Coral Springs GTA ITN 730-0429 Main.pdf

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Attached to
DOR Coral Springs GTA ITN 730-0429
Solicitation number
ITN-01968
Issued by
Broward County, Delray Beach City, Florida

About this file

This document is an Invitation to Negotiate (ITN) issued by the State of Florida's Department of Revenue (DOR) for existing office space located in Broward County, Florida. The DOR is seeking detailed and competitive proposals to provide built-out office facilities and related infrastructure for the occupancy by the General Tax Administration (GTA) division. The DOR is requesting approximately 15,859 (minimum) to 17,529 (maximum) net useable square feet of space, with a 7-year and 10-year rate option. Proposals are due by 1:00 pm on August 24, 2022, and the anticipated lease start date is September 1, 2023. The successful offeror will be responsible for providing a "turn-key" build-out in accordance with the detailed specifications outlined in the ITN.

The ITN provides specific requirements for the proposed space, including accessibility, security, HVAC, electrical, and other building features. Offerors must submit detailed pricing for the base lease term and optional renewal periods. The lease will be a full-service gross lease, with the offeror responsible for all operating expenses. The DOR reserves the right to negotiate the financial terms, including rent rates, with the selected offeror. The ITN also outlines the evaluation criteria that will be used to assess the proposals, focusing on factors such as location, building condition, parking, and cost.

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STATE OF FLORIDA

DEPARTMENT OF REVENUE

INVITATION TO NEGOTIATE (ITN) 730:0429

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Table of Contents

Item Page

ITN Submittal Cover Pages 3-5 Introduction and Overview 6-12

Invitation to Negotiate - Instructions & General Information 12-15 Invitation to Negotiate - Reply Writing Guidelines; Terms of the Reply 16-17 Lease Terms and Conditions 17-22 Reply Evaluation& Negotiation Process; Proposal Evaluation Criteria 22-24

Protest Procedure 25 Certification, Required Documentation Checklist 26

Agency Specifications - Restrooms, Floor Plans 27-29 Construction Meetings, Occupancy, Fire Prevention, Air Quality 29-31 Security Requirements 31-32 Refrigerated Drinking Fountains, Floor Covering 32-33 Windows, Ceiling Fans, Lighting 33 Electrical Requirements 33 Janitorial Service, Maintenance & Repair, Painting 34 Misc. Requirements 34-37 Specifications for Standard Workstations 37-38 GTA Cubicle Requirements 39 GTA Lobby Reception 40 GTA Employee Reception Lobby Workstations 41-42 GTA Customer Service Window 43 GTA Prototype 44 Signage & Decal Requirements 45-47 Boundary Map 48

This ITN, future amendments, notices, etc., related to the ITN will be available and accessible through the State’s Vendor Information Portal (VIP) link: https://vendor.myfloridamarketplace.com

It is the responsibility of interested individuals to check the VIP site for future postings under the ITN.

https://vendor.myfloridamarketplace.com/

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Table of Contents

Attachments Boundaries (Attachment A) Space Allocation Requirements (Attachment B) Lease Agreement (Attachment C) Liquidated Damages (Attachment C, Addendum A) Janitorial Services (Attachment C, Addendum B) Employment Eligibility Verification (Attachment C, Addendum C) Proposal Submitted by the Lessor (Attachment C, Addendum D) Florida Law Venue (Attachment C, Addendum E) Indoor Air Quality (Attachment C, Addendum F) Security & Fire Systems (Attachment C, Addendum G) Telecommunications Systems & Cabling Requirements (Attachment C, Addendum H) Disclosure Statement (Attachment D) Fire Marshal (Attachment E) Energy Performance Requirements (Attachment F) Commission Agreement (Attachment G) Power of Attorney (Attachment H) My Florida Market Place (Attachment I) W-9 Information & Direct Deposit (Attachment J)

All pages must be initialed in the space provided on the bottom of each page.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

ITN 730:0429 Submittal Cover Page

Offeror Name: ___________________________ Title: ________________________________

Company: _______________________________ E-mail: _______________________________

Address: ________________________________ City/State/Zip: ________________________

Phone: __________________________________ Fax: ________________________________

Address of the Proposed Space is: __________

Square feet offered in the Proposed Space is: _________________________________

Building BOMA Rating as Supplied by Offeror (Tenant Broker will verify): ________________________________

Offerors must submit rates for all lease years being requested. A Reply that does not contain rates for all term years will be considered non-responsive and the Reply will not be evaluated. Pursuant to Rule 60H-1.015, F.A.C., all Offerors submitting rental rates for existing buildings must include a rental rate per square foot per year for all years of the lease, including renewals, that will include all renovations and other special requirements necessary to accommodate the Agency at the time of initial occupancy.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Seven Year Base Term with 10/1-year renewals

Provide the proposed Full-Service rent (or describe a method of determining such a Full-Service rent figure) for each year of the Base and Renewal Option terms as specified in Section D on page 18.

