Intent to Respond Notice:

Transcription

1 Intent to Respond Notice: Ref: Bid No.: 2017C-35 Bid Title: 3 rd Party Financing Energy Performance Contracting For companies learning of this solicitation from the Internet, please this form today to the Florida State College at Jacksonville ( FSCJ or College ) Purchasing Department at purchasing@fscj.edu, subject line: Bid No. 2017C-35 due to the possibility of an addendum issued with updated information. This will place your company on the mailing list for any addendums issued by FSCJ. Note: Failure to respond to an addendum issued may result in your bid/proposal response being considered Non-Responsive. Company name: Address: Contact Person: Phone #: Contact: Audrey B. Monroe for additional information if needed. PH: (904) amonroe@fscj.edu ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 0 OF 21

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3 Proposal s Checklist This checklist is for the convenience of the company submitting a proposal and may be used to ensure that sections of the ITB is properly completed and returned. A copy of this sheet will be retained in the College files as a record with your response to this ITB. On the Invitation to Bid (ITB) sheet (Page #2 of this ITB): 1. Company name, mailing address, telephone, FAX number and Federal ID# blocks are all correctly entered on the Invitation To Bid Sheet? 2. Minority Business Enterprise Type # correctly entered? 3. If not submitting a ITB, have you noted No ITB on page #2? Have you stated your reason(s) for not submitting a proposal? 4. Is your ITB proposal signed by an authorized officer of the company submitting this ITB proposal? 5. If you are not a current vendor of Florida State College at Jacksonville, did you go to esupplier.fscj.edu and register as a new supplier? Document Check List to be completed and submitted in Bid Submission: Attachment A W-9 Page 14 Attachment B Drug-Free Workplace Certification Page 15 Attachment C Minority Business Enterprise/Woman Business Enterprise Certificate Page 16 Attachment D Public Entity Crime Sworn Statement Form Page 17 Attachment E Disclosure Of Employee Relationship With Supplier Page 19 Proposals returned unsigned are considered non-responsive and are not eligible for award! Please ensure that your ITB (page 2) is signed by an authorized officer for your company. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 2 OF 21

4 Florida State College at Jacksonville serving over 60,000 students annually in Duval and Nassau Counties is the tenth largest community college in the country. At this time the College has a requirement your company could potentially provide. The College is soliciting sealed bids from financial institutions for Energy Performance Contracting financing. Please review and submit your formal bids by the date and time shown on the cover of this document to: SEALED BID # 2017C-35 Randi Brokvist Executive Director, Purchasing Florida State College at Jacksonville 501 West State Street, Room 305 Jacksonville, FL Please boldly indicate the bid number on the outside of your sealed bid envelope to assist the College internally in identifying your bid. All prices to be quoted are to be FOB destination, freight prepaid. FSCJ is a political subdivision of the State of Florida and as such is exempt from all Federal and State taxes. The College reserves the right to reject any portion or all bids, to resolicit bids or not and to waive informalities as deemed in the best interest of the College. Public bid opening: Florida State College at Jacksonville will conduct a Public bid/proposal opening at 2:00 p.m. on 3/16/2017 at the Colleges Administrative Offices Bldg. Room #305A, 501 West State Street. Sealed bids, proposals, or replies received by the College pursuant to this solicitation will remain confidential and are exempt from Florida s Public Records Act (Ch. 119, Florida Statutes) until such time as the College provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Thereafter, by submitting a response to this solicitation, the proposer acknowledges that all documents and information submitted to the College, including pricing information is considered a public record under Florida s Public Records Act and may be disclosed to third parties upon request notwithstanding any confidentiality clauses or labels contained in such documents. Please direct any inquires to the College contact listed below. Having carefully examined the terms, general conditions, general specifications of this solicitation and special conditions by signing and submitting a bid thereto with the following commitment and agreement: ANTI-COLLUSION STATEMENT: The Bidder by signing and submitting a bid has "not" divulged to, discussed or compared his/her bid with any other Bidders and has not colluded with any other Bidders or parties to a bid whatsoever. (NOTE: Including there have been No premiums, rebates or gratuities paid or permitted with, prior to, or after any delivery or personal contact. Any such violation will result in the cancellation of award of any resulting contract from this bid and the Bidder debarred for not less than three (3) years of doing business with the College.) ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 3 OF 21

