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Home My WebLink About323961 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California AGREEMENT NO.15-286 FL-117 ReedleyRegionalCenter Workforce/DSS5610 FACILITY SUB-LEASE AGREEMENT THIS FACILITY SUB-LEASE AGREEMENT (hereinafter "Sub-Lease")is made and entered into this \torW day of "X ..nfl 2015,by and between the COUNTY OF FRESNO,a political subdivision oftheState of California,2220 Tulare Street,21st Floor, Room 2101,Fresno,California,93721-2106 (hereinafter "COUNTY"),and FRESNO AREA WORKFORCE INVESTMENT CORPORATION,a California public benefit corporation,2125 Kern Street,Suite 208,Fresno,CA 93721 (hereinafter "WORKFORCE"). WITNESSETH: WHEREAS, COUNTY is the lessee under that certain lease with Reedley Center,Inc., 111 Main Street,Suite A, Los Altos, CA 94022 (hereinafter "Master Lessor"),dated June 16, 2015 , AGR #15-285/1-302,(hereinafter "Master Lease"),attached hereto as Exhibit "A", attached hereto and by this reference incorporated herein;and WHEREAS,the Master Lessor herein written has approved COUNTY sub-leasing to WORKFORCE 10,078 square feet of office space at the Reedley Regional Center, 1670-1690 East Manning,Reedley,CA 93654;and WHEREAS,the said Premises (as defined hereinbelow)are hereby declared to be a surplusreal property interestof COUNTY,which is not now,and will not,during the term of this Sub-Lease,be needed for COUNTY purposes;and WHEREAS, WORKFORCE services assist the public in searching for employment, job training,and working with employersto fill job needs, and these Workforce services compliment public services provided by COUNTY (Department of Social Services).COUNTY subleases the Premises and WORKFORCE will use the Premises pursuant to California Government Code § 26277,which provides that:"[T]he board ofsupervisors may contract with other public agencies or private agencies or individuals to operate those programs which the board of supervisors determines will serve public purposes;"and WHEREAS, WORKFORCE represents and covenants that itis affiliated with the Fresno Regional Workforce Investment Board,a Joint Powers Authority;it isa duly organized non-profit corporation under California law;it will usethe Sub-Leased Premises exclusively for 1605841v1 /13104.0001 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 Revenue Code section 501(c)(3)and Revenue and Taxation Code §214(a). NOW,THEREFORE,in consideration of the mutual promises,covenants and conditions hereinafter contained,the parties agree as follows: 1.PREMISES/REDUCTION IN SPACE SUB-LEASED -COUNTY shall Sub-Lease to WORKFORCE 10,078 square feet of office space as shown on Exhibits "B-1 and B-2", attached hereto and bythis reference incorporated herein, at the locationcommonly known as the Reedley Regional Center,1670-1690 East Manning,Reedley, CA93654 (hereinafter the "Subleased Premises").WORKFORCE shall only be permitted to use the Subleased Premises foritsservices provided to the public and employers.Notwithstanding anything to the contrary in this Sub-Lease,this Sub-Lease shall be subject to and subordinate to the terms and conditions of the Master Lease. 2.TERM - The term ofthis Sub-Lease shall commence upon July 1,2015 and shall expire on June 30,2018 (the "Initial Term"). No less than ninety (90)days priorto the end the Initial Term on June 30,2018,WORKFORCE shall provide written notice to COUNTY of whether or not it intends to exercise an option (the "Option") to extend this Sub-Lease for an additional term not to exceed the termination of the Master Lease,but not greater than a period of an additional three (3)years (the "Option Period"). As part of its notice to exercise the Option,WORKFORCE may elect to provide notice to the COUNTY of its intent, during the Option Period,to decrease the square footage of the Subleased Premises and such decrease shall be done by amendment to this Sub-Lease and the rent shall be decreased to the amount of square feet to be occupied by WORKFORCE.WORKFORCE shall use its best efforts to work with COUNTY so that any change to the square footage of the Subleased Premises shall not be disruptive to COUNTY operations at or near the Subleased Premises. 3.TERMINATION -This Sub-Lease may be terminated as follows: A.This Sub-Lease shall terminate in the event the Master Lease is terminated; provided however,in the event that the Master Lease is terminated early, COUNTY shall promptly provide WORKFORCE written notice of such termination. 