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General Service Enterprise

Seat of Government Lease Procedures for Leases in Polk or Contiguous Counties

Leasing generally occurs in the following contexts:

1.   An agency located on the Capitol Complex expands a program or establishes a new program, which necessitates additional space.
2.   The Department of Administrative Services, General Services Enterprise plans renovation or restoration of a building and must relocate agencies temporarily off the Capitol Complex.
3.   An agency opens a "field" office at a location other than in the city of Des Moines.

In the first two cases, the Department of Administrative Services, General Services Enterprise takes a leadership role and plays an active part in the location of leased space, negotiation of a lease, and coordination of the physical move.

In the third case, the Department of Administrative Services, General Services Enterprise assists the agency with regard to leasing and offers collocation opportunities, if such exist in the city or county where the agency wishes to locate.  (See, Iowa Code section 18.12 (12).)

This document outlines, defines and delineates the roles and responsibilities of the leasing agency and the Department of Administrative Services, General Services Enterprise for offices identified in the first and second scenario. 

The agencies' role in leasing properties in the first and second scenario consists of the following elements:

  • Provide early notification (prior to requesting additional staff through the budget process) to the Department of Administrative Services, General Services Enterprise of the need for additional office space. 
  •    Complete and submit to the Department of Administrative Services, General Services Enterprise a space analysis form with written justification for the requested additional office space.  Also include a statement that funds are available, the source of funding, and the estimated budget amount. 
  •    Assign one key staff member to represent the agency during the project. 
  •    Meet with a space representative of the Department of Administrative Services, General Services Enterprise to discuss facility requirements, agency program needs, time frames, and deadlines.
  •    View potential lease sites and reach agreement on final site selection.
  •    Review proposed lease.
  •    Execute lease agreement.
  •    Provide input on floor plans and attend weekly move meetings.
  •    Move into lease facility and commence rental payments.
  • The Department of Administrative Services, General Services Enterprise' role in leasing properties in the first and second scenario consists of the following steps:

    Step 1. Decision Factors           

    The Department of Administrative Services, General Services Enterprise receives a request for additional office space from an agency.  The decision to lease property is determined by the state agency and the Department of Administrative Services, General Services Enterprise when additional office space is not available on the Capitol complex, or when program requirements necessitate a need for a field office.

    The agency's decision to lease property or to expand/reduce square footage is determined by a multitude of factors. These factors include, but are not limited to: legislative mandate, customer base, federal, state, and county program driven requirements, or an increase in the agency's FTE's to meet its respective mission. The agency is responsible for justifying the need for leased office space.

    Step 2. Guidelines and Standards

    The Department of Administrative Services, General Services Enterprise has developed space allocation standards and guidelines (see attachment B). These standards assist the department in determining the amount of square footage required for personnel space, as well as, special facilities within the space. Office standards may vary due to space availability, growth potential, acoustics, and specific needs of personnel, program requirements, equipment used, and the type of office furniture used.

    An agency representative completes and submits to the Department of Administrative Services, General Services Enterprise a space analysis form (see attachment A) to determine appropriate square footage requirements and any special needs requirements.

    Step 3. Factors and Criteria Considered for Locating Lease Space

    The Department of Administrative Services, General Services Enterprise meets with the agency's representative to discuss and encourage collocation opportunities, facility requirements, agency programmatic objectives, time frames and deadlines.

    The method for locating available lease space varies. The following methods are generally used to obtain lease space: Request for Proposals, referrals by peers or community partners, downtown redevelopment corporations, Realtors, and personal knowledge. Note: State agencies do not pay any finder fees to Realtors

    Step 4. Selection Criteria

    The Department of Administrative Services, General Services Enterprise and the agency select the specific office site to be leased based on a multitude of factors and criteria.

    Selecting the geographical location of the leased facility is based on the varied program requirements of each individual department. The following criteria are considered when selecting a location:

    Collocation Opportunities - When possible, an attempt to collocate agencies is pursued in an effort to reduce costs. Costs can be reduced by sharing reception areas, conference rooms, receiving areas, restroom facilities, break rooms, communication systems, computer systems, fax/copier/mail centers, common janitorial services, and support personnel. Collocating facilities also promotes economy and efficiency by better coordinating the delivery of services to the general public throughout the state and allowing easier centralized public access to the various services offered by state government. These locations are generally in downtown areas and close to mass transit and major highways.

    Urban Redevelopment Areas or Revitalization Areas - When possible, the agency considers locating in economically depressed neighborhoods in order to stimulate revitalization of the area.

