HomeMy WebLinkAboutFULLY EXECUTED L-329 DPH Paramedic Training Site Lease 2023.pdf Training
' LEASE AGREEMENT
2 THIS LEASE AGREEMENT("LEASE")|a made and entered into this'� dayof
QL
3 2023 by and between JCM FARMING, INC., A California corporation, 3160 Lionshead Avenue,
4 Unit 1.Carlsbad,CA92O1O(^LE8SQR').and the COUNTY OFFF7ESNQrC|OUNTY^\apolitical
5 subdivision of the State of California, 2220 Tulare Stnaet, 1614 F|oor, Frenno, CA 93721-2120
6 ("LESSEE").
7 1. LEASED PREMISES-LESSOR hereby leases to LESSEE the offionspace edthe
8 location commonly known umSuite 109. 770E. Shaw Avenue, Fresno, CAS371D, which is
3 approximately 3,127 square feet,togetherwith common area parking(hereinafterthe"Premises").
10 2. TERM -The primary term of this LEASE shall be one (1)month commencing on
11 April 1, 2023. The Director of Internal Services/Chief Information Officer or his or her designee
12 ia authorized b/ execute such notice on behalf mfLESSEE. In no event shall the term of this
13 LEASE extend beyond April 30,2023.
14 3. RENT-LESSEE shall pay ho LESSOR rent in advance onor about the first ofeach
15 month according to the following schedule:
10 3,127
Cost/Sq Ft Monthly Rent
17 ~'~'°'' 1 , ''`"°" * 4.399.33
18 4. UTILITIES - LESSOR shall pay for all electricity, natural gas, water, garbage, and
19 sewer services at the Prarnimeo. LESSEE ohoU procure and pay for its telecommunications
20 services used at the Premises.
21 5. USE - LESSEE shall use the Premises ao paramedic training space nroaoffice
22 space for any County of Fresno Department. LESSEE agrees to comply with all applicable laws,
23 ordinances and regulations in connection with such use.
24 LESSOR covenants that the Premises are suitable for the intended use.LESSOR further
25 covenants that the Pnanm|oea are in compliance with all applicable lavvo, ordinances and
28 regulations,including but not limited to safety regulations, health and date of construction building
27 codes,and that the Premises shall remain in such compliance throughout the term of this LEASE.
28 8. - LESSOR shall be responsible for the
nouwTY OF rxs»xn 1
..i �
'
'
Ts���
'
1 structural condition of the Premises and for all exterior and interior maintenance,including but not
2 limited to the air conditioning, heatng, roof, pa|nUng, handsuapinD, and parking lot. LESSOR
3 covenants that the Premises ehm|| be maintained in substantially the same condition as that
4 existing at the commencement ofthis LEASE throughout the term of this LEASE.
5 LESSOR shall be responsible for procuring and providing janitorial services and supplies
O at the Premises mtLE8SOF1's sole expense.
7 7. COMPLIANCE WITH ALL LAWS-Aato the Premises, LESSOR shall comply with,
8 and shall reasonably ensure compliance by all contractors and subcontractors it retains with all
S applicable laws and regulations, including the poynlgDtofpnavaU wages�g�� pursuant to Section� � rr /
10 1770 eLseq. of the Co|if»rnia,kaborCpde.
11 8. INDEPENDW
T
MCTOR-|noarfonnmnoeofthe work,duties and obligations
12 maaurned by LESSOR under this LEASE, it is mutually understood and agreed that LESSOR.
13 including any and all of the LESSOR'S{ffioera,agents,and employees will at all times be acting and
14 performing eaan independent contractor, and shall act inoO independent capacity and not aman
15 offioor, agent, men/ont. employee, joint venturer, partner, or associate of LESSEE, Furthermore,
16 LESSEE shall have no right to control or supervise or direct the manner or method by which
17 LESSOR shall perform its work and function. However, LESSEE shall retain the right to administer
18 this LEASE so as to verify that LESSOR is performing its obligations in accordance with the terms
19 and conditions thereof.
20 LESSOR and LESSEE ohmU comply with all applicable provisions of law and the rules
21 and regulations, if any, ofQoxernnnent�*authorities having jurisdiction over matters the subject
F
thereof.