Initial Lease Term Rate Per Square Foot Total Annual Rental Year 1 $ $ Year 2 $ $ Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $

Option Renewal Terms Rate Per Square Foot Total Annual Rental

Year 2 $ $

Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $ Year 8 $ $ Year 9 $ $

Year 10

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Ten Year Base Term with 10/1-year renewals

Provide the proposed Full-Service rent (or describe a method of determining such a Full-Service rent figure) for each year of the Base and Renewal Option terms as specified in Section D on page 18.

Initial Lease Term Rate Per Square Foot Total Annual Rental

Year 2 $ $ Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $ Year 8 $ $

Year 10 $ $

Option Renewal Terms Rate Per Square Foot Total Annual Rental

Year 2 $ $

Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $ Year 8 $ $

Year 10 $ $

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

INTRODUCTION AND OVERVIEW

The State of Florida’s Department of Revenue hereinafter referred to as the “Agency” or “Lessee”, requests your participation in existing office space located in Broward County, Florida (more detailed boundaries are attached hereto as Attachment A). The Department of Revenue is seeking detailed and competitive proposals to provide built-out office facilities and related infrastructure for the occupancy by the Agency. As relates to any space that is required to be built-out pursuant to this Invitation to Negotiate, please see Attachment B which includes the Agency Specifications detailing the build-out requirements.

All responses to this Invitation to Negotiate (hereinafter referred to as a “Reply” or “Replies”) must be received by the date required in Section A, on page 13 in written/typed form. The Reply must be sent, within the timeframes provided herein, to the Department of Revenue at the address specified in Invitation to Negotiate.

The “Offeror” shall mean the individual submitting a Reply to this Invitation to Negotiate, such person being the owner of the proposed facility or an individual duly authorized to bind the owner of the facility. The term “Reply” or “Replies” shall be the Offeror’s response to the Invitation to Negotiate. The term “State” shall mean the State of Florida and its Agencies.

Offerors must submit proposals for all lease terms being requested. Any proposal that does not contain rates for any term will be considered non-responsive and the offer will not be evaluated.

This is an Invitation to Negotiate. Nothing contained herein shall be deemed an offer to lease, and the State reserves the right to negotiate with all, some or none of the respondents in its sole discretion. Please note that the State has the right, at any time during the process, to reject any and all proposals that are not, in the State’s sole discretion, in the best interests of the State.

The Agency is seeking approximately 15,859 (minimum) to 17,529 (maximum) net useable square feet of space for the General Tax Administration (GTA), with a 7 & 10-year rate.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

ITN DEFINITIONS

BOMA Building Classifications: As defined by the Building Owners and Managers Association

Class A: Building has excellent location and access to attract the highest quality tenants. Building must be of superior construction and finish, relatively new or competitive with new buildings, and providing professional onsite management.

Class B: Building with good location, management and construction land tenancy. The building can compete at low end of Class A. Class B building finishes are fair to good for the area and systems are adequate.

Class C: Generally, an older building with growing functional and/or economic obsolescence. Building competes for tenants requiring functional space at rents below the average of the area.

Class D: An older building in need of extensive renovation because of functional obsolescence or deterioration.

Boundary: The precise geographic area defined by lines, streets, or roads, denoting the area for the acceptable location of a site/facility. To be considered within the specified given boundaries, the site or facility must be located within or abuts the defined lines of demarcation. (Attachment A)

Business Day: Working days occurring Monday through Friday, except legal holidays observed by the State of Florida.

The terms “working days” and “business days” may be used interchangeably.

Certificate of Occupancy: The certificate issued by the appropriate official from the jurisdiction or jurisdictions where the offered property or facility is located, which signifies that the building or structure has met all construction requirements of such jurisdiction, and that the structure or facility may be occupied by people.

Certified Minority Business Enterprise (CMBE): A business which has been certified as a minority business, by the Office of Supplier Diversity, Department of Management Services.

Common Area: Any area of a building whose use is shared by other tenants. Examples include primary lobby, restrooms, primary (entrance) corridors, etc.

Covenants: Clauses in the lease or underlying deed, which define or limit the rights and obligations of the Lessor or the Lessee.

Date of Occupancy: The date following the issuance of any applicable certificate of occupancy when a building or facility has been inspected and is accepted by the Department.

Day: One calendar day.

Department: Refers to the State of Florida’s Department of Revenue, which is issuing this Invitation to Negotiate (ITN), or its successor in interest. The complete name of the Department, which issued this ITN, is provided on the first page of this ITN. As used in this document, the word “Department” refers to the full formal name of the issuer of this ITN.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Disclosure Statement: A statement listing the names, addresses, occupations and percentage of ownership for any individual(s) who hold(s) 4% or more interest in the property or entity holding title to the property being leased to the State. (Attachment D)

Energy Performance Index: A number describing the energy limits of a facility per square foot of floor area per year stated in BTU consumption per square foot per year. (Attachment F)

Energy Star: A joint program of the U.S. Environmental Protection Department and the U.S. Department of Energy helping us all save money and protect the environment through energy efficient products and practices.