1605841v1/13104.0001 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 B.Each partymayterminate this Sub-Lease without cause by giving thirty (30) days written notice to the other. C.In the case of termination ofthis Sub-Lease by COUNTY,the County Administrative Officer,the Director of Internal Services/Chief Information Officer, or the Director of the Department of Social Services is authorized to provide written notice to terminate this Sub-Lease. D. Inthe event of early termination of this Sub-Lease,WORKFORCE shall remain liable to COUNTYfor the payment of any Rent that has become due and payable up to the effective date of such early termination of this Sub-Lease, and the performance ofany obligation which WORKFORCE is obligated to perform up to the effectivedate of such early termination ofthe Sub-Lease. The provisions of this paragraph shall survive the termination of this Sub-Lease. 4.RENT -WORKFORCE shall prepayrent (hereinafter "Rent")on a monthly basis for the Subleased Premises beginning July1,2015 at the rates shown in the paymentschedule below.The monthly Rent from July1,2015 toJune 30, 2016 shallcorrespondto $0,875 per square foot(the "RentPer Square Foot").Beginning July 1,2016, the Rent shall increase by two percent (2%) and by another two percent (2%)each July 1 thereafter: Rent Period Rent Per Month July 1,2015 $8,822.28 July 1,2016 $8,998.73 July 1,2017 $9,178.70 July 1,2018 $9,362.28 July 1,2019 $9,549.52 July 1,2020 $9,740.51 COUNTY shall provide WORKFORCE with a monthly itemized invoice on or before the 10th day ofeach month for Rent,those utilities as described in Section 5,and for janitorial services as described in Section 7 of this Sub-Lease.WORKFORCE shall mail a check to pay the invoice described herein onor before the 30th ofeach month,payable tothe County of Fresno,at:Department of Social Services,Attn:DSS Business Office,P.O.Box 1912, Fresno,CA 93718. 1605841 v1/13104.0001 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 5.UTILITIES -WORKFORCE shall be responsible,as invoiced by the COUNTY, to pay for electricity,natural gas, water, sewer, and garbage as determined by COUNTY bya percentage of the number of square feet of the Subleased Premises to the total square feet leased by COUNTY under the Master Lease.WORKFORCE shall be responsible to pay for its telephone and computer network installations and the costs for such services. 6. USE-WORKFORCE shall onlyuse the Subleased Premises Mondaythrough Friday,7:30 am to 6:30 pm.WORKFORCE shall use the Subleased Premises in compliance with Revenue and Taxation Code § 214 provided, however, ifWORKFORCE does not do so, WORKFORCE acknowledges the provisions of Revenue and Taxation Code §107.6,which provide that a possessory interest may be subject to property taxation, and that WORKFORCE,the party in whom the possessory interest is vested, may be subjecttothe payment of property taxes leviedon the Subleased Premises.WORKFORCE may enter and use the Subleased Premises at other dates and times by scheduling with the Department of Social Services manager.WORKFORCE agrees not to commit,suffer or permitany waste or nuisance on the Subleased Premises,and not to use the Subleased Premises or permit the Subleased Premises to be used for any illegal or immoral purposes. WORKFORCE further agrees to comply with all State laws, local ordinances and other governmental regulations which may be required by any governmental authorities with respect to its use of the Subleased Premises. COUNTY shall make the Subleased Premises available in "AS IS"condition.On or before July 1,2015,WORKFORCE shall inspect the Subleased Premises and independently determine whether the Subleased Premises is suitable for its use. 7.MAINTENANCE AND REPAIRS OF SUB-LEASED PREMISES -COUNTY,to the extent it is obligated under the Master Lease,shall maintain the Subleased Premises in substantially the same condition as that existing at the commencement of this SUB-LEASE. COUNTY shall cause to be provided janitorial services for the Subleased Premises to comply with the janitorial standards as established by the County for its County owned facilities as shown on Exhibit "C",attached hereto and by this reference incorporated herein, 1605841 v1/13104.0001 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 and WORKFORCEshall pay for the janitorial services as determined by COUNTY by a percentage ofthe number of square feet ofthe Subleased Premises to the total square leased by COUNTY under the Master Lease. To the extent that the Subleased Premises become unsuitable for WORKFORCE'S intended use, and to the extent that COUNTY can enforce any obligationfrom Master Lessor, COUNTY will use its best effortsto remedy suitability issues,provided that this provision creates no obligation on the part of COUNTY. WORKFORCE shall report damages to the Subleased Premises within twenty-four (24) hours aftertheyoccurtothe Director ofthe Department of Social Services-Facilities (559) 600-9555. WORKFORCEshall be responsible to pay for all damages to the Subleased Premises and any COUNTY property caused by WORKFORCE patron's, clients,employees and invitees. 