Purchasing Services (305) 348-2161

FAX (305) 348-3600 April 2, 2010

ITN 90-006

Lease for Classroom and Office Space in Downtown or Brickell Area, Miami

ADDENDUM #4

Re: Revisions to ITN document issued on March 5, 2010 The University has made extensive revisions to the ITN document issued on March 5, 2010 (“Original ITN Document”), therefore a revised ITN document (“Revised ITN Document”) is attached and shall replace the Original ITN Document and Addenda #1-3. Vendors are required to submit this Addendum 4, signed, along with the Revised ITN Document, signed as well, and any subsequent Addenda with their proposals. Vendors do not need to include the Original ITN Document or Addenda #1 -3 in their proposals. For your convenience, the following sections in the Original ITN Document were materially revised.

• 1.1 Statement of Objective • 1.1.1 Scope of Work • 1.1.4 Evaluation Criteria

• Table A • 1.1.4.1 Economic Considerations

• 2.2 Calendar of Events • 3.1 Economic Considerations - This section was added in to cover the Economic Considerations

specifications and requirements and it includes the following new sections 3.1.1 Term/Rent, 3.1.2 Rental Concessions, 3.1.3 Tenant Allowance, 3.1.4 Expansion Rights, 3.1.5 Option to Renew, 3.1.6 Signage, 3.1.7 Brokerage. The numbering for all subsequent sections in 3.0 was adjusted due to the addition of this new section.

• 3.3.1 Base Building Drawing - This section was added in under section 3.3 so the numbering for all subsequent sections under section 3.3 was adjusted.

• 3.5 Condition of Premises – This section was added in under section 3.0 so the numbering for all subsequent sections under section 3.0 was adjusted.

• 3.6 Furniture – This section was section 3.4 in the Original ITN Document. The language has been revised to remove many of the requirements previously outlined.

• 3.7 Technological Requirements – This section was section 3.5 in the Original ITN Document. The language has been revised, changing the requirements.

• Section 3.7 in Original ITN Document - Availability of Space – This section has been deleted in the Revised ITN Document. The numbering for the subsequent section was adjusted.

• 5.3 Proposal Sections • Exhibits B and C were added to the Revised ITN Document and Exhibit B from the Original

ITN Document became Exhibit D in the Revised ITN Document. • Attachment A was revised.

VENDORS MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND SUBMITING THIS EXECUTED DOCUMENT WITH YOUR RESPONSE. FAILURE TO EXECUTE AND RETURN THIS ADDENDUM FORM WILL DISQUALIFY YOUR FIRMS’ RESPONSE. This Addendum shall become part of your firms’ competitive solicitation response and the subsequent contract documents if applicable. This addendum document must be attached to your Solicitation Response. Failure to execute this document and return of same with your firms’ competitive solicitation response will be grounds for immediate disqualification. Company Name _________________________________________________________ Address _________________________________________________________________ Telephone/Fax/Email________________________________________________________ Signature ________________________________________________________________ Form#PS008 CD04/03/07

Form: PS025 Create date: 11/15/2007 Revised Date: 02/13/2009

Florida International University Purchasing Services

Modesto A. Maidique Campus CSC – 410

Miami, Florida 33199 (305) 348- 2161

(305) 348-3600 Fax http://finance.fiu.edu/purchasing/

Competitive Solicitation Required Documents Checklist

NOTE: IT IS THE SOLE RESPONSIBILITY OF THE VENDOR TO INCLUDE ALL APPROPRIATE DOCUMENTS ALONG WITH THEIR RESPONSE. FAILURE TO SUBMIT ALL REQUIRED DOCUMENTS WILL RESULT IN SOLICITATION RESPONSE BEING DEEMED AS NON-RESPONSIVE. LISTED BELOW ARE THE MOST COMMON AREAS OF MISTAKES MADE BY VENDORS. PLEASE CHECK YOUR RESPONSE CLOSELY PRIOR TO SUBMITTAL BY UTILIZING THIS SELF-CHECKLIST FORM. Please check all that apply:

Completed and signed applicable competitive solicitation form: • Invitation to Negotiate (Form PS001C)

Check FIU Purchasing Website for Addenda(um) at http://finance.fiu.edu/purchasing/ prior to submission of Response

Sign and attach all Addenda(um), to your response, prior to submission of Response

Appendix I

Appendix II

Exhibit A

Attachment A – Rental Rate & Fees

Requested references

Statement of insurance capability from your insurance carrier on their letterhead or Certificate of Insurance

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SUBMIT TO: FLORIDA INTERNATIONAL UNIVERSITY

PURCHASING SERVICES CAMPUS SUPPORT COMPLEX – CSC 414

UNIVERSITY PARK MIAMI, FL 33199 (305) 348-2161

Web Address: http://finance.fiu.edu/purchasing/

INVITATION TO NEGOTIATE

PROPOSALS WILL BE OPENED: April 19, 2010 at 2:00 pm E.S.T. INVITATION TO NEGOTIATE NO. ITN90-006

TITLE: LEASE FOR CLASSROOM AND OFFICE SPACE IN DOWNTOWN OR BRICKELL AREA, MIAMI

Purchasing Agent: Kenia Duranona VENDOR NAME (Vendor also referred to as “Contractor” herein)

REASON FOR NOT SUBMITTING:

VENDOR MAILING ADDRESS

CERTIFIED OR CASHIER’S CHECK I S ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF $

CITY-STATE-ZIP web address / e-mail:_______________________

POSTING OF BID TABULATIONS Bid tabulations with recommended awards will be posted for review by interested parties at the Florida International University Bid Board and website- http://finance.fiu.edu/purchasing/ and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

AREA CODE TELEPHONE NUMBER TOLL-FREE NUMBER I certify that this proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal, including but not limited to, certification requirements. In submitting a proposal to an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign, or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer.

______________________________ AUTHORIZED SIGNATURE (MANUAL)

______________________________ AUTHORIZED SIGNATURE (TYPED) TITLE

GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this ACKNOWLEDGMENT form must be executed and submitted in a sealed envelope to University. (University also referred to as “Purchaser” herein). (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall contain, in addition to the above University address, the date and time of the proposal opening and the proposal number. Proposal prices not submitted on attached proposal price sheets when required shall be rejected. All proposals are subject to the conditions specified herein. Those proposals that do not comply with these conditions are subject to rejection. 1. PROPOSAL must contain a manual signature of authorized representative in the space provided above. Proposal must be typed or printed in ink. Use of erasable ink is not permitted. All corrections

made by proposer to his proposal price must be initialed. The company name and vendor number shall appear on each page of the bid as required. Complete ordering instructions must be submitted with the bid.

2. NO PROPOSAL SUBMITTED: If not submitting a proposal, respond by returning only this proposal acknowledgement form, marking it "NO PROPOSAL" and explain the reason in the space provided above. Failure to respond to a procurement solicitation without giving justifiable reason for such failure, non-conformance to contract conditions, or other pertinent factors deemed reasonable and valid shall be cause for removal of the supplier's name from the proposal mailing list. Note: To qualify as a respondent, proposer must submit a "NO PROPOSAL", and it must be received no later that the stated proposal opening date and hour.

3. PROPOSAL OPENING: NOTE: Proposal tabulations will be furnished upon written request with an enclosed, self-addressed, stamped envelope and payment of a predetermined fee. Proposal files may be examined during normal working hours by appointment. Proposal tabulations will not be provided by telephone.

4. MISTAKES: Proposers are expected to examine the conditions, scope of work, proposal prices, extensions and all instructions pertaining to the services involved. Failure to do so will be at proposer's risk. In case of mistake in extensions the unit price will govern.

5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, F.S. Proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the State of Florida or any of its agencies. Further, all proposers must disclose the name of any State employee who owns, directly or indirectly, an interest of five (5%) or more in the proposer’s firm or any of its branches.

6. AWARDS: As the best interest of the State may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. All awards made as a result of this proposal shall conform to applicable Florida Statutes.

7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this proposal prior to their delivery. It shall be the responsibility of the successful proposer to notify Florida International University at once, indicating in his letter the specific regulation that required an alteration. Florida International University reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the University.

8. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and Florida International University, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof.

9. ADVERTISING: In submitting a proposal, proposer agrees not to use the results therefrom as a part of any commercial advertising. 10. ASSIGNMENT: Any Purchase Order issued pursuant to this request for proposal and the monies which may become due hereunder are not assignable except with the prior written approval of the

purchaser. 11. LIABILITY: On any contract resulting from this proposal, the proposer shall hold and save Florida International University, its officers, agents and employees harmless against claims by third parties

resulting from the supplier's breach of this contract or the contractor's negligence. This requirement does not apply to contracts between governmental agencies. 12. CANCELLATION: The State shall have the right of unilateral cancellation for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions

of Chapter 119, F.S. and made or received by the contractor in conjunction with the contract. 13. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the purchaser and its employees from liability of any nature or kind, including cost and expenses for or

on account of any copyrighted, patented, or unpatented invention, process or article manufactured or supplied by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon Florida International University’s alteration of the article. The purchaser will provide prompt written notification of a claim of copyright or patent infringement and will afford the bidder full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the contractor may, at its option and expense procure for the purchaser the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the State agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

14. GENERAL DUTY CLAUSE: The University requires that each contractor/vendor/supplier comply with the occupational safety and health standards and all rules, regulations, and orders issued pursuant to the Occupational Safety and Health Act of 1970 while on University premises.

15. SMALL BUSINESS MINORITY ENTERPRISE (SBME) REPORTING: Vendors are encouraged to use the small, minority and disadvantaged business community and to have a business diversity program in place. Successful Vendor may be required to provide a report to FIU listing the small, minority and disadvantaged businesses used during the course of the contract.

FLORIDA INTERNATIONAL UNIVERSITY

INVITATION TO NEGOTIATE NUMBER: ITN 90-006

FOR

LEASE FOR CLASSROOM AND OFFICE SPACE IN DOWNTOWN OR BRICKELL AREA, MIAMI

 

Table of Contents  1.0 Introduction ..............................................................................................................................1 1.1 Statement of Objective ...............................................................................................................1 1.2 Contract Award ..........................................................................................................................3 2.0 Competitive Solicitation Process ............................................................................................4 2.1 Authorized FIU Representative/Public Notices/FIU Discretion ................................................4 2.2 Calendar of Events .....................................................................................................................5 2.3 Vendor Communications and/or Inquiries .................................................................................5 2.4 Pre-Proposal Conference and Site Visit .....................................................................................6 2.5 Written Addenda ........................................................................................................................6 2.6 Proposal Due Date .....................................................................................................................6 2.7 Proposal Opening Date ..............................................................................................................6 2.8 Evaluation Criteria and Selection Process .................................................................................7 2.9 Posting of Intent to Award .........................................................................................................8 2.10 Proposal Validity Period ..........................................................................................................8 2.11 Disposition of Proposals ..........................................................................................................8 2.12 Economy of Presentation .........................................................................................................8 2.13 Restricted Discussions/Submissions ........................................................................................9 2.14 Verbal Instructions Procedure ..................................................................................................9 3.0 Specifications for Classroom and Office Space .....................................................................9 3.1 Economic Considerations ..........................................................................................................9 3.2 Location ...................................................................................................................................10 3.3 Space Requirement ..................................................................................................................10 3.4 Net Square Footage Required ..................................................................................................11 3.5 Condition of Premises ..............................................................................................................12 3.6 Furniture ...................................................................................................................................12 3.7 Technological Requirements ...................................................................................................12 3.8 Additional Requirements .........................................................................................................13 3.9 Landlord Responsibility ...........................................................................................................13 4.0 General Conditions ................................................................................................................13 4.1 Assignment of Contract ...........................................................................................................13 4.2 Insurance Requirements ...........................................................................................................13 4.3 State Licensing Requirements ..................................................................................................14 4.4 Employment of FIU Personnel ................................................................................................14 4.5 Equal Opportunity Statement ...................................................................................................15 4.6 Waiver of Rights and Breaches ................................................................................................15 4.7 Employee Involvement/Covenant Against Contingent Fees ...................................................15 4.8 Travel Expense .........................................................................................................................16 4.9 Taxes ........................................................................................................................................16 4.10 Indemnification ......................................................................................................................16 5.0 Proposal Format.....................................................................................................................17

5.1 Introduction ..............................................................................................................................17 5.2 Visual Requirements ................................................................................................................17 5.3 Proposal Sections .....................................................................................................................18  Appendix I .....................................................................................................................................20 Appendix II ....................................................................................................................................25 Appendix III ...................................................................................................................................28  

Exhibit A ........................................................................................................................................41 Exhibit B ........................................................................................................................................41 Attachment A .................................................................................................................................42  

 

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1.0 INTRODUCTION

1.1 Statement of Objective

This is an Invitation to Negotiate ITN 90-006 (“ITN”) for a Lease for Classroom and Office Space in Downtown or Brickell Area, Miami (“Services”) to enable Florida International University (“FIU”) to enter into either a five (5) year lease agreement (Option 1) or a five (5) year lease agreement with one five (5) year renewal at the option of FIU (Option 2), with a Vendor to provide the Services. This ITN sets forth specifications for qualified Vendors to provide Proposals.