Existing Building/Facility: To be considered existing, the proposed space shall be enclosed with a roof system and exterior walls in place.

Foot-candle: The illumination of a surface one-foot distance from a source of one candle, equal to one lumen per square foot. For purposes of this ITN, foot-candles shall be measured using a General Electric Type 214 Light Meter or its equal to be supplied by the Offeror.

Full-Service Lease: Services to be provided by the Offeror, include all utilities, water, interior and exterior maintenance, recycling services, garbage disposal, janitorial services and supplies as specified (Attachment C, Addendum B). Taxes and insurance shall be the responsibility of the Offeror. The Offeror shall be responsible for all buildouts and clean ups. Offeror shall deliver the completed space as specified by the within the proposal submittal form.

Infrastructure: Monthly reoccurring costs associated with separate facilities, to include but not limited to T1 wiring, 3 meg wiring and 6 meg wiring.

Invitation to Negotiate: (ITN): The ITN consists of the package of documents by which the Department seeks to lease real property to meets its needs. This consists of a group of documents provided to each interested party, including:

A. Cover sheet entitled Invitation to Negotiate.

B. Instructions and Information.

C. ITN document.

D. Attachments to the ITN package.

E. Any written amendments to this ITN, submitted in writing to the Issuing Officer as date specified.

Lease: The Department of Management Services Lease contract entered by a Department and the successful Offeror to this ITN. The lease shall incorporate, among other provisions, the contents of this ITN and the successful Offeror’s response to this ITN, except as specifically provided to the contrary in the lease document and which gives the Department a current possessor interest in the building or facility. The terms “lease” and “contract” may be used interchangeably.

Lessee: A person who acquires the right of possession and use of premises under a lease.

Lessor: A person who transfers the right of possession and use of premises under a lease.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Market Rate: Average rate of similar properties and services associated with those properties in a defined geographic region as defined by the engaged tenant broker’s Independent Market Analysis.

Offeree: The Department who will acquire the right to possession and use of premises under a lease.

Offeror: Any firm or person, who submits written Replies for consideration, who will eventually transfer the right to possession and use of premises under a lease.

Owner of Record: Individual(s) or Entity listed as owner on recorded deed. Recorded Deed shall show Clerk of the Courts Book and Page Numbers.

Proposal: All materials submitted by an Offeror in response to this ITN.

Prospective Offeror: Any firm or person who submits a Reply to the Department in response to this ITN.

Renewal Rent: The total rent over the renewal options of the lease.

Rent: The total rent over the base term of the lease.

Responsive Proposal: A proposal, which conforms in all material respects to this ITN.

Standard Lease Agreement: Lease Form Number 4054 on which leases for real property are written.

State: The State of Florida and its departments, boards and commissions, officers and employees.

Subcontractor: Any person other than an employee of the Offeror who performs any of the services listed in this ITN for compensation.

Engaged Tenant Broker: Contractor hired pursuant to section 255.25 (3)(g), F.S., by the Department/Agency to work on its behalf to locate, negotiate and consummate a lease for requested space.

UPS: Un-interruptible power supply.

Workstation/Cubicle: Each program has different needs for workstations. Please be sure to understand what type, size and specifications each area of build out requires. The agency requires new manufactured cubicle workstations. The Department shall approve the type, color and quality of workstations.

Throughout this ITN, the singular may be read as plural and the plural as singular. Gender is intended to be neutral.

CLARIFICATIONS

Before award, the Agency reserves the right to seek clarifications, to request revisions to Replies, and to request any information deemed necessary for proper evaluation of Replies. Offerors may be requested to make a presentation, provide additional references or information, or provide the opportunity for a site visit, if deemed necessary by the

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

Agency. Any written summary of presentations or demonstrations shall include a list of attendees, a copy of the agenda, and copies of any visuals or handouts, and shall become part of the Offeror’s Reply. Failure to provide requested information may result in rejection of the Reply.

REJECTION OF ALL REPLIES

The Agency reserves the right to reject all Replies at any time, including after an award is made, when to do so would be in the best interest of the State of Florida, and by doing so assumes no liability to any Offeror.

WITHDRAWAL OF ITN

The Agency reserves the right to withdraw the ITN at any time, including after an award is made when in the best interest of the State; in doing so, the Agency assumes no liability to any Offeror.

RESERVED RIGHTS AFTER NOTICE OF AWARD

The Agency reserves the right to schedule additional negotiation sessions with Offerors identified in the posting of a Notice of Award in order to establish final terms and conditions for contracts with those Offerors. The Agency reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award and reopen negotiations with any Offeror at any time prior to execution of a contract.

