AMENDMENT 1. State of Florida Office of the Attorney General INVITATION TO NEGOTIATE (ITN) 14/15-5 LEASED SPACE IN MIAMI

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1 AMENDMENT 1 State of Florida Office of the Attorney General INVITATION TO NEGOTIATE (ITN) 14/15-5 LEASED SPACE IN MIAMI The Department hereby formally provides written responses to questions received and formally amends the solicitation as follows: Page 5 of 63 is replaced with: REVISED Page 5 of 63 Page 16 of 63 is replaced with: REVISED Page 16 of 63 All amendment(s) to the solicitation are highlighted in yellow with a vertical line on the right margin. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN S (3) OF THE FLORIDA STATUES, OR FAILURE TO FILE A BOND OR OTHER SECURITY WITHIN THE TIME ALLOWED FOR FILING A BOND, SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120 OF THE FLORIDA STATUTES.

2 Questions and Answers for ITN OAG 14/15-5 Miami Leased Space No. Bidder Questions Answers to Bidder Questions 1 Is Vertical Integration (Broker) and the State of Florida (tenant) broker friendly? In the event that the prosper is a real estate company, will tenant broker Michael Griffin split commission? Page 62 Agreement to Pay Commission/Representation of Tenant. 2 Is the Vendor the Proposer? Pg 2. The Proposer shall mean the individual submitting a Reply to this Invitation to Negotiate, such person being the owner of the proposed facility or an individual duly authorized to bind the owner of the facility. The term Reply or Replies shall be the Proposer s response to the Invitation to Negotiate. The term State shall mean the State of Florida and its Agencies. The successful Proposer shall become the Lessor. By submitting a Reply, Proposers agree to be bound to all of the terms and conditions as a Lessor, if they are awarded the contract. 3 What can be classified as an expense during a test fit Pg 6 Prior to final negotiation and selection of a Reply or Replies, a test fit of the Proposed Space relative to the need may be required, the expense of which shall be borne by the Proposer. 4 5 Are there specific items/furniture/fixtures that the tenant will be supplying that owner should be aware of? With regards to this ITN, we wanted to present Airport Financial Center which is located at 700 S. Royal Poinciana Blvd, Miami Springs which is just north of NW 36th Street. Can you please confirm that the property s location is acceptable? Vertical Integration is the sole and exclusive tenant representative for the Office of the Attorney General. The total commission due to Vertical Integration is outlined in the Commission Agreement (Attachment G). Any other commission that may be due to any other broker is the sole responsibility of the Proposer. The Proposer is the entity or person with authorized control of the property and proposed premises. The expense of the test fit is associated with the Proposer s cost to prepare the test fit (floor plan) with its architect. Attachment A in the ITN outlines the build out specifications. The Proposer should be also familiar though with all requirements in the ITN. Please confirm that your address is within the boundaries shown on the boundary map located on Page 8 of the ITN. Amendment 1

3 6 7 8 Is our listing agreement sufficient to prove authorization to submit our proposal or do you require an actual Power of Attorney? Question as it relates to Section V. Criteria Matrix: How are the criteria answers determined? Is it by a committee and if so, who comprises that committee? Question as it relates to Criterion #3: If Proposer offers mix of exclusive and non-exclusive parking, how will points be awarded? Please refer to the revised Page 5 attached below. Revisions to this page are highlighted in yellow. The points associated with each criteria is determined by the Agency s evaluators. The evaluators are comprised of Agency staff. Points will be awarded on a pro-rata basis based on the numbers of parking spaces provided under each subsection A through E. 9 Question as it relates to Crime Reports: Given that the boundaries of this ITN include dense urban core areas, a 3-mile radius crime report will be lengthy. What is the minimum acceptable radius? 10 As it relates to Criterion #8: Why does the Agency prefer ground floor space, single story building when it currently resides in a multi-story building? 11 I wanted to make sure I'm eligible to bid on this being as though I hold a Real Estate License and am not a Public Attorney. Can you please confirm thank you. 12 At this time we wanted to know if useable contiguous space included space on different floors. In other words, if we could give the Department 2 to 3 full floors, would that fit their definition of contiguous? One (1) mile radius from the proposed facility is also acceptable. Please refer to the revised Page 16 attached below. Revisions to this page are highlighted in yellow. Yes as long as the Proposer meets the criteria outlined under ITN Section III (1). Yes as long as the floors are adjacent to one another. Amendment 1

