FGCC Bartow 0019 ITN - Final.pdf

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

STATE OF FLORIDA

Florida Gaming Control Commission

INVITATION TO NEGOTIATE (ITN) FOR LEASED SPACE

Number: 415:0019 – Polk County

TABLE OF CONTENTS

I. Introduction

II. Instructions and General Information

III. Reply Writing Guidelines Terms of the Reply

IV. Lease Terms and Conditions

V. Reply Evaluation and Negotiation Process Proposal Evaluation Criteria

VI. Certification

VII. Attachments https://flgaming.gov/

ITN 415:0019 Florida Gaming Control Commission – Submittal Cover Page

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 Commission at the time of initial occupancy.

THIS SPACE LEFT INTENTIONALLY BLANK

Offeror’s Information Offeror’s Contact Name: Title:

Company: FEID or Social Security Number (SSN):

Address:

City/State/Zip:

Phone Number: Email:

Proposal Information Proposed Lessor Entity Name:

Proposed Lessor Entity FEID:

Address of Proposed Space:

Street

City

State

Zip

Usable Square Feet in Proposed Space: __________________________________

Requested Parking:

5 Exclusive Parking Spaces Exclusive Parking: Non-Exclusive Parking:

Provide the proposed Full-Service rent for each year of the Base and Renewal Option terms as specified in Article IV, Section E.

Five (5) Year Base Term with Two (2), Two (2) Year Renewal Options

5-Year Base Term Rate Per Square Foot Total Annual Rental

Year 1 $ $

Year 2 $ $

Year 3 $ $

Year 4 $ $

Year 5 $ $

1st Option Renewal Term Rate Per Square Foot Total Annual Rental

Year 6 $ $

Year 7 $ $

2nd Option Renewal Term Rate Per Square Foot Total Annual Rental

Year 8 $ $

Year 9 $ $

INTRODUCTION AND OVERVIEW

The Florida Gaming Control Commission (hereinafter referred to as the “Commission”), requests your participation in a space search in Polk County, Florida [see detailed boundaries listed below]. The Commission is seeking detailed and competitive proposals to provide climate-controlled warehouse space (“Proposed Space”) for occupancy by the Commission. As it relates to any space that is required to be built-out for the Commission and pursuant to this Invitation to Negotiate, all specifications, as identified in Attachment “A”, must be included.

Proposed locations within or abutting the boundary lines below will be considered:

Boundary Map – Polk County

Proposed Boundaries:

Within Polk County

The Commission has authorized Savills Inc. to be its exclusive representative during this solicitation for space.

Brittany Ward and Jerry Thornbury – TENANT BROKER

Inquiries and comments about this ITN should be directed to:

Name: Brittany Ward or Jerry Thornbury

Company: Savills Inc.

Address: 1150 Assembly Drive, Suite 310

City/State/Zip: Tampa, FL 33607

E-mail: bward@savills.us or jthornbury@savills.us

The above contact persons are the only authorized individuals to respond to ITN comments and questions.

The “Offeror” shall mean the individual submitting a Reply to this Invitation to Negotiate (ITN), 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 ITN. The term “State” shall mean the State of Florida and its Agencies. The term “Lessor” shall mean the successful Offeror.

I. ITN INSTRUCTIONS AND GENERAL INFORMATION

a. REPLIES – SUBMISSION REQUIREMENTS Complete written Replies are due on the date specified in Article II, Subsection C, Key ITN Dates. Submissions must include one original Reply and one electronic copy (on single USB storage device in PDF format and viewable in Adobe Acrobat Reader), in a sealed envelope or box with “ITN Lease Number 415:0019” clearly marked on outside sealed envelope or box.

The written Replies are acceptable via US Mail, private courier service, or hand-delivery to:

Florida Gaming Control Commission Attention: Lisa M. Mustain

4070 Esplanade Way Suite 250

Tallahassee, FL 32399

Note: Replies which are late, unsealed, missing, emailed or faxed and Replies which are deemed by the Commission (in the Commission’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

Questions or clarifications regarding this ITN or its specifications are to be submitted, in writing (which may include e-mail), to the Official Contact Person specified in Article I. See Key ITN Dates for deadline to submit questions or requests for clarification and for answers to the questions.

Material clarifications, changes in specifications, amendments or any other information related to this ITN (as solely determined by the Commission) will be posted on the Vendor Information Portal (VIP) Website:

https://vendor.myfloridamarketplace.com/.

Each Offeror is responsible for monitoring the website for new or changing information.

mailto:bward@savills.us mailto:jthornbury@savills.us https://vendor.myfloridamarketplace.com/

c. KEY ITN DATES The process of soliciting and selecting replies will follow the general schedule given below:

**NOTE: All dates, times and locations are subject to change at the sole discretion of the Commission. Such changes will be posted on the VIP Web Site https://vendor.myfloridamarketplace.com/. All times for this solicitation are Eastern Standard Time.