1.1.1 Scope of Work: FIU requests your participation in a space search in Dade County, Florida in the general Downtown Miami and Brickell areas [more detailed boundaries are attached hereto as Exhibit A]. FIU is seeking detailed and competitive proposals to provide built-out classroom and office facilities and related infrastructure for occupancy by the University. The specific criteria as it relates to any space that is required to be built-out and other specifications pursuant to this ITN are set forth in Section 3.0 below. FIU has authorized Cushman and Wakefield of Florida, Inc. (Tenant Broker Representative) to be its exclusive representative during this solicitation for space. The Successful Vendor will be required to enter into a commission agreement with Cushman and Wakefield, attached for review as Exhibit B.

The University would like to enter into a lease agreement on the terms outlined herein with the successful Vendor, with FIU occupying the leased space on August 1, 2010.

1.1.2 University Environment Founded in 1972 in Miami, Florida International University is a part of the State University System of Florida. FIU is an urban institution with a rich and diverse, multi-cultural population of faculty, staff and students. The College of Business has a mission to create an enduring educational value for our students, alumni, and the business, professional, and academic communities we serve: preparing our students to succeed in a rapidly changing, technology-driven global business environment; providing our alumni opportunities for continuing professional development and a legacy that appreciates as our excellence grows; offering the business and professional communities knowledgeable graduates, educational programs, research, and collaborative projects and bringing new knowledge to the academic community by creating an environment that nurtures high-quality research and the development of future scholars.

1.1.3 Definitions: “Contract” means the formal bilateral Lease Agreement signed by the representatives of FIU and the Successful Vendor which will incorporate this competitive solicitation and the Vendor’s Proposal, and will state the negotiated changes.

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“Hours of Operation” means the normal business hours of staff and the class time of all students. Specifically, this site will normally operate from 8 am to 11 pm, Monday through Friday, and from 8 am to 10 pm, Saturday. “Tenant” means The Florida International University Board of Trustees. “Successful Vendor” means a firm or individual who is awarded a contract under this competitive solicitation; also referred to as “Landlord”. The words “shall”, “must”, or “will” are equivalent and indicate mandatory requirements or conditions, The words “should” or “may” are equivalent and indicate very desirable conditions or requirements. Vendor’s deviation from any such desirable conditions or requirements may result in Vendor’s Proposal being considered as not being in FIU’s best interest. “University Community” means FIU’s students, employees, volunteers, and visitors to the FIU Campuses. “Vendor” means a qualified proposer who submits a timely Proposal to this competitive solicitation. “Website” means the FIU Purchasing Services Department’s website at <http://finance.fiu.edu/purchasing> 1.1.4 Evaluation Criteria: The Successful Vendor, if any, will enter into a Contract (see Appendix III) with FIU that provides for the performance of all the mandatory conditions and requirements in this competitive solicitation and that provides for the terms and conditions negotiated and contained in the Contract between the Successful Vendor and FIU.

For the purposes of determining a short list of Vendors to enter into negotiations with the following criteria will be evaluated and weighted as outlined below.

Table A – Evaluation of Proposals CRITERIA MAX POINTS Economic Considerations 45

Location 30

Property 30

Experience and Qualifications 10

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Total 115

1.1.4.1 Economic Considerations – Evaluation will be based on the following components: 1) Rental Rate and Rent Concessions; 2) Tenant Improvement Allowance and Delivery Condition of Premises; 3) Expansion Rights; 4) Renewal Option, as applicable; 5) Signage; 6) Brokerage, as outlined in Section 3.1. 1.1.4.2 Location - The effect of environmental factors (including the physical characteristics of the building and the area surrounding it) on the efficient and economical conduct of University operations planned for the requested space. Evaluation will be primarily based on proximity of facility to the University’s preferred area, as outlined in Exhibit A, frequency and availability of public transportation and parking near the offered space, and present condition of physical plant, property the building sits on, adjacent structures and safety of surrounding neighborhood.

1.1.4.3 Property - The extent to which the offered space is designed to provide an efficient layout and good utilization of the space and the extent to which the building (including elevators), parking area and space as a whole meets FIU’s needs and is conducive to future expansion. The provision of the aggregate square footage in a single floor is preferred. Evaluation will be primarily based on efficiency and comfort of space layout and ability to meet the requirements outlined in sections 3.3, 3.4, 3.5, 3.6, 3.7 and 3.8 below. FIU may visit the proposed building and space as part of the evaluation process.

1.1.4.4 Experience and Qualifications - Vendor must have previous experience as a Landlord and describe such experience in its Proposal. Vendor must also provide a list of Vendor’s current tenants in the building with the name of contact person and contact information for each so that FIU may select at least two of the current tenants to ask questions related to the vendor’s service, experience and qualifications. If Vendor has no tenants in the building, Vendor must provide a list of all former tenants in the building from the past five years, along with name of contact person and contact information for each, and FIU will contact at least two of the previous tenants. If the building is new, Vendor must provide a list of at least five current or previous tenants of Vendor’s.

1.2 Contract Award

1.2.1 FIU intends to negotiate with qualified providers and would prefer to enter into an agreement with one Vendor to provide the Services.

1.2.2 FIU intends to award a Contract resulting from this competitive solicitation to the Successful Vendor whose Proposal represents the best value and lease property suitable for FIU’s needs after evaluation in accordance with the criteria in this competitive solicitation.

1.2.4 FIU may reject any or all Proposals if such action is in FIU’s best interest.

1.2.6 FIU may waive informalities and minor irregularities in Proposals received.

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1.2.7 A written notice of award will be sent to the Successful Vendor.

1.2.8 Vendor may request in its Proposal, changes to the requirements, terms and conditions provided herein for consideration by the University. However, please be advised that FIU, as a State University, must comply with applicable laws and regulations and there are certain terms and conditions that may not be altered. 2.0 COMPETITIVE SOLICITATION PROCESS

2.1 Authorized FIU Representative/Public Notices/FIU Discretion

Vendor’s Proposal to this competitive solicitation and any communications and/or inquiries by Vendor during this competitive solicitation process must be submitted in writing to the individual and address stated below (the “Authorized FIU Representative”). Inquiries must be made via email only. FIU will consider only those communications and/or inquiries submitted in writing to the individual below on or before the Inquiry Deadline Date specified in the Calendar of Events below. To the extent FIU determines, in its sole discretion, to respond to any communications and/or inquiries, such response will be made in writing and mailed and/or transmitted by facsimile to all Vendors. Unless specifically requested from the Vendor by the Authorized FIU Representative as part of the evaluation or negotiation process, FIU will not accept or consider any written or other communications and/or inquiries (except Proposal) made between the date of this deadline and the posting of an award, if any, under this competitive solicitation.

Kenia Durañona, Manager of Competitive Solicitations and Contracts

FLORIDA INTERNATIONAL UNIVERSITY PURCHASING SERVICES DEPARMENTS MODESTO A. MAIDIQUE CAMPUS – CSC 411

11200 SW 8th STREET UNIVERSITY PARK MIAMI, FL 33199

Email address: kduranon@fiu.edu Telephone: (305) 348-2161

Fax: (305) 348-3600

In addition, any inquiries relating to the objective and the scope of services requested by this competitive solicitation must be emailed to Kenia Durañona at kduranon@fiu.edu.

Advance notice of pre-proposal meetings, if applicable, regarding this competitive solicitation, or of evaluation committee meetings will be in writing and posted in FIU’s Purchasing Services Department website, http://finance.fiu.edu/purchasing (the “Website”). It is Vendor’s sole responsibility to check the Website periodically in order to verify whether any such meetings are scheduled to take place. FIU reserves the sole discretion over the conduct of such meetings and the extent, if any, that public attendees may participate in such meetings.

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2.2 Calendar of Events

Unless otherwise revised by a subsequent addendum to this competitive solicitation, the dates and times by which stated actions should be taken or completed are listed below. If FIU determines, in its sole discretion, that it is necessary to change any of these dates and times, it will issue an Addendum to this competitive solicitation and issue a Notice of Addendum on the Website. All times listed are eastern standard time (EST).

Date/Time Action

March 5, 2010 Competitive Solicitation advertised and released

April 8, 2010 Last Day to for Vendors to submit communications and/or inquiries via email to Kenia Durañona at kduranon@fiu.edu. (“Inquiry Deadline Date”)

April 12, 2010 Responses to inquiries and Addenda, if any, posted

April 19, 2010 Deadline for Proposal submission at 2:00 PM (EST) (“Proposal Due Date”) and Proposal Opening at 2:00 PM (EST). (Note: Any Proposals received after the Proposal Due Date and Time shall be deemed non-responsive.)

Special Note: The University must be able to occupy the Lease Premises by August 1, 2010. It will be critical to meeting this deadline that Vendors be available for site visits, negotiations and meetings in the two weeks immediately following the Proposal Due Date.

2.3 Vendor Communications and/or Inquiries

FIU is not liable for interpretations/misinterpretations or other errors or omissions made by the Vendor in responding to this competitive solicitation. The Vendor shall examine this competitive solicitation document to determine if FIU’s conditions and requirements are clearly stated. If Vendor has any questions regarding this competitive solicitation, the Vendor may submit a written request for clarification as provided above. The Vendor must provide the Section(s), Subsection(s), Paragraph(s), and page number(s) that identify the conditions or requirements questioned by the Vendor. Requests for clarification to this competitive solicitation must be received by FIU on or before the Inquiry Deadline date. FIU shall in its sole discretion determine what requested changes to this competitive solicitation are acceptable. FIU shall issue an Addendum reflecting the acceptable changes to this competitive solicitation, if any, which shall be posted on the Website, and, as courtesy, sent to all known Vendors via email. It is Vendor’s sole responsibility to periodically check the Website to verify whether any such addendums were issued and to ensure Vendor obtains a copy of any such Addendum.