    Federal Program Requirements Agencies administering federally funded programs may be required to observe specific guidelines and parameters. For example, an agency may be required to collocate in an existing federal facility or locate within a program specified geographical boundary.

    Program Requirements - Agencies administering county funded programs may be required to observe specific guidelines and parameters. Again, an agency may be required to collocate in an existing county facility or locate within a program specified geographical boundary.

    State Program Requirements - Authorities established under the Code of Iowa, or issued Executive Orders, may play a role in establishing certain criteria for geographical locations. For example, some agencies may be required to locate in large geographical areas.

    Proximity to Critical Facilities - Agencies' program requirements may mandate locating within a specified boundary to critical facilities, such as, courthouses and other municipal buildings.

    Convenient Location to Customer Base - Certain agencies are often located in specific targeted areas and neighborhoods to better serve their clientele.

    Mass Transit - Due to the nature of certain agencies' services, those agencies are often required to locate on a public transportation route for convenience and accessibility of their clientele.

    Facility Requirements - All potential leased facilities must meet federal, state and local building codes, the Iowa Occupational Safety and Health Act, Life Safety Codes, and accessibility under the ADA.

    Facility Limitations - Some major factors in determining a potential lease location are fair market value, overall move costs, equitable lease terms and targeted occupancy dates. An equally important factor is the availability and cost consideration of communications to the facility, including both telephone and data. Additionally, leased properties must have adequate security and enough parking to accommodate the general public, as well as, agency staff. Landlords must also be responsive to the agencies needs.

    Step 5. Lease Negotiations

    The Department of Administrative Services, General Services Enterprise negotiates for the required space and general lease terms with the prospective Landlord. The following guidelines are used to ensure the state receives the most favorable terms:

    Industry Sources - Quarterly reports indicating the amount and percentage of Class A, B, and C office space leased in the city of Des Moines and the range of costs per square foot.

    Comparison of Similar Facilities and Leases - Review of available and existing properties on the market and conduct site evaluations to ensure the state receives the best available market rate.

    Buy-Down of Lease Rate with Extended Term - A considerable factor in the rate per square foot is based on the length of a lease. Typically, the longer the lease term the lower the rate.

    Additional Considerations - Other factors evaluated in the cost per square foot of a lease include the Tenant Improvement Allowance or build-out costs, building operating expense costs, the age of the facility, parking availability and costs.

    Early/Timely Negotiation of Leases - New leases should be negotiated thirty to sixty days prior to commencement of the lease to allow time for design, build-out of tenant improvements, installation of modular office furniture and installation of communication and data equipment. Negotiations for lease renewals should be completed six months prior to commencement of the lease to allow for relocation if negotiations are unsuccessful.

    Step 6 ADA Accessibility

    When negotiating a lease, lease renewal or lease addendum, an American with Disabilities (ADA) assessment must be conducted on the proposed office space. The Department of Human Rights, Division of Persons with Disabilities representative in cooperation with a Department of Administrative Services, General Services Enterprise representative conducts a physical site inspection to ensure compliance with federal and state laws on accessibility (see attachment C). The Department of Human will then prepare a letter indicating any structural alterations that may be required and restrictive time frames of when those alterations are to be completed. Written approval from the Division of Persons with Disabilities must be submitted with the lease, lease renewal, or lease addendum indicating that the proposed facility has been inspected and complies with ADA requirements of the State of Iowa.

    There must be an updated letter attached to any lease, lease renewal, or lease addendum (see example attachment D).

    A current ADA letter will ensure all State agencies' offices meet the Governor's Executive Order number 46 and the Governor's directive that the leased facility be inspected and comply with current State Building code, Division 7 (see attachment E).

    Step 7. Preparation and Execution of Lease Contract

    The lease agreement, lease renewal, or lease amendment is prepared using the standard lease agreement format with minor modifications. The standard lease templates were developed in cooperation with the Attorney General's Office and Department of Administrative Services, General Services Enterprise' Legal Counsel (see attachment F).

    The Department of Administrative Services, General Services Enterprise prepares the lease contract and attaches the appropriate exhibits to the lease. The Attorney General's Office or the Department of Administrative Services, General Services Enterprise' Legal Counsel reviews the final lease prior to execution of the contract. The contract is then reviewed and approved by the agency representative as well as the Landlord. The Landlord, the authorized agency representative, and the Director of the Department of Administrative Services, General Services Enterprise executes the lease contract respectively.