Date ** Time Schedule of Events**

11/20/2024 Date on which the ITN is advertised on the Vendor Information Portal 11/22/2024 5:00 PM Deadline for submitting questions, in writing, relating to this ITN

No further questions accepted after this date and time 11/27/2024 Date responses to written questions received relating to this ITN will be posted on the Vendor Information Portal 12/16/2024 5:00 PM Deadline for Receipt of Replies

LATE REPLIES WILL NOT BE CONSIDERED

12/17/2024 2:00 PM *Opening of Replies

Florida Gaming Control Commission 4070 Esplanade Way, Tallahassee, FL 32399

12/18/2024 – 1/10/2025 Anticipated time period for evaluation of Replies / Site Evaluations

1/13/2025 – 01/24/2025

Anticipated time period for negotiations

01/27/2025 Anticipated Notice of Intent of Award posted on Vendor Information Portal 03/15/2025 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.

https://vendor.myfloridamarketplace.com/

II. INVITATION TO NEGOTIATE REPLY WRITING GUIDELINES AND TERMS OF THE REPLY

a. REQUIREMENTS AND ORGANIZATION OF THE REPLY This ITN is organized to allow the incorporation of the Offeror’s responses on this form. If additional space is required to fully respond to this ITN, please attach the additional response to your Reply and clearly indicate the Section to which the response relates. All instructions, procedures and requirements included in this ITN must be followed.

The Offeror should include the following items in its ITN Reply:

i. Control of Property – The Reply 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 and structure, the proposed parking areas and areas of ingress and egress.

Please select method to which Offeror is proposing and attach applicable documentation as Exhibit A to the Reply.

The owner of record of the facility and parking area – submit a copy of the deed(s) and title insurance or opinion evidencing clear title to the property proposed.

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

The authorized agent, broker, or legal representative of the owner(s) – submit a copy of the Special Power of Attorney authorizing submission of the proposal or corporate documents establishing the authority of the agent, broker or legal representative to act on behalf of the property owner(s).

The holder of an option to purchase – submit documentation of a valid option to purchase the facility and/or parking areas from the owner of record which, if exercised, will result in the Offeror’s control of the facility prior to the intended date of occupancy.

The holder of an option to lease the property offered – submit documentation of a valid 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 resulting from the ITN, as required by the state.

ii. Interior/Space Planning – Please include a floor plan to scale (example: 1/16” or 1/8” or ¼” = 1’0”) showing the present configurations with measurements. Please attach the existing floor plan as Exhibit B to the ITN Reply.

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 Commission.

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 the Department of Management Services, the Commission nor the Tenant Broker will be liable for any of the costs incurred by an Offeror in preparing and submitting a Reply.

III. LEASE TERMS AND CONDITIONS

Responses to all of the “Terms and Conditions” should be clearly delineated and specific to Article IV questions, terms and requirements. Where appropriate, use an “X” to indicate Yes or No.

Certification Regarding Article IV, Lease Terms and Conditions to this ITN. I hereby certify that if the Proposed Space is selected by the Commission, I acknowledge and agree to abide to all requirements and conditions contained therein.

1. Description and Measurement of Proposed Space

The Commission is seeking between 38,000 and 42,000 usable square feet of contiguous space. Type of space required is climate-controlled warehouse space and related infrastructure. Space use is for Florida Gaming Control Commission to store equipment.

All references to square feet of the Proposed Space contained in the Reply must be “usable square feet” in accordance with the Department of Management Services Standard Method for Measuring Floor Area in Office Buildings (Florida Administrative Code 60H-2.003). The Commission and DMS reserve the right to independently verify the space measurement.

ADA Requirements - Space must be renovated prior to Lessee’s occupancy, to conform with the requirements of the Americans with Disabilities Accessibility Implementation Act, Section 553.501 - 553.514, Florida Statutes.

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

Offeror agrees to deliver an ADA compliant space and has listed the complete address and the proposed usable square feet (as defined in above) on the Submittal Cover Page:

Yes No

2. Lease Commencement Date / Liquidated Damages The Proposed Space is to be made available on March 15, 2025, with access to the space thirty (30) business days prior to occupancy date for set-up. Should the successful Offeror fail to make the space available by the date specified in the Reply; the Offeror shall be liable, at the Commission’s discretion for liquidated damages in the amount of $500.00 for each additional day until the Proposed Space is made available, in accordance with the Liquidated Damages Addendum to the Lease.

Space is considered available for occupancy when the Department of Management Services and the Commission are provided with an official and permanent Certificate of Occupancy, an approved State Fire Marshal Final Inspection and the Commission has provided written approval of acceptance to the Lessor. Written approval of acceptance will occur as a result of a walk-through inspection with the Commission and Offeror/Lessor’s designated representatives.

Offeror acknowledges and agrees that the Proposed Space will be available in accordance with the Commencement Date and agrees to the liquidated damages until space is made available.

Yes No

3. Term and Renewal Options Replies must offer a five (5) year initial term. The initial term of the lease for this proposed space will be the Reply that provides the best value for the state. The State requires a minimum of two (2), two (2) year renewal options.

Offeror acknowledges and agrees that the Proposed Space will be available to the Commission throughout the initial term and the renewal option periods as specified.

