ITN-DEM-22-23-044 Leased Space - Polk County.pdf

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

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

INVITATION TO NEGOTIATE (ITN) FOR LEASED SPACE

Number: 310:0065– 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

Attachments

ITN 310:0065 Florida Division of Emergency Management – Submittal Cover Page

Three (3) Year Base Term with One Three (3) Year Renewal Option Term

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.

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:

Address of Proposed Space:

Street

City

State

Zip

Usable Square Feet in Proposed Space: __________________________________

Requested Parking: 85 parking spaces and 2 trailer parking spaces per 10,000 SF (approximately 40 spaces)

Exclusive Parking: Non-Exclusive Parking:

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

3 Year Base Term Rate Per Square Foot Total Annual Rental

Year 1 $ $ Year 2 $ $ Year 3 $ $

Renewal Option Term Rate Per Square Foot Total Annual Rental Year 1 $ $ Year 2 $ $ Year 3 $ $

I. INTRODUCTION AND OVERVIEW

The Division of Emergency Management (hereinafter referred to as the “Agency”), requests your participation in a space search in Polk County, Florida [see detailed boundaries listed below]. The Agency is seeking detailed and competitive proposals to provide warehouse/office space and related infrastructure (“Proposed Space”) for occupancy by the Agency. As relates to any space that is required to be built-out for the Agency 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 2.0 miles of Interstate 4

The Agency has authorized Savills Occupier Services, Inc. to be its exclusive representative during this solicitation for space.

Jerry Thornbury and Brittany Ward – TENANT BROKER

Inquiries and comments about this ITN should be directed to:

Name: Jerry Thornbury or Brittany Ward

Company: Savills Occupier Services, Inc.

Address: 1150 Assembly Drive, Suite 310

City/State/Zip: Tampa, FL 33607

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

II. 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 310:0065” clearly marked on outside sealed envelope or box.

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

Florida Division of Emergency Management 2555 Shumard Oak Boulevard

Tallahassee, FL 32399

Note: Replies which are late, unsealed, missing, emailed, or faxed and Replies which are deemed by the Agency (in the Agency’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 Agency) will be posted on the Vender Information Portal (VIP) website:

https://vendor.myfloridamarketplace.com/.

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

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 Agency. Such changes will be posted on the VIP website- https://vendor.myfloridamarketplace.com/. All times for this solicitation are Eastern Time.

Date ** Time Schedule of Events**

6/26/2023 10:00 AM Date on which the ITN is advertised on the Vendor Information Portal 7/5/2023 5:00 PM Deadline for submitting questions, in writing, relating to this ITN

No further questions accepted after this date and time 7/7/2023 5:00 PM Anticipated date responses to written questions received relating to this ITN will be posted on the Vendor Information Portal 7/26/2023 5:00 PM Deadline for Receipt of Replies

LATE REPLIES WILL NOT BE CONSIDERED

7/27/2023 9:00 AM *Public Opening of Replies

Division of Emergency Management Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399

7/28/2023- 8/4/2023 Time period for evaluation of Replies / Site Evaluations

8/7/2023- 8/24/2023

Estimated time period for negotiations

8/28/2023 Estimated Notice of Intent to Award posted on Vendor Information Portal 1/1/2024 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/

III. 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:

1. Control of Property – The Reply must be submitted by one of the entities listed below, and the Reply 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.

2. 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.

Test Fit – 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 will be borne by the Offeror. This is not a requirement to be provided with the initial 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 Agency.

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

IV. LEASE TERMS AND CONDITIONS

Responses to all 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 Agency, I acknowledge and agree to abide to all requirements and conditions contained therein.

1. Description and Measurement of Proposed Space

The Agency is seeking between ___180,000___ and ___200,000___ usable square feet of contiguous space. Type of space required is climate-controlled warehouse/storage/office space and related infrastructure. Space use is for Division of Emergency Management emergency response.

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 Agency 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 Agency 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 January 1, 2024 (“Commencement Date”), 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 Agency’s discretion for liquidated damages in the amount of $3,900.86 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 Agency are provided with an official and permanent Certificate of Occupancy, an approved State Fire Marshal Final Inspection and the Agency 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 Agency 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 three (3) 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 one (1), three (3) year renewal option.

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

Yes No

4. Industrial Gross Rental Rate The Offeror shall provide the Agency with an industrial gross lease structure. Therefore, the lease rate must include base rent, taxes, all operating expenses (including, but not limited to, insurance, interior and exterior maintenance, pest control, recycling services, garbage disposal, security system installation and maintenance, and any amortization of required tenant improvements/ turn-key build out to the Proposed Space).

The Agency shall be responsible for electric, utilities, and janitorial.

There shall be no pass through of additional expenses. The proposed Industrial Gross 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 negotiable.