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2.4 Pre-Proposal Conference and Site Visit Intentionally left blank. 2.5 Written Addenda Written Addenda to this competitive solicitation along with an Addenda Acknowledgment Form will be posted on the Website, and, as a courtesy, may be emailed to all known Vendors. The Addenda Acknowledgment Form shall be signed by an authorized representative of the Vendor, dated and returned with the Proposal. It is Vendor’s sole responsibility to periodically check the Website to verify whether any such addenda were issued and to ensure Vendor obtains a copy of any such Addenda. 2.6 Proposal Due Date Vendor’s Proposal shall be prepared in accordance with the requirements of this competitive solicitation. Proposals are due at the time and date specified in the Calendar of Events and must be received by the Authorized FIU Representative on or before the Proposal Due Date and time in FIU’s Purchasing Services Department, CAMPUS SUPPORT COMPLEX, CSC 411, MODESTO A. MAIDIQUE CAMPUS, 11200 SW 8th Street, MIAMI, FL 33199, according to the time clock in FIU’s Purchasing Services Department. Proposals or amendments to Proposals that arrive after the Proposal Due Date and time will be considered as non-responsive and not accepted. Telephone, including facsimile and electronic mail, and telegraphic Proposals and/or amendments to Proposals will not be accepted at any time. At 2:00 PM on the Proposal Due Date, all timely Proposals will be opened for the sole purpose of recording the Vendors’ names submitting written Proposals. If the Vendor elects to mail in the Proposal package, the Vendor must allow sufficient time to ensure FIU’s proper receipt of the Proposal package by the Proposal Due Date and time. Regardless of the form of delivery, it is the responsibility of the Vendor to ensure that the Proposal package arrives at FIU’s Purchasing Services Department on or before the Proposal Due Date and time.

Proposals will be accepted up to, and no Proposals may be withdrawn after, the Proposal Due Date and time. Proposals must be delivered in sealed envelopes clearly marked: ITN90-006: Lease for Classroom and Office Space in Downtown or Brickell Area, Miami. The Proposal must be submitted in one (1) original and seven (7) copies. The copy containing the original signature must be marked “ORIGINAL.” FIU requests, as a courtesy, that vendors submit a cd containing a digital copy of the submitted Proposal, preferably in PDF format.

2.7 Proposal Opening Date Proposals will be opened in FIU’s Purchasing Services Department on the date and at the time shown in the Calendar of Events.

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2.8 Evaluation Criteria and Selection Process

2.8.1 Proposals will be evaluated by an ITN Evaluation Committee (“Committee”) to determine a short list of Vendors whose written Proposals best address the University’s priorities, as previously stated in the Section titled “Evaluation Criteria”. The Committee members may consist of University Faculty, Staff, Students, and designated experts. Those Vendors selected for the short list will continue in the evaluation process, which may involve site visits, Vendor presentations, Vendor management team interviews, negotiations, and evaluation of the Vendor’s best and final offer.

2.8.2 The determination of the Vendors selected for the short list with which

negotiations may be held will be based on evaluation of the Vendors’ Proposals. There will be no opportunity for presentations at this stage. Proposals must provide complete, accurate, and detailed information in response to the instructions in the competitive solicitation.

2.8.3 The Evaluation Committee may meet with the short-listed Vendors

individually to discuss their capabilities and plan for servicing FIU. The Negotiation Team may negotiate with the short-listed Vendors. After negotiations have been completed to the satisfaction of the Negotiation Team, the short listed companies will be given a deadline for submission of a “best and final” offer. Vendors will not be allowed to make further adjustments to their offer or communicate further with the University, except to respond to requests for clarification. The final recommendation of the Evaluation Committee will be based upon the initial written Proposal, site visits, references, discussions, interviews, negotiation outcomes, and best and final offers. The recommendation will be submitted to the Executive Dean of College of Business Administration for review and approval and then the Director of Purchasing for review and approval. Once the contract award is determined FIU will prepare the final Contract.

2.8.4 The University reserves the right to award to the next highest evaluated,

responsive and responsible Vendor in the event of the Successful Vendor’s default, non-performance, non-compliance or similar issues affecting the University’s ability to obtain services at any time throughout the Contract period.

2.8.5 Award will not be based solely on price, but rather an evaluation of all aspects

of the Vendors’ proposals to determine which Proposal is most advantageous to FIU. FIU reserves the right to select the proposal(s) deemed to be in the best interests of the University.

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2.9 Posting of Intent to Award 2.9.1 The Intent to Award, if any, to a Vendor to this competitive solicitation will be

posted for review by interested parties on the Purchasing Services Department’s Website, and will remain posted for a period of seventy-two (72) rolling hours; excluding weekends, holidays, and University holidays.

2.9.2 Failure to file a protest in accordance with BOG regulation 18.002, or failure to

post the bond or other security as required in BOG regulations 18.002 and 18.003, shall constitute a waiver of protest proceedings.

2.10 Proposal Validity Period Any Proposal submitted shall, in its entirety, remain a valid Proposal for 120 calendar days after the Proposal Due Date. 2.11 Disposition of Proposals All Proposals become the property of the University and the State of Florida, and the University and State of Florida shall have the right to use all ideas, and/or adaptations of those ideas, contained in any Proposal received in response to this competitive solicitation. Any parts of the Proposal or any other material(s) submitted to FIU with the Proposal that are copyrighted or expressly marked as “confidential”, “proprietary”, or “trade secret”, will be exempted from the “open records disclosure requirements” of Chapter 119, Florida Statutes, but only to the extent expressly authorized by Florida law. FIU’s selection or rejection of a Proposal will not affect this exemption.

2.12 Economy of Presentation

2.12.1 Each Proposal shall be prepared simply and economically, providing a straightforward, concise description of the Vendor’s capabilities to satisfy the conditions and requirements of this competitive solicitation. Fancy bindings, colored displays, and promotional material are not desired. Emphasis in each Proposal must be on completeness and clarity of content. To expedite the evaluation of Proposal, it is mandatory that Vendors follow the format and instructions contained herein. FIU is not liable for any costs incurred by any Vendor in responding to this competitive solicitation including, without limitation, costs for oral presentations requested by FIU, if any.

2.12.2 The Vendor must agree to abide by each mandatory condition and

requirement included in this Competitive Solicitation. Also, the Vendor must initial the designated item, using Appendix I, indicating whether or not each section has been understood and agreed upon. Vendor must provide alternative language and/or explanation of any section marked “no” in this Appendix.

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2.13 Restricted Discussions/Submissions From the date of issuance of this Competitive Solicitation until FIU takes final agency action, the Vendor must not discuss the solicitation, Proposal, or any part thereof with any employee, agent, or representative of FIU except as expressly requested by FIU in writing or from FIU’s Authorized Representative as a part of the competitive solicitation process. Violation of this restriction may result in REJECTION of the Vendor’s Proposal. 2.14 Verbal Instructions Procedure No negotiations, decisions, or actions shall be initiated or executed by the Vendor as a result of any discussions with any FIU employee. Only those communications that are in writing from the Authorized FIU Representative identified in Section 2.1 of this competitive solicitation shall be considered as a duly authorized expression on behalf of FIU. Only communications/inquiries from the Vendor that are signed in writing and delivered on a timely basis, i.e., not later than Inquiry Deadline Date will be recognized by FIU as duly authorized expressions on behalf of the Vendor. 3.0 SPECIFICATIONS FOR CLASSROOM AND OFFICE SPACE 3.1 Economic Considerations

3.1.1 Term/Rent – Please provide the gross full service rent for the full term of the lease, depending on whether vendor is proposing Option 1 or Option 2 as outlined in section 1.1.

3.1.2 Rental Concessions – Please state rent abatement period.

3.1.3 Tenant Allowance – In addition to the requirements outlined in Exhibit C, Vendor shall provide FIU with Tenant Improvement Allowance at a specified rate per Rentable Square Foot (RSF). The costs of Tenant Improvements shall include architectural and engineering fees, specialty consultants including but not limited to acoustical and lighting specialists, permitting and expeditor fees, construction of interior improvements including millwork, built-in furniture, furniture systems, data cabling and wiring, telecommunications systems, relocation expenses and other expenses associated with fitting out a new premises and the relocation to a new building. Any unused Tenant Improvement Allowance shall be applied to rent due under the lease agreement.

Successful Vendor shall contract directly with the contractor and shall not charge

any construction management or supervision fee. 3.1.4 Expansion Rights - Tenant shall have a continuous Right of First Refusal for any

contiguous floors where Tenant’s Premises are located at the same terms and conditions under Tenant's lease or at the same terms and conditions of any bona fide written acceptable offer, whichever is less. In the event Tenant exercises an

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Expansion Right, the term shall be coterminous with Tenant’s initial Lease Term. Tenant shall have fifteen (15) working days (after its receipt of written notice from the Landlord) to notify Landlord of its intention to lease the space. If Tenant elects not to lease such space, Landlord may offer such space to third parties upon the same terms and conditions as contained in Landlord's prior written notification to Tenant. Prior to offering such space to third parties upon different terms and conditions than offered to Tenant, Landlord will first offer the space to Tenant upon such newly proposed terms and conditions, in the manner set forth above.

3.1.5 Option to Renew – If Vendor is electing Option 2, as outlined in section 1.1 above, at the beginning of the renewal term, the Landlord shall recover the floors, and recover or repaint the walls with materials equivalent in quality and quantity to those installed or used in the initial tenant finishes.

3.1.6 Signage – Vendor shall outline exterior signage opportunities such as building top or monument signage. Tenant shall have the right to place its logo on such proposed location at no additional expense.

Tenant shall have the right to install prominent signage in the elevator lobby of its designated floor, as well as the entrance to its Premises.

3.1.7 Brokerage – Successful Vendor shall enter into commission agreement with Cushman and Wakefield at the commission rate outlined in Exhibit B.

3.2 Location

The desired location for our programs is the general Downtown Miami or Brickell areas. Please see attached map of potential areas with a perimeter of the preferred location (“Preferred Location”) (Exhibit A). Vendor must mark location of building in which the space is located on the map and include the map in its Proposal.

3.3 Space Requirement FIU prefers that the space be continuous and within the same floor of the building. Vendor must include in its Proposal a floor plan of the Space and any furnishings, and Vendor must specifically indicate each of the areas below and provide the net square footage for each area. If the Space is not on the ground floor, Vendor must also include the location of elevators that would service the Space with maximum capacity of each such elevator, and number of floors serviced by each.

3.3.1 Base Building Drawings – Landlord at its sole cost and expense, if requested by Tenant, shall have its licensed architect prepare space plan/test fit of the premises based on Tenant’s requirements. Landlord’s architect shall also provide tenant with the space plan in CAD and pdf format. There shall be no charge to FIU for these drawings.

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In the event the base Building drawings provided by Landlord differ from the

actual “as-built” conditions of the base Building, Landlord shall be responsible for any expenses (hard and soft construction and construction related expenses) or delays incurred by Tenant as a result of such differences.

3.3.2 Classroom Space Requirements

• Two (2) U-Shaped Tiered Caserooms with capacity up to 55 students (approximately 1,800 sq.ft. per case-room) See Sample U-Shaped Caseroom layout attached as Exhibit D

• One (1) Tiered Caseroom with capacity up to 40 students (approximately 1,700 sq.ft.)

• Four (4) Large Conference Rooms with equal partitions which allows the rooms to be equally divided or merged into one large area, and capacity up to 100 students total when merged into one large area (approximately 700 sq. ft. per conference room; approximately 2800 sq. ft. total)

3.3.3 Office Space Requirements

• Total Office Space should be approximately 2,300 sq. ft. to include the following:

o Two (2) Staff Private Offices of approximately 125 sq. ft. per office

o One (1) Small Conference Room that can accommodate 4-6 individuals (approximately 100 sq. ft.)

o Four (4) Open area cubicles (approximately 125 sq. ft. per cubicle) o General office copy, storage and faxing area (approximately 450

sq. ft.) o Reception and general waiting area (approximately 700 sq. ft.) o One (1) Student copying office (approximately 150 sq. ft.) o One (1) Student study office (approximately 150 sq. ft.)