Yes No

4. Full Service (Gross) Rental Rate The Offeror shall provide the Commission with an industrial gross lease structure. Therefore, the lease rate must include base rent, taxes, all operating expenses (including, but not limited to utilities, water, internet service, insurance, interior and exterior maintenance, janitorial services*, pest control**, security system installation and maintenance, and any amortization of required tenant improvements to the proposed space).

*Janitorial services shall be upon the Commission’s request only, likely one time per year.

**Pest control service shall be for exterior of the building only, not the interior of the Premises.

There shall be no pass through of additional expenses. The proposed Full Service (Gross) 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 negotiable.

Yes No

Offeror acknowledges and agrees that the Proposed Space will be an Full Service (Gross) Lease.

5. Parking

Adequate parking for State employees and visitors is mandatory. The Commission is seeking five (5) exclusive parking spaces be provided on a lot fully controlled by the Lessor. Number of ADA Spaces to be included is as required by code.

Offeror shall notate on the Submittal Cover Page (page 2) how many exclusive and non-exclusive parking spaces are being offered to the Commission.

Yes No

6. Turn-key Build Out The Commission requires a “turn-key” build-out by the Offeror. Offeror will assume all cost risks associated with delivery in accordance with the required space program specifications detailed in Attachment A.

Offeror acknowledges and agrees that the Proposed Space will be “turn-key” build-out in accordance with the specifications detailed in Attachment “A” following the Commission’s approval of an architectural layout provided by the Offeror/Lessor.

Yes No

7. State Standard Lease and Addenda Attachment “C” to this ITN is the State’s required lease agreement form (and related addenda) which contains the general terms and conditions required by the State of Florida. The use of this form is required; no other form will be accepted. 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 review of the lease agreement form contained in Attachment “C” and that the form (including all terms, conditions, and addenda) is acceptable should the Proposed Space be selected by the Commission.

Yes No

8. Commission Agreement Attachment “G” contains the Commission Agreement form. The Offeror should review the Commission Agreement.

Offeror acknowledges and agrees to execute and be bound by the Tenant Broker Use and Commissions Agreement.

Yes No

9. Attachments

This ITN contains numerous Attachments and Addenda, each of which is an integral part of this ITN. The forms are required, as applicable. A sample of each Attachment and Addenda is included in this ITN. The Attachments include the following:

Attachment A: Commission Specifications – provides specific detail as to the Commission space requirements.

Attachment B: Sample Construction Project Schedule – details the various stages of construction and projected completion dates.

Attachment C: Lease Agreement – the State lease form 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. No changes to the form or language are permitted.

The following Addenda are included in the original lease agreement upon execution:

- C-1 Proposal Submitted by Lessor

- C-2 Employment Eligibility Verification (E Verify)

- C-3 Air Quality

- C-4 Liquidated Damages

- C-5 Disclosure Statement of Ownership

Attachment D: State Fire Marshal Plans Review & Procedures – this attachment provides general directives regarding the Offeror’s compliance with the requirements of the State Fire Marshal. The State Fire Marsal procedures must be fulfilled by the awarded Lessor at its sole cost.

Attachment E: Energy Performance Analysis – this Attachment provides a description of the State’s energy requirements for the Proposed Space and the energy performance calculation method. The EPA is only to be completed by the awarded Lessor, at its sole cost. This is not required to be completed as a part of the Reply.

Attachment F: Special Power of Attorney – this attachment is required, if submitting on behalf of the owners.

Attachment G: Commission Agreement – this attachment provides for Offeror’s agreement of the Tenant Broker as agent for the State.

Should an Offeror’s space be selected, the Offeror will, to the extent applicable, be required to adhere to the terms and conditions contained in all Addenda and Attachments and/or shall be required to complete/provide the information required in any such Attachment.

Offeror acknowledges that he/she has reviewed and understands each of the Attachments and Addenda to this ITN and the directives contained in this section.

10. Permitted Use by the State The State’s permitted use for the location will be for climate-controlled warehouse space for use by Florida Gaming Control Commission to store equipment.

Offeror agrees and acknowledges that the use of the Proposed space as described above is acceptable and that is in full compliance with all current zoning requirements, regulations, laws and ordinances, etc..

Yes No

11. Energy Star Rating The State requires, wherever possible, that leased space be in an Energy Star rated facility. The proposed Facility does not have to be Energy Star rated to be considered.

Does this facility meet standards of an Energy Star building as determined on the following website:

http://www.energystar.gov/index.cfm?c=evaluate_performance.bus_portfoliomanager?

If so, provide the Energy Star rating for this building:________________

12. Disclaimer This is an Invitation to Negotiate. Nothing contained herein shall be deemed an offer to lease, and the Commission reserves the right to negotiate with all or none of the respondents in its sole discretion. Please note that the Commission has the right, at any time during the process, to reject any and all Replies that are not, in the Commission’s sole discretion, in the best interests of the State. The Commission reserves the exclusive right to make determinations of what constitutes an irregularity in a Reply and whether to waive and/or cure an irregularity.