5 1.0 Overview 1.01 Florida State College at Jacksonville (College) is soliciting bids from financial institutions, which have had previous experience in Energy Performance Contracting funding which your company may be qualified to submit a formal bid in response to this ITB #2017C To be considered responsive, bidders shall deliver before 2:00 p.m. EST. on 3/16/17 one (1) original hard copy and provide one (1) USB drive that contains all of your documentation included in the original bid in a pdf format. Note: Original bid must be marked ORIGINAL and must have original signatures. Please label the USB drive with the College s name, bid number, and your company s name. (i.e. Copy Acme Bid, to FSCJ) It is the bidder s responsibility to guarantee the USB drive is 100% identical to your original hard copy bid. In the event of a discrepancy, your original hard copy will prevail To be responsive your bid shall be signed by an authorized employee/officer with the authority to bind a contract Any bid submitted shall have percentages firm for at least 60 calendar days from public opening to allow adequate time for the College to evaluate all bids submitted The College reserves the right to reject any or all bids submitted, to resolicit or not and to waive informalities as deemed in the College s best interest. The College also reserves the right to: accept or reject any portion of a bid/proposal, or solicit best and final proposals, or issue request(s) for clarification/information, or reject all proposals without further action, or re-advertise/re-solicit for bids/proposals, or as deemed in the Colleges best interest CONE OF SILENCE: From the time the public advertisement of this ITB takes place until the ITB is awarded and approved by the Board of Trustees, a vendor shall not contact any other college personnel or members of the College s District Board of Trustees, or administrative staff either directly or indirectly, to discuss the selection process in an attempt to further their interest in being selected. Failure to abide by the Cone of Silence is grounds for disqualification from this ITB process and respondent would not receive further consideration reference this ITB. It is the intent of this ITB to have all interested financial agencies submit quotes based on identical data. Any questions concerning the solicitation shall be directed in writing to the Purchasing Department, to Audrey Monroe at amonroe@fscj.edu. Written Question and Clarification submission dead line is as March 1, 2017 at 5:00 p.m. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 4 OF 21

6 1.07 ADDENDA: If necessary, an addendum will be ed or mailed to all who are known by the Purchasing Department to have received a complete set of proposal documents. The College posts all addendums on the Purchasing website at PUBLIC BID OPENING: Florida State College at Jacksonville will conduct a Public proposal opening at 2:00 pm on 3/16/2017 at the College s Administrative Offices Bldg. Room #305A, 501 West State Street. Pursuant to HB 7223/FS the College will not be reading aloud the individual proposed rates/ prices at the Public Opening and only open the individual proposals and publicly announce who a /proposal was received from. Sealed proposals, or replies received by the College pursuant to this solicitation will remain confidential and are exempt from Florida s Public Records Act (Ch. 119, Florida Statutes) until such time as the College provides notice of an intended decision or until 30 days after opening the proposals, or final replies, whichever is earlier. Thereafter, by submitting a response to this solicitation, the proposer acknowledges that all documents and information submitted to the College is considered a public record under Florida s Public Records Act and may be disclosed to third parties upon request notwithstanding any confidentiality clauses or labels contained in such documents BASIS OF AWARD: The College will review responsive bids submitted. The College recommendation for award will be made to that responsive financial institution with the lowest firm fixed interest rate (APR) bid submission in Section PROTESTS: A respondent may only protest a decision or intended decision of the College (including the issuing of specifications and/or awards) resulting from a competitive solicitation for a contract of $65,000 or more. Bid tabulations with recommended awards will be posted on or about 3/27/2017 for review by interested parties on the purchasing web page: unless changed by addendum, and will remain posted for a period of 72 hours (not including Saturdays, Sundays and State Holidays). Please visit the following link to review the College s protest procedures INTERPRETATIONS/PROTESTS: Any questions concerning conditions or specifications shall be directed in writing to the purchasing department. Inquires must reference the date of bid opening and bid number. No interpretations to such questions or inquiries shall be considered binding unless provided in writing by the college PROTEST OF SOLICITATION SPECIFICATIONS: A respondent may only protest a decision or intended decision of the College resulting from a competitive solicitation for a contract of $65,000 or more. To protest the specifications or the terms and conditions contained in this Invitation To Bid (ITB), a written notice that includes the solicitation # and title, together with a brief description of the basis for the protest must be filed with the Executive Director of Purchasing at 501 W. State street, Jacksonville, FL 32202, within 72 hours after receipt of the project solicitation specifications. For purposes of this section, Saturdays, Sundays and state holidays must be excluded in the computations of the 72-hour time period. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 5 OF 21

