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R7A-Lease Agreements w- State Rep Richardson And Commissioner BarreiroCOMMISSION ITEM SUMMARY Condensed Title: Resolution Waiving The Competitive Bidding Requirement And Approving And Authorizing The Mayor And City Clerk To Execute Two Separate Lease Agreements Between 1) The City And State Representative David Richardson For The Use Of Office Space Located At 1701 Meridian Avenue, And 2) The City And Commissioner Bruno Barreiro For The Use Of Ground Floor Space Located At City Hall Key Intended Outcome Supported: Not Applicable Supporting Data (Surveys, Environmental Scan, etc.): Not Applicable Shall the City enter into two separate Lease Agreements with 1) State Representative David Richardson and 2 Commissioner Bruno Barreiro for the use of office s ace? Item Summary/Recommendation: David Richardson was elected to represent District 113 in the Florida House of Representatives and was sworn into office on November 20, 2102. Representative Richardson currently occupies Suite 402B, consisting of 149 square feet, and has requested to lease Suite 402A, consisting of 541 square feet, once it is vacated by the current tenant Commissioner Richardson would vacate Suite 402B. The Lease would be for an initial term of two (2) years with three (3) extension options for two (2) years each. In an open market, Suites 402A/402B could command approximately $35 per square foot tt is recommended, due to the benefit of providing space for Miami Beach residents to meet with their elected officials, the City enter into a Lease Agreement with Representative Richardson for $6.90 per square foot, which covers the City's common area maintenance costs and insurance expense. Commissioner Bruno Barreiro was first elected in 1998 and has been re-elected for subsequent terms to represent District 5, which includes portions of the City of Miami Beach. In approximately 2001, Commissioner Barreiro moved his office to a 412 square foot space on the ground floor of City Hall Commissioner Barreiro was most recently re~elected in November 2012 and wishes to continue to occupy City space in order to continue serving Miami Beach residents with their constituent needs. The 412 square foot space could command at least $35 per square foot (or $14,420 annually). The City does not currently charge rent for this space. It is recommended, due to the benefit of providing space for Miami Beach residents to meet with their elected officials, the City enter into a Lease Agreement for one dollar per year. At its December 12, 2012 meeting, the Finance & Citywide Projects Committee discussed the matter and recommended approving_ both Lease Agreements with the proposed terms. ~i!Qry Boa~d Recommendation: -----~ i Finance & Citywide Projects Commi~tee: December 20, 2012_ Financial Information: ourceof ------r---~~---A-m __ o_u_n_t----~~ unds: ~~-----1~+---~n~/~a ------ ~--~--~-----~--~~ _anciallmpact Summary: Cit Clerk's Office Legislative Tracking~­ na Parekh, ext 6471 -----~-- KGB/MAS/AP/MM T:IJ\GENDA\2013\January ·to\f~ep Hichmdson & C0mm Barreiro Leases SUM (1-4-13).docx MlAMIBEACH 403 __ A_c_c~o_u_n_t ----~ -·-l ·-----~-J AGENDA tTEM R 7 A DATE {-Iff/] (9 MIAMIBEACH City of Miami Bea(h, 1700 Convention ((;nter Drive, Miami B<•och, Florida :33139, www.miort,ibeac~fl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the ~ity Com eon ·~~/. Kathie Brooks, Interim City Manager/ " / January 16, 2013 A RESOLUTION WAIVING, BY 5/7THS VOTE, THE COMPETITVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING A LEASE AGREEMENT WITH STATE REPRESENTATIVE DAVID RICHARDSON TO LEASE OFFICE SPACE LOCATED AT 1701 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, FOR AN INITIAL TERM OF TWO YEARS RETROACTIVELY COMMENCING ON DECEMBER 20, 2012, AND EXPIRING NOVEMBER 30, 2014, WITH THREE (3) EXTENSION OPTIONS FOR A PERIOD OF TWO (2) YEARS EACH; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT SUBJECT TO FINAL REVIEW BY THE CITY MANAGER AND FORM APPROVAL BY THE CITY ATTORNEY A RESOLUTION WAIVING, BY 5/7THS VOTE, THE COMPETITVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING A LEASE AGREEMENT WITH COMMISSIONER BRUNO BARREIRO AND/OR THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO LEASE 412 SQUARE FEET OF GROUND FLOOR OFFICE SPACE LOCATED AT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA, FOR AN INITIAL TERM OF FORTY SIX (46) MONTHS COMMENCING ON FEBRUARY 1, 2013, AND EXPIRING NOVEMBER 30, 2016, WITH ONE (1) EXTENSION OPTION FOR A PERIOD OF FOUR (4) YEARS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT SUBJECT TO FINAL REVIEW BY THE CITY MANAGER AND FORM APPROVAL BY THE CITY ATTORNEY ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND State Representative David Richardson On August 2012, David Richardson was elected by the voters to represent District 113 in the Florida House of Representatives, and he was sworn into office on November 20, 2012. Members of the Florida Legislature are each provided with a small budget to operate