This ITN is neither an offer, contract nor agreement of any kind. Neither the Commission nor the Lessor shall have any legal rights or obligations whatsoever between them and neither shall take any action or fail to take any action in reliance upon any part of these discussions until the proposed transaction and a definitive written lease agreement is approved in writing by the Commission.

The terms of any transaction, if consummated, shall not be final nor binding on either party until a Lease Agreement is executed by all parties. This ITN may be modified or withdrawn by the Commission at any time.

Offeror understands and agrees with the Disclaimer set forth in this Section.

http://www.energystar.gov/index.cfm?c=evaluate_performance.bus_portfoliomanager

IV. REPLY EVALUATION & NEGOTIATION PROCESS AND PROPOSAL EVALUATION CRITERIA

Reply Evaluation and Negotiation Process: Using the evaluation criteria specified below, the Commission shall evaluate and rank Replies and, at the Commission’s sole discretion, proceed to negotiate with Offerors as follows:

• The highest ranked Offeror(s) will be invited to negotiate a lease. If necessary, the Commission/Tenant

Broker shall request revisions to the Reply submitted by the top-rated Offeror(s) until it is satisfied that the Reply will serve the State’s needs. The process will continue until a lease is negotiated and executed.

• The Commission reserves the right to negotiate with all responsive and responsible Offerors, serially or concurrently, to determine the best-suited solution. The ranking of Replies indicates the perceived overall benefits of the proposed solution, but the Commission/Tenant Broker retains the discretion to negotiate with other qualified Offerors, as deemed appropriate.

• Before award, the Commission reserves the right to seek clarifications, to request Reply revisions, and to request any information deemed necessary for proper evaluation of Replies. Offerors may be requested to make a presentation, provide additional references, provide the opportunity for a site visit, etc. The Commission reserves the right to require attendance by representatives of the Offeror. 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.

• The focus of the negotiations will be on achieving the solution that provides the best value to the State.

• In submitting a Reply, a Offeror agrees to be bound to the terms contained in that Reply for a minimum of sixty (60) days. Offered prices/rates should assume those terms apply, but the Commission/Tenant Broker reserves the right to negotiate different terms and related price adjustments if the Commission determines that it is in the State’s best interest to do so.

• The Commission reserves the right to reject any and all Replies, if the Commission determines such action is in the best interest of the State or Commission. The Commission/Tenant Broker reserves the right to negotiate concurrently or separately with competing Offerors. The Commission reserves the right to waive minor irregularities in Replies.

The successful Reply will be the one that is the best overall Reply which is in the interest of the State. All Replies will be evaluated on the factors below:

a. Associated Fiscal Costs:

Rental:

Rental rates for basic term of lease. Rates are evaluated using total present value methodology for basic term of lease, by application of the present value discount rate of 4.17%.

Maximum points: 20

Rental rates for renewal terms of lease. Proposed renewal rates are within projected budgetary restraint of the department.

Maximum points: 5

b. Location:

Facility location, including the area surrounding it and access to key thoroughfares, is best suited and conducive to conducting business with the Commission’s clients and for its operations.

Maximum points: 18

Present condition of physical property the building sits on, adjacent structures and surrounding neighborhood. The building appears to be well-maintained by the Landlord or the Landlord has proposed interior and exterior maintenance that will ensure the building is well-maintained and loading zones conducive to meet Commission’s needs.

Maximum points: 17

Minimal security issues posed by building, by associated parking and by surrounding neighborhood. Good quality of exterior lighting and minimally obstructed entrances/exits.

Maximum points: 15

c. Premises and Parking:

The extent to which the offered space is designed or will be designed to an efficient layout and good utilization of space.

Maximum points: 10

The proposed parking is sufficient and appropriately accessible to meet the Commission’s needs.

Maximum points: 10

d. Other Factors that may be considered and for which additional points may be awarded:

Presence of security features that provide additional benefit to the Commission.

Maximum points: 5

V. CERTIFICATION

Each Reply must be signed by the owner(s), corporate officers of the owner or the legal representative(s) of the owner. The corporate, trade or partnership name must be stamped, written or typewritten, beside the actual signature(s). If a Reply is signed by a corporate officer or agent of the owner, written evidence of authority must accompany the Reply. If a corporation foreign to the State of Florida is the owner, written evidence of authority to conduct business in Florida must accompany the Reply.

I hereby certify as owner, officer or authorized agent, that I have read the ITN in its entirety and agree to abide by all requirements and conditions contained therein. I further certify that this Reply constitutes my formal proposal in its entirety.

Offeror’s Name FEID or SSN of Prospective Officer

(Authorized Signature) Relationship to Owner

ATTACHMENT A

COMMISSION SPECIFICATIONS

Please see below for the Commission’s general specifications that the awarded Lessor shall be responsible to deliver on a turn-key basis. During the evaluation and test fit period, the Commission will evaluate on a case-by-case basis whether any of these space requirements will be adjusted based on reviewing the conditions of the Proposed Space.

Premises: The Premises shall be 38,000 – 42,000 square feet.

General Building Specifications:

• Clear Height – 12’

• Warehouse Lighting – LED lighting

Warehouse HVAC: Warehouse area shall be climate-controlled. If space is not climate-controlled, please include Offerors method to equip the space with HVAC.