PUBLIC RECORDS

All electronic and written communications pertaining to this ITN, whether sent from or received by the Agency, are subject to the Florida public records laws. Sealed Replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), F.S., and Section 24(a), Art. I of the Florida Constitution until such time as the Agency provides notice of an intended decision or until 30 days after opening final Replies.

If an Offeror considers any portion of the materials submitted in its Reply to this solicitation to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, the Offeror must mark the document as “Confidential” and simultaneously provide the Agency with a separate redacted copy of its Reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the Offeror’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Offeror claims are confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority.

It is the Offeror’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. The Offeror shall be responsible for defending its determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

By submitting a Reply, the Offeror agrees to protect, defend, and indemnify the Agency for any and all claims arising from or relating to the Offeror’s determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Offeror fails to submit a redacted copy of information it claims is confidential, the Agency is authorized to produce all materials submitted to the Agency in answer to a public records request for these records.

FAMILIARITY WITH LAWS

The Offeror is required to be familiar with all federal, state and local laws, ordinances, rules, and regulations that in any way affect this project. Lack of knowledge by the Offeror shall in no way allow relief from responsibility. All costs

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___ associated with compliance shall be borne by the Offeror. The Agency shall exercise due care in response to questions concerning matters of law, but if in error, shall not be estopped from asserting the correct principles of law.

LEGAL REQUIREMENTS

Applicable provisions of all federal, state, county and local laws and administrative procedures, regulations or rules shall govern the development, submittal and evaluation of all Replies received in response hereto. Florida law shall govern any and all claims and disputes, which may arise between persons submitting a Reply hereto and the Agency. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Offeror shall not constitute a cognizable defense against their effect.

VENUE

The validity, interpretation, and performance of the lease shall be controlled by and construed under the laws of the State of Florida. Any and all litigation arising under the lease must be instituted in the appropriate court in Leon County, Florida.

WAIVER

The failure of any party to the lease resulting from this ITN to object to or take affirmative action with respect to any conduct of the other which is in violation of the terms of the lease shall not be construed as a waiver of the right to seek remedies for the violation or breach, or of any future violation or breach.

VENDOR REGISTRATION IN MYFLORIDAMARKETPLACE

To comply with Rule 60A-1.033, Florida Administrative Code (F.A.C.), each successful vendor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C., in order to be paid. If the vendor is already registered in MyFloridaMarketPlace, the vendor may include a signed Certification of Registration. Vendors who are not subject to registration requirements should include proof of exemption by Rule from registration. Failure to exclude either proof of registration or exemption will not prevent the evaluation of the Offer; however, such failure must be remedied prior to execution of a contract, if any. (Attachment I)

LOBBYING AND INTEGRITY

The Agency shall ensure compliance with Section 11.062, F.S., and Section 216.347, F.S. The Offeror shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Agency’s Inspector General, or other authorized State official, the Offeror shall provide any type of information the Inspector General deems relevant to the Offeror’s integrity or responsibility. Such information may include, but shall not be limited to, the Offeror’s business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Offeror shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Agency of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). The Offeror agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Offeror’s compliance with the terms of this or any other agreement http://dos.myflorida.com/library-archives/records-management/general-records-schedules/

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___ between the Offeror and the State which results in the suspension or debarment of the Offeror. Such costs shall include but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Offeror shall not be responsible for any costs of investigations that do not result in the Offeror’s suspension or debarment.

INDEMNIFICATION

The Offeror shall act as an independent contractor and not as an employee of the Department in the performance of the tasks and duties which are subject of the lease. The Offeror shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the Department, the State of Florida, its officers, and employees, harmless from all claims, suits, judgments or damages (including litigation costs and reasonable attorney’s fees) arising from the Offeror’s performance of the tasks and duties which are subject of the lease whether accomplished by subcontractor or not, including:

A. Obtaining consent of any nature whatsoever.

B. All claims arising from contracts between the Offeror and other parties made pursuant to the lease.

C. Actions resulting from hidden defects in the property which a reasonable inspection of the premises did not reveal.

SUBCONTRACTING

The Offeror may enter written subcontracts for performance of work under the lease but only with prior written approval of the Department. The Department shall have the continuing right throughout the term of any lease resulting from this ITN to disapprove subcontractors if such disapproval would be in the best interest of the Department. The Department shall have the right to inspect and acquire copies of any of the documents executed between the Offeror and the subcontractor. No subcontract, which the Offeror enters with respect to performance under the lease, shall in any way relieve the Offeror of any responsibility for performance of duties required by law or required in any lease resulting from this ITN. All subcontractors must be licensed and insured and be able to provide such documentation to the Department.