an office in the district that they represent. The Miami Beach Visitor and Convention Authority (MBVCA), which currently occupies approximately 541 square feet of space on the fourth floor of 1701 Meridian Avenue (hereinafter referred to as Suite 402A), intends to vacate the space in order to occupy a larger vacant space on the east side of the same floor. Representative Richardson moved into an adjacent 149 square feet of space (hereinafter referred to as Suite 4028) on a temporary basis on December 404 Commission Memorandum -Representative Richardson & Commissioner Barreiro Leases January 16, 2013 Page 2of3 20, 2012, which was previously used part-time on Tuesday mornings by staff from the office of Congresswoman Ileana Ros-Lehtinen. Both spaces are depicted on the floor plan which is attached hereto and marked ''Attachment 1." Representative Richardson has requested to lease a larger space and has determined that the current MBVCA space meets his needs to serve as his district office. The MBVCA is in the process of initiating the renovations for its future space and the MBVCA's contractor is currently in the permitting phase. In the meantime, the temporary use of Suite 402B allows Representative Richardson's office to begin to conduct its operations, install equipment, print business cards. and more importantly provides a space for constituents to meet with him. Throughout Florida there is precedent for the provision of affordable municipal office space to State Representatives. For example, the City of Vero Beach leases office space to Representative Debbie Mayfield for $185 per month; Representative Martin Kiar utilizes office space at Parkland City Hall; Senator Alan Hays leases space in Deland City Hall for $200 per month. Additionally, Congressman Alcee Hastings rents space at Delray Beach City Hall for $300 per month. Florida House District 113 includes all of the City of Miami Beach, North Bay Village, and part of Downtown Miami and East Little Havana. It is in the City's best interest to have Representative Richardson's district office centrally located and accessible to the majority of his constituents, and to the residents of Miami Beach. The City has provided low cost or free office space to other governmental entities in the past, such as County Commissioner Bruno Barreiro, the Miami-Dade Clerk of Courts, and Congresswoman Ileana Ros-Lehtinen's staff. Miami-Dade County Commissioner Bruno Barreiro The City will also work with County Commissioner Bruno Barreiro to enter into a lease agreement for the use of 412 square feet of space on the ground floor of City Hall. It is in the City's best interests to memorialize the terms of the use of City-owned space for the benefit of our residents. Commissioner Barreiro was first elected as a Miami-Dade County Commissioner in 1998 and has been re-elected for subsequent terms to represent District 5, which includes portions of the City of Miami Beach. Soon after being first elected, Commissioner Barreiro began using City space known as the Answer Center {located between the main entrance elevators in City Hall and currently occupied by Community Services) to meet with City residents and attend to constituents' needs in a convenient and accessible government location. In approximately 2001, Commissioner Barreiro moved his City Hall office to the 412 square foot space on the ground floor of City Hall. Commissioner Barreiro was most recently re-elected in November 2012 and wishes to continue to occupy City space in order to continue serving Miami Beach residents with their constituent needs. The space occupied by Commissioner Barreiro's office is depicted on the floor plan which is attached hereto and marked "Attachment 2." ANALYSIS Suite 402B (149 square feet temporarily occupied by Representative Richardson) and Suite 402A (541 square foot space to be occupied by Representative Richardson) could command, in an open market, approximately $35/sf gross. The City currently leases adjacent office space at $37.61/sf to a physician on the 41h floor. That rent (which started at $35/sf and escalated during the exercised renewal options} includes $6.00/sf for operational expenses (utilities and common area maintenance expenses) and $.90/sf for insurance. Cleaning and trash removal within the 405 Commission Memorandum-Representative Ric/1ardson & Commissioner Barreiro Leases January 16, 2013 Page 3 of3 office/leased space is not included in the rent. The office space in the 1701 Meridian Avenue building is not assessed real estate taxes by Miami-Dade County, At fair market rent, Suite 402A (541 square feet) could lease for approximately $18,935 per year and Suite 402B (149 square feet) could lease for $5,215 per year. The 412 square foot space occupied by Commissioner Barreiro could command a similar or higher rent per square foot than the office space at 1701 Meridian Avenue because it is ground- floor space and is located in the City HaU building, However, the limited size may be a factor. The City does not