8.IMPROVEMENTS TO THE SUB-LEASED PREMISES -WORKFORCE mav request to make improvements to the Subleased Premises,but shall not construct any improvements,make any alterations or additions to the Subleased Premises without COUNTY'S and Master-Lessor's prior written consent.WORKFORCE shall be obligated to pay for the cost thereof,all pursuant to an amendment to this Sub-Lease. 9.ENFORCEMENT OF SUB-LEASE - In the event COUNTY determines that WORKFORCE has defaulted or breached any of the covenants contained in this Sub-Lease, COUNTY shall give written notice of such default or breach to WORKFORCE,and WORKFORCE shall have thirty (30)days to cure such default or breach.If WORKFORCE does not cure the default or breach within thirty (30)days,COUNTY may,at its option,at any time after such default or breach and without any demand on or notice to WORKFORCE or to any other person,of any kind whatsoever,re-enter and take possession of the Subleased Premises and remove all persons or property therefrom,and WORKFORCE waives any legal remedy to defeat COUNTY'S rights and possessions hereunder.However,nothing contained herein shall prevent COUNTY from seeking any other legal or equitable remedies in a court of 1605841v1 /13104.0001 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 law which arise from such breach or default. 10.NOTICES -All notices to be given under this Sub-Lease by either Party to the other Party shall be in writing,and given by any one of the following methods: (i)Personal delivery;or (ii)Sent by certified United States mail,first class postage prepaid, with return receipt requested,to the applicable addresses as set forth below, in which case such notice shall be deemed given three (3)business days if COUNTY is the recipient, or three (3) business days if WORKFORCE is the recipient,after such deposit and postmark with the United States Postal Service;or (iii)Sent by a reputable overnight commercial courier, inwhich case such notice shall bedeemed given one (1)businessday if COUNTY isthe recipient,orone (1) business day if WORKFORCE is the recipient,after such deposit with that courier to the applicable addresses as set forth below. The addresses and telephone numbers of the Parties for purposes of giving and receiving notices under this Sub-Lease are as follows: COUNTY: County of Fresno ISD Lease Services (FL-117) 2220 Tulare Street,21st Floor,Room,2010 Fresno,CA 93721-2106 WORKFORCE: WORKFORCE,Inc. Attn:General Services Manager 2125 Kern Street,Suite 208 Fresno,CA 93721 Provided however,such notices may be given to such person or at such other place as either of the Parties may from time to time designate by giving written notice to the other Party, and provided further however,in any event notices of changes of address or termination of this Sub-Lease shall not be effective until actual delivery of such notice.Notices given hereunder shall not be amendments or modifications to this Sub-Lease. 11.HOLD HARMLESS - To the fullest extent allowed by law,WORKFORCE agrees to indemnify,save,hold harmless,and at COUNTY'S request,defend the COUNTY,its officers, agents,and employees from any and all costs and expenses (including attorneys'fees), 1605841v1/13104.0001 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 damages,liabilities,claims,and losses incurred by COUNTY in connection with the negligence and/or willful acts by WORKFORCE and its officers,agents,or employees, and invitees, and from any and all costs and expenses,damages,liabilities, claims,and losses occurring or resulting to any person,firm,or corporationwho may be injured or damaged by the performance,or failure to perform of WORKFORCE,its officers,agents, oremployees under this Sub-Lease.COUNTY To the fullest extent allowed by law,COUNTY agrees to indemnify,save,hold harmless, and at WORKFORCE'S request, defend WORKFORCE,its officers,agents, and employees from any and allcosts and expenses (including attorneys' fees),damages, liabilities,claims,and losses incurred by WORKFORCE in connection with the negligence and/or willful acts by COUNTY and its officers,agents, or employees, and from any and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting to any person,firm,or corporation who may be injured or damaged by the performance, or failureto perform of COUNTY,its officers,agents,or employees under this Sub-Lease. 