7 Please visit the following link to review the College s protest procedures PUBLIC ENTITY CRIMES: PURCHASES GREATER THAN $35,000 IN VALUE: As a bidder/proposer our company attests we have not been convicted of a public entity crime of the State of Florida or any federal agency and are not listed in the excluded parties list system (EPLS) maintained by the General Services Administration(GSA). Pursuant to OMB circular A-110,Subpart B, Section 13 a person or affiliate who has been placed on either the federal excluded parties list system or the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid or enter into a contract to provide any goods or services to a public entity, may not submit a bid or enter into a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section , for category two (i.e. $35,000) while on the convicted vendor list. The excluded parties list system can be found at DISCRIMINATION: Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bid on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. This is in accordance with HB 2127, Section 6(3)(a), all invitations to bid, as defined by (11)FS, and any written contract document of the state shall contain a statement informing entities of the discrimination provisions ESupplier INFORMATION: If you are not a current vendor of Florida State College at Jacksonville, you will need to go to Copy and paste this link into your browser, click on esupplier.fscj.edu to sign onto our supplier website, esupplier.fscj.edu. That will take you to the registration portal. Click on New User Account under Not a Bidder or Supplier. This will take you to the registration pages you will fill out. By submitting the College a bid, the winning contractor(s) agrees that the College payment to your company may be made electronically by ACH. The College requires the winning bidder to register on the College s e-supplier online system in order for the College to make payment, which will require your attachment of your completed W-9 form. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 6 OF 21

8 2.00 Existing Conditions 2.01 BACKGROUND: The College is authorized, per Section and Florida Statutes, to enter into guaranteed energy performance contracting agreements (GEPCA). The College identified an opportunity to utilize State of Florida Term Contract (STC) "Energy Savings to minimize its ongoing energy consumption, reduce its energy cost, and complete a significant number of deferred maintenance projects. With the complete GEPCA project being financed by a third party to fund for the implementation of mutually agreed energy saving project(s) that the College could not otherwise be able to fund. Under Florida Statute, the Guaranteed Energy Performance Contract (GEPCA) includes: 1) Investment Grade Technical Energy Audit and Savings Analysis (IGTEASA) and associated generation costs to be completed by an Energy Saving Contractor (ESCO); 2) Guaranteed Energy, Water and Wastewater Performance Savings Agreement(s) (GEWWPSA) consisting of the final combination of Energy Conservation Measure (ECM s) projects agreed upon during negotiations and associated energy savings payback to meet the 20-year Return On Investment (ROI); and 3) Third party financing agreement(s) including all associated financing costs within the guaranteed payback period. On May 16, 2016, the College entered into contract with BGA, Inc, a ConEdison Solutions Company as a qualified Energy Saving Contractor (ESCO) to complete an investment grade technical energy audit and savings analysis (IGTEASA) to identify energy saving project opportunities that they guarantee the College will realize energy savings in a payback period no more than 20 years from the ESCO as a result of the project. Consolidated Edison Solutions, Inc (ConEdison Solutions) is a subsidiary of Consolidated Edison, Inc. (ConEdison, Inc.) and BGA, Inc, a ConEdison Solutions Company is one of America s largest and longestoperating investor-owner energy companies. ConEdison, Inc. is a 191-year old United States based company with assets valued at over $41 billion who s also the oldest continuously listed company on the NYSE (Symbol: ED). BGA, Inc., a ConEdison Solutions Company, (CES) has been a Southeastern United States based operation for close to 29 years since its founding in July of The firm was initially founded to audit all of the K-12 school districts and hospitals in the state under the State of Florida s ICP Grant program (over 1000 audits performed). The core of the Florida based team that performed that work in 1986 are still employed with the firm. The efforts of that team continuously evolved into the substantial ConEdison Solutions Regional operation that exists today, one that delivers performance contracting and design build services for municipal governments, educational and federal agencies such as the USPS and US DOD across the United States executing hundreds of millions of dollars of projects as a team. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 7 OF 21