currently charge rent for this space. The maintenance for this office is included in the City's janitorial contract and includes trash removal and vacuuming services. While we do not charge Common Area Maintenance or insurance charges to Commissioner Barreiro, our estimated CAM costs would be $6.90/sf, which is what we are charging the physician in the 1701 Meridian Avenue leased space. In an open market, Commissioner Barreiro's space could lease for approximately $14,420 per year. CONCLUSION While the City could command fair market rents for the use of the two spaces, the current use of ground floor space by Commissioner Barreiro, and the proposed use of office space on the 41h floor by Representative Richardson facilitate enhanced public service to constituents, The City's contribution in making City space available for Miami Beach residents to meet with their County and State elected officials outweighs the benefits of collecting fair market rent for these properties. At the December 20, 2012 Finance and Citywide Projects Committee ("F&CPC") meeting, the Administration proposed the terms set forth above. The F&CPC agreed with the importance of providing space for Miami Beach residents to meet with their elected officials, as well as the terms proposed by the Administration. Therefore, the Administration recommends in favor of approving: • The City enter into a Lease Agreement with Representative David Richardson (and/or the Florida House of Representatives) for the temporary use of 149 square feet and the future use of 541 square feet of space located on the 41h floor of 1701 Meridian Avenue for $6.90/sf. The rent for the 149 square foot space will be $86 monthly, and the rent for the 541 square foot space will be $311 monthly. This rent represents the amount necessary to cover the City's Common Area Maintenance costs and insurance expenses. • The City enter into a Lease Agreement with Commissioner Bruno Barreiro (and/or the Miami-Dade Board of County Commissioners) for the use of 412 square feet of space currently occupied in the ground floor of City Hall, 1700 Convention Center Drive, for one dollar per year. The one dollar represents legal consideration and is intended to honor the previously agreed upon terms for the use of the space. The recommendation to enter into a formal Lease Agreement is intended for the purpose of memorializing the re ent for the use of the space. KGB\ MM Attach T:\AGENDA\2013Vanuary 16\Rep Richardson & Comm Barreiro Leases MEM (1-4-13).docx 406 ELEVATOR LOBBY WAITING AREA WORK AREA 425 SQ. fT. CORRIDOR jTENANT] /// OFFICE /// QfFICE PLAN 0 SCALE: 1/8• o 1'·0' / /coN~NC~ / / /R/ // FOURTH FLOOR PLAN ~ SCALE: NTS 4th Floor Office Space 777 Building 1701 Meridian Avenue 407 OFACE 130 SQ. FT. REC£PTION/ WORK AREA OFFICE ep MIAMIBEACH ATTACHMENT 1 OFFICE PLAN 6 SCALE: 1/6' < 1'-0' /////11 /////1! 2 0 0 0:: / / / / / l.--.1--~~ //////~ ////// ///// //// @ ~ ·'<; 0 ,/'.· '• / · ..... ,..~ FOURTH FLOOR PLAN 0 SCALE: NTS Pliwmmu:\ Miami-Dade County District 5 Commissioners Office Miami Beach City Hail 1700 Convention Center Drive 408 C9 MIAMIBEACH ATTACHMENT 2 ~ 0 <0 MIAMI BEACH L -~~~----~"~" ~ ~ ~~ ~~~~~-~-~~----~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, January 16,2013, to consider the following: 2:15p.m. A Resolution Waiving, By 517ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement With State Representative David Richardson To Lease 541 Square Feet Of Office Space Located At 1701 Meridian Avenue, Miami Beach, Florida, For An Initial Term Of Two Years Commencing On December 20, 2012, And Expiring November 30,2014, With Three (3} Extension Options For A Period Of Two (2} Years Each; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form Approval By The City Attorney. A Resolution Waiving, By Sfiths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement With Commissioner Bruno Barreiro And/Or The Miami-Dade Board Of County Commissioners To Lease 412 Square Feet Of Ground Floor Office Space Located At i 700 Convention Center Drive, Miami Beach, Florida, For An Initial Term Of Forty Six (46) Months Commencing On February 1, 2013, And Expiring November 30,2016, With One (1) Extension Option For A Period Of Four (4) Years; And Further Authorizing The Mayor And City Clerk To Execute The Agreement SubjectTo Final Review By The City Manager And Form Approval By The City Attorney. Inquiries may be directed to the Office of Real Estate, Housing & Community Development (305) 673-7260 INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are avallable for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the public that: if a person decides to appeal any decision made by the Ctty Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon whicfl the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherv1ise inadmissible or irrelevant evidence, nor does tt authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7411(voice) or m users may also call the Florida Relay Service at 711. Ad#759 RESOLUTION TO BE SUBMITTED 410