�2 ` '
` `
23 Beoe use ofits a aa/ 16n1 ihd�"4"dentoontosctor LESSOR shall have absolutely no right
24 to employment rights and benefits available to the employees of LESSEE. LESSOR shall be
25 solely liable and responsible for providing to, or on behalf of, its enno|oyooa all legally-required
26 employee benefits. In addition, LESSOR shall be solely responsible and save LESSEE harmless
37 from all matters relating to payment of LESSOR'S employees, including compliance with Social
28 Security withholding and all other regulations governing such matters. It is acknowledged that |
COUNTY OF FRESNo
Fresno,California 2
Training
I during the term of this LEASE, LESSOR may be providingservices to others unrelated hothe
2 LESSEE nrto this LEASE.
3 S. BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches its
4 obligation to maintain the Premises Ge.henain provided, LESSEE ahmU give written notice to
6 LESSOR within fifteen (15) days of the discovery of such breach. LESSOR shall then have 3O
`
O days from the date ofnobc�10 cure,�mbreach. �the oor�dfor cure 'reeendd[ inLE88EE�
.'�''
7 sole determination, LESS��h���d�ou�.�en LESSEE ma� ad�a�a�u :
r |x'�',~ .lr^`r �
8 A. Terminate this LEASE aa hereinafter provided. |n such case, LESSEE shall
9 have the right to demand LESSOR refund any monies which, in the judgment
10 of LESSEE,were paid to LESSOR pursuant to the LEASE but which were not
11 earned by LESSOR by consequence of its breach. Upon receipt of such
12 demand, LESSOR shall promptly refund all such monies; or
13 B. Cure LESSOR'S breach and deduct the cost of such uun*. together with
14 reasonable administrative ooata. from LE8SEE'a future rent obligation.
15 LESSEE's decision to cure LESSOR's breach shall not constitute a waiver of
18 any rights or remedies that LESSEE may have arising from this LEASE orby
. , .
17 operation oflaw. .
.
18 10. DESTRUCTION OR DAMAGE FROM CASUALTY- If the Premises are damaged
18 or destroyed oaa result of fire,-emrthouaho,act of(3od'or any other ident�ab|eevent nfasudden,
'
20 unexpected,or unusua nature (hereinafter"Caauahx">.then LESSOR shall either promptly and
21 diligently repair the damage at is own cost, or terminate this LEASE as hereinafter provided.
22 A. If LESSOR elects to repair the Casualty
23 damage to the Premises,then it shall within 3O days after the date nfCasualty
24 provide written notice(hereinafter"Notice of Repair")to LESSEE indicating the
25 anticipated time required bJ repair.LESSOR shall bear the cost of all repairs h3
28 the Premises, including the cost to repair any alterations or fixtures inatmUedur
27 attached thereto by LESSEE. Such repairs ohoU restore the Pn*m|eoe to
28 substantially the same,condition as that existing at the commencement of this
.. `' .
COUNTY c°ppeSNq
Fresno,California ,
- ' ' '
L-329-Paramedic Training
1 LEASE.Such repairs shall also be made in compliance with all applicable state
2 and local building codes. LESSOR shall not be liable to LESSEE for
3 com ensatlon,for any,loss of business, or an inconvenience or annoyance
,p.�t� ,i�„ Y Y
4 arising from repair of the Premises as a result of the Casualty except for rent
5 reduction as hereinafter provided.LESSEE shall be responsible at its sole cost
6 and expense for the replacement of its personal property.
7 B. LESSOR'S Election to Terminate Due to Casualty:LESSOR may only elect to
8 terminate the LEASE due to Casualty if:the Premises have been destroyed or
9 substantially destroyed by said Casualty; and the estimated time to repair the
10 Premises exceeds 120 days from the date of the Casualty. LESSOR shall
11 provide LESSEE with written notice of its election to terminate within 30 days
12 after the date of Casualty.