9 The ESCO over the past 8 months has completed a comprehensive energy audit of the Colleges approximately 3 million square feet of facilities. The energy audit identified numerous energy conservation measure (ECM) projects that will provide the College significant energy savings. On February 14, 2017, the District Board of Trustees (DBOT) approved the College administration s recommendation to negotiate and enter into a satisfactory Guaranteed Energy, Water and Wastewater Performance Savings Agreement(s) (GEWWPSA) with BGA, Inc. a ConEdison Solutions Company. BGA, Inc. as the College s Energy Saving Contractor (ESCO) in an estimated cumulative not-to-exceed fixed amount not to exceed $25 Million for a 20-year energy savings payback period. The resultant agreement(s) will include provision of guaranteed energy performance contracting services, for installing certain equipment, and providing other services designed to reduce energy, water consumption, wastewater production or energy related operating costs for the College. The energy conservation measure (ECM) projects identified are listed below: Note: The final project scope of work and associated costs and savings will be subject to final negotiation between FSCJ and BGA, Inc. and FSCJ and the College s (to be) selected financing source. The ESCO is currently completing the first phase of the Investment Grade Audit. Once completed, FSCJ will select the energy conservation measures (ECMs) that will be performed during the Phase 1 of the work package, which is estimated not-to-exceed $18,000,000. Phase 1 is anticipated to be in contract and begin in April The Phase 2 portion of the project, which is estimated not-to-exceed $7,000,000 is anticipated to be in contract and begun approximately April Guaranteed savings from ESCO will ensure the project is cash flow neutral or positive. FSCJ will require firm finance rates to calculate anticipated cash flow in order to make a final selection of scope for Phase 1. These details will be available after approximately April 19, The details on the Phase 2 work will be available approximately April 18, Repayment of the financing for Phase 1 will commence at the end of the projected eighteen (18) month construction period. The repayment of the Phase 2 project will likewise begin at the end of its projected eighteen (18) month construction period. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 8 OF 21

10 2.01 TAX EXEMPT INSTITUTION: Florida State College at Jacksonville (College) is a four-year public state college, one of twenty-eight colleges in the Florida College System. (as defined in Florida Statue ) As such the College is a separately chartered political subdivision, funded primarily by State funds and student fees, governed by a separate District Board of Trustees, under the rules and regulations of the State of Florida and the Florida Department of Education. The College is a tax-exempt institution Florida Sales # C-6, Federal ID # and is therefore exempt from the payment of any sales or use tax levied or imposed by the State of Florida. The current College s Tax Certificate of Exemptions is attached as Exhibit A. Florida State College at Jacksonville is qualified as a political subdivision of the State of Florida per Florida statutes, within the meaning of Section 103(A) of the Internal Revenue Code of 1954 as amended. The College will cooperate with Bank/lender to provide evidence to substantiate said tax status. As such the College hereby designates this bid #2017C-35 as a Qualified Tax Exempt Obligation as defined under Section 265 of the Internal Revenue Code. State of Florida Colleges each year can designate up to $10,000,000 to obligations as tax exempt obligations per IRS code 265(b)(3)(c) and it is the Colleges intent that this Bid 2017C-35 will be designated by the College as tax exempt obligation CREDIT INFORMATION: The College is providing interested bidders the web URL to receive a copy of the College s audited Annual Financial Report posted on the State of Florida Auditor General Web-site: Report Number Report Title Release Date Link Link Florida State College at Jacksonville - Financial 03/31/2016 summary full report Florida State College at Jacksonville - Financial 03/25/2015 summary full report Florida State College at Jacksonville - Financial 03/28/2014 summary full report The above chart is a section identifying Florida State College at Jacksonville s Financial Reports for fiscal years ending June 30, 2015, June 30, 2014, and June 30, 2013 as listed on the State of Florida Auditor General Web-site. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 9 OF 21