12.INSURANCE - Without limiting the COUNTY'S right to obtain indemnification from WORKFORCE or any third parties,WORKFORCE,at its sole expense,shall maintain in full force and effect, the following insurance policies or a program of self-insurance,throughout the term of this Sub-Lease: a.Commercial General Liability -Commercial General Liability Insurance with limitsof not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million ($2,000,000).This policyshall be issued on a per occurrence basis.COUNTY may require specific coverages including completed operations,products liability,contractual liability,or any other liability insurance deemed necessary because of the nature of this contract. b.Property Insurance -Against all risk of loss to COUNTY'S property,at full replacement cost with no coinsurance penalty provision,naming COUNTY as additional loss payee. c.Automobile Liability-Comprehensive Automobile Liability Insurance with limits 1605841 v1/13104.0001 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage shall include owned and non-owned vehicles used in connection with this Agreement. d. Worker's Compensation - A policy ofWorker's Compensation insurance may be required by the California Labor Code. WORKFORCE shall obtain endorsements to the Commercial General Liability insurance naming the Countyof Fresno, itsofficers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Sub-Lease are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by, County, its officers,agents,and employees shall be excess only and not contributing with insurance provided under WORKFORCE'S policies herein. This insurance shall not be cancelled or changed withouta minimum of thirty (30)days advance written notice given to COUNTY. Within thirty (30)days from the date WORKFORCE executes this Sub-Lease, WORKFORCE shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,Attn:ISD Lease Services (FL-117),2220 Tulare Street,21st Floor,Room 2101 Fresno,CA 93721-2106, stating that such insurance coverages have been obtained and are in full force;that the County,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County,its officers, agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Sub-Lease are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to County. 1605841 v1/13104.0001 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 Inthe event WORKFORCE fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have,suspend or terminate this Sub-Lease upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased from companies possessing a current A.M.Best Company rating of A FSC VII or better. COUNTY shall maintain during the term ofthis Sub-Lease the following policiesof insurance,which coverages may be provided in whole or in part through one or more programs of self-insurance: a.Commercial General liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate ofnot less than Two Million Dollars ($2,000,000.00).This policy shall be issued on an occurrence basis. b. All-Risk property insurance. 13.INDEPENDENT CONTRACTOR - In performance of the work,duties and obligations assumed by WORKFORCE under this Sub-Lease,it is mutually understood and agreed that WORKFORCE,including any and all of the WORKFORCE'S officers,agents,and employees,will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer, partner,or associate of the COUNTY.Furthermore,COUNTY shall have no right to control or supervise or direct the manner or method by which WORKFORCE shall perform its work and function.However,COUNTY shall retain the right to administer this Sub-Lease so as to verify that WORKFORCE is performing its obligations in accordance with the terms and conditions of the Sub-Lease. COUNTY and WORKFORCE shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,WORKFORCE shall have 1605841 v1 /13104.0001 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 absolutely no rightto employment rightsand benefits available to COUNTY'S employees. WORKFORCE shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits.Inaddition, WORKFORCE shall be solely responsible and save COUNTY harmless from all matters,except for COUNTYand COUNTY'S employee's gross negligence and/or willful misconduct,relating to payment of WORKFORCE'S employees,including compliance with Social Security withholding and all other regulations governing such matters. 14.SURRENDER OF POSSESSION -Upon the expiration or termination of this Sub-Lease,WORKFORCE will surrender the Subleased Premises to COUNTY in such condition as that existing at the commencement of this Sub-lease less reasonable wear and tear,less the effects of any Casualty as defined in the Master Lease,and less the effects of any breach of COUNTY'S covenant to maintain.WORKFORCE will not be responsible for any damage which WORKFORCE was not obligated hereunder to repair. 