UNAUTHORIZED ALIENS

Notice to the Offeror: The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of the lease without penalty. That unauthorized aliens shall not be employed by the contractor. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C.

1324 a). Such violation shall be cause for unilateral cancellation of this contract by the Department.

Pursuant to Executive Order #11-02 (as superseded by 11-116), signed by Governor Rick Scott on May 27, 2011, the successful proposer will utilize the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and subcontractors.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

ITN INSTRUCTIONS AND GENERAL INFORMATION

A. PROPOSAL REPLIES

Complete written Replies are due by 1:00 pm on August 24, 2022. Submissions must include the original ITN form properly completed and witnessed, and one (1) electronic copy in a sealed envelope (or other suitable package) with the lease number and/or ITN number clearly marked on outside sealed envelope. The written Replies are acceptable via US Mail, private courier service, or hand-delivery to:

Florida Department of Revenue

Office of Leasing & Facilities ATTN: Torie Swain

2450 Shumard Oak Blvd, Building 2, Suite 1600

Tallahassee, Florida 32399

Replies will be opened at 1:01 PM EST on August 24, 2022 at the address referenced in Item A. Key Invitation to Negotiate Dates are referenced in Item C. The Capitol Circle Office Complex is a secure facility, and it takes additional time to gain access. Please allow additional time to gain entrance or notification of authorized personal. Note that Replies which are late, unsealed, missing, and Replies which are deemed by the Department (in the Department’s sole discretion), to be substantially incomplete, inaccurate, vague, or illegible are not the responsibility of the State and will not be considered. Once received, all Replies and attachments shall become the property of the State of Florida exclusively and will not be returned.

B. QUESTIONS REGARDING THE ITN

Any questions or clarifications regarding this Invitation to Negotiate or its specifications will be addressed, in writing at a pre-bid conference meeting on July 21, 2022. Address for pre-bid conference is referenced in Item A. Following the pre-bid conference, all questions must be submitted via e-mail to Torie Swain at torie.swain@floridarevenue.com, Jerry Thornbury at Jthornbury@savills.us or Michael Messina at MMessina@savills.us no later than July 26, 2022. All answers to be posted on Vender Information Portal (VIP) no later than July 29, 2022. The Agency strongly encourages, but does not require, that all prospective Offerors participate in the Pre-Bid Conference, during which Offerors may pose questions.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this pre-bid conference is asked to advise the agency at least 5 days before the pre-bid conference by contacting Torie Swain at 850-717-7427 or through the Florida Relay Service at 1-800-955-8771 (TTD).

From the date this ITN is issued until a notice of recommended award, rejection of all bids or other notice is made, no contact related to the ITN will be allowed between an Offeror and any Department staff, with the exception of Torie Swain, Jerry Thornbury, or Michael Messina. Any unauthorized contact will disqualify the Offeror from further consideration.

Pre-Bid Conference agenda, material clarifications, changes in specifications, or any other information related to this Invitation to Negotiate (as solely determined by the Department) will be posted on the Vendor Information Portal at https://vendor.myfloridamarketplace.com (Select search advertisements, select organization– Dept. of Revenue, select initiate search, select ITN).

mailto:torie.swain@floridarevenue.com mailto:torie.swain@floridarevenue.com mailto:Jthornbury@savills mailto:PKolosvary@savills.us mailto:PKolosvary@savills.us

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

C. KEY ITN DATES

Date ** Time Schedule of Events** 7/11/2022 Date on which the ITN is advertised on the Vendor Information Portal 7/21/2022 2:00 pm *Pre-Bid Conference via Zoom; details to be provided by Tenant Broker and posted to the

Vendor Information Portal at a later date 7/26/2022 5:00 pm Deadline for submitting questions, in writing, relating to this ITN

No further questions accepted after this date and time 7/29/2022 Date responses to written questions received relating to this ITN will be posted on the Vendor Information Portal 8/24/2022 1:00 pm Deadline for Receipt of Replies

LATE REPLIES WILL NOT BE CONSIDERED

8/24/2022 1:01 pm *Opening of Replies

Florida Department of Revenue 2450 Shumard Oak Blvd Building 2, Suite 1600 Tallahassee, FL 32399

8/25/22- 9/2/22 Time period for evaluation of Replies / Agency’s Evaluators Tour of Selected Offered Facilities

9/6/22-9/29/22 Estimated time period for negotiations 10/3/22 Estimated Notice of Intent of Award posted on Vendor Information Portal 09/1/2023 Anticipated Lease Start Date *All Offerors are hereby notified that the meetings noted with an asterisk (*) above are open to the public and may be electronically recorded by any member of the audience. Although the public is invited no comments and/or questions will be taken from Offerors or other members of the public (except for comments and questions of the potential Offerors at the Pre-Bid Conference).