11 3.00 Schedule Note: (All times are Local Jacksonville, FL times) 2/15/2017 ITB issue date 3/1/2017 Written Question and Clarification submission dead line to 3/16/2017 Deadline to submit to FSCJ notice of your intent to submit FSCJ a 3:00 p.m. 3/16/2017 Public proposal opening at 2:00 p.m. Administrative Offices, 501 West State Street, Jacksonville, FL 32202, Room 305 3/27/2017 Posting of recommendation of award Loan Information: 4.01 Awarded Lender may not pay any origination fees or commissions to the energy savings contractor (ESCO) FINANCING REQUESTED: Tax-Exempt Municipal Loan. The resultant tax exempt obligation loan shall be uncollatorized. (UNCOLLATORIZED LOAN) All proposals will be evaluated based upon the actual FIXED INTEREST RATE BID FIRM ON (360 DAYS/1YEAR) cost to the College OBLIGOR: Florida State College at Jacksonville College Board of Trustees, a public body corporate TENORS: Overall tenor of a Twenty (20) year term period, which includes an initial projected eighteen (18) month construction period LOAN AMOUNT: $25,000,000 separated into two phases. Phase 1 will be approximately $18,000,000 and Phase 2 will be approximately 7,000, FIRST PAYMENT: Eighteen (18) months after funding is provided INTEREST DAY COUNT METHOD: Annual percentage rate bid shall be calculated on: 360/360- days/year. (Note: only bids using fixed interested rate 360/360-day basis will be considered) PAYMENT SCHEDULE: Quarterly, in arrears. Repayment of the financing for Phase 1 will commence at the end of the projected eighteen (18) month construction period. The repayment of the Phase 2 project will likewise begin at the end of its projected eighteen (18) month construction period. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 10 OF 21

12 4.09 FIXED RATE STRUCTURE: Provide an all-in rate. Include all documentation, set-up, origination and other costs etc. in the markup amount. Please also provide an itemization of the estimated values for each expense. Each structure requires the rate to be locked for sixty (60) days form the opening date FIXED INTEREST RATE FIRM UNTIL FIRM UNTIL 60 DAYS AFTER PUBLIC BID OPENING Escrow Account Proceeds will be deposited into an escrow account. The energy savings contractor will apply for draws based upon percentage of completion. All draw requests will be approved by the College PREPAYMENT TERMS: The College will only consider bids that includes NO Pre-Payment Penalty. The College anticipates utilizing avoided capital savings to buy down the loan to the extent such resources are available AMORTIZATION SCHEDULE: Please provide the amortization schedule associated with your proposal SECURITY FOR THE LOAN: The security for the loan shall be secured by a covenant to budget and appropriate from legally available revenues of the College in amounts sufficient to repay the principal and interest of the loan. The loan shall not be considered a general obligation of the College. Neither the full faith and credit nor taxing power of the College, State of Florida or any political subdivision thereof will be pledged to the payment of the loan TAX-EXEMPT OBLIGATION: The College will agree to take such actions as may be required by Treasury regulations in order to maintain the tax- exempt status of the obligation LOAN CLOSING DOCUMENTATION: Please provide a list of documents expected to be required for closing. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 11 OF 21

13 5.00 Fixed Interest Rates (APR) Bid: 5.01 This College bid #2017C-35 solicits the submittal of fixed interest rates. LOAN AMOUNT # OF MONTHS OF TERM FIRM FIXED RATES (APR) BID 25,000,000 Overall tenor of a twenty (20) year term period % * * Annual percentage rate bid shall be calculated on: 360/360days/year. (Note: only bids using fixed interested rate 360/360 day basis will be considered). Repayment of the financing for Phase 1 will commence at the end construction period. The repayment of the Phase 2 project will likewise begin at the end of its construction period For the College to determine costs associated with the loan, all financial institutions are to include an estimate of all closing costs and legal fees: $ 5.03 SUPPORTING LOAN DOCUMENTS: Attached (Check Appropriate Box): Yes No Amortization Schedule Document listing FSCJ is required for closing. Provide an itemization of the estimated values for all documentation, set-up, origination and other cost expenses. Please provide a sample of the proposed loan agreement. This agreement must be tailored for use in Florida for public sector entities Confirmation that your bid submitted does in fact comply with the State of Florida laws, statues and regulations. Agreed? Yes or No 5.05 have received and reviewed addenda through (if any). ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 12 OF 21