13 C. Rent Reduction Due to Casualty: In the event of Casualty, LESSEE's
5
14 obligation .to pay the;,rent shall be reduced beginning on the date of the
15 Casual ,_Such reduction shall be proportional to the damage caused to the
16 Premises by the Casualty as determined by LESSEE. If LESSOR elects to
17 repair the Premises pursuant to the terms of this LEASE, then the rent
18 reduction shall continue until the date of substantial completion of repair.
19 D. LESSEE'S Election to Terminate Due to Casualty:If LESSEE does not receive
20 a Notice of Repair from LESSOR within 30 days after a Casualty, or if the
21 anticipated period of repair contained in the Notice of Repair exceeds 120
22 days, then LESSEES may elect to terminate this LEASE as hereinafter
23 provided. In such case,LESSEE shall have the right to demand that LESSOR
24 refund any monies which, in the judgment of LESSEE,were paid to LESSOR
25 pursuant 'to the LEASE but which were not earned by LESSOR by
26 consequence of-theC:asualty. Upon receipt of such demand, LESSOR shall
27 promptly,.', itd alfsuph`monies.
28 11. TERMINATION' - lf, pursuant to the terms provided herein, either LESSOR or
COUNTY OF FRESNO 4
Fresno,Caiitornia
. �.
� ` . .
Training
.
1 LESSEE have on election to
-terminate. LEASE and Go elect, than notice of such termination
2 ahe8 be nnmje in xVhUng to the non-terminating party. Such notice shall specify a date of
3 termination not less than 120 days from the date of said notice, after which this LEASE shall
4 terminate. In the oeae of LESSEE, the County Administrative Officer or the Director of Internal
5 Services shall have the power to provide such notice and terminate this LEASE.
O 12. HOLD HARMLESS - LESSOR agrees bo indemnify, save, hold harmless, and at
7 LESSEE's request,defend LESSEE and each of its officers,agents,officials and employees from
8 any and all costs and expenses, damages, liabilities,claims, and losses occurring or resulting to
8 LESSEE in connection with the performance, or failure bo perform, by LESSOR, its officers,
'
10 ogento. orennp|uyemaunde/.th� LEASE, andfrornanyanda|| cnaboondmnpanmee. domnaQae.
. . ~ .' . ,.� .
11 liabilities,claims,and losses,on�unjngornaSu|bnQtoanyperoon,�mn.orcorporetonwhonnaybe
,- ` `.
12 injured ordamaQedbyi6ef �nce^�rfoi\uretope�onnofLE8SOR. itooffinenu'aQento,or
13 employees under the LEASE. This LEASE is made upon the expressed condition that LESSEE
14 Gh8U be free of all liability, damages or injury arising from structural fei|unaa of the leased
15 Premises, including, but not limited to external walls, glass, doors, roof and floor.
16 The parties acknowledge that as between LESSOR and LESSEE,each is responsible for
17 the negligence of its own employees and invitees. This Section 12 shall survive expiration or
18 termination [fthis LEASE.
19 13. ~
2O A. LESSOR—Without limiting the LES8EE'o right ho obtain indemnification
21 from LESSOR or any third padieo. LG88[}R' at its eo|a expenae, shall maintain in full force
^
22 and effect, the following ioadnano� policies' Ora program ofee|�inourance throughout the term
. '
23 of this LEASE:
. � ..
/
24 i Pi6ral Liability-Cornn�enz�| General L�bi|hxInsurance
25 with limits of not less than One Million Dollars ($1,000,000per
28 occurrence and an annual aggregate of Two Million ($2I0O,OOO).
27 This policy shall be issued ona per occurrence basis.
28 {|. PropeLty Insurance—Against all risk of loss to property, aLfull
COUNTY vprmsyu
Fresno,California 5
Training
1 replacement cost with no coinsurance penalty provision.
2 |||. Worker's `A policy of Worker's Compensation insurance
J oa may be required by the California Labor Code.
4 |V. Automobile Liability-Comprehensive Automobile Liability Insurance
5 with limits for bodily injury 0fnot|aasth@nTwoHundnedFiftv
5 Thousand D U /�2�O000OO> Five Hundred
Dollars , . ' p�rpenyon. vo un
7 Thousand Dollars (%5UO^000.U0)per accident and for property
d damages of,.not)eoe than Fifty Thousand Dollars ($50,OUO.0O). or
8 such coverage with 8 combined single limit of Five Hundred
10 Thousand Dollars($50O.00.00). Coverage should include owned
11 and non-owned vehicles used in connection with this LEASE.