**NOTE: All dates, times and locations are subject to change at the sole discretion of the Department.

Such changes will be posted on the VIP Web Site https://vendor.myfloridamarketplace.com. All times for this solicitation are Eastern Standard Time.

D. OFFICIAL CONTACT PERSON – TENANT BROKER

Inquiries and comments about this ITN should be directed to:

Savills Occupier Services 3000 Bayport Drive Suite 450 Tampa, Fl 33607

Jerry Thornbury or Michael Messina Phone: 813-864-1688 JThornbury@savills.us

MMessina@savills.us The persons above are the only authorized individuals to respond to ITN comments and questions.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

E. OFFICIAL CONTACT PERSON - OFFEROR

Each Offeror MUST provide the below contact information:

Name: ________________________________________

Title: _________________________________________

Company: _____________________________________

Address: ______________________________________

City/State/Zip: _________________________________

Phone: ________________________________________

Fax: __________________________________________

E-mail: ________________________________________

F. PUBLIC ENTITY CRIMES STATEMENT

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 Reply on a contract to provide any goods or services to a public entity, may not submit a Reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit a Bid or Reply on leases of real property to a public entity, may not be awarded or 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, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

G. SPECIAL ACCOMODATION

Any person requiring a special accommodation because of a disability should call Torie Swain at 850-717-7427 at least five (5) workdays prior to the scheduled event. If you are hearing or speech impaired, please contact Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD).

I. COOPERATION WITH THE INSPECTOR GENERAL

Pursuant to Section 20.055(5), F.S., each Offeror understands and will comply with its duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

INVITATION TO NEGOTIATE REPLY WRITING GUIDELINES, TERMS OF THE REPLY

Failure to follow the required format and to provide the information and affirmations may result in a Reply being deemed non-responsive.

A. REQUIREMENTS AND ORGANIZATION OF THE REPLY

This Invitation to Negotiate is organized to allow the incorporation of some or all your responses on this form. If additional space is required to fully respond to this Invitation to Negotiate, please attach the additional response to your Reply and clearly indicate the Section to which the response relates. Each Reply should follow the same general order of contents, described as follows:

Replies must completely and accurately respond to all requested information, including the following:

• Control of Property – For a Reply to be responsive, it must be submitted by one of the entities listed below, and the proposal must include supporting documentation proving such status. This requirement applies to the building or structure and the proposed parking areas, as well as area of ingress and egress.

o The owner of record of the facility(s) and parking area(s) – Submit a copy of the deed(s) evidencing clear title to the property proposed.

o The Lessee of space being proposed – Submit a copy of the underlying lease agreement with documentation of authorization to sublease the facility and parking areas through the term of the base lease and all renewal option periods.

o The authorized agent, broker or legal representative of the owner(s) – Submit a copy of the Special Power of Attorney (Attachment H) authorizing submission of the Reply.

o The holder of an option to purchase – Submit documentation of a valid option to purchase the facility(s) and/or parking area(s) from the owner of record which, if exercised, will result in the Offeror’s control of the property within forty-five (45) business days of the notice of award.

Failure to provide proof of ownership of the proposed property within forty-five (45) business days of notice of award may render the award null and void.

o The Holder of an option to lease the property offered – Submit documentation of an option to lease the facility with authorization to, in turn, sublease. Any lease must encompass the entire time period of the basic lease and any renewal option periods as required by this State. A copy of the lease agreement or the option to lease between the owner and the lessee must be provided to the Agency at the time of submitting the Reply.

• Official Contact Person - Provide the contact information of the Offeror. (pg.15)

• Lease Terms and Conditions - Provide response to all of the “Lease Terms and Conditions” listed in this Article. Responses should be clearly delineated and specific to the questions, terms and requirements.

• Certification – each Offeror must complete the Certification and provide proof of authority as specified in page 26. Certification must be witnessed.

• Scaled Floor Plans / Space Planning - Interior/Space Planning – Each Reply must include a floor plan to scale (Example: 1/16” or 1/8” or ¼” = 1’0”) showing the present configurations with measurements. The final floor plan (if Offeror is selected for Award) will be as described in the specifications included herein or as otherwise negotiated with the Agency. Prior to final negotiation and selection of a Reply or Replies, a “test fit” of the Proposed Space relative to the need may be required, the expense of which shall be borne by the Offeror.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

• ITN Checklist – All items, on ITN Checklist (pg.26) must be included in Reply to be considered responsive. The Department reserves the right to wave minor irregularities in the replies.

B. TERMS OF THE REPLY

The State reserves the right to negotiate the terms of a Reply including but not limited to such Reply’s Financial Terms should a change in any such terms be in the best interest of the State. “Financial Terms” shall include, but not be limited to rent rate, free rent, tenant improvement funds, lease term and details of any required build-out.