14 EXHIBIT A ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 13 OF 21

15 ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 14 OF 21 Attachment A

16 Attachment B SWORN STATEMENT UNDER SECTION (3)(A), FLORIDA STATUTES ON PUBLIC ENTITY CRIME This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to (Print name of the public entity) by (Print individual s name and title) for (Print name of the entity submitting sworn statement) Whose business address is (If Applicable) its Federal Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W I understand that a Public entity crime as defined in Paragraph (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the United States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that convicted or conviction as defined in Paragraph (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilt or nolo contendere. 4. I understand that affiliate as defined in Paragraph (1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those offices, directors, executives. Partners, shareholders, employees, members and agents who active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm s length agreement, shall be a facie case that one person controls another. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 15 OF 21

17 5. I understand that a person as defined in Paragraph (1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let b y a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.) Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administration Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) STATE OF (Date) COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided on this day of, 20. (NOTARY PUBLIC) My Commission Expires: ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 16 OF 21

18 Attachment C MINORITY BUSINESS ENTERPRISE/WOMAN BUSINESS ENTERPRISE CERTIFICATE I HEREBY DECLARE AND AFFIRM that I am the (Title) representative of the firm of (Company Name) minority business enterprise (MBE/WBE) (Minority Type) as defined by Florida State College at Jacksonville in the specifications for ITB #2017C-35 3 rd Party Financing Energy Performance Contracting (Project Name & Number) that I will provide information requested by COLLEGE to document this fact. The foregoing statements are true and correct and include all material necessary to identify and explain the operations of (Company Name) as well as the ownership thereof. Further, the undersigned does agree to provide COLLEGE current, complete and accurate information regarding actual work performed on the project, the payment therefor and any proposed changes in any of the arrangements hereinabove stated and to permit and audit an examination of the books, records and files of the above named company by authorized representative of COLLEGE. It is recognized and acknowledged that the statements herein are being given under oath and material misrepresentation will be grounds for terminating any contract, which may be awarded in reliance hereon. Termination is understood to forfeiture of payment for all work not performed at time of notification. I DO SOLEMNLY DECLARE OR AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENTS ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE FIRM, TO MAKE THIS AFFIDAVIT. Signature of Company s Authorized Representative State of County of City of On this day of, 20, before me, in the foregoing affidavit and acknowledged that he (she) executed the same in the capacity therein stated and for the purpose therein contained. In witness thereof, I hereunto set my hand and official seal. (Notary Public) My commission Expires: Minority Type: M1 Black American Man; M2 Hispanic American; M3 Asian American; M4 Native American (Eskimo & Aleutian); M5 Native Hawaiian; M6 Small Business; M7 Disabled; M8 American Woman; M9 Black American Woman; and NM Not Minority. (Must have greater than 51% minority ownership) "Minority/Woman Business Enterprises that file false misrepresentation of their MBE/WBE status shall be found guilty of a felony of the second degree and be debarred from bidding no less than 36 months pursuant to Florida Statute". ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 17 OF 21