Security: Internet connection shall be provided to the Commission. Commission will install outside Security cameras above all doors.

Parking: • Exclusive Parking Spaces – five (5)

• Box trailers or occasional semi-trucks

Power: Three Phase/480 Volt/400 AMP services

Internet: 100 mbps (minimum) with an upload speed that is acceptable to fluently upload video from surveillance cameras.

Signage: Lessee will not require any exterior signage.

Loading: At least two (2) bay doors with dock-high loading or drive-in/grade access loading (preferred). Metal canopy over the loading docks.

Hours of Operation: 7 AM – 7 PM, 7 days a week Space to be available 24/7

Condition of the Premises:

The building shall meet building codes at the time of permit issued by local government.

SPACE SPECIFICATIONS

1. ENTIRE PREMISES (WAREHOUSE AND OFFICE)

A. WINDOW AND WINDOW COVERINGS: Commission would prefer not to have windows in the warehouse space. If windows are present, Lessor to install wood or metal to cover all windows in a secure fashion acceptable by the Commission.

B. DOOR LOCKS: Lessor shall provide deadbolts on all exterior doors. Lessor shall provide a secure access door between office portion and warehouse portion with the capability to lock.

C. SECURITY MONITORING SYSTEM: Lessor to install a fire alerting system if not already existing.

D. PAINT: All walls for both warehouse and office portion shall be painted and in good condition. If wall paint is not in good condition, Lessor will paint walls in a neutral color. Lessor to provide at least three (3) color samples for FGCC to choose from.

E. FURNITURE: The Commission shall utilize this space for storage. Lessor will not be required to provide any furniture.

2. WAREHOUSE PORTION

A. TEMPERATURE AND HUMIDITY CONTROL: Lessor shall maintain the warehouse environment at a temperature range of 76 – 80 degrees and a relative humidity level not exceeding 50% to ensure the proper storage conditions for equipment.

B. DOCKS: Warehouse area shall have direct access to the loading docks or be located on ground level.

C. ELECTRICAL REQUIREMENTS:

a. One (1) to four (4) outlet electrical socket evenly distributed every 15’ in the warehouse.

D. RESTROOMS (IF APPLICABLE, BUT NOT REQUIRED):

a. One (1) restroom in warehouse portion

b. Flooring – sealed concrete, tile, or linoleum

c. Lessor to install in restrooms and provide at their expense: 1) automatic soap dispenser; 2) toilet paper holder; 3) sink; and 4) mirror above sink

3. OFFICE PORTION (IF APPLICABLE, BUT NOT REQUIRED)

A. SIZE: Shall be no more than 10-15% of the total Premises

B. CEILING HEIGHT: Minimum of 8 feet

C. CLIMATE CONTROL: Suitable construction to allow for separate climate control from warehouse portion.

D. ELECTRICAL REQUIREMENTS: Lessor to provide two (1) data and one (1) phone line per office and three (3) to four

(4) outlets or four (4) electrical sockets per office.

E. FLOOR COVERING: Carpet tile, tile or linoleum throughout. Lessor to provide at least three (3) flooring samples for Commission to choose from. Tile preferred.

F. NETWORK/IT REQUIREMENTS: Lessor has no requirements to pre-wire for networking and phone capabilities.

Commission to provide and install data cabling at their own expense.

4. OCCUPANCY

The date of lease payment commencement shall be determined by the date a Certificate of Occupancy is issued and upon final acceptance by the State Fire Marshal. In addition, the following criteria must have been met:

A. Certification of Occupancy submitted to the Commission facility office in Tallahassee thirty (30) days prior to the lease start date.

B. All installations are operational and complete.

C. The Commission has signed a letter of acceptance. The Commission shall be allowed to move all equipment and furniture into the premises five (5) days prior to actual occupancy, at no charge to the Commission.

5. FIRE PREVENTION

Lessor shall conform to all requirements of the State Fire Marshal and shall obtain 50% completion inspection and final inspections by the State Fire Marshal as required by section 633.218, Florida Statutes. Fire and Life Safety equipment maintained by the Lessor and shall meet the state and local requirements for life safety.

Note: It shall be the Lessor’s responsibility to contact the Local Fire Protection Commission who shall perform subsequent inspections either annually or every two years thereafter as per Florida Statutes.

ATTACHMENT B

SAMPLE CONSTRUCTION PROJECT SCHEDULE

The Landlord agrees to manage the entire construction project or hire a project manager at Landlord’s sole cost and expense. Licensed contractors shall perform all construction. The Proposer/Lessor agrees to provide all builder and subcontractor license information upon request to the Department of Financial Services. The cost of construction, permits, inspections, and all fees associated shall be borne by the Proposer/Lessor. Commencing with the Architectural Engineering plans approval by the Department, the Proposer/Lessor shall provide detailed updated and current biweekly construction schedules to the Department in order to achieve the required occupancy date. A construction schedule will be required by the Department during the construction/renovation project.