Yes No

Offeror acknowledges and agrees that the Proposed Space will be an Industrial Gross lease.

5. Parking

Adequate parking for State employees and visitors is mandatory. The Agency is seeking at least eighty-five

(85) parking spaces and two (2) trailer parking spaces per 10,000 SF (approximately 40 trailer spaces) and the Lessor shall also provide the number of ADA parking spaces 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 Agency.

Yes No

6. Turn-key Build Out The Agency 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 Agency’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 Agency.

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 Attachment G, Commission 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: Agency Specifications – provides specific detail as to the Agency 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 (EVerify)

- C-3 Terms and Conditions

- C-4 Air Quality

- C-5 Liquidated Damages

- C-6 Disclosure Statement of Ownership

Attachment D: State Fire Marshal Plans Review & Procedure – this Attachment provides general directives with regards to the Offeror’s compliance with the requirements of the State Fire Marshal.

Attachment E: Energy Performance Analysis (EPA) – 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/storage/office space for use in emergency response by the Division of Emergency Management.

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 Agency reserves the right to negotiate with all or none of the Offerors in its sole discretion. Please note that the Agency has the right, at any time during the process, to reject any and all Replies that are not, in the Agency’s sole discretion, in the best interests of the State. The Agency 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 Agency 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 Agency.

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 Agency 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

V. REPLY EVALUATION & NEGOTIATION PROCESS AND PROPOSAL EVALUATION CRITERIA

Reply Evaluation and Negotiation Process: Using the evaluation criteria specified below, the Agency shall evaluate and rank Replies and, at the Agency’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 Agency/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 Agency/Tenant Broker 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 Agency/Tenant Broker retains the discretion to negotiate with other qualified Offerors, as deemed appropriate.

• Before award, the Agency 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 Agency 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, an 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 Agency/Tenant Broker reserves the right to negotiate different terms and related price adjustments if the Agency determines that it is in the State’s best interest to do so.

• The Agency reserves the right to reject any and all Replies, if the Agency determines such action is in the best interest of the State or Agency. The Agency/Tenant Broker reserves the right to negotiate concurrently or separately with competing Offerors. The Agency 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 by the Division of Emergency Management evaluators 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 5.25% Maximum points: 20

Rental rates for renewal terms of lease. Proposed renewal rates are within projected budgetary restraint of the Agency. 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 Agency’s clients and for its operations.

Maximum points: 18

Present condition of the 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.

Maximum points: 15

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: 15

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

Maximum points: 12

VI. 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

AGENCY SPECIFICATIONS

Please see below for the Agency’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 Agency 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. It shall be the Offeror’s responsibility to identify if their ITN Reply deviates from any of the below requirements.

Premises: The Premises shall be 180,000 – 200,000 square feet.

General Building Specifications:

• Building Construction Type – Concrete Tilt-wall

• Clear Height – 36’

• Column Spacing - 54’W X 50’ D with 60’ Speed Bay

• Truck Court Dimensions – 130’ deep plus 55’ trailer drops

• Slab Thickness – 7”

• Fire Protection – ESFR

• Warehouse Ventilation – Designed to meet code via exhaust fans and louvers

• Warehouse Lighting – LED lighting

Warehouse HVAC: Warehouse area shall have equipment to maintain approximately 78-degree temperature average.

Security /Fencing: Secure fencing surrounding outdoor storage area.

Parking: • Trailer Parking – two (2) per 10,000 SF (approximately 40)

• Parking Spaces – eighty-five (85)

Power: • Three Phase/480 Volt/400 AMP services

• Full backup power generator preferred; emergency power generator as a minimum; automatic transferring switch

Signage: Lessee shall have the right to install prominent exterior Building Signage.

Location: • Building to be located within the boundaries shown on page 3 of ITN

• Proximity to Major Highways – the building shall be located within 2 miles of Interstate 4

Loading: At least twenty-Five (25) 9’x10’ dock high doors and at least two (2) 12’x14’ ramped door.

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: Windows shall be stationary or non-opening, rated for at least a Category 3 storm, whether by shutters or storm glass/film. Lessor to install blinds on all windows.

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 allow for a local vendor to install a security monitoring system and fire alerting system if not already existing. DEM shall be responsible for installation at their own cost.

D. PAINT: All walls for both warehouse and office portion shall be painted a neutral color. Lessor to provide at least three (3) color samples for DEM to choose from.

E. LIGHTING: All lighting shall be LED lighting.

F. FURNITURE: DEM shall provide their own office furniture at their own cost.

G. Lessor shall provide outside hose bib access.

H. Lessor shall provide warehouse ceiling circulation fans.

2. WAREHOUSE PORTION

A. AIR CONDITIONED: Warehouse area shall have equipment to maintain approximately 78-degree temperature average.

B. DOCKS: Warehouse area shall have direct access to the loading docks.

C. ELECTRICAL REQUIREMENTS:

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

b. One (1) circuit per 5,000 to 10,000 square feet (approximately 30-40 circuits).