C. COST OF DEVELOPING AND SUBMITTING THE REPLY

Neither DMS, the Agency nor the Tenant Broker will be liable for any of the costs incurred by an Offeror in preparing and submitting a Reply.

D. CONTACT WITH THE DEPARTMENT

From the date this ITN is issued until notice of recommended award, rejection of all offers or other notice is made, no contact related to the ITN will be allowed between an Offeror and any Department of Revenue staff, except for the contact person(s) mentioned in paragraph B on page 13. Any unauthorized contact will disqualify the Offeror from further consideration.

E. EXECUTION OF THE LEASE

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 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.

LEASE TERMS AND CONDITIONS

The following is an outline of required lease terms and conditions that must be submitted for review and consideration.

Please provide a response to all the “Lease Terms and Conditions” listed in this Article. Responses should be clearly delineated and specific to the questions, terms and requirements.

A. DESCRIPTION AND MEASUREMENT OF PROPOSED SPACE

The Agency is seeking approximately 15,859 (minimum) to 17,529 (maximum) net useable square feet for GTA (useable square feet as defined below) within the Boundaries (as set forth in Attachment A). The type of space required will be used for office space. Each submission should specify the amount of space available and the address of such space.

The Offeror must provide the location of the space in a building(s) (the “Proposed Space”) and the amount of space available. Any and all references to square feet of the Proposed Space contained in a Reply must be “usable square feet” in accordance with the Standard Method for Measuring Floor Area in Office Buildings, BOMA/ANSI Z65.1-1996, available online at www.boma.org, or at Publication Orders/BOMA International, P.O. Box 79330, Baltimore, MD 21279-0330. The Department of Revenue and Department of Management Services reserve the right to independently verify the space measurement.

The Offeror/Lessor shall be responsible for build-out and clean up and shall provide the Department with a clean, ready to operate space.

http://www.boma.org/

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

B. LEASE COMMENCEMENT DATE

The proposed space is to be made available at least 5 days prior to actual occupancy date, at no charge to the Department, for moving related activities, including, but not limited to, moving in of office equipment and furniture in preparation for occupancy. Should the successful Offeror/ Lessor fail to make the space fully available for occupancy as specified in the Reply, the Offeror/Lessor shall be liable to the Agency for liquidated damages in the amount of $3,808.96 for each additional day until the Proposed Space is made available. Unforeseen circumstances, beyond the control of the Offeror/Lessor (such as acts of God), which delay completion may be cause for the Offeror to request an extension (in writing) from the Agency. If the delay is greater than thirty (30) days, the Agency shall have the right to terminate the lease.

Offeror/Lessor agrees to make the proposed space available for occupancy by the lease commencement date.

(Use an X to mark one of the following): YES ______ or NO______

Offeror/Lessor agrees to make the proposed space available for moving related activities five (5) days prior to the lease commencement date at no charge to the Agency. (Use an X to mark one of the following):

YES ______ or NO______

The telecommunications room/demarcation room to be completed on or before August 15, 2023 (two weeks before commencement). The Department shall be allowed to install required equipment during this time.

Offeror/Lessor agrees to make the Proposed Space available for telecommunications installation activities fifteen (15) days prior to the Lease Commencement Date at no charge to the Agency. (Use an X to mark one of the following): YES ______ or NO______

C. TERM AND RENEWAL OPTIONS

The term of this requirement will be 84 or 120 months from occupancy. The State requires a minimum of (10) Ten

(1) One-year renewal options. Verify that you will be able to provide the State with this term and these renewal options. As to the renewal options, propose rates for each year of the renewal term(s) in section D below.

Offeror agrees that the proposed space will be available to the Agency throughout the initial term and the renewal option periods as specified above. (use an X to mark one of the following): YES ____ or NO_____

D. FULL SERVICE (GROSS) RENTAL RATE

The Offeror shall provide the Agency with a full service (gross) lease structure. Therefore, the lease rate must include base rent, taxes, all operating expenses (including, but not limited to, janitorial services and supplies, utilities, water, insurance, interior and exterior maintenance, recycling services, garbage disposal, security system installation and maintenance, and any amortization of required tenant improvements to the proposed space).

The Offeror shall provide pricing for full-service rental rates with utilities factored into the proposed rates. There shall be no pass through of additional expenses. The proposed full-service lease rental rate for each year of the initial term must be provided. The State is exempt from sales tax on all rent payments. Submitted lease rates are

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___ negotiable. Offerors should provide their best lease rates, which must be held firm in accordance with the section on Binding Replies. Lease rates that are contingent or that involve a basic rate plus “cap” or “range” for such things as tenant improvements will be deemed non-responsive.

E. PERMITTED USE BY THE STATE

The State’s permitted use for the location will include general office purposes as well as appropriate appurtenant uses such as cafeteria, training areas, vending, computer rooms, etc.