ATTACHMENT C

C-1

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

ADDENDUM FOR PROPOSAL SUBMITTED BY LESSOR

PROPOSAL SUBMITTED

BY ___________

SHALL BE INCORPORATED UNDER ADDENDUM _____

TO LEASE 415:0019

Lease number, 415:0019, located at _________ shall incorporate the Invitation to Negotiate (ITN) solicitation document, the ITN Reply from ________ (“Lessor”), and the Best and Final Offer submitted by Lessor dated _________.

Upon receipt of a lease from the Florida Gaming Control Commission (Lessee), _______ shall have thirty (30) days to execute and return said lease, unchanged, to the Lessee.

If any conflicting terms are found between the documents that comprise the lease agreement between the Lessee and _______, the following order of precedence applies:

1. Lease Agreement

2. All attached Addenda

3. Lessor’s Best and Final Offer dated _____

4. Lessor’s ITN Reply, signed by _____

5. The Lessee’s ITN

C-2

C-3

C-4

C-5

ATTACHMENT D

DIVISION OF STATE FIRE MARSHAL

Plans Review Fees, Procedures and Requirements

The plans for all construction of any new state owned or state lease building and renovation or alteration of any existing state-owned or state leased building are subject to review and approval of the Division of State Fire Marshal for compliance with the Uniform Fire Safety Standards prior to commencement of construction or change of occupancy. The Division of State Fire Marshal may inspect state owned and state leased spaces as necessary prior to occupancy or during construction, renovation, or alteration to ascertain compliance with the uniform fire safety standards as per Florida Statutes 633.085 and 69A-52, Florida Administrative Code.

69A-3.009 (12), FAC, defines a state-owned building as:

(a) “State-owned building,” as used in Chapter 633, F.S., and any rule adopted by the State Fire Marshal, except as provided in paragraph (b) of this subsection, means any structure used or intended for supporting or sheltering any use or occupancy of which the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the record owner of the legal title to such structure.

(b) “State-owned building” does not mean or include a pole barn, a picnic shelter, a lift station, an animal pen, an animal feeder, a pump house, a one-family private residence, a two-family private residence, a forestry fire tower or other fire tower, a radio tower, a building no longer in use, an empty building, or a greenhouse.

DESIGN CRITERIA:

The Life Safety portion of the plans shall be designed in accordance with the National Fire Protection Association (NFPA) 101, Life Safety Code; NFPA 1, Fire Prevention Code; and adopted NFPA Standards. See Florida Administrative Code 69A-3.012 for the adopted edition of NFPA 101 & 1 and a list of adopted NFPA Standards.

(https://www.flrules.org/)

PLANS REVIEW FEES:

The fee for plans review is determined by multiplying the estimated construction/ renovation cost of the building, by the constant 0.0025. The minimum fee is $100.00. This does not include the cost of the land, site improvements, civil work or furniture & equipment.

Example: $1,000.000.00 Construction Cost x .0025 = 2,500.00 Fee

METHOD OF PAYMENT

After plans are received an invoice will be prepared and sent at which time payment can be made by personal check, money order or, if a state agency is paying, a FLAIR – Journal Transfer. Please make check or money order payable to the Department of Financial Services. Fill in the memo portion with “SFM Plans Review fee” and return payment with invoice.

WHAT TO SUBMIT

Plans and specifications are required to be signed and sealed in accordance with Florida Statute. Submit completed application form DFS-K3-1973 and two sets of plans and one set of specifications to:

If Sending by Regular Mail If Sending by Overnight Service Division of State Fire Marshal Division of State Fire Marshal Plans Review Section Plans Review Section 200 East Gaines Street 325 John Knox Road, Atrium Building Tallahassee, Florida 32399-0342 Tallahassee, Florida 32303

PLANS SUBMISSION:

The Division of State Fire Marshal will require the submitter to furnish two sets of plans and one set of specifications for review to the Plans Review Section. The submitter may, however, submit plans at an earlier stage, i.e., design review, in which case only one unsigned set needs to be submitted. Only one design review will be allowed per project. When the documents are approved for construction, the plans and specs will be stamped "APPROVED" and returned to the submitter. The stamped set of plans must be kept on the job site for the fire safety inspector's use at the time of inspection. It shall be the responsibility of the submitter to see that the "approved" set of plans is on the construction site before work begins and remains there until final inspection and approval has been issued. Plan approval is good for one year from the date of issue. The construction contract must be let within this period or the approval will expire and the plans must be re-submitted with another review fee.

• The editions of the pertinent codes that will apply to your project will be those that are adopted at the date of your first submittal, regardless of phase, i.e. 50% or final, and will not change even if a newer edition is adopted during the review process.

• Any change orders or redesign during construction that affect life safety shall be submitted for review with the State Fire Marshal’s file number indicated. There is no additional fee required for changes.

• The review process allows 30 calendar days for review of all state-owned property and 10 working days for review of state leased property.