15.FIXTURES -WORKFORCE agrees that any equipment,fixtures or apparatus installed in or on the Subleased Premises by WORKFORCE shall continue to be the property of WORKFORCE and may be removed by WORKFORCE at any time.WORKFORCE shall pay for the repair of any damage caused by the installation or removal of any equipment, fixtures, or apparatus.Any equipment,fixtures, or apparatus not removed when WORKFORCE surrenders possession shall become the property of COUNTY. Notwithstanding anything to the contrary in this Section 15,WORKFORCE has no rightto make any alterations, improvements or additions to the Subleased Premises without COUNTY'S and Master Lessor's prior written consent. 16.RIGHT OF ENTRY -COUNTY,Master Lessor,or their respective representatives, shall have the right to enter the Subleased Premises at any time during business hours upon reasonable notice and at such other time as WORKFORCE deems appropriate,to make any alterations, repairs or improvements to the Subleased Premises.The normal business of WORKFORCE or its invitees shall not be unnecessarily inconvenienced. 17.AMENDMENT - This Sub-Lease may be amended in writing by the mutual consent 1605841v1 /13104.0001 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 of the parties without in any way affecting the remainder. 18.NON-ASSIGNMENT - Neither party shall assign,transfer or sub-contract this Sub-Lease,nor their rights or duties under this Sub-Lease,without the priorwritten consent of the other party. 19.GOVERNING LAW - Venue forany action arising out of or relating to this Sub-Lease shallbe in Fresno County,California.ThisSub-Lease shallbe governedbythe laws of the State of California. 20.AUTHORITY - Each individual executing this Sub-Lease on behalf of WORKFORCE represents and warrants that that he or she is dulyauthorized to execute and deliver this Sub-Lease on behalf of WORKFORCE and that this Sub-Leaseis binding upon WORKFORCE in accordance with its terms.Thetermsof this Sub-Leaseare intended by the parties as a final expression of their agreement with respect to such terms as are included in this Sub-Lease and may not be contradicted by evidence of any prioror contemporaneous agreement,arrangement,understanding or negotiation (whether oral or written). 21.ENTIRE FACILITY USE Sub-Lease -This Sub-Lease constitutes the entire Sub- Lease between COUNTY and WORKFORCE with respect to the subject matter hereof and supersedes all prior sub-leases,negotiations,proposals,commitments,writings, advertisements,publications,and understandings of any nature whatsoever,unless /// /// /// /// /// /// /// /// /// /// 1605841v1/13104.0001 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 expressly referenced in this Sub-Lease. EXECUTED as of the date first herein written. COUNTY: COUNTY OF FRESNO By^ Date Deborah A. Poochigian,Chairman 3rd of Supervisors //JNS ~ ATTEST*BERNICE E.SEIDEL,CLERK BOARD OF SUPERVISORS By.UU4 )eputy APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG,COUNTY COUNSEL By.f#*c- eputy /r-^s^ APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A. AUDITOR-CONTROLLER/TREASURER- By_ R ENDED FOR APPROVAL: v. Delffno E.Weira/uTrector,Department Social Services NDEDFORA OVAL: ^-^iJ^C^Mr^Jl Robert W.Bash,Director of Internal Services/Chief Information Officer Fund:0001 Subclass:10000 Org No.:5610 Acct.No.:5800 Property/FL-117/Workforce/DSS/5610 1605841v1 /13104.0001 12 WORKFORCE: FRESNO AREA WORKFORCE INVESTMENT,CORPORATION By ~m^j2Q K^c^ PaulJ.Baujtf,Chairman Date fAcusi IZ ,ZQ I €~ The undersigned Master Lessor under the referenced Master Lease hereby acknowledges,accepts and approves this Sub-Lease of the designated subleased premises by COUNTY (the SUB-LESSOR hereunder)to the designated SUB-LESSEE hereunder. REEDLEY CENTER,INC. By Roger W.Burnell,President Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California FL-117 ReedleyRegionalCenter Workforce/DSS5610 expressly referenced in this Sub-Lease. EXECUTED as of the date first herein written. COUNTY: COUNTY OF FRESNO By. Deborah A.Poochigian,Chairman Board of Supervisors Date ATTEST;BERNICE E.SEIDEL,CLERK BOARD OF SUPERVISORS By. Deputy APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG,COUNTY COUNSEL By. Deputy APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A. AUDITOR-CONTROLLER/TREASURER- By_ RECOMMENDED FOR APPROVAL: By Delfino E.Neira,Director,Department Social Services RECOMMENDED FOR APPROVAL: By Robert W.Bash,Director of Internal Services/Chief Information Officer Fund:0001 Subclass:10000 Org No.:5610 Acct.No.:5800 Property/FL-117/Workforce/DSS/5610 1605841 v1 /13104.0001 12 WORKFORCE: WORKFORCE INVESTMENT,CORP. By_ Paul J.Bauer,Chairman Date The undersigned Master Lessor under the referenced Master Lease hereby acknowledges,accepts and approves this Sub-Lease of the designated subleased premises by COUNTY (the SUB-LESSOR hereunder) to the designated SUB-LESSEE hereunde REE By_ igerW.Burnell,President Date S>/&-/*r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedelyCenter/DSS/5610 EXHIBIT "A" To FL-117 -Sub Lease Workforce LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "LEASE")is made and entered into this dayof _,2015,by and between REEDLEY CENTER,INC.,111 Main Street,Suite A,Los Altos,CA 94022 (hereinafter "LESSOR"),and the COUNTY OF FRESNO,a political subdivision of the State of California,2220 Tulare Street,21st Floor,Room 2101, Fresno,CA 93721-2106 (hereinafter "LESSEE"). 