3.3.4 Pantry/Kitchen and Dining Space Requirements

• Pantry/Kitchen Space with counter space for serving 250 students (approximately 400 sq. ft.)

• Student gathering area that can accommodate 150 students for dining (approximately 6,000 sq. ft.; this does not have to be continuous space and can be divided into 2 or 3 dining areas within the total leased space)

3.4 Net Square Footage Required Approximately 16,800 net rentable sq. ft. measured in accordance with the Standard Method of Space Measurement per State of Florida Board of Governors Regulation 17.001. Note:

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Restrooms, common tenant lobbies and mechanical rooms must not be included in calculating net rentable square footage.

(Space offered must be within the 10% required net square footage.)

3.5 Condition of Premises

Landlord, at its sole expense, shall deliver the Premises to Tenant subject to Minimal Base Building Condition as outlined in Exhibit C.

3.6 Furniture Tenant shall furnish the Premises, at its sole discretion, without any limitations set forth by the Landlord. 3.7 Technological Requirements All Caserooms (three in total) must be set up with the technological infrastructure necessary to support the equipment and quantities outlined below to allow FIU to run programs using the latest technology available.

• Wireless and LAN internet set-up • Projector and projection screen – two (2) of each per Caseroom and one (1) of

each per Conference Room • Ceiling speakers – six (6) to eight (8) per Caseroom and three (3) to four (4) per

Conference Room • Podium and microphone – one (1) podium and one (1) microphone per Caseroom

and two (2) to four (4) podiums and microphones for the four (4) Conference Rooms

• Document camera, computer, and DVD/VHS player – one (1) of each of these per Caseroom and two (2) to four (4) of each for the four (4) Conference Rooms

• Minimum of two (2) dry erase boards per Caseroom and minimum of one (1) dry erase board per Conference Room

The listing above outlines the equipment FIU will be using. FIU shall be responsible for purchase and installation of the equipment.

The following is required in each Caseroom and is included as part of the rental payment:

• Power outlets for all technology equipment (low and high voltage). We will require at least 10 power outlets per Caseroom.

• Power outlets for each student workstation in each Caseroom. This will require at least 45 power outlets per Caseroom.

• Vendor must describe the emergency power backup for the space in its proposal.

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3.8 Additional Requirements

• Vendor must allow FIU to contract with third party for catering services at the Lease Premises.

• Catering Equipment - Vendor will provide the necessary infrastructure to allow FIU to have an industrial size refrigerator, holding cabinets, and counter space for meal preparation and use by caterer.

• Garage/Lot Parking that can accommodate at least 250 students within 1 block radius of the building- Vendor must provide locations of lots, with capacity for each lot, and pricing for parking

• Security Guard in the building during all Hours of Operation.

3.9 Landlord Responsibility

The monthly rental rate is all inclusive of any fees, electric, gas, water, sewage, trash removal, storm water fees, recycling service, interior, common area and exterior maintenance, janitorial services, monthly pest control, fire alarm system monitoring, elevator maintenance, which shall be provided by the Successful Vendor at no additional cost to FIU. If the Vendor will charge FIU any additional fees, costs or expenses in addition to the monthly rental fee, Vendor must specifically state and describe such additional fees, costs or expenses and the charge for each as part of Attachment A of this ITN in its Proposal.

The costs that FIU would be responsible for will be considered in the Evaluation process.

Preferably, services provided by the Landlord will include all necessary build-out and cleanup and shall provide FIU with clean ready to operate Space. The Successful Vendor will provide the Space to FIU for its exclusive use 24 hours per day, 7 days per week, during the Contract term. The Space to be leased by FIU will be occupied during normal Hours of Operation, excluding state holidays, and may be fully or partially occupied during all other periods of time as necessary or as required at the sole discretion of FIU.

4.0 GENERAL CONDITIONS 4.1 Assignment of Contract

The Successful Vendor is prohibited from assigning, selling, transferring or subletting the Contract or its rights, title, interest or power to execute the Contract to any other person, company or corporation without the prior written approval of FIU.

4.2 Insurance Requirements The Landlord shall carry property insurance on the Premises with Causes of Loss-Special Form coverage at full replacement value and commercial general liability insurance. The Landlord’s insurer shall be licensed to do business in the State of Florida and have a minimum A.M. Best’s financial rating of A-/VII. The Landlord will agree to defend and indemnify FIU for losses that

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occur in the common area of the Premises owned/controlled by the Landlord. The Landlord agrees to waive all rights to recover against FIU for any loss or damage arising from any cause that would be covered by the insurance required by this agreement or actually carried by the Landlord. The Landlord will cause its insurer to issue appropriate waiver of subrogation rights endorsements and supply FIU with appropriate information from its insurer confirming such waiver to be in effect. The Landlord will reimburse FIU for damages to FIU property as a result of the Landlord’s negligence.

In addition to the insurance required to be obtained and maintained by the Landlord, if the Successful Vendor assigns any portion of the duties under the Contract in accordance with the terms, hereof, each subcontractor or assignee will purchase and maintain the same insurance coverage as is required of the Landlord. The Landlord shall immediately notify FIU if the Vendor's Commercial General Liability insurance contains any restrictive endorsements other than those restrictive endorsements normally included on standard ISO Commercial General Liability occurrence form. The absence of a demand for any type of insurance certificates or policy or insurance condition, or for higher coverage limits shall not be construed as a waiver of the Landlord’s obligations to carry and maintain the appropriate types of insurances at limits that are appropriate to the liability exposure associated with the Contract. FIU does not represent that coverage and the limits specified herein will necessarily be adequate to cover the Landlord’s liability. FIU reserves the right to cancel any award made or Contract entered into if Landlord fails to supply and or maintain required coverage. FIU is a self-insured entity with a general liability risk management program including the administration of general liability claims, settlement of claims, a claims prevention program and trust fund pursuant to Florida law. FIU agrees to secure and keep in full force and effect and throughout the term of this Agreement at Tenant’s sole cost and expense the insurance program pursuant to Florida law. Upon the request of the Landlord, Tenant will provide Landlord with proof of self-insurance.

4.3 State Licensing Requirements

The Successful Vendor must have all appropriate licenses to conduct business in the State of Florida and Miami-Dade County at or prior to award of the contract resulting from this competitive solicitation. A copy of the registration/application must be furnished to FIU as a condition of award. If subcontractors will be used, as a condition of award, the Vendor must certify that all of its subcontractors are registered with the State of Florida in accordance with Chapter 607 or 620, Florida Statutes, and such statement will include any subcontractors’ corporate charter numbers. For additional information, the Vendor shall contact the Florida Secretary of State’s Office at (904) 488-9000. 4.4 Employment of FIU Personnel The Successful Vendor shall not, without FIU’s prior written consent, knowingly recruit for engagement, on a full time, part time, or other basis during the period of Contract, any

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individuals who are or have been FIU employees at any time during such period, except for FIU’s regularly retired employees, or any adversely affected State employees. 4.5 Equal Opportunity Statement The State of Florida and FIU subscribe to equal opportunity practices, which conform to both the spirit and the letter of all laws against discrimination and are committed to non-discrimination on the basis of race, creed, color, sex, age, national origin, religion, veteran or marital status, or disability. Vendor commits to the following:

4.5.1 The provisions of Executive Order 11246, September 24, 1965, as amended by Executive Order 11375, and the rules, regulations and relevant orders of the Secretary of Labor that are applicable to each order placed against the contract resulting from this ITN, if any, regardless of value.

4.5.2 The Vendor, if any, awarded a contract under this Competitive Solicitation shall agree to comply with the Americans with Disabilities Act (ADA) of 1990. 4.5.3 If the Vendor anticipates receiving $10,000 in orders during the first 12 months of the contract, if any, resulting from this Competitive Solicitation, Vendor must complete a Certificate of Non-Segregated Facilities form and attach the form to the Proposal. A sample certificate is attached as Appendix II. 4.5.4 If the Vendor anticipates receiving $50,000 in orders during the first 12 months of the contract, if any, resulting from this Competitive Solicitation, and employs more than 50 people, the Vendor must complete and file prior to March 1 of each year a standard form 100 (EEO-1). 4.5.5 If the Vendor anticipates receiving $50,000 in orders during the first 12 months of the contract, if any, resulting from this Competitive Solicitation, and employs more than 50 people, the Vendor must maintain a written program for affirmative action compliance that is accessible for review upon request by FIU.

4.6 Waiver of Rights and Breaches No right conferred on FIU by this Competitive Solicitation or resulting Contract shall be deemed waived and no breach of the Contract excused, unless such waiver of right or excuse of breach shall be in writing and signed by FIU’s signatory. FIU’s waiver or excuse of a breach by the other party shall not constitute a waiver or excuse of any other breach. 4.7 Employee Involvement/Covenant Against Contingent Fees In accordance with Section 112.3185, Florida Statutes, the Vendor hereby certifies that, to the best of its knowledge and belief, no individual employed by the Vendor or subcontracted by the Vendor has an immediate relationship to any employee of FIU who was directly or indirectly involved in any way in the procurement of the contract, if any, resulting from this Competitive

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Solicitation or goods or services thereunder. Violation of this section by Vendor shall be grounds for cancellation of the Contract. The Vendor also warrants that no person or selling agency has been employed, engaged or retained to solicit or secure any contract resulting from this Competitive Solicitation or any advantage hereunder upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, or in exchange for any substantial consideration bargained for, excepting that which is provided to the Vendor's bona fide employees or to bona fide professional commercial or selling agencies or in the exercise of reasonable diligence should have been known by the State to be maintained by the Vendor for the purpose of securing business for Vendor. In the event of the Vendor's breach or violation of this warranty, FIU shall, subject to Vendor's rights under Chapter 120, Florida Statutes, have the right, at its option, to annul any Contract resulting from this Competitive Solicitation without liability, to deduct from the charges otherwise payable by FIU under the Contract the full amount of such commission, percentage, brokerage, or contingent fee, and to pursue any other remedy available to FIU under the Contract, at law or in equity. 4.8 Travel Expense FIU shall not pay for any of the Successful Vendor’s travel or related expenses. 4.9 Taxes The State of Florida is a tax-immune sovereign and exempt from the payment of all sales, use and excise taxes. The Successful Vendor is responsible to pay any such taxes imposed on taxable activities/services under the Contract. 4.10 Indemnification The Successful Vendor is responsible for its performance under the Contract. The Successful Vendor agrees to release, indemnify, defend and hold harmless Florida International University, the FIU Board of Trustees, the Florida Board of Governors, the State of Florida and their respective trustees, officers, employees and agents of and from any and all liability, fines, royalties, fees, taxes, suits, claims, demands and actions, costs, attorneys fees and expenses of any kind or nature whatsoever (“Losses”) for any loss of life, personal, bodily or economic injury or damage or loss to property which may be sustained by reason of, based upon, or in any way arising under the Contract or any other obligations of the Successful Vendor, its officers, agents, employees and contractors set forth in the Contract, and from and against any orders, judgments or decrees which may be entered pursuant thereto. This obligation shall survive the termination of the Contract/lease.

The procuring of the insurance required under the competitive solicitation shall not relieve the Successful Vendor of any obligation or liability assumed under the Contract/lease, including specifically the indemnity obligations stated herein. The Vendor may carry at his own expense such additional insurance, as he may deem necessary. The University recommends that the Successful Vendor obtain and maintain a policy of business interruption insurance to insure against losses that may be suffered through acts of nature, such as hurricanes and other perils. The Successful Vendor shall assist and cooperate in every manner possible in connection with

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the adjustment of all claims arising out of the Successful Vendor’s operations pursuant to the Contract, and shall cooperate in all litigated claims and demands, arising from said operations, which its insurance carrier or carriers are requested to respond..