Offeror agrees and acknowledges that the use of the proposed space as described above is acceptable and that it is compliant with all laws. (use an X to mark one of the following): YES ____ or NO ____

F. TENANT IMPROVEMENTS

The State requires a “turn-key” build-out by the Landlord. Therefore, Offeror shall assume all cost risks associated with delivery in accordance with the required space program specifications detailed in Attachment B.

Offeror agrees to provide a “turn-key” build-out in accordance with the space program specifications detailed in Attachment B following the Agency’s approval of an architectural layout provided by the Offeror/Landlord.

(use an X to mark one of the following): YES ____ or NO ____

G. ENERGY STAR RATING

The State requires wherever possible that leased space be in an Energy Star rated facility.

Does this facility meet the standard of an Energy Star Building? (use an X to mark one of the following):

YES or NO ____

H. LEASE

Attachment C to this ITN is the form lease agreement (and related addendum) which contains the general terms and conditions required by the State of Florida. Other terms and conditions may be required by the State of Florida to consummate a transaction. Each Offeror should review this form in its entirety.

Offeror acknowledges that he/she has reviewed the form lease agreement contained in Attachment C and that the form (including all terms and conditions) is acceptable should the proposed space be selected by the Agency.

(use an X to mark one of the following): YES ____ or NO____

I. ATTACHMENTS

This ITN contains numerous attachments each of which is an integral part of this ITN. The attachments include the following:

Attachment A Boundaries – details the boundaries within which all proposed space must be located.

Attachment B Agency Specifications – provided as a construction cost guide for Offerors.

Attachment C Lease Agreement – This State Form Lease is provided to give the Offeror a general understanding of some of the terms and conditions required by the State should a lease be consummated. This is only a basic standard lease form. Other terms and conditions may be required by the State for a lease to be consummated.

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___

ADDENDUMS:

A: Assessing liquidated damages B: Janitorial services C: Employment Eligibility Verification D: Proposal submitted by lessor E: Florida law venue F. Indoor Air Quality G. Security & Fire Systems H. Telecommunications Systems & Cabling Requirements

Attachment D Disclosure of Ownership – Each Offeror must complete and return this form with the Reply.

Attachment E State Fire Marshal – This attachment provides general directives with regard to the Offeror’s compliance with the requirements of the State Fire Marshal.

Attachment F Energy Performance Analysis – This Attachment provides a description of the State’s energy requirements for the proposed space.

Attachment G Commission Agreement – This attachment provides a commission agreement relating to the tenant broker as agent for the State. Each Offeror must execute and return a copy of this agreement with the Reply.

Attachment H Special Power of Attorney – This attachment is required if submitting on behalf of owners.

Attachment I My Florida Market Place Vendor Request – This attachment provides instructions on how to register with MFMP on-line.

Attachment J W-9 Information & Direct Deposit

J. NOTICE OF UNDERSTANDING

Each Offeror should read and understand each Attachment in its entirety prior to completion of the Reply.

Additionally, should an Offeror’s proposed space be selected, the Offeror will, to the extent applicable, be required to adhere to the terms and conditions contained in all Attachments and/or shall be required to complete/provide the information required in any such Attachment. Indicate your review and understanding of the Attachments below.

Offeror acknowledges that he/she has reviewed and understands each of the attachments to this ITN and the directives contained therein. (use an X to mark one of the following): YES ____ or NO ____

K. PARKING

Paved, lined and continuously maintained parking for State employees and visitors is required. The Department requests that 110 parking spaces be made available for the use of the Department employees and visitors. At a minimum, respondents must make available not less than 100 parking spaces for the use of the Department employees and visitors at no additional cost to DOR or its employees. Preference will be given to those offers

(R04/22) Please initial Offeror acknowledgement on all pages of this submittal form: ___ which provide 110 total parking spaces. ADA parking to be determined by chart below, or local code, whichever is more stringent.

Minimum Number of Accessible Parking Spaces ADA Standards for Accessible Design 4.1.2 (5)

Total Number of Parking spaces Provided (per lot)

Total Minimum Number of

Accessible Parking Spaces (60” & 96” aisles)

Van Accessible Parking Spaces with min. 96” wide access aisle

Accessible Parking

Spaces with min. 60” wide access aisle

1 to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1000

Column A

2 1 1 3 1 2 4 1 3 5 1 4 6 1 5 7 1 6 8 1 7 9 2 7 2% of total parking provided in each lot

1/8 of Column A*

7/8 of Column A**

20 plus 1 for each 100 over 1000

1/8 of Column A*

7/8 of Column A**

L. DISCLAIMER

This ITN is not an offer, contract, or agreement of any kind. The Offeror/Lessor has no contractual rights whatsoever based on the issuance of this ITN or the procurement process and shall neither take any action nor fail to take any action in reliance upon any part of any discussions held with the Agency or Tenant Broker Representative in conjunction with this ITN until the proposed…

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