1.LEASED PREMISES -LESSOR hereby leases to LESSEE office space of approximately 27,177 square feet,depicted on Exhibit "A",attached hereto and incorporated herein by reference,together with a fenced parking area located at the back of the building for the exclusive use of the LESSEE and common area parking,all at the location commonly known as 1670-1690 East Manning Avenue,Reedley,CA 93654 and (hereinafter "Premises"). 2.TERM -The initial term of this LEASE shall be five (5)years for the period July 1, 2015 through June 30,2020 (hereinafter "Initial Term").At the expiration of the Initial Term,this LEASE shall be renewable for one (1)three-year period beginning on July 1,2020 and ending on June 30,2023.Such renewal shall take place automatically unless LESSEE provides LESSOR with written notice to terminate this LEASE at least one hundred eighty (180)days prior tothe expiration ofthe Initial Term onJune 30,2020.In case ofany termination of this LEASE by LESSEE,the Fresno County Board of Supervisors must approve the termination,and either the County Administrative Officer,or the Director of Internal Services/Chief Information Officer, orthe Director ofthe Department of Social Services,is authorized to provide such written notice to terminate this LEASE.In no event shall the term of this LEASE extend beyond June 30, 2023. 3-NON FUNDING TERMINATION:This LEASE is contingenton the allocation of funds by a governmental agency.Should funds not be allocated,this LEASE may be terminated by the Board of Supervisors by giving at least thirty (30)days prior written notice to LESSOR. LESSEE shall pay to LESSOR,within forty-five (45)days after the LEASE termination date,any unpaid rent due LESSOR. 4.RENT -LESSEE shall pay rent on a monthly basis for the Premises ("Rent") 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedelyCenter/DSS/5610 beginning July 1,2015,at the rate in the payment schedule shown below.Beginning July 1, 2016 the rent shall increase by two percent (2%)and by an additional 2%each July 1, thereafter: Rent Period Beginning Rent Per Month July 1,2015 $23,790.75 July 1,2016 $24,266.56 July 1,2017 $24,751.89 July 1,2018 $25,246.93 July 1,2019 $25,751.87 July 1,2020 $26,266.91 July 1,2021 $26,792.24 July 1,2022 $27,328.09 5.UTILITIES-LESSEE is responsible for electricity,natural gas,telephone,computer and internet services,water,garbage,and sewer,including all costs thereof associated with such usage for the Premises. 6. USE -LESSEE shall use the Premises as office space for the Department of Social Services or any other County department or authorized agent.LESSEE agrees to comply with all applicable laws,ordinances and regulations in connection with such use. LESSOR covenants that the Premises are suitable for the intended use.LESSOR further covenants that the Premises shall be in compliance with all applicable laws,ordinances and regulations,including but not limited to safety regulations,health and building codes. 7.REEDLEY SHOPPING CENTER SPECIAL PARKING PLAN -LESSEE shall subscribe to and at all times respect and abide by the terms of the Special Parking Plan applying to the Premises,as described in Exhibit "B",attached hereto and incorporated herein by reference.Specifically,LESSEE shall comply with all terms and provisions applying to the "LESSEE"or "Tenant"as set forth in Exhibit "B."It is understood that such term set forth in Exhibit "B"shall mean the County of Fresno,for purposes of this Lease Agreement.Additionally, LESSEE shall require and take all necessary and appropriate steps to ensure that any sub lessee of the Premises similarly complies with Exhibit "B." 8.MAINTENANCE -LESSOR shall be responsible for all exterior and interior 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedelyCenter/DSS/5610 maintenance,including repair of air conditioning,heating units, plumbing systems,electrical systems,fire sprinkler system,roof, painting, flooring,landscape,parking and other common area maintenance at the Premises,to include bird control at the entrance to the Premises. LESSOR is also responsible for the structural condition of the buildingand agrees that the building will always be maintained in a condition acceptable for the LESSEE'S intended use of the Premises.LESSOR'S maintenance responsibilities shall include carpet replacement and exterior