The Successful Vendor shall not do anything that will adversely affect the University, in any way, including increasing risks, insurance premiums or liability. 5.0 PROPOSAL FORMAT

5.1 Introduction

The Vendor shall not alter the Competitive Solicitation in any way in its Proposal document. The Contract resulting from this Competitive Solicitation shall incorporate the entire Competitive Solicitation as issued by FIU. If Vendor alters the Competitive Solicitation, such alteration shall be ineffective.

To facilitate analysis of its Proposal, the Vendor must prepare their Proposal in accordance with the instructions outlined in this section. If Vendor’s Proposal deviates from these instructions, such Proposal may, in FIU’s sole discretion, be REJECTED.

VENDOR SHOULD CONCENTRATE ON ACCURACY, COMPLETENESS, AND CLARITY OF CONTENT IN ITS PROPOSAL. The Vendor must use sections and tabs that are clearly identified and also must number and label all parts, pages, figures, and tables in its Proposal. Additional tabs may be appended which contain any other pertinent matters that the Vendor wishes FIU to take into consideration in reviewing the Proposal.

5.2 Visual Requirements

As part of the bid submittal, bidders are to provide:

A. Clear photographs (8” x 10”) or architect’s renderings showing exterior front, sides and rear of the proposed facility (color preferred).

B. A scaled (1/16” or 1/8” or 1/4” = 1’0”) proposed floor plan showing present configurations with measurements.

C. Calculation of the net rentable square footage available using measurements from the floor plan. Refer to Standard Method of Measurement per Section 3.4 above.

D. A scaled site layout showing the present location of building(s); configuration and number of parking spaces assigned to the University (if available); access and egress routes; and any proposed changes which the prospective Landlord will make before the University is to occupy the offered premises.

E. Samples of fabrics, floor coverings, photographs of furnishings, paint colors, finishes, brochures, etc. being used in the plan.

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5.3 Proposal Sections The Vendor must organize its Proposal into the following major sections to assist FIU in the evaluation and selection process.

Proposals should be prepared simply and economically, providing a straightforward, concise description of the Vendor’s ability to meet the requirements and specifications set forth in this ITN and provide the additional information. The following documents should be submitted as part of the proposal. This list is not exhaustive and is dependent upon the Vendor’s selected proposal format and service specifics.

5.3.1

Tab 1 – Required Forms: a) Completed and signed ITN acknowledgement form; b) Completed and signed acknowledgement for addenda issued; c) Completed and signed Conditions and Requirements (Appendix I) along with any requested changes to the requirements, terms and conditions that are provided in the competitive solicitation; d) Completed and signed Certificate of Non-Segregated Facilities (Appendix II);

Tab 2 – Contact name(s) and titles of the individual(s) responsible for the Vendor’s proposal and negotiation during this ITN process, including phone, fax and email. Tab 3 – Economic Considerations as outlined in section 1.1.4.1 above.

a) Please complete the Response Sheet (Attachment A), with any necessary specifications attached. This should include: rental rate for the term of the lease agreement, tenant improvement allowance at a specified rate per RSF and listing of any additional expenses to be incurred by Tenant.

b) Must address, in addition to the items in the response sheet (Attachment A): rent concessions, expansion rights, renewal option, signage and brokerage.

Tab 4 – Location as outlined in section 1.1.4.2

a) Must include Exhibit A with location of space clearly marked as outlined in section 3.2 above.

Tab 5 – Property as outlined in section 1.1.4.3

a) Must include at minimum all applicable photographs, floor plans, calculations, layouts and samples as outlined in section 5.2 above.

b) Must address all requirements outlined in sections 3.3 to 3.8 above. Tab 6 – Vendor Experience & Qualifications as outlined in section 1.1.4.4

a) Must include the name of the contact person and contact information from current tenants or previous tenants (within the last five years) that support Landlord experience and qualifications to lease space as outlined in section

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1.1.4.4. Tab 7– Additional information the Vendor would like to submit as part of its Proposal.

The Vendor is solely responsible for the accuracy and completeness of its Proposal. The Vendor’s errors or omissions, if any, are solely at the risk of the Vendor and may be grounds for FIU’s consideration of the Proposal being non-responsive.

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APPENDIX I

CONDITIONS AND REQUIREMENTS

SUPPLEMENTAL PROPOSAL SHEET

Those items in Sections 1 through 6 of this competitive solicitation must each be initialed, as shown below, as YES for “understood and agreed to” and NO for “not agreed to.” Failure to complete and return this document with your Proposal could result in rejection of your Proposal. Vendors shall not check items as YES/understood and agreed to- for submittal of Proposal with the hope of negotiating a change of those conditions and requirements after award resulting from this competitive solicitation. Vendors disagreeing with any conditions and requirements shall act to resolve the difference prior to Proposal Due Date and time. Any items that are marked NO must be addressed in a separate page, with proposed alternative language. Failure to accept said conditions and requirements after award is grounds for rejection of that Proposal and the University may seek to award the Contract to the next favorable Vendor.

SECTION YES NO VENDOR INITIAL 1.0 _____ _____ _______ 1.1 _____ _____ _______ 1.2 _____ _____ _______ 2.0 _____ _____ _______ 2.1 _____ _____ _______ 2.2 _____ _____ _______ 2.3 _____ _____ _______

2.4 _____ _____ _______ 2.5 _____ _____ _______ 2.6 _____ _____ _______ 2.7 _____ _____ _______ 2.8 _____ _____ _______

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SECTION YES NO VENDOR INITIAL 2.9 _____ _____ _______ 2.10 _____ _____ _______ 2.11 _____ _____ _______

2.12 _____ _____ _______ 2.13 _____ _____ _______

2.14 _____ _____ _______ 3.0 _____ _____ _______

3.1 _____ _____ _______

3.2 _____ _____ _______ 3.3 _____ _____ _______ 3.4 _____ _____ _______

3.5 _____ _____ _______

3.6 _____ _____ _______ 3.7 _____ _____ _______ 3.8 _____ _____ _______ 3.9 _____ _____ _______ 4.0 _____ _____ _______ 4.1 _____ _____ _______ 4.2 _____ _____ _______ 4.3 _____ _____ _______ 4.4 _____ _____ _______

4.5 _____ _____ _______

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SECTION YES NO VENDOR INITIAL

4.6 _____ _____ _______ 4.7 _____ _____ _______ 4.8 _____ _____ _______ 4.9 _____ _____ _______ 4.10 _____ _____ _______ 5.0 _____ _____ _______ 5.1 _____ _____ _______ 5.2 _____ _____ _______ 5.3 _____ _____ _______ CONTRACT TERMS AND CONDITIONS (Appendix III) SECTION YES NO VENDOR INITIAL 1 _____ _____ _______ 2 _____ _____ _______ 3 _____ _____ _______ 4 _____ _____ _______ 5 _____ _____ _______ 6 _____ _____ _______ 7 _____ _____ _______ 8 _____ _____ _______ 9 _____ _____ _______ 10 _____ _____ _______ 11 _____ _____ _______

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SECTION YES NO VENDOR INITIAL 12 _____ _____ _______ 13 _____ _____ _______ 14 _____ _____ _______ 15 _____ _____ _______ 16 _____ _____ _______ 17 _____ _____ _______ 18 _____ _____ _______ 19 _____ _____ _______ 20 _____ _____ _______ 21 _____ _____ _______ 22 _____ _____ _______ 23 _____ _____ _______ 24 _____ _____ _______ 25 _____ _____ _______ 26 _____ _____ _______ 27 _____ _____ _______ 28 _____ _____ _______ 29 _____ _____ _______ 30 _____ _____ _______ 31 _____ _____ _______ 32 _____ _____ _______ 33 _____ _____ _______

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SECTION YES NO VENDOR INITIAL 34 _____ _____ _______ 35 _____ _____ _______ 36 _____ _____ _______ 37 _____ _____ _______ 38 _____ _____ _______ 39 _____ _____ _______ 40 _____ _____ _______ 41 _____ _____ _______ 42 _____ _____ _______ 43 _____ _____ _______ 44 _____ _____ _______ 45 _____ _____ _______ 46 _____ _____ _______ 47 _____ _____ _______ VENDOR COMPANY NAME________________________________________

AUTHORIZED SIGNATURE________________________________________

TITLE__________________________________________________________

DATE__________________________________________________________

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APPENDIX II

CERTIFICATE OF NON-SEGREGATED FACILITIES

We,______________________________________________________________________ certify to the Florida International University that we do not and will not maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not and will not permit our employees to perform their services, under our control, where segregated facilities are maintained. We understand and agree that a breach of this certification is a violation of the Equal Opportunity clause required by Executive order 11246 of 24 September 1965.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash room, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise.

We, further, agree that (except where we have obtained identical certifications from proposed subcontractors for specific time periods) we will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that we will retain such certification in our files; and that we will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted certifications for specific time periods):

NOTE TO PROSPECTIVE SUBCONTRATORS OR REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES. A Certificate of Non-segregated Facilities, as required by the 9 May 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, 19 May 1967), must be submitted prior to the award of a sub-contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each sub-contract or for all subcontracts during a period (i.e. quarterly, semiannually, or annually).

NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C. 1001.

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APPENDIX II

CERTIFICATE OF NON-SEGREGATED FACILITIES

SUBPART - VENDOR'S AGREEMENTS

During the performance of this contract, the Vendor agrees as follows:

(1) The Vendor will not discriminate against any employee or applicant for employment because of face, color, religion, sex, or national origin. The Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

(3) The Vendor will send to each labor union or representative of workers with which the Vendor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Vendor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of notice in conspicuous places available to employees and applicants for employment.

(4) The Vendor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Vendor will furnish all information and reports required by Executive order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

(6) In the event of the Vendor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Vendor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and

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remedies invoiced as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Vendor will include the provision of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Vendor will take such action with respect to any subcontract or purchase orders the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Vendor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Vendor may request the United States to enter into such litigation to protect the interest of the United States.

SEC. 402 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era:

(1) The Vendor agrees to comply with the affirmative action clause and regulation published by the US Department of Labor implementing Section 402 of the Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, and Executive Order 11701, which are incorporated in this certificate by reference.

 

VENDOR COMPANY NAME________________________________________

AUTHORIZED SIGNATURE________________________________________

TITLE__________________________________________________________

DATE__________________________________________________________

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APPENDIX III

NOTE: Do Not Execute. This is a form lease which contains general terms and conditions required by the FIU Board Of Trustees. This form is subject to change based upon negotiations and other terms and conditions, which may be required by the FIU Board Of Trustees in order to consummate a transaction.

LEASE AGREEMENT

THIS LEASE AGREEMENT (the “Lease”) is made and entered into this day of ____________________, 20_____ A.D. between , a ______________________ located at ___________________ (the “Landlord”), and THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, on behalf of Florida International University (the “Tenant”) whose business address is Florida International University, 11200 S.W. 8th Street, Miami, Florida 33199. Landlord’s Federal Identification Number (FEIN or SS) is .