    Leases in the Seat of Government are between the Landlord and the Department of Administrative Services, General Services Enterprise on behalf of the state agency. Each party to the lease shall possess one of the fully executed Leases.

    Step 8. Supervise and Manage Build-out/Tenant Improvements of Lease Facility

    The Department of Administrative Services, General Services Enterprise coordinates and manages the build-out and tenant improvement process from construction to tenant's occupancy. There are two major components to this process. The first component involves the coordination and management of the architectural and construction process. The Department of Administrative Services, General Services Enterprise' role in the construction process includes the following elements:

  • Supervise the architectural preparation of drawings and specifications of the Tenant Improvements to the Lease Premises.
  • Approve the final floor plans, specifications and construction budget.
  • Authorize change orders when absolutely necessary. Change orders are discouraged and only approved in emergency situations.
  • Coordinate and manage the construction schedules including, general contractor, subcontractors, electrical and plumbing.
  • Conduct daily physical site visits to monitor construction progress.
  • Attend weekly contractors meeting to monitor and discuss status of project.
  • Conduct a final inspection of the lease premises to ensure office space was designed according to approved plans and specifications and identify incomplete punch list items.
  • Verify punch list items have been satisfactorily completed.
  • The second component involves coordination and supervision of the state contractors responsible for final design, furniture procurement, installation of modular furniture, installation of data and communication lines and equipment and the move or physical relocation of the agency. The Department of Administrative Services, General Services Enterprise' role in this process includes the following elements:

  • Oversee final floor plan design (modular furniture layout) to assist agency in maximizing space efficiencies and ensure the approved floor plan adheres to DGS office space standards.
  • Coordinate and conduct weekly move meetings with representatives of the agency, design firm, modular office furniture provider, ICN and professional movers, to monitor and discuss status of project.
  • Prepare and coordinate move schedule and timelines for final floor plan, furniture delivery, modular furniture set up, installation of data and phone lines and equipment, and the physical move schedule. In leased facilities, it is critical that all state contractors and state agency representatives meet the established project timelines. A single contractor's failure to meet a pre-established deadline creates a ripple effect that disrupts and negatively impacts other contractors' deadlines resulting in cost overruns. A state agency would also be forced to pay for space they could not occupy.
  • Develop keying schematic for lease facility and establish security log for tracking and controlling all keys. Upon vacating premises, the agency is responsible for returning all keys to the Department of Administrative Services, General Services Enterprise Lease Manager.
  • Additional Lease Duties & Responsibilities of the Department of Administrative Services, General Services Enterprise

  • Track, update and maintain all original lease contracts and files.
  • Prepare and execute amendments to the lease agreement as necessary.
  • Review and approve justifiable requests for modifications to leased premises, including tenant improvements and work orders (See procedures for requesting tenant improvements and work orders in leased facilities).
  • Supervise and manage remodeling projects, tenant improvements and work orders in lease facilities.
  • Track, update and maintain master lease database for all leases.
  • Review proposed annual increases in operating expense costs.
  • Annual Operating Expense (utilities and taxes) end of year reconciliations.
  • Audit Landlords' financial records and supporting documentation, as necessary.
  • Payments of lease invoices.
  • GAAP reporting requirements - The agency that pays the lease is responsible for GAAP reporting.
  • Additional Lease Duties & Responsibilities of the Leasing Agency

  • Maintain and track respective agencies' lease contract and files.
  • Timely execution of amendments to the lease agreement as necessary.
  • Contact General Services for requests to modify the leased premises, including tenant improvements and work orders (Follow procedures for requesting tenant improvements and work orders in leased facilities).
  • Payments of lease invoices.
  • Annual Operating Expense (utilities and taxes) end of year reconciliations.
  • Review proposed annual increases in operating expense costs.
  • GAAP reporting requirements - The agency that pays the lease is responsible for GAAP reporting.
  • For an illustrated flowchart of the lease process.

    NOTE: The Department of Administrative Services, General Services Enterprise procures lease space at the Seat of Government for all Executive Branch agencies, departments, boards and commissions, except for the Board of Regents. The Board of Regents has separate leasing authority under the Code of Iowa. These procedures are not intended to apply to the Legislative Branch or Judicial Branch of government.

    ATTACHMENTS:
    Space Allocation Form - Attachment A
    Space Standards/Guidelines - Attachment B
    State Leased/Owned Building Access Survey Form - Attachment C
    Example of Division of Human Rights Letter - Attachment D
    Executive Order 46 and Governor's Directive - Attachment E
    Standard Lease Agreement Format - Attachment F

    effective 2/2007