and interior painting,as needed,due to normal wear and tear. Inthe event building systems such as air conditioning and heating units malfunction, restroom fixtures are not draining properly,or water intrusion,leaks or other events that immediatelyimpact the occupancy of the Premises by LESSEE occur, LESSOR shall respond within twenty-four (24) hours after contact by LESSEE to initiate repairs and replace equipment to restore the systems to full working order. Structural issues,including but not limited to damaged doors, wails, roof,and windows shall be a priority,and shall be addressed withinthe same day such are reported.LESSOR covenants that the Premises shall be maintained in substantially the same condition as that existing at the commencement of this LEASE. LESSEE shall be responsible for interior light fixture ballasts and lamp replacement. LESSOR shall provide names of contractors for such electrical work,and for signage or other maintenance work undertaken by LESSEE,all of which shall be at LESSEE'S expense. 9.LESSOR WORK -Upon approval of this LEASE,LESSOR,at its sole cost and expense,shall provide all labor,material and equipment to install new carpet and paint the interior of the Premises.LESSOR,or LESSOR'S designated contractor,and LESSEE shall tour the premises to determine the interior painting to be done. 10.JANITORIAL SERVICES AND COST -LESSOR,at LESSOR'S sole cost and expense,shall procure and provide janitorial services and supplies at the Premises (hereinafter "Janitorial Services").The Janitorial Services shall be provided five (5)days per week and will include the Janitorial Services and supplies as described by Exhibit "C",attached hereto and by this reference incorporated herein. LESSEE shall pay to LESSOR a monthly amount (hereinafter "Janitorial Cost")for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedelyCenter/DSS/5610 the janitorial services and supplies which shall be in addition to the Rent.LESSOR shall mail an invoice by the fifteenth (15th)dayofeach month for the Janitorial Cost to:County of Fresno, Department of Social Services,Attn:DSS Business Office,Reedley Regional Center,P.O.Box 1912,Fresno,CA 93718. The Janitorial Cost shall be eleven cents ($0.11)per square foot per month and shall begin accruing upon occupancy of the Premises by LESSEE.LESSOR may,after obtaining LESSEE'S written approval,increase the Janitorial Cost based on the LESSOR'S actual cost of the Janitorial Services up to an amount not to exceed twenty-five (25)cents per square foot per month.LESSOR and LESSEE may agree to amend this Section 10 to select a different janitorial service if the Janitorial Cost exceeds twenty five (25)cents per square foot per month,or to correct deterioration in the quality of the janitorial service,or for any other reason mutually agreed upon by the parties. 11.LESSEE TENANT IMPROVEMENTS TO THE PREMISES -Upon execution of this LEASE by all parties,LESSOR shall arrange and oversee construction of LESSEE tenant improvements as shown on Exhibits "D-1 and D-2,"("Tenant Improvements")attached hereto and bythis reference incorporated herein. Any modifications to the mutually signed drawings,plans and specifications for Tenant Improvements must be approved in writing by LESSOR, and by LESSEE through its Director of the Department of Social Services. LESSOR,at its sole cost and expense,shall provide all labor,material and equipment for the completion ofthe Tenant Improvements in strict accordance withthe approved plans and specifications.LESSOR and LESSEE shall mutually agree as to the hours when construction of the Tenant Improvements shall take place. LESSEE shall reimburse LESSOR'S property manager ("PM")the actual construction cost to complete the Tenant Improvements, in an amount not to exceed $450,000,within thirty (30)days from receipt of LESSOR'S bi-weekly progressive invoices for same. 12.COMPLIANCE WITH LAWS -As to the Premises,LESSOR acknowledges public funds are used for payments made by LESSEE under this LEASE and for "public work" projects LESSOR and its PM shall comply with,and shall ensure compliance by all contractors 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 and subcontractors with, all applicable laws and regulations,including the payment of prevailing wages pursuant to Section 1770 et.seq.of the Labor Code. 13.INDEPENDENT CONTRACTOR - In performance of the work,duties and obligations assumed by LESSOR under this LEASE, itis mutually understood and agreed that LESSOR, and its PM,including any and all of the their officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant, employee,joint venturer,partner,or associate of the LESSEE. Furthermore,LESSEE shall have no right to control or supervise or direct the manner or method