WITNESSETH:

1. DEMISE/PREMISES

The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions set forth below, those certain premises in __________________ Florida, described as follows: (City) (County)

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE (the “Premises”). The Premises shall contain an aggregate of _______ square feet of net rentable space measured in accordance with the State of Florida Board of Governors (BOG) Regulation 17.001(3) [2009] (copy attached) and which comprises approximately ____ % square feet in the ___________building at the rate of $______________ per square foot per year. The Landlord shall also provide (_____) parking spaces for the non-exclusive use of the Tenant as part of this Lease Agreement. 2. TERM The initial term of this Lease shall be for a period of ___________ years, commencing on ______________ and ending on _____________________________. [IF APPLICABLE: The Landlord hereby grants the Tenant ________option(s) to renew this Lease for a period of _______________years [each] on the same terms and conditions provided herein. If the Tenant desires to exercise [this/these] option(s), it shall so notify the Landlord no later than thirty (30) days prior to the date the original term or applicable renewal term expires.] For purposes hereof, the “Term” means the original term and all renewal and extension terms. 3. DOCUMENTS

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This Lease is a result of a Competitive Solicitation, Invitation to Negotiate Number: ITN ____, as provided in Addendum 4, which is hereby attached as Exhibit I and incorporated by reference. The Landlord’s Response to the ITN is attached as Exhibit II and incorporated by reference. The Landlord will provide the services per the terms and conditions described herein, and in the Competitive Solicitation, attached and incorporated as Exhibit I, and Landlord’s Solicitation Response, attached and incorporated as Exhibit II. (Note, Landlord is also referred to as “Vendor” and “Successful Vendor” in Exhibits I and II.) In the event of conflict between or among terms and conditions in documents pertaining to the Services, such documents shall govern in the following order of precedence: First, this document; Second, the Competitive Solicitation; and Third, the Landlord’s Solicitation Response.

4. RENT PAYMENT

Tenant agrees to pay to the Landlord the sum of (______) per month as rent during the Term. The rent for any partial month shall be prorated on the basis of a thirty (30) day month. The rent shall be payable monthly, in arrears, pursuant to FIU Regulation FIU-2202. If a payment is not issued within 40 days of receipt of a proper invoice and receipt and inspection and approval of the goods and services, Tenant will pay to the Landlord, in addition to the amount of the invoice, an interest penalty at the rate established pursuant to Section 55.03(1) Florida Statues, provided the interest penalty is in excess of one dollar ($1.00). A Vendor Ombudsman has been established within the Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment from FIU. The Vendor Ombudsman may be contacted at (305) 348-2101.The rent shall be paid to the Landlord at:

_____ .

5. SALES TAXES

Landlord shall pay any federal, state or local sales or other taxes upon the rents payable hereunder.

6. HEATING, AIR-CONDITIONING, JANITORIAL AND PEST CONTROL SERVICES

The Landlord, at Landlord’s expense, shall furnish the following equipment and services to Tenant’s Premises throughout the Lease Term:

(a) heating and air conditioning equipment which shall be operated and maintained by Landlord in satisfactory operating condition;

(b) janitorial services and all necessary janitorial supplies, including but not limited to, the provision of trash disposal; and,

(c) pest control services.

7. MAINTENANCE AND REPAIRS

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Landlord, at Landlord’s expense shall maintain the Premises in good condition and repair throughout the Lease term. This shall include, but not be limited to, the requirement that Landlord maintain, repair and replace as necessary, all portions of the Premises, including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways, sidewalks, carpeting, paint and other interior elements.

8. UTILITIES

The Landlord shall provide and promptly pay for all utilities required by Tenant for its use and operation of the Premises, including but not limited to, gas, heat, water, sewer, power and electricity.

9. SECURITY

The Landlord, at Landlord’s expense, shall be responsible for providing sufficient security for the Premises at all times during Tenant’s use and operations.

10. TENANT’S PROPERTY

All equipment, inventory, trade fixtures, and other property owned by the Tenant and located in the Premises shall remain the personal property of the Tenant and shall be exempt from the claims of the Landlord or any mortgagee or lienholder of the Landlord without regard to the means by which they are installed or attached. The Landlord specifically waives any statutory or common law landlord’s lien and any and all rights granted under present or future laws to levy or distrain for rent against the aforesaid property of Tenant on the Premises.

11. COMPLIANCE WITH LAW

The Landlord represents and warrants that the Premises comply with all laws, rules and regulations applicable thereto, including, but not limited to, environmental compliance, fire safety, life safety and disabled access standards applicable to University owned or leased buildings. In addition, Landlord shall be responsible for causing the Premises to comply with all hereinafter enacted laws, rules and regulations applicable thereto. The Landlord agrees that the Premises shall be available for inspection by the State Fire Marshall or other applicable authority, prior to occupancy by the Tenant, and at any reasonable time thereafter.

12. ALTERATIONS

The Tenant shall not make any structural alterations or alterations to the Premises, without having first obtained Landlord’s written consent, which consent will not be unreasonably withheld, qualified or delayed.

13. CASUALTY

In the event the Premises are damaged or destroyed by fire, lightning, storm or other casualty, the Landlord shall, within ninety (90) days following the casualty, repair or rebuild the Premises to their condition immediately prior to such casualty, at its own cost and expense.

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Notwithstanding anything herein to the contrary, in the following events, the Landlord shall have the right to terminate this Lease, effective as of the date of the casualty, by written notice to the Tenant within sixty (60) days following such casualty: (i) the Premises are substantially damaged (i.e. repair costs exceed $100,000.00) within the last one hundred eighty (180) days of the original term and the Tenant does not exercise its renewal option; or (ii) the Premises are substantially damaged (i.e., repair costs exceed $100,000.00) and the damage is not covered by the Landlord’s insurance.

Notwithstanding anything herein to the contrary, in any of the following events, the Tenant shall have the right to terminate this Lease, effective as of the date of the casualty: (i) the Premises are damaged to an extent that repair cannot be or is not completed within ninety (90) days following the casualty; (ii) the Premises are substantially damaged (i.e., repair costs exceed $100,000.00) within the last one hundred eighty (180) days of the then current term; or (iii) the common areas, if any, are damaged resulting in a material interference with the operations of or access to the Tenant’s business, and repair cannot be or is not completed within ninety (90) days following the casualty.

In the event this Lease is not terminated, the rent shall be reduced during the period of repair or restoration to the extent the Premises are rendered unusable by the Tenant, in the Tenant’s reasonable judgment, in the conduct of its business. Such abatement shall continue until the earlier to occur of (a) the date the Tenant reopens for business; or (b) thirty (30) calendar days after substantial completion of Landlord’s repair or restoration work.

The Landlord shall provide for fire protection during the Term in accordance with the fire safety standards of the authority having jurisdiction over this area which may include but not be limited to the State Fire Marshal. The Landlord shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the applicable Building and Fire Safety Codes and the authority having jurisdiction thereof.

14. TAKING

If by any lawful authority through condemnation or under the power of eminent domain: (a) the whole of the Premises shall be taken; (b) less than the entire Premises shall be taken, but the remainder of the Premises are not, in the Tenant’s sole judgment, fit for the Tenant to carry on its business therein; (c) the Tenant determines, in its reasonable judgment, that after such taking adequate parking space will not be available near the Premises; (d) there is any substantial impairment of ingress or egress from or to the Premises; or (e) all or any portion of the common areas, if any, shall be taken resulting in a material interference with the operations of the Tenant’s business, then in any such event, the Tenant may terminate this Lease, effective as of the date of such taking, and the rent shall be prorated as of the date of such termination.

Unless this Lease is canceled as above provided, commencing with the date possession is acquired by the condemning authority the rent shall be reduced in proportion to the ratio that the value of the Premises immediately following such taking bears to the value of the Premises immediately prior to such taking, and Landlord shall restore the Premises, at Landlord’s cost and expense, to a complete architectural unit. During such restoration the rent shall be abated to the extent the Premises are rendered untenantable.

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All compensation awarded or paid in any such eminent domain proceeding shall belong to and be the property of the Landlord without any participation by the Tenant except that nothing contained herein shall preclude the Tenant from prosecuting any claim directly against the condemning authority in such eminent domain proceeding for the value of its leasehold estate (if the Lease terminates), its relocation costs, its unamortized leasehold improvements and trade fixtures, loss of business and the like.

15. EXPIRATION OF TERM

At the expiration of the Term the Tenant will peaceably yield up to the Landlord the Premises in good order and condition, ordinary wear and tear, damage from casualty and condemnation excepted. It is understood and agreed between the parties that the Tenant shall have the right to remove from the Premises all fixtures, machinery, equipment, appurtenances, appliances and other personal property placed or installed on the Premises by Tenant. The Tenant shall repair any damage caused by such removal.

16. SUBLETTING AND ASSIGNMENT

Tenant shall not assign or transfer its interest in this Lease or sublet the Premises without Landlord’s consent, which shall not be unreasonably withheld, qualified or delayed.

17. ESTOPPEL CERTIFICATES

Within twenty (20) days after request by either party, but no more frequently than once per calendar year, the other party agrees to deliver a certificate certifying (a) the time periods through which rent has been paid; (b) that this Lease is in full force and effect; (c) that there are no defenses or offsets to its obligations hereunder (or stating those that are claimed); and (d) as to such other matters as the first party may reasonably request. Tenant shall further, in the event of any foreclosure, attorn to the purchaser as a Landlord under this Lease.

18. SUBORDINATION/NON-DISTURBANCE

This Lease shall be subject and subordinate to any mortgages, leases, or other instruments, now or hereafter constituting a lien upon the Premises from time to time on the condition that the holder of such mortgage, lease, or other instrument shall agree in writing that in the event of foreclosure of such mortgage/instrument or termination of such lease/instrument, Tenant shall remain undisturbed under this Lease so long as Tenant complies with all of Tenant’s obligations hereunder. No later than _____ days prior to the commencement of the Lease term, Landlord shall provide Tenant with written list of any and all mortgages, leases, or other instruments, which constitute a lien on the Premises.

19. ACKNOWLEDGMENT OF ASSIGNMENT

The Tenant, upon the request of the Landlord, shall execute an acknowledgment or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Landlord to any third person, firm or corporation, provided that the Landlord will not make such request unless required to do so by the Mortgagee under a mortgage, or mortgages, executed by

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the Landlord. This provision shall be subject to the requirement that Tenant shall remain undisturbed under this Lease.

20. USE OF PREMISES

The Tenant is authorized to use the Premises for educational and administrative purposes, which shall include but not be limited to, the conduct of classes and presentations for Tenant’s students; to serve, or have served by a third party, meals/food to Tenant’s students, faculty, and/or staff; and to operate offices to administer the educational programs. The Landlord represents that the Premises may be used for Tenant’s intended purposes. Tenant may also use the Premises for any other lawful purpose. Tenant reserves the right to set its own hours and days of operation so long as such hours and days of operation do not violate applicable municipal regulations and Landlord is properly advised in writing of any hours outside of normal business operating hours.

21. HAZARDOUS MATERIAL

Landlord represents and warrants to Tenant that to the best knowledge of Landlord, the Premises are free and clear of Hazardous Materials. For the purposes of this Lease, “Hazardous Materials” means substances regulated under federal law or by the laws of the state or municipality, in which the Premises are located, and including but not limited to asbestos and petroleum-related products. Tenant shall not be responsible for any Hazardous Materials located on the Premises at the time Landlord delivers possession of the Premises to Tenant.

22. RIGHT OF LANDLORD TO INSPECT

The Landlord, upon reasonable prior notice, may enter into and upon the Premises during regular business hours for the purposes of inspecting the same and making any repairs as it is required to make under this Lease.

23. BREACH

If the Tenant shall fail to perform or observe any covenant herein contained which is on the Tenant’s part is to be performed, and such failure shall continue for a period of thirty (30) days after the receipt of written notice thereof from the Landlord to the Tenant, then the Landlord lawfully may seek and enforce any lawful remedies to which it may be entitled.

If Landlord fails to perform any of its obligations under this Lease, within thirty (30) days after receipt of notice of such failure from Tenant (except in the event of an emergency, in which case only reasonable notice shall be required), then Tenant may, at Tenant’s option: (1) cure such violation in Landlord’s behalf and offset the cost thereof against the rent; or (2) seek and enforce any other lawful remedies to which it may be entitled.