12 LESSOR shall obtain endorsements to the Commercial General Liability
13 insurance naming the County ofFresno, its officers, agoOts, and employees, individually and
14 coUecbvaly, as additional insured, but only insofar as the operations under this LEASE are
15 concerned. Such coverage for additional insured shall apply as primary insurance and any other
10 insurdnce, or self-insurance, maintained by, its officers, agents, and employees shall be excess
17 only and not contributing with insurance provided under LESSOR'S policies herein.This insurance
18 shall not be cancelled or changed without a minimum or thirty(30)days advance written notice
19 given toCounty.
20 Within /3CAdaveJn»nl�ateLESSOR9XecutouthioLEAGE' LESGC>F{ahaU
' '
'
21 provide certificates ofinoura` and e ` os stated above for all ofthe foregoing policies,
22 as required herein, to the County ofFresno, Attn: |GO Lease Services (L-329)' 333 W. Pontiac
23 Way,Clovis,CA 93612,stating that such insurance coverages have been obtained and are in full
24 force;that the County,its officers,agents and employees will not ba responsible for any premiums
25 on the policies;that such Commercial General Liability insurance names the County, its officers,
28 agents,and employees,individually and collectively,as additional insured,but only insofar as the
27 operations under this Lease are concerned;that such coverage for additional insured shall apply
28 as primary insurance an any other insurance,or self-insurance shall not be cancelled or changed
COUNTY oFpmsmo '
Fresno,California ` ' 8
` / .
Training
1 without o minimum of thirty C3O\days advance,written notice given bo County.
2 |n the event LESSOR fails to keep in effect at all times insurance coverage ne
3 heroin provided, the LESSEE .may, in addition to other remedies it may have, suspend or
4 terminate this LEASE upon nfounhevent
5 All policies aho|l be with odnD}bed insurers licensed todo business in the State of
b California. Insurance purchased shall be purchased from companies possessing a current A.M
7 Best Company rating ofAFSCV/Iorbetter.
8 A. LESSEE — Shall maintain during the term of this LEASE the following policies of
S insV[onm9' which coverages may be provided in whole or in part through one or more
10 programs nfne|f-inounenne:
11 1. Commercial General liability insurance with limits of not less than One
12 Million Dollars ($1.000'080.00) per occurrence and an aOnW8|
13 aggregate of not less than Two K4U|imn Dollars ($2,080.000.00). This
14 policy shall bsr issued onan occurrence basis.
15 |i. pnopectyimSur���e covering the personal pnopo�yofLESSEE.
` ^ '/..
16 U|. /s,Compensation insurance aa may be required bvthe
17 California Labor Code. '
18 14. -This LEASE ienonUngerton the allocation offunds
19 by a governmental agency.Should funds not be allocated,this LEASE may be terminated by the
20 County of Fresno Board of Supervisors by giving at least thirty (30)days prior written notice to
21 LESSOR.
22 15. SURRENDER OF POSSESSION-Upon the expiration or termination mf this LEASE,
23 LESSEE will surrender the Premises to LESSOR in such condition as that existing at the
24 commencement of this LEASE,less reasonable wear and tear,less the effects of any Casualty as
25 herein defined, and less the effects of any breach of LESSOR'S covenant to maintain. LESSEE
26 will not be responsible for any donnog'e 'hioh LESSEE was not obligated hereunder b) repair.
27 16. FIXTURES'L�8SOR '.._-that any equipment,fixtures or apparatus installed in
�G oronh�P��is��L "a���n/ to be LESSEE and may be removed
COUNTY OFmESNn
`
,
Training
/ 4 !
.
1 bvLE�GEEotanyUnn���T���`; shall/epair any damage caused bv the ren�ovm| of its fixtures.