19 Attachment D DRUG-FREE WORK PLACE THE UNDERSIGNED VENDOR IN ACCORDANCE WITH FLORIDA STATUTE HEREBY CERTIFIES THAT (NAME OF BUSINESS) DOES: 1. PUBLISH A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSING, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE IS PROHIBITED IN THE WORKPLACE AND SPECIFYING THE ACTION THAT WILL TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION. 2. INFORM EMPLOYEES ABOUT THE DANGERS OF DRUG ABUSE IN THE WORKPLACE, THE BUSINESS'S POLICY OF MAINTAINING A DRUG FREE WORKPLACE, ANY AVAILABLE DRUG COUNSELING, REHABILITATION, AND EMPLOYEES ASSISTANCE PROGRAMS, AND THE PENALTIES THAT MAY BE IMPOSED UPON EMPLOYEES FOR DRUG ABUSE VIOLATIONS. 3. GIVE EACH EMPLOYEE ENGAGED IN PROVIDING THE COMMODITIES OR CONTRACTUAL SERVICES THAT ARE UNDER THIS SOLICITATION A COPY OF THE STATEMENT SPECIFIED IN SUBSECTION(1). 4. IN THE STATEMENT SPECIFIED IN SUBSECTION(1), NOTIFY THE EMPLOYEES THAT, AS A CONDITION OF WORKING ON THE COMMODITIES OR CONTRACTUAL SERVICES THAT ARE UNDER BID/PROPOSAL, THE EMPLOYEE WILL ABIDE BY THE TERMS OF THE STATEMENT AND WILL NOTIFY THE EMPLOYER OF ANY CONVICTION OF, OR PLEA OF GUILTY, OR NOLO CONTENDERE TO, ANY VIOLATION OF CHAPTER 1893 OR OF ANY CONTROLLED SUBSTANCE LAW OF THE UNITED STATES OR ANY STATE, FOR A VIOLATION OCCURRING IN THE WORKPLACE NO LATER THAN FIVE (5) DAYS AFTER SUCH CONVICTION. 5. IMPOSE A SANCTION ON, OR REQUIRE THE SATISFACTORY PARTICIPATION IN A DRUG ABUSE ASSISTANCE OR REHABILITATION PROGRAM IF SUCH IS AVAILABLE IN THE EMPLOYEE'S COMMUNITY, BY ANY EMPLOYEE WHO IS SO CONVICTED. 6. MAKE A GOOD FAITH EFFORT TO CONTINUE TO MAINTAIN A DRUG-FREE WORKPLACE THROUGH IMPLEMENTATION OF THIS SECTION. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR'S SIGNATURE: Date: ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 18 OF 21

20 Attachment E ** DISCLOSURE OF EMPLOYEE RELATIONSHIP WITH SUPPLIER ** Pursuant to Florida Statute (7) and FSCJ Board Rule # 6Hx (4), College Employees, while acting in a private capacity, are not allowed to do business with the College. This also applies to the buying or selling of goods or services to the College from any business entity of which the employee or their spouse or child is an officer, partner, director, or proprietor or otherwise has a material interest. This may include private instructional services provided to the College from a full time or adjunct faculty member. As such does your company have any employee or their Spouse that owns > 5% of your company and is also a FSCJ full time/ part time or adjunct employee of the College? Yes No (If Yes, Define below the name of the employee and or Board member as well as detail below their relationship with your company and the College): Special Conditions ** Protest of Awards and Intended Award ** A respondent may only protest a decision or intended decision of the College resulting from a competitive solicitation for a contract of $65,000 or more. Bid tabulations with recommended awards will be posted for review by interested parties at on or about March 27, 2017 for review by interested parties on the purchasing web page unless the date is extended by a letter of notification or as soon as a determination has been made,, and will remain posted for a period of 72 hours (not including Saturdays, Sundays and State Holidays). Their content will be made public for the information of bidders, other interested parties and those who may be present either in person or by representative on the College s Purchasing Department website located at for a 72-hour period. Any protest of an award or recommendation to award shall be governed by Florida State College at Jacksonville Administrative Procedure (link below), which will require the protester to file the notice of protest within 72-hours. Upon such notice, the College will also require the protester to file a $ non-refundable filing fee and a protest bond in the in an amount equal to two percent (2%) of the estimated contract amount, bid or proposal amount. If no contract price was submitted, the College shall estimate the contract amount based on factors including, but not limited to, the price of previous or existing contracts for similar contracts or services. If the protest is successful, the posted security will be refunded in full. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 19 OF 21

21 Florida State College at Jacksonville is a member of the Florida College System and is not affiliated with any other public or private university or college in Florida or elsewhere. Florida State College at Jacksonville does not discriminate against any person on the basis of race, disability, color, ethnicity, national origin, religion, gender, age, sex, sexual orientation/expression, marital status, veteran status, pregnancy or genetic information in its programs or activities. Inquiries regarding the non-discrimination policies may be directed to the College s Equity Officer, 501 West State Street, Jacksonville, Florida (904) equityofficer@fscj.edu. Florida State College at Jacksonville is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award the baccalaureate and associate degree. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia , or call (404) for questions about the accreditation of Florida State College at Jacksonville. The Commission is to be contacted only if there is evidence that appears to support an institution s significant non-compliance with a requirement or standard. ITB 2017C-35 3 RD PARTY FINANCING ENERGY PERFORMANCE CONTRACTING PAGE 20 OF 21