24. TAXES AND INSURANCE

The Landlord shall pay all real estate taxes, public charges and assessments assessed or imposed upon the Premises. The Landlord shall carry property insurance on the Premises with Causes of Loss-Special Form coverage at full replacement value and commercial general liability insurance. Landlord’s insurer shall be licensed to do business in the State of Florida and have a

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minimum A.M. Best’s financial rating of A-/VII. Landlord shall provide Tenant with the appropriate insurance certificates confirming the existence of all required insurance coverage. The Landlord agrees to defend and indemnify the Tenant for losses that occur in the common area of the Premises owned/controlled by the Landlord. The Landlord hereby waives all rights to recover against the Tenant for any loss or damage arising from any cause that would be covered by the insurance required by this Lease or actually carried by the Landlord. The Landlord will cause its insurer to issue appropriate waiver of subrogation rights endorsements and supply the Tenant with appropriate information from its insurer confirming such waiver to be in effect. The Landlord will reimburse the Tenant at replacement value for damages to Tenant property as a result of the Landlord’s negligence.

The Tenant is a self-insured entity with a general liability risk management program including the administration of general liability claims, settlement of claims, a claims prevention program and trust fund pursuant to Florida law. The Tenant agrees to secure and keep in full force and effect and throughout the term of this Agreement at Tenant’s sole cost and expense the insurance program pursuant to Florida law. Upon the request of the Landlord, Tenant will provide Landlord with proof of self-insurance.

25. AVAILABILITY OF FUNDS

The obligations of the Tenant under this Lease are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida and/or the allotment of funds through contractor or grant programs.

26. NOT CONSENT TO SUE

The provisions, terms, or conditions of this Lease shall not be construed as a consent of the State of Florida to be sued because of said leasehold, or as a waiver of Tenant’s sovereign immunity.

27. NO CONSTRUCTION AGAINST PREPARER

This Lease has been prepared by Tenant and reviewed by Landlord. Tenant and Landlord believe that this Lease is the product of their efforts, that it expresses their agreement, and that it should not be interpreted in favor of either Tenant or Landlord or against either Tenant or Landlord merely because of their efforts in preparing it.

28. RIGHT TO TERMINATE

The Tenant has the right to terminate this Lease, without penalty, in the event a State-owned building becomes available to the Tenant for occupancy during the Term for the purposes for which this space is being leased, upon giving thirty (30) days written notice to the Landlord.

29. UNILATERAL CANCELLATION

This Lease may be unilaterally cancelled at any time by Tenant for refusal by Landlord to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by Landlord in conjunction with this Lease.

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30. NOTICES AND INVOICES

All notices required to be served upon the Landlord shall be served by registered or certified mail return receipt requested or hand-delivery with evidence of receipt thereof at:

Attention:____________________________ ____________________________________ Street

City State Zip All notices required to be served on the Tenant shall be served by registered or certified mail, return receipt requested or by hand-delivery with evidence of receipt thereof at:

Florida International University__________

Attention: Jimmy Carmenate__ _ _____

11200 S.W. 8th Street, CSC 411_________ Street Miami, FL 33199 ___________ City State Zip

Invoices, in triplicate, shall be submitted monthly to:

Florida International University__________

Attention: Accounts Payable______ _____

11200 S.W. 8th Street, CSC 311_________ Street Miami, FL 33199 ___________ City State Zip

31. COVENANT OF QUIET ENJOYMENT

Landlord warrants that if Tenant shall pay all rent as provided herein to be paid by Tenant and perform all the covenants of the Lease to be performed by Tenant, then Tenant shall, during the Term hereof, freely, peaceably and quietly occupy and enjoy the full possession of the Premises, together with all appurtenances and all other rights and privileges herein granted, without hindrance or interruption by Landlord or any other person(s). Notwithstanding anything to the contrary contained herein, in the event Tenant’s quiet enjoyment of the Premises is disturbed, then, in addition to any other remedies available to Tenant hereunder or at law or in equity, Tenant shall be entitled to an equitable proration of the rent Tenant is required to pay hereunder according to the duration of the disturbance.

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32. HOLDOVER

If Tenant fails to surrender the possession of the Premises at the expiration or termination of this Lease, Tenant shall pay, as holdover rent, an amount equal to the rent prorated for each day that Tenant fails to surrender possession of the Premises, and this Lease shall thereafter continue on a month-to-month basis, terminable by either party upon thirty (30) days’ notice.

33. APPLICABLE LAWS

Notwithstanding any provision in this Lease to the contrary, this Lease shall be subject to and must be in conformance with all applicable federal, state, local, Board of Governor’s and FIU regulations, policies and/or procedures, including but not limited to BOG Regulation 17.001. Each party shall comply with all applicable local, state and federal laws, rules and regulations, as well as any and all governing agencies, pertaining to this Lease.

34. GOVERNING LAW/VENUE

This Lease shall be construed according to the laws of the State of Florida and the venue of any action under this Lease shall be in Miami-Dade County, Florida.

35. SHORT FORM LEASE

Each party hereto agrees, on the request of the other party and at the expense of the requesting party, to execute a short form or memorandum of lease in recordable form.

36. EXHIBITS

Any and all Exhibits and Attachments referenced in this Agreement are incorporated into this Agreement by such reference.

37. THIRD PARTY BENEFICIARIES

There are no third party beneficiaries to this Agreement.

38. SEVERABILITY.

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect.

39. ENTIRE AGREEMENT.

This Lease and all exhibits and attachments attached hereto, contain the entire and complete understanding and agreement between the parties pertaining to the subject matter herein, and supersedes any and all prior agreements or understandings, whether oral or written, relating to the subject matter hereof.

40. AMENDMENTS.

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This Agreement may be amended or modified by mutual consent of the parties, provided any and all such amendments or modifications shall be in writing and signed by authorized representatives of both parties.

41. WAIVER.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any provision of this Agreement shall be effective, unless in writing and signed by the party to be charged. No delay in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such breach.

42. COUNTERPARTS

This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same Lease.

43. INDEPENDENT CONTRACTOR STATUS

It is mutually understood and agreed that the relationship between the parties shall be that of independent entities contracting with each other at arms length towards an independent contractor relationship. This Lease does not and shall not be construed to create the relationship of agent, employee, partnership, joint venture or association between the parties.

44. FORCE MAJUERE

Neither party shall be liable to the other party for any interruption, failure, inability, or delay to perform hereunder, if such failure, inability, or delay is due to any cause beyond the reasonable control of the party so failing, including without limitation, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, or labor dispute, or inability to access necessary supplies, and due diligence is used in curing such cause and in resuming performance.

45. BINDING LEASE

This Lease shall be binding upon and shall inure to the benefit of, the parties and their respective representatives, successors and permitted assigns.

46. RADON GAS DISCLOSURE

Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Miami-Dade County, Florida public health unit.

47. CLARIFICATIONS/NEGOTIATED POINTS:

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__________________________________________

IN WITNESS WHEREOF, the parties hereto have hereunto executed this Lease Agreement for the purpose herein expressed, the day and year signed below.

ORIGINAL SIGNATURE REQUESTED ON ALL COPIES

If Landlord is an individual:

Signed, Sealed and Delivered in the presence of:

LANDLORD:

______________________________________

(seal)

______________________________________ WITNESS

______________________________________

(seal)

______________________________________ WITNESS

If Landlord is a corporation:

Signed, sealed and delivered in the presence of:

NAME OF CORPORATION: ______________________________________

BY:

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____________________________________ ITS PRESIDENT

(Corp. seal)

_____________________________________ WITNESS ATTEST: _____________________________________ ITS SECRETARY _____________________________________ WITNESS

Signed, sealed and delivered in the presence of:

TENANT: THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES

BY: ______________________________________ UNIVERSITY PRESIDENT OR AUTHORIZED DESIGNEE

______________________________________ WITNESS

_______________________________________ WITNESS

APPROVED AS TO FORM AND LEGALITY SUBJECT ONLY TO FULL AND PROPER EXECUTION BY THE

PARTIES AND SUBJECT TO COMPLIANCE WITH APPLICABLE FIU REGULATIONS FOR LEASES OF 5,000

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SQUARE FEET OR MORE. OFFICE OF THE GENERAL COUNSEL FLORIDA INTERNATIONAL UNIVERSITY

BY:____________________________________________

APPROVAL DATE:______________________________

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ITN 90-006: Lease for Classroom and Office Space in Downtown or Brickell Area, Miami EXHIBIT A

Map of Downtown Miami and Brickell areas with boundaries

EXHIBIT B

11

COMMISSION AGREEMENT LEASE TRANSACTION

The undersigned Owner and Cushman & Wakefield of Florida, Inc. ("C&W") agree that in the event of the consummation of a lease, and the execution and delivery thereof, at the property located at , Florida, (the "Property"), between , as Owner, and , as Tenant, Owner will pay to C&W a brokerage commission as follows: 1. COMMISSION: If the Owner and Tenant enter into a lease of all or any portion of the Property,

Owner will pay to C&W a commission in accordance with the attached Schedule of Commissions.

2. PROPERTY INFORMATION: Owner represents that it has no knowledge of toxic, contaminated

or hazardous substances, or defective conditions, at the Property except as Owner has informed C&W in writing. Owner authorizes C&W to transmit such information to the Tenant.

3. AUTHORITY: Owner represents that it is the owner of the Property and/or has the full right,

power and authority to execute this Agreement and to consummate a transaction as provided herein, and to perform Owner's obligations hereunder. The individuals signing this Agreement represent that they are authorized signatories.

4. PROFESSIONAL ADVICE: C&W recommends that the Owner obtain legal, tax or other

professional advice relating to this Agreement and the proposed lease of the Property, including, but not limited to, the Property's improvements, equipment, soil, tenancies, title, environmental aspects and compliance with the Americans with Disabilities Act. C&W will have no obligation to investigate any such matters unless expressly otherwise agreed to in writing by Owner and C&W. Owner further agrees that in determining the financial soundness of Tenant, Owner will rely solely upon Owner's own investigation and evaluation, notwithstanding C&W's assistance in gathering any financial information.

5. SURVIVAL: This Agreement is binding upon the parties hereto and their respective successors

and assigns. The terms "Owner" and "Tenant" include affiliates, successors, assigns and nominees.

6. ENTIRE AGREEMENT; FEES & EXPENSES: This Agreement constitutes the entire agreement

between Owner and C&W and supersedes all prior discussions. No modifications of this Agreement will be effective unless made in writing and signed by both Owner and C&W. Owner acknowledges receipt of a copy of this Agreement and the Schedule of Commissions. If either party institutes legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and other costs so incurred. Any portion of a commission not paid to C&W when due will bear interest from the due date until paid at the legal rate of interest.

[INSERT OWNER’S NAME] CUSHMAN & WAKEFIELD OF FLORIDA, INC. By: By: Name: Name: Title: Title: Address Address Date: Date:

EXHIBIT B

A

CUSHMAN & WAKEFIELD OF FLORIDA, INC. ("C&W") SCHEDULE OF COMMISSION RATES AND CONDITIONS

ON LEASE TRANSACTIONS IN THE FLORIDA AREA RATES Four percent (4%) of the aggregate gross rental for the entire lease term. CONDITIONS 1. Renewals, Extensions or Expansions If, at any time: (I) the term of a lease is renewed or extended whether pursuant to any option(s) or right(s)

contained in the lease or not; or (ii) a tenant leases other or additional space(s) from landlord whether pursuant to any option(s) or right(s) contained in the lease or not; then, and in any such event, landlord shall pay to C&W additional commission(s) based on the aggregate gross rental for the renewal or extension term(s) or for such other or additional space(s). Any such additional commissions shall be paid at the time of commencement of the renewal or extension term, or the commencement of the term of the lease of other or additional space.