^ ^
2 Any fixtures not removed when LESSEE surrenders possession shall become the property of
3 LESSOR.
4 17. RIGHT OF ENTRY-LEGSOR.or its napnaoentadk/o/o\,upon giving 24 hours written
5 notice, shall have the rightbzente[thePramisgGmtonytimedudnBbuainesahouro. orateuch
O other time as LESSEES deem appropriate, to make any alterations, repairs or improvements to
7 the PPaOlimen. The normal business of LESSEE or its invitees mhoU not be unnecessarily
8 inconvenienced. In the event of an emergency,LESSOR reserves the right to enter the Premises
S at any and all times,provided LESSOR promptly notifies LESSEE of the entry as soon thereafter
10 as is feasible.
,
11 18. AMENDMENT-This m��8�nd� in\�ng �� mu�����
.,'
12 the parties without in
13 19. E shall not assign,trmOSfarorgub-oontnant8hiaLEAGE.or
14 the rightsordubeeunderthieLEAGE'vvithoutthe priorwritten consent of the LESSOR.
15 20. GOVERNING LAW-Venueforanyeodonarisingoutoforne|adngtothioLEASE
16 shall be in Fresno County, California. This LEASE shall be governed by the laws of the State of
17 California.
18 21. NOTICES -All notices given under this LEASE bv either Party to the other Party
18 shall bminvvhUng' and given by any one of the following methods:
20 A. Personal delivery tu the applicable address aS set for below; or
21 B. Sent by certified United States mail,first class postage prepaid,with return receipt
22 naquestad, to the applicable, addresses as set forth be|ovv, in which case such notice shall be
23 deemed given three (3) buq| ' asdpy�`tLESGORioUlereoipient. orthnee (3) buoinmus days if
'
24 LESSEE|a the recipient, and postmark with the United States Postal Service;cx
25 C. Sent bvareputable ov rni dbt�'onhmnaroia| courier, in which case such notice shall be
28 deemed given one (1) business day ifLESSOR is the recipient, or one (1) business day if
27 LESSEE is the recipient, after such deposit with that courier to the applicable addresses as set
28 forth below. |
|| |
n '
COUNTY OF FRESNu
. .
. ,
Training
1 The addresses and telephone numbers of the Parties for purposes of giving or
2 receiving notices under this LEASE are Bsfollows:
LESSEE: LESSOR:
4 County ofFresno JCK4 Farming, Inc.
Director nf Internal Services 318DLi0nahead Avenue, Unit 1
5 333VV. Pontiac Way Carlsbad, CA82010
Clovis, CA93812 (760)697-7011
S (559)800-6200 '
7 Provided however,such notices rnaybe given ho such person orat such other place ae either of
.�
8 the Parties may from time io/bm� designate by giving written notice to the otherPa�y. and
8 provided further h J prr}ey�nbn cesnfchGng8SOfeddneSSorbanniR8ti0nVftbisLEAGE
� ��' �^
10 shall not be effective until actual deli
a| de|' ' of such notice. Notices given hereunder shall not be
11 amendments or modifications bo this LEASE. For all claims arising out ofV[related to this LEASE
12 nothing in this section establishes,waives, or modifies any claims presentation requirements or
13 procedures provided by law,including but not limited to the Government Claims Act(Division 3.6
14 of Title 1of the Government Code, beginning with section 81O).
15 22. AUDITS AND INSPECTIONS—AtLESSEE'e request, LESSOR shall at any time
18 during business hours,and as often as the LESSEE may deem necessary, make available to the
17 LESSEE for examination records and data with respect to the matters covered by this LEASE.
18 The LESSOR shall, upon request by the LESSEE, permit the LESSEE to audit and inspect all of
'
19 such records and data necessary to en�ure LESSOR'S compliance with the terms of this LEASE.
20 |f this LEASE axc*edaten.th ddn|(mro($10.00U.0O)' LE8S{}RnhaUbesVLJeothothe
21 exarnin�dioD �nd �ud�� � ' ~.. na|forap�hodofthnae /3\ yearoofterOna| paynnenL
�
22 under contract KGovmnnnoe...Code Section 854O7\.
