) administered by the U.S. Department of Homeland Security (“DHS”), under the terms provided in the “Memorandum of Understanding” with DHS governing the program, to verify the employment eligibility of all persons it employs under the lease term to perform duties in Florida. Lessor further agrees to provide to the Lessee, as part of the leasing documents, documentation of such enrollment in the form of a copy of the “Edit Company Profile” page in E-Verify, which contains proof of enrollment in the E-Verify Program. (This page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage.) Information regarding “E-Verify” is available at the following website: http://www.uscis.gov/e-verify.

Lessor further agrees that it will require each subcontractor that performs work under this lease to verify the employment eligibility of its employees hired during the term of this contract by enrolling and participating in the E-Verify Program within ninety days of the effective date of this lease or within ninety days of the effective date of the contract between the Lessor and the subcontractor, whichever is later. The Lessor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency and other authorized state officials upon request.

Lessor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify Program, including participation by its subcontractors as provided above, and to make such records available to the Agency and other authorized state officials upon request.

Compliance with the terms of this Employment Eligibility Verification provision (including compliance with the terms of the “Memorandum of Understanding” with DHS) is hereby made an express condition of this lease.

The Florida Department of Revenue

Lessor Lessee

(x) (x)

Lessor Signature Lessee Signature

Shannon Segers/Director, Financial Management

Name/Title Name/Title

Date Date

FM 4054K1 (R01/12)

http://www.uscis.gov/e-verify http://www.uscis.gov/e-verify

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum Proposal Submitted by The Lessor

ADDENDUM: D

Please initial Offeor acknowledgement on all pages of this submittal form: ______

All proposals submitted by the Lessor for Lease number, 730:0429 located at ________________________, are incorporated into this Lease Agreement. This lease shall incorporate, among other provisions, the contents of the LOI (letter of intent) solicitation document (QSP or ITN), and the successful Offer’s response to this solicitation (as applicable).

Upon receipt of a lease from the Department of Revenue, the Offeror shall have 30 (thirty) days to execute and return said lease, unchanged, to the Department of Revenue. The Department of Revenue reserves the right to cancel the QSP or ITN offer, withdraw said offered lease, and re-issue a solicitation for office space should the Offeror fail or refuse to return said offered lease (executed and unchanged) within 30 (thirty) days of receipt (if applicable).

By: By:

Shannon Segers parties.

By: ______

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum Florida Law Venue

ADDENDUM: E

The Lessor and the Lessee agree that this lease is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects, unless otherwise specifically provided for in this lease, in accordance with Florida law. Venue shall be in Florida state court in Leon County, FL.

By: By:

Shannon Segers parties.

By: ______

Addendum Air Quality Addendum

ADDENDUM: F

Lessor shall agree to the following at the Lessor’s expense:

1. Indoor Air Ventilation & Minimum Moisture Standards:

Lessor shall provide fresh air intake to the HVAC system at a minimum of 20 or more cubic feet per minute per person or as recommended by ASHRAE (American Society of Heating, Refrigerating and Air Conditioning Engineers) 62-2016. There shall be a minimum of four air changes per hour or greater in occupied spaces.

Incoming fresh air is to be conditioned (filtered, heated or cooled.) Interior humidity in occupied spaces and conditioned storage areas shall not exceed 60% maximum relative humidity. Temperatures shall be maintained at 75 degrees Fahrenheit during the heating and cooling season. Temperatures may be adjusted periodically to achieve employee comfort. Unit(s) are to be equipped with automatic thermostat(s) fitted with tamper proof covers. The system shall be tested and balanced prior to occupancy and adjusted after occupancy until desired temperature and balance are achieved.

2. Service & Filtration of HVAC Systems & Mold Growth:

To maintain operating efficiency and good hygiene, HVAC systems shall be serviced at regular intervals according to the manufacturer’s recommendations or serviced at least annually by a licensed HVAC technician, please refer to the ACR 2013, Assessment, Cleaning and Restoration of HVAC Systems. Filtration shall be provided with the use of filters with a Minimum Efficiency Reporting Value (MERV) rating of 8 to 13. If the system is not capable of operating with MERV 8 filters, the Lessor must obtain a variance after evaluation by a Licensed Mechanical Engineer. Return and fresh air make-up shall be filtered and any by-pass around the filtration system shall be minimized with the use of filter spacers. Filters (if applicable) on fresh air intake vents shall be cleaned or replaced bi-monthly. The Lessor shall maintain a monthly service record, showing the dates, the maintenance cleaning and inspection were made, and filters were replaced. Any mold growth within the air handler or connecting ductwork (supply air or return air side) is unacceptable and warrants immediate response to remediate and correct the causation of the mold growth. Annual maintenance reports of the systems mechanical operating systems shall be provided to Lessee on an annual basis.

The entire air conveyance system to be inspected, calibrated, tested and balanced by a firm professionally engaged in this type of work, just prior to occupancy, every 5 years and/or after any renovations which effect the systems operation. The scope of work shall include all the items listed above, and include operating controls, sensors and controls that shall be calibrated, inspection of air handlers, pumps, valves, condensation drain lines, condensation pans, coils, ductwork, dampers, VAV boxes, cooling towers, or anything that has a relationship to the air conveyance or operating control system. The test and balance firm shall provide a report in writing to the Lessor that the above listed items and specifics have been inspected and are in proper operating order. A copy of this report provided to the Lessee prior to occupancy and after each 5-year re-inspection.

Buildings or spaces, older than 10 years, where ductwork has not been retrofitted, with ridged air conveyance ductwork (lined or non-lined on the air side), turning vanes, operational control systems on the air side, air handlers that are to remain in place, must be thoroughly inspected for excessive buildup of dust and contaminants (i.e., mildew, mold fungi, etc.) by the firm performing the test and balance of the space or building.