D. RESTROOMS:

a. Two (2) restrooms 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

A. SIZE: Approximately 3,000-7,000 square feet

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 (2) 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 DEM to choose from. Tile preferred.

F. NETWORK/IT REQUIREMENTS: Lessor to pre-wire for networking and phone capabilities. DEM to provide and install data cabling at their own expense.

G. ROOM TYPES AND SPECIFICATIONS:

a. Offices: six (6) offices of approximately 200 square feet each

b. Open area to accommodate thirty (30) workstations at 60 square feet each

c. Restrooms: two (2) restrooms – one (1) ADA compliant restroom in reception area and one (1) employee restroom

d. Conference Room: one (1) conference room of approximately 400 square feet to accommodate 8-12 people

e. Pantry/Break Room: break room of 750 square feet with tables to accommodate seating for 50 people.

Lessor to provide sink, counter space, and upper and lower cabinets. Lessor to install outlets to support refrigerator, ice maker, microwave, and coffee machine.

f. LAN/IT Room: minimum of eight (8) four-outlet receptacles on two dedicated circuits and locking door. Non-static flooring.

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 Agency facility office in Tallahassee thirty (30) days prior to the lease start date.

B. All installations are operational and complete.

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

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 Agency 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 Division of Emergency Management. 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 Agency, the Proposer/Lessor shall provide detailed updated and current biweekly construction schedules to the Agency in order to achieve the required occupancy date. A construction schedule will be required by the Agency 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 310:0065

Lease number, 310:0065, 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 Division of Emergency Management (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

Florida Division of Emergency Management Purchase Order Terms and Conditions

Updated 03/2023

Thank you for doing business with the State of Florida, Division of Emergency Management (“Division”). These Purchase Order Terms and Conditions take precedence over any other terms to the extent the two may conflict.

These terms apply between the Division and the entity doing business with the Division (“Contractor”).

1. Invoicing Process:

The Division has implemented a new invoice processing system to improve efficiency and will no longer be accepting invoices electronically via email to Invoice@em.myflorida.com or by mail. In order to expedite processing your invoice(s), please register and utilize our web based application at the following link: https://www.fdemportal.com/vendors.

If you are already registered, please use this link to submit your invoices. Vendors are required to submit invoices and supporting documentation within 90 days after services are rendered or goods received.

2. The Contractor expressly acknowledges that the State of Florida and the Division do not waive sovereign immunity and do not agree to indemnify the Contractor for anything arising out of or relating to this purchase order.

3. State of Florida, PUR 1000, General Contract Conditions (PUR 1000) are incorporated by reference into this purchase order. The Purchase Order Terms and Conditions shall control in the event of a conflict.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions .pdf

4. MyFloridaMarketPlace (MFMP) Purchase Order Terms & Conditions (Effective September 1, 2015) are incorporated by reference into the Purchase Order. The Purchase Order Terms and Conditions shall control in the event of a conflict.

https://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_201 5_.pdf

5. TERMINATION FOR CONVENIENCE. THE PURCHASE ORDER MAY BE TERMINATED BY THE

DIVISION IN WHOLE OR PART AT ANY TIME IN THE BEST INTEREST OF THE AGENCY. IF THE

PURCHASE ORDER IS FOR GOODS AND IS TERMINATED AFTER PERFORMANCE HAS BEGUN

BUT BEFORE PERFORMANCE HAS BEEN COMPLETED, THE CONTRACTOR SHALL BE PAID ONLY

FOR THAT WORK SATISFACTORILY PERFORMED FOR WHICH COSTS CAN BE SUBSTANTIATED.

SUCH PAYMENT, HOWEVER, MAY NOT EXCEED AN AMOUNT WHICH IS THE SAME PERCENTAGE

OF THE PURCHASE ORDER PRICE AS THE AMOUNT OF WORK SATISFACTORILY PERFORMED.

ALL WORK IN PROGRESS SHALL BECOME THE PROPERTY OF THE DIVISION AND SHALL BE

TURNED OVER PROMPTLY BY THE CONTRACTOR.

6. TERMINATION FOR CAUSE. IF THE DIVISION DETERMINES THAT THE PERFORMANCE OF THE

CONTRACTOR IS NOT SATISFACTORY, THE AGENCY SHALL HAVE THE OPTION OF (A)

IMMEDIATELY TERMINATING THE PURCHASE ORDER, OR (B) NOTIFYING THE CONTRACTOR OF

mailto:Invoice@em.myflorida.com https://www.fdemportal.com/vendors https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf https://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf

THE DEFICIENCY WITH A REQUIREMENT THAT THE DEFICIENCY BE CORRECTED WITHIN A

SPECIFIED TIME, OTHERWISE THE PURCHASE ORDER WILL BE TERMINATED AT THE END OF

SUCH TIME, OR (C) TAKE OTHER ACTION DEEMED APPROPRIATE BY THE DIVISION.