23 23. DISCLOSURE OF SELF-DEALING TRANSACTIONS
24 This provisionk; only applicable if the LESSOR is operating msm
25 corporation (o for-profit or non-profit corporation) or if during the banm of the agreement, the
26 LESSOR changes its status to operate moacorporation.
27 Members of the LEGGOR'a Board of Directors shall disclose any
28 self-dealing transactions that they are a party to while LESSOR is providing goods or performing
COUNTY OF FREoon
Fresno,omo"MIS 9
Training
1 services under this agreement.A self-dealing transaction shall mean a transaction to which the
2 CONTRACTOR is m party and in which one or more of its directors has a material financial
3 interest. Members of the Board of Directors shall disclose any self-dealing transactions that they
4 are a party tobv completing and signing aGeLf-[}eaingTnanoanUonDisulomunaForm. attaohod
'
5 hereto as Exhibit A and i,6co'rporated herein by reference, and submitting it to the COUNTY prior
8 to commencing with the self-dealing transaction orimmediately thereafter.
7 24. ENTIRE LEASE-This LEASE constitutes the entire LEASE between the LESSOR
8 and LESSEE with respect to the subject matter hereof and supersedes all prior |gaoea.
S negotiations,proposals,commitments,writings,advertisements,publications and understandings
10 of any nature whatsoever unless expressly referenced in this LEASE.This LEASE shall be binding
11 on and inure bo the benefit ofLEGSOR'e heirs, successors and assigns.
13 6Y
13 6Y
14 /V
15 6V
16
17
.
18 6V '
1S 6V
20 0
21 6Y
22 /V
23 6Y
24 /V
25 /V
26 6Y
27 6Y �
28
U i
nouwrYuprREvwn '' 1O
p*°�.c*��a ��
`
L-329-Paramedic Training
1 IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the day and year first
2 hereinabove written.
3 COUNTY: , LESS R:
4 COUNTY OF° RESNO JCM ARMING INC., A Corporation
By_ `C��.i Ll By,,
5 Robert W. Bash, Director of Internal Marilena Marrelli, President
6 Services/CIO
7 Date:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Fund 0001,Class 10000
23 Org No.56201694
Acct No.7340
24
25 A ..
26 '.
27
28
COUNTY OF FRESNO 11
Fresno,California
.|`
^ .
Training
2 SELF-DEALING TRMSACTION DISCLOSURE FORM
3
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
4 members of a contractor's board of directors(hereinafter referred to as"County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
5 performing services, or both for the County.A self-dealing transaction is defined below:
0 "A self-dealing transaction means a transaction to which the corporation is a party and in
wh�hone mrnnoreof/tsd/n�ctorshosonnoter��'�nonc�linterest"
7 -~
8 The definition above will be utilized for
urpoaeuofmonnp|et|ngthisdiadosureform.
o
i
10 INSTRUCTIONS
11 (1) Enter board mem ` r'snarne, kobdt|e (ifapn|icab|e),anddatethisdisdosuneisbeing
made.
12
13
(2) Ente � �� �rt � me� scompany/agencynomeandaddress.
14 '
/3\ Describe in detail the nature of the self-dealing transaction that is being disclosed to
—
the Cmunty. At a minimum, include a description of the following:
15
a. The name of the agency/company with which the corporation has the
16 transaction; and
17 b. The nature of the material financial interest in the Corporation's transaction
18 that the board member has.
18 ' '
(4\ Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations[ode.
20 (5) Form must be signed by the board member that is involved in the self-dealing
21 transaction descri6e'd T '�`
ronsecti .ndescri 'dT � |&"�(3)ond (4).
^2
`
23
24
25
26
27
28 (
U |
COUNTY OF FRESNO
n '
L-329-Paramedic Training
1
2 (1)Company Board Member Information:
Name: Date:
3
Job Title:
(2)Company/,agency Name and Address:
5
6
8
9
(3)Disclosure(Please describe the nature of the self-dealing transaction you ere a party to):
10
11
12
13
14
15
16
17
18
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
19
20
21
22
23
24
25 (5)Authorized Signature
26 Signature: Date:
27
28
COUNTY OF FRESNO 13
Fresno,California