• If there are any special circumstances or hazards that require further clarification, the reviewer will attempt to contact you; therefore, please include the name and telephone number of a contact person with your plan submission. Please remember that if you are called and asked for additional information or clarification, the reviewer needs this information in writing before he can approve the project. If the statutory time (10 working days on a lease or 30 calendar days on state owned) expires he must disapprove the project and a re-submittal process may add further delay to the project.

https://www.flrules.org/

PLAN INFORMATION

The following items are areas where we must have your assistance. Please ensure that all submittals address these necessary items where applicable and help us prevent lost time due to disapprovals based on lack of information.

• Renovation or Alteration - Any alteration or any installation of new equipment shall be installed under the requirement of new construction. The scope of work shall be identified clearly. Show the number of floors in the building and the location of the project under consideration in comparison to the entire floor and building.

• Equivalency Concepts - Any requirement of the code that a designer wishes to modify by alternative arrangements shall in no case afford less safety to life than the code presently requires. Any request to use equivalency concepts will only be considered when technical documentation is submitted.

• Classification of Occupancy - Plans shall indicate the type of occupancy based on N.F.P.A. 101, Chapter 6.

• Change of Occupancy - The designer shall identify the existing type of occupancy and clearly identify the new occupancy use and areas.

• Floor Area - The gross square footage of the building shall be indicated on the plans. All assembly rooms shall indicate the net floor area.

• High Hazard Area - Any areas of a building, structure, or parts thereof, containing highly combustible, flammable, explosive products or materials which are likely to burn rapidly shall be identified on the submittal. The designer shall identify amounts and types of hazardous materials used throughout the facility.

• Means of Egress - All three components of the means of egress (exit access, exit and exit discharge) shall be clearly identified. Travel distance to exits shall be detailed.

• Occupant Load - The occupant load for each floor and calculations showing how the load was obtained shall be shown. All assembly rooms, spaces, or areas shall be identified and calculated with calculations shown on plans.

• Construction Type - The type of construction shall be identified as per N.F.P.A. 220.

• Atrium - Any building in which the designer has incorporated an atrium shall have the atrium area clearly defined on the contract document. Atrium shall be in accordance with NFPA 101, 8.2.5.6.

• Penetration of Smoke or Fire Barriers - Passage of pipes, conduits, bus ducts, cables, wires, air ducts, pneumatic ducts and similar service equipment through smoke and/or fire barriers shall be detailed on the contract documents.

• Fire Detection, Alarm and Communication Systems - All existing or new systems shall be clearly identified on the plans. The type of system & appropriate N.F.P.A.

standard used for the design and installation shall be indicated on the plans and signed and sealed by the Engineer of Record.

• Automatic Sprinkler System, Standpipes and Fire Pumps - All existing or new systems shall be clearly identified on the plans. The type of system and appropriate

N.F.P.A. standard, which was used for the design and installation, shall be indicated on the plans and signed and sealed by the Engineer of Record. Hydraulic calculations, also signed and sealed by the Engineer of Record, shall accompany the plans where applicable.

• Correction Facilities - The use condition of the area shall be clearly indicated as per NFPA 101, Chapter 22.

• Lease Spaces - If the leased space is on a floor located above the level of exit discharge (LED) a plan of the LED is required to be submitted to ensure proper exiting from the building.

• The plan shall have the correct name of the facility: Building Number, Office/Complex Name, Street Address, and City, County, and Zip Code, and any assigned lease number noted on the document.

• Include site plan to scale showing project, distances to nearby buildings, fences, parking, and location of hazardous features such as fuel storage or incinerators, and fire lanes if required by NFPA 1.

• Include floor plan(s) drawn to scale showing walls and partitions, openings, door swings, built-in features, changes in elevation such as steps or ramps, dimensions, and notes to indicate what is shown and the use (room name) of each space.

• Schedules for doors, windows and hardware.

• Drawings of HVAC systems.

• Show the following on plans, if applicable: exit markings, emergency lighting (type and location), fire extinguisher(s) (type and location), nationally tested wall assembly details for rated walls, stair and handrail details, interior finishes and their flame spread ratings.

• Show any special fire extinguishing systems such as dry chemical hood syst

CONSTRUCTION INSPECTIONS

The review fee will cover plans review and up to three (3) construction site inspections. (1) an underground fire main inspection (if applicable); (2) an intermediate inspection at approximately 65% completion (before covering walls and ceilings); (3) and a final inspection prior to occupancy. The intermediate (65%) inspection is optional at our discretion, and depends upon the size and complexity of the construction project. The purpose of construction site inspections is to ensure that the project is in fact constructed in accordance with the approved construction documents.

Any re-inspection required as a result of deficiencies found during the final occupancy inspection shall result in additional fees billed to the Contractor for re-inspection at a rate of $65.00 per hour, per Inspector, portal to portal, plus expenses. With this in mind, the contractor should have completed his own systems testing and inspection punch list and made the corrections necessary in order to eliminate re-inspections as much as possible.

HOW TO REQUEST AN INSPECTION

The following inspections must be considered:

1. Underground: REQUIRED if an underground fire main is installed. This inspection must be performed before cover-up.

2. Intermediate: REQUIRED if so indicated on the approval letter, or required by the SFM inspector during the initial on-site meeting.