If excessive buildup of dust, dirt or contaminants is present, the Lessor shall contract at his expense with a licensed mechanical firm to have the ductwork, all interior control surfaces, turning vanes, registers, grills and the interior of the air handlers cleaned properly. The Lessor shall provide receipt for cleaning/inspection. HVAC system and ducts are to be professionally cleaned and chemically treated to kill all bacteria and mold if ducts are over 10 years old. Lessor to provide receipt of service.

3. Moisture Intrusion & Mold Amplification:

The building envelope (roofs, exterior walls and floors) shall be maintained in such condition so as to prevent moisture intrusion to the interior that may result in bacterial amplification, or fungal growth on surfaces, furnishings or interstitial spaces. Any conditions suitable for the amplification of fungal spores on interior building materials, furnishings or contents are unacceptable.

4. Lessee’s Remedy to Indoor Air Quality:

In the event a suspected air quality problem arises, the Lessee reserves the right to have the indoor air quality tested at its own expense by a certified industrial hygienist (CIH) trained and experienced in indoor air quality assessments, (Chapter 468 Part XVI, Florida Statutes; Chapter 61-31, Florida Administrative Code; Chapter 455, Florida Statutes) to determine the cause and extent of the problem. After assessment, if test results indicate conclusively that a problem exists, the Lessor shall take immediate corrective action to remedy the situation and reimburse the Lessee for the costs of conducting such assessments and test(s). Remediation of unregulated indoor contaminants (i.e. mold, bacteria, dust mite allergens, Radon, Asbestos, or other bio aerosols) shall be carried out by a Florida Licensed Mold Remediator (Chapter 468 Part XVI, Florida Statutes; Chapter 61-31, Florida Administrative Code; Chapter 455, Florida Statutes). Additionally, any HVAC mold remediation operations (ductwork, air distribution, air handler and unit coil cleaning, etc.) must be performed by a Florida licensed mechanical contractor that is also a qualified Florida Licensed Mold Remediator. Remediation of mold growth that exceeds 10 square feet within HVAC systems, or that exceeds 100 square feet on building materials, must be carried out by a Florida Licensed Mold Remediator. Remediation of mold growth must be in accordance with written project specifications (also known as a mold remediation protocol) prepared by a certified industrial hygienist (CIH) trained and experienced in indoor air quality and is a Florida Licensed Mold Assessor.

Independent third-party oversight and testing of remediation activities shall be integral to the remediation specification. Remediation specifications should be prepared once a comprehensive assessment that delineates the extent and severity of mold damage and moisture sources has been performed. Remediation, construction, and painting shall be conducted under ventilating and occupancy conditions that shall not result in indoor air quality complaints. At no time shall the licensed mold remediation company perform any project monitoring or clearance testing. All project monitoring and clearance testing shall be performed per the project remediation specifications by a third-party certified industrial hygienist (CIH) trained and experienced in indoor air quality assessments, remediation and is also a Florida Licensed Mold Assessor.

By: By:

Shannon Segers

Approved as to form and legality, subject to proper execution by the parties.

By: ______

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum for Security & Fire Systems

ADDENDUM: G

The Lessor shall provide and be responsible for all costs to install and maintain an electronic security system to detect unauthorized after-hours entry and provide for access control during business hours.

Monitoring of the system shall be required 24 hours per day (Security system monitoring fee’s cost to be paid by The Department of Revenue) (Lessor will pay the monitoring fee’s cost for the Fire systems) and provide rapid response by local law enforcement officers to unauthorized entry after-hours.

The Department may require more than one alarm system and entry system that shall allow different sections control of the system in their area. The monthly fee for monitoring the system and reprogramming due to employee turnover shall be paid by the Lessee. The Lessor shall own, maintain, and pay for all equipment associated with the security (including P.C. and card swipes for 125% staff members) and fire alarm system and false alarms.

Trees and shrubs in and around the parking lot and the building shall be maintained using the two foot-six-foot rule (shrubs no taller than two feet above the ground and trees trimmed so lowest limbs are no less than six feet above the ground), allowing for good natural surveillance and visibility. Limbs not to be close to roof or extend over roof.

By: ________________________________ By: _____________________________ Shannon Segers Director of Financial Management

Date: ______________________________ Date: ___________________________ parties.

By: _____________________________

Office of the General Counsel

Date: ___________________________

INVITATION TO NEGOTIATE (ITN) 730:0429

Addendum for Telecommunications and Cabling Requirements

ADDENDUM: H

TELECOMMUNICATIONS SYSTEMS AND CABLING REQUIREMENTS

THE TELECOMMUNICATIONS ROOM IS TO BE COMPLETED TWO WEEKS PRIOR TO THE

OCCUPANCY DATE, TO ALLOW FOR THE INSTALLATION AND TESTING OF VENDOR

PROVIDED VOICE AND DATA SERVICES.

Table of Contents Definition of Terms

SECTION 1 – Service Entrance, Main Cross Connect, Equipment Rooms and Telecommunications Rooms 4

SECTION 2 – Horizontal Cabling

SECTION 3 – Horizontal and Vertical Cabling for Sites with more than one floor or Telecommunications Room (TR)

SECTION 4 – Horizontal Cable Documentation and Testing

SECTION 5 – Public Address Systems

SECTION 6 – Telephone System Wiring

Section 7 – Exceptions to the Requirements

Appendix A – Diagrams

Definition of Terms

1. SECURITY ROOM / SECURED AREA / RESTRICTED AREA – A Security Room is a room that has been constructed to resist forced entry and must meet the Minimum Protection Standards established in Communications Room Security Policy #IS020 (see Appendix B). The following shall be designated, but not exclusive of, a security room:

a. Service…