4 G. SPECIAL ACCOMMODATION Any person requiring a special accommodation at the Department of Legal Affairs because of a disability should notify the Tenant Broker Contact at least five (5) business days prior to the scheduled event. If you are hearing or speech impaired, please use the Florida Relay Service at (800) (TDD). III. ITN REPLY WRITING GUIDELINES; TERMS OF THE REPLY A. REQUIREMENTS AND ORGANIZATION OF THE REPLY This ITN is organized to allow the incorporation of some or all of your responses on this form. In the event that 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. Each Reply should follow the same general order of contents, described as follows: 1. Replies must completely and accurately respond to all requested information, including the following: a. Control of Property For a Reply to be responsive, it must be submitted by one of the entities listed below, and the proposal must include supporting documentation proving such status. The Proposer must submit documentation which demonstrates control of (1) the building or structure, (2) the proposed parking areas, and (3) areas of ingress and egress (if applicable). The owner of record of the facility 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 underlying lease requirements, to include, but not limited to 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. NOTE: This is the preferred method. 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 proposer 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 an option to lease the facility with authorization to, in turn, sublease. Any lease must encompass the entire time period of the basic lease and any renewal option periods as required by the state. A copy of the lease agreement between the owner and the Lessee must be provided to the Department at the time of submitting the Reply. 2. Proposer shall provide a written statement answering the following: Is there outstanding debt on the property? If so, provide written verification from the lender stating that all debt service payments, loan payments, etc., are current and not in default. Has the Proposer had a contract terminated for REVISED Page 5 of 63

5 and visible evidence that the properties or buildings are in violation of any law, ordinance, rule or regulation, and any enforcement proceedings relating thereto, or are being used for any unlawful purpose. Maximum points: 5 Criterion 6: Security issues posed by the building, associated parking and surrounding neighborhood, as evidenced by police reports, quality of exterior lighting and obstructed entrances/exits. Each question below will receive 3 points if the answer is yes or 0 points if the answer is no. A. Are there perimeter controls such as security guards that restricts access to the building? B. Are the parking lots well marked and well lit at night? C. Are the sidewalks and walk ways un-enshrouded by over growth and easily seen and are there no hidden alley ways, access routes or hiding places? D. Are there amenities present (lighting, patrolled hallways and parking areas, escorted ingress/egress, etc.) that aid after hour access and operation? E. Do the police reports indicate that the Proposed Space is Located in a relatively safe neighborhood? Maximum points: 15 Criterion 7: The extent to which the offered space is designed for efficient layout and good utilization of space and energy Each question below will receive 1 point if the answer is yes or 0 points if the answer is no. A. Is the offered space in a square shaped building and not a building that is in the shape of a rectangular or any other shape? B. Is the present configuration of the offered space in an open plan that requires a lower tenant improvement cost? Maximum points: 2 Criterion 8: The contiguity of the offered space (providing the aggregate square footage in a single building on a single floor is preferred): A: Aggregate space in a single building on a single floor. 10 pts B: Aggregate space in a single building, on two or more floors or upper floor 5 pts C: Aggregate space in two buildings, connected by sidewalks/overhangs, on a single floor 2 pts D. Aggregate space in two buildings, connected by sidewalks/overhangs, on two or more floors 1 pt E. Aggregate space in two buildings, not connected by sidewalks/overhangs or aggregate space in three or more buildings Criterion 9: Building BOMA Rating (at time of submittal): 0 pts Maximum points: 10 Class A- A Building = 4 pts Class B- B Building = 3 pts Class C - C Building = 1 pt Class D - D Building = 0 pts Maximum points: 4 REVISED Page 16 of 63