2. Purchase by Tenant

If tenant purchases the property during the term of the lease, whether or not pursuant to an option or right to purchase contained in the lease, landlord will pay to C&W, upon closing of the transaction, a sales commission equal to five percent (5%) of the total sales price. If the sale occurs during a period of the lease term for which C&W has been paid a leasing commission, the portion of C&W’S share of the leasing commission attributable to the unexpired portion of the term will be credited against the sales commission. C&W will not be required to make a refund should the sales commission be less than the amount of the credit.

3. Cancellation Clauses Where the landlord and/or the tenant has the right to cancel a lease at a time subsequent to the execution and

delivery of the lease, C&W shall be paid a commission for the entire lease term as though such right to cancel did not exist.

4. Net Leases

Should there be a clause in a lease whereby a tenant is obligated to pay the real property taxes, utilities, costs of maintaining or operating the property at which the lease is made, insurance and/or landlord’s mortgage interest, such items shall be considered as rent on which C&W’S commission is payable. In making the computation, the amounts of such items for the current year, if fixed, shall be used; if not fixed, the amounts of such items for the previous year shall be used, however, where new construction is involved that portion of the commission applicable thereto shall be computed and paid on the basis of the final tax assessment, actual utility costs, actual operating and maintenance costs, actual insurance costs, and actual mortgage interest on the new building after its completion. It is understood that the amount of such items for the first year of the lease term shall be deemed to be the amount for all subsequent years of the lease term for the purposes of computing the commission and no subsequent increases shall be subject to commission.

5. Computation of Commissions Commissions shall be computed in accordance with the above rate(s) based upon the aggregate gross rental

set forth in the lease, including rental attributable to rent increases (but not tax or operating expense escalations) and to additional space required to be leased by tenant pursuant to the lease. If a rental concession is made by landlord allowing tenant not to pay rent for any period during the lease term, then the commission shall be calculated on the average annual rental for the entire term with the first year being deemed to commence on the first day of the lease term whether or not rent is payable. The average annual rental will be calculated by taking the aggregate gross rental for the entire lease term, subtracting rent abatement and dividing by the total number of years in the lease term. Except for rent abatement, there shall be no other offsets against aggregate gross rental for purposes of calculating the commission. If rental concessions are granted in lieu of landlord performing building standard construction or alteration work, there shall be no deduction from the aggregate gross rental set forth in the lease.

6. Time of Payment The commission shall be earned, due, and payable in full upon the execution and delivery of the lease

between the landlord and the tenant. 7. Miscellaneous

(a) In the event of a sale, conveyance or other disposition of any portion of the landlord’s interest in the property at which the lease is made, the landlord shall remain responsible to pay C&W the commissions due and which may become due hereunder, and, in addition, landlord shall obtain from the grantee of its interest and deliver to C&W an agreement, in form and substance and from a party reasonably acceptable to C&W, whereby the grantee assumes landlord’s obligations hereunder.

(b) In the event that Landlord shall fail to pay any commission or installment thereof on the date

same is due hereunder, then and thereupon landlord hereby assigns to C&W the right to receive all rentals payable by the tenant pursuant to the lease until such commission or installment thereof is paid in full. Landlord agrees that the lease will contain a provision confirming landlord’s aforesaid assignment to In the event that such assignment shall become effective, C&W shall have the right to direct the tenant to remit all assigned rentals directly to C&W. If landlord shall receive any such rentals, then landlord shall forthwith remit such amounts to C&W.

EXHIBIT B

A

(c) The Florida Commercial Real Estate Leasing Commission Lien Act provides that when a

broker has earned a commission by performing licensed services under a brokerage agreement with Owner, the broker may claim a lien against Owner’s interest in the Property for the broker’s commission. The broker’s lien rights under the act cannot be waived before the commission is earned.

(d) Notwithstanding anything contained herein to the contrary, Owner agrees to place into

escrow with [INSERT ESCROW AGENT] (the "Escrow Agent") the entire amount of the commission due hereunder at the time of the execution of the lease between Owner and Tenant. Owner and C&W agree that if, as and when the commission becomes due and payable to C&W hereunder, C&W shall notify Escrow Agent of same and Escrow Agent without need of any further instruction shall release to C&W immediately the amount of the commission so due

ITN 90-006: Lease for Classroom and Office Space in Downtown or Brickell Area, Miami

EXHIBIT C

In addition to, separate from and exclusive of the Tenant Improvements, the Landlord, at its sole cost and expense without passthroughs to Tenant, shall provide Tenant with the following minimum base building standard improvements and services for the Premises (initial Premises, Hold Space, Expansion Space, Right of First Offer Space, or other space leased by Tenant during the Lease Term or the Option Terms as defined in the Lease to which this Exhibit is attached) and all Common Areas. Such improvements and services described below constitute the "Base Building" and will be referenced as an exhibit in the Lease. A. GENERAL REQUIREMENTS

1. Upon the relevant Commencement Date, or date the initial improvements to the Premises begin, whichever is the earliest, the Base Building shall, in order to allow Tenant to complete construction and obtain a Certificate of Occupancy (or its equivalent) for the applicable space be in complete compliance with:

(a) All applicable local, state and federal fire and building codes and

regulations. (b) American with Disabilities Act and Handicap regulations.

2. In conjunction with delivery of the Premises in Tenant Improvements Readiness

Condition, Landlord shall provide all areas within the Premises in broom clean condition and all systems serving the Premises or within the Premises shall be in good working order.

B. CONCRETE FLOORS

1. The concrete floors shall be prepped and ready to accept Tenant's carpeting and hard surface floor covering in accordance with manufacture instructions without further treatment.

2. Floor flatness within the Premises shall have a finish with a tolerance of ⅛” inch

in ten feet is non cumulative. If required floor slabs will be flash patched to achieve a level and smooth surface.

3. All vertical penetrations shall be sealed and fireproofed.

C. BASE BUILDING DOCUMENTATION

1. Upon execution of Lease or prior to the commencement of the preparation of construction documents for the initial improvements of the Premises, whichever is earlier. Landlord shall deliver to Tenant, (and warrant the accuracy of), the following Base Building drawing/documents.

(a) A dimensional outline floor plan at a minimum scale of 1/8” = l’ (b) Structural drawings showing the size and layout of the framing members

and any embedded steel for the floor, the floor(s) immediately above and below the premises, and the floor loading information.

(c) Mechanical As-Built documents/drawings which provide the following

information:

(1) Base Building heating and cooling loads and insulation information as reasonably required for load calculations of Tenant’s HVAC system.

(2) Ductwork and piping as built documents for Base Building. (3) Base Building automation and controls. (4) Primary air distribution ductwork - Loop per code. (5) Sprinkler system for an open floor plan. (6) Base Building heating, cooling and ventilation systems details. (7) Base Building water supply, drainage systems and access for Tenant

construction. (8) Plumbing waste, vent and water connection with invert elevation. (9) Fire hose cabinets. (10) Access to auxiliary condenser or chilled water system. (11) Building standards for Tenant HVAC systems (VAV boxes,

thermostats, etc.).

(e) Electrical As-Built Drawings/Documents showing that the following:

(l) Building single line diagram, panel schedules and fire alarm riser diagram.

(2) Fire detection and fire warning systems drawing for Base Building

and tenant areas.

(3) Electrical panels as existing schedules and telephone backboard locations.

(4) Embedded conduit in slab on Tenant floor. (5) Lighting and power for the Premises and core areas. (6) Load calculations showing 120V and 277V capacity available for

Premises. (7) Emergency and security systems details. (8) Lighting controls. (9) Building standards for light fixtures and general use receptacles.

(f) All documents shall be provided to Tenant on CADD.

D. COMMON AREAS, COLUMNS, PERIMETER CONDITIONS AND BUILDING

CORE

1. All work in common areas of the Building including, but not limited to, common corridors and common elevator lobbies shall be completed.

2. As to initial Premises: the inside face perimeters, interior columns, and Tenant

side of core walls shall be dry-walled, insulated, spackled, finished, taped and sanded from slab to finish ceiling , ready to accept paint.

3. The Landlord shall provide the demising partitions between tenants which shall

include studs, acoustical insulation and dry wall ready for finish on tenant side only and any necessary penetrations, fire dampers, etc.

E. PERIMETER WINDOW COVERINGS

1. Tenant and Landlord shall select a mutually acceptable window blind system that shall become the Building standard and Landlord shall supply and install the system for all exterior windows.

F. TOILET ROOMS

1. Women's and men's toilet rooms, on the floor(s) occupied by Tenant, shall be designed and constructed in compliance with current code requirements, laws and recommendations for size and quantity in conformance wit Tenant’s Permitted Use, including the Americans with Disabilities Act.

G. HVAC SYSTEM

1. Landlord, at its sole cost and expense, shall provide and operate a first class

quality heating, ventilating and air conditioning (HVAC) System with service available on a year round basis in all occupied areas of the building Tenant shall be permitted to use after-hours HVAC service, at no added cost.

2. The Base Building HVAC system servicing Tenant’s premises shall be designed to conform with Tenant’s Permitted Use. Tenant’s engineers shall design the HVAC system servicing Tenant Premises which design shall be mutually agreeable by Landlord and Tenant.

H. ELECTRICAL AND POWER SYSTEM (“Electricity Usage Standard”)

1. Landlord shall furnish on the floor(s) occupied by Tenant all metered electrical feeders, transformers, distribution panels and branch circuit breaker panels to support Tenant’s load requirements:

2. Landlord shall furnish, maintain, and install the separate metering or measuring

devices at Landlord’s sole cost. I. LIFE SAFETY SYSTEMS

1. The Base Building shall include safety systems as required by the latest federal, state and local codes, The Americans with Disabilities Act as of the lease commencement date. The complete core fire detection system shall be installed, operating and tested in accordance with NFPA requirements.

2. Complete fire sprinkler loop with points of connection within Tenant space

including a main loop and branch distribution piping, including mains, laterals, drops and heads as requited by local code on each floor (Premises and Building Common Areas).

3. Landlord shall provide capacity only for fire alarm inputs and control outputs and

for fire alarm sounding devices as required to be audible throughout the Premises and strobe light capacity in accordance with current code. Point of connection for fire life safety devices shall be located, within Premises and shall be provided by the Landlord with sufficient capacity to satisfy the requirements of the Tenant’s office space.

J. MISCELLANEOUS

1. Landlord shall not impose any management fees in connection with the design and construction of the tenant improvements.

2. Landlord shall not impose any fee or cost upon Tenant for pre-installed items, systems or improvements.

3. In the event that Tenant elects to use the ceiling plenum space as a return air

plenum, Landlord shall provide evidence that the structure immediately above Tenants ceiling is fire rated in accordance with current state and local codes.

4. Landlord, at Landlord’s sole cost, shall provide on-site parking, electricity, toilet

facilities, loading docks and/or the freight elevator, water, conditioned air and a dumpster location at any time during the construction of the Tenant Improvements, Tenant’s installation and Tenants move into the Premises.

ITN 90-006: Lease for Classroom and Office Space in Downtown or Brickell Area, Miami

EXHIBIT D

Sample U-Shaped Caseroom Layout

 

 

ITN 90-006: Lease for Classroom and Office Space in Downtown or Brickell Area, Miami

ATTACHMENT A

RESPONSE SHEET: ECONOMIC CONSIDERATIONS

1. TENANT IMPROVEMENT ALLOWANCE TOTAL

$ ___________________________

Outline the breakdown of the total Tenant Improvement Allowance at rate per RSF on a separate sheet and attach it to this Attachment A.

2. RENTAL RATE

MONTHLY RENTAL PAYMENTS*

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

*Please include detailed notes regarding any rental concessions.

3. OTHER EXPENSES/FEES: Provide any additional possible expenses or fees to Tenant on a separate sheet and attach it to this Attachment A.