7. Price quote provided by Contractor and approved by Division and attached to this purchase order is a “not-to-exceed amount.” Any changes in price, quantity, quality, or type of the goods identified or change in the period of performance specified in the Contractor’s quote must be approved by Division in writing beforehand.

8. Any subsequent material changes in Contractor’s quote, proposal, scope of work, or deliverables previously approved by the Division and attached to the initial purchase order, whether those subsequent changes affect the amount authorized in the purchase order, must be approved by Division in writing beforehand and must be memorialized through a change order appended to the initial purchase order. It is the Contractor’s responsibility to request approval of a change order should the Contractor’s deliverables subsequently change materially from the deliverables approved in the initial purchase order or any subsequent change order(s) approved by the Division.

9. Scrutinized Companies & Termination by the Customer: The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

10. This Contractor certifies it has been verified against the Federal Excluded Parties List System and does not appear to be disbarred or excluded from receiving Federal contracts. All Contractors must E-Verify the employment status of their employees and subcontractors to the extent permitted by federal law and regulation. E-Verify is available at:

https://sam.gov/content/exclusions

11. The Purchase Order Terms and Conditions shall take precedence over any inconsistent or conflicting provision in the Contractor’s contract terms, including, but not limited to venue, choice of law, termination, and any additional terms and conditions that may be referenced in the Contractor’s quote, purchase order, or any other document..

12. A separate Damages and Return of Funds Addendum may be executed and incorporated into the Purchase Order.

13. The Purchase Order and all attachments thereto are governed by and construed in accordance with the laws of the State of Florida without regard to choice of law principles. The parties irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the state and federal courts in Tallahassee, Florida, and agree not to pursue or bring any action or proceeding in any other court. The parties agree that this Purchase Order, including the exhibits, constitutes the entire agreement of the parties and supersedes all prior discussions and negotiations and written agreements. This purchase order may not be modified or amended except by written instruction signed by all the parties. THE PARTIES HEREBY

IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO JURY TRIAL RELATING TO OR

ARISING FROM THIS AGREEMENT.

14. W-9 Submittal: To receive payment from the State of Florida and to continue to do business with the State of Florida, vendors are required to submit a Form W-9 on the State's Vendor Website at https://sam.gov/content/exclusions https://flvendor.myfloridacfo.com/. Vendors are required to have a valid W-9 on file with the Vendor Management Section within 14 business days after receiving a Purchase Order from the Division of Emergency Management. Contact the Vendor Management Section at (850) 413-5519 if you have any questions regarding the Substitute Form W-9.

15. Section 287.058 (1), Florida Statutes, authorizes the use of a purchase order for contractual services if the provisions of paragraphs (a)-(i) are included in the purchase order or solicitation. The purchase order must include an adequate description of the services, the contract period, and the method of payment. In lieu of printing the provisions of paragraphs (a)-(i) in the purchase order, The Division has incorporated the requirements of paragraphs (a)-(i) by reference herein.

16. All vendors supplying commodities or products to the Division shall include the following required information in writing with each delivery to the Division: (1) Vendor Name and Point of Contact with phone number; (2) Product Manufacturer; (3) Quantity of product delivered; and (4) Product type(s) and model number(s). This required information shall be clearly identified on a bill of lading, invoice, or packing slip accompanying each delivery, or this information shall be affixed to each package, pallet, or container of products delivered to the Division. FAILURE TO COMPLY WITH THIS PROVISION WILL RESULT IN THE

DELAY OF THE INSPECTION AND ACCEPTANCE OF COMMODITIES OR PRODUCTS DELIVERED.

17. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156,

Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399.

Federal Funding Terms and Conditions

If this Purchase Order contains the use of Federal Funding, the following provisions apply, and the Contractor must impose the same terms and conditions on all subcontracts where applicable, and as they may be amended:

Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards https://www.govinfo.gov/app/details/CFR-2017-title2-vol1/CFR-2017-title2-vol1-part200-appII

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all https://flvendor.myfloridacfo.com/ file://fleoc.org/Fiscal/Procurement%20PROTECTED/MFMP%20-%20ALL%20THINGS%20MFMP%20RELATED/Appendix%20II%20to%20Part%20200%20-%20Contract%20Provisions%20for%20Non-Federal%20Entity%20Contracts%20Under%20Federal%20Awards%20 https://www.govinfo.gov/app/details/CFR-2017-title2-vol1/CFR-2017-title2-vol1-part200-appII https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146…