3. Final: REQUIRED.

The construction documents must be approved prior to commencing construction of the project. Any request for the use of an alternative system, or change made to the approved plans must be approved by the Plans Review Section prior to its installation. Throughout the various construction phases, ALL requests for inspection shall be made at least five (5) working days in advance using the enclosed DFS Form DI4-1528.

The request may be forwarded by mail or facsimile to the Plans Review Section (see form for fax # and address).

The Plans Review Section will route the request to the appropriate field office where the local field inspector will then contact the requestor to make final arrangements for the inspection.

This request form has to be completed in its entirety, otherwise, the request for inspection will not be granted. Additionally, if the plans are found to be disapproved or rejected by this office, the inspection will not be performed and a stop work order may be issued until the plans are submitted, approved, and the plans review fee is paid in full. Should you have any questions, please notify the Plans Review Section (850) 413-3733 prior to mailing this request form.

Should the project not pass inspection due to various deficiencies, a re-inspection within 30 days should be scheduled with the Inspector at that time. If the corrections cannot be made within that required time frame, it is the responsibility of the agency or requesting party to complete the attached inspection request form (DI4-1528) and submit it to Plans Review Section in Tallahassee, noting the date in which the project will be ready for re-inspection in order for him to reschedule the site for a re-inspection.

The following checklists have been provided for your use in preparing plans that contain sprinkler and fire alarm systems.

FIRE ALARM CHECKLIST

1. The fire alarm contractor shall be licensed for the scope of work submitted.

2. Provide contractor’s names, address, phone and license number

3. Provide job site address, occupancy type, design criteria (NFPA standard)

4. General description of how the system will operate. What will activate the system; will it go into general alarm or ring by zone; will it annunciate; will it be monitored by a central station; will the air handling system be shut down, elevator recall, etc.

5. Itemized list of equipment to be used showing quantity, manufacturer, model number, type of device, and CFM number.

6. Calculations to be complete. Indicate all electric current required in supervision & alarm conditions. Provide calculations on battery manufacturer’s standard form.

7. Denote capacity of battery, and confirm adequate size when operating under the full-calculated load.

8. Voltage drop calculations showing that voltage drop does not exceed 5% drop.

9. Cut sheets for each type of device being installed.

10. Drawing showing location of devices, wire runs, number of conductors, zones, end-of-line resistors, and typical wiring method used on the devices.

11. If fire alarm work is resultant from an inspection (State Fire Marshal, fire department, etc.) provide copy of report.

12. Submittal must be complete. Examples: Candela ratings of strobes shall be identified. Ceiling heights shall be indicated when ceiling mounted strobes are used.

Reflected ceilings are to be clearly denoted. Include light fixture types/locations, HVAC opening types/locations, and all architectural features (joist, beams, coffers, furrs, etc.,) extending more than 4 inches from the ceiling plane. Rooms, spaces & areas shall be identified.

13. Differentiate between all existing/proposed components. If system or portion is existing, indicate date of existing system installation, or date of prior substantial system renovation.

SPRINKLER SYSTEM CHECKLIST

1. Occupancy class of each area or room identified.

2. All sprinklers identified by make, type, orifice size, temperature rating, thermal sensitivity, including all existing heads affecting the scope of work.

3. For large storage areas, provide storage height, method of storage, description of commodities, etc. If project is specialized storage design (NFPA 231, 231C, etc.) provide complete design statement denoting methodology for arriving at project area/densities.

4. All piping identified by size, type, inside diameter, and schedule, including all existing piping affecting the scope of work.

5. All ceiling information: heights, types, architectural profiles (vaults, coffers, furrs, etc.), construction assembly (combustible ceiling or framing? significant combustibles in ceiling cavity, etc.)

6. Sprinkler obstructions denoted (suspended light fixtures, dust work, architectural items, etc.)

7. H.V.A.C. openings shown

8. Method of maintaining sprinkler system at or above 40 degrees F identified. Describe all unheated areas and explain methodology of all types, sizes, locations, etc. of freeze protection devices.

9. Graphically highlight each hydraulic area, title each area on the plans, with matching title on each calculation set.

10. Location and rating of firewalls, unprotected vertical openings, and other assemblies affecting sprinkler design.

11. Size of city main at street, denoting dead end or circulating (or denote private supply)

12. Total area protected by each system on each floor.

13. Location, type, and listing of hangers.

14. Underground pipe size, length, location, type, point of connection to city main, bury depth, thrust blocks, and all appurtenances (valve types, water meters, valve pits, backflow preventers, etc.)

15. All hydraulic name plate information.

16. Setting for pressure reducing valve denoted.

HYDRAULIC CALCULATIONS FOR SPRINKLER SYSTEMS

1. Verify the water supply, test location, date (must be 12 months current) peak demand time (or calculated adjustment), and account for test elevation at calculations.

2. Verify hazard classification (light, ordinary, special occupancy, etc.).

3. Verify the design criteria (density/sq. ft. over the hydraulic design area).

4. Verify the location of the area calculated (most hydraulically demanding is not always the most physically remote)

5. Verify the dimensions of the area calculated (design area shall not extend beyond designated area served by each sprinkler).