bywhich the work and function shall be performed. However, LESSEE shall retain the rightto administer this LEASE so as to verify that LESSOR and its PM are performing their obligations in accordance with the terms and conditions thereof. LESSOR and LESSEE shall comply with all applicable provisions of law and the rules and regulations, ifany, of governmental authorities havingjurisdictionover matters and/or the subject thereof. Because of its status as an independent contractor,LESSOR shall have absolutely no right to employment rightsand benefits available to LESSEE employees. LESSORshall be solely liableand responsible for providing to, or on behalf of, its employees all legally-required employee benefits.In addition,LESSOR shall be solelyresponsible and save LESSEE harmless from all matters relating to payment of LESSOR'S employees,including compliance with SocialSecurity withholding and all other lawsand regulations governing such matters.It is acknowledged that duringthe term ofthis LEASE,LESSOR may be providing services to others unrelated to the LESSEE or to this LEASE. 14.BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches its obligation to maintain the Premises as herein provided,LESSEE shallgive written notice to LESSOR within fifteen (15)days ofthe discovery ofsuch breach.LESSOR shall then have thirty (30)days from the date ofnoticeto cure its breach,provided,however,that ifthe item of maintenance is of such a nature that it requires more than thirty(30) days to complete, then LESSOR shall have such additional time as is necessary to complete such maintenance as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 long as LESSOR commences workon such maintenance within said thirty (30) day period and diligently prosecutes such maintenance to completion. Subject to the foregoing, ifthe period for cure expires and if, in LESSEE'S reasonable determination,LESSOR has failed to cure,then LESSEE may,at its election: A.Terminate this LEASE upon thirty (30)days written notice to LESSOR.In such case,LESSEE shall have the rightto demand LESSOR refund any monies which were paid to LESSOR pursuant to the LEASE but which were not earned by LESSOR by consequence of its breach.Upon receipt of such demand,LESSOR shall promptly refund all such monies;or B. Cure LESSOR'S breach and deduct the cost of such cure,together with reasonable administrative costs,from LESSEE'S future rent obligation. LESSEE'S decision to cure LESSOR'S breach shall not constitute a waiver of any rights or remedies that LESSEE may have arising from this LEASE or by operation of law. 15.DESTRUCTION OR DAMAGE FROM CASUALTY - If the Premises are damaged or destroyed as a result of fire,earthquake,act of God,or any other identifiable event of a sudden,unexpected,or unusual nature (hereinafter "Casualty"),then LESSOR shall either promptly and diligently repair the damage at its own cost,or terminate this LEASE as hereinafter provided. A.LESSOR'S Election to Repair:If LESSOR elects to repair the Casualty damage to the Premises,then it shall within thirty (30)days after the date of Casualty provide written notice (hereinafter "Notice of Repair")to LESSEE indicating the anticipated time required to repair.LESSEE shall activate and apply its personal property insurance coverage for restoring any alterations or fixtures that it owns and/or has installed upon or in the Premises.Such repairs shall restore the Premises to substantially the same condition as that existing at the time of Casualty;such repairs shall also be made in compliance with all applicable state and local building 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 codes.LESSOR shall not be liable to LESSEE for compensation for any loss of business,or any inconvenience or annoyance arising from repair of the Premises as a result of the Casualty except for rent reduction as hereinafter provided.LESSEE shall be responsible at its sole cost and expense for the replacement of its personal property. B.LESSOR'S Election to Terminate Due to Casualty:LESSOR may only elect to terminate the LEASE due to Casualty if:the Premises have been destroyed or substantially destroyed by said Casualty;and the estimated time to repair the Premises exceeds ninety (90)days from the date of the Casualty.LESSOR shall provide LESSEE with written notice of its election to terminate within thirty (30)days after the date of Casualty,specifying a termination date not less than thirty (30)days from the date of said notice. C.Rent Reduction Due to Casualty:In the event of Casualty,LESSEE'S obligation to pay the rent shall be reduced beginning on the date of the Casualty.Such reduction shall be proportional to the damage caused to the Premises by the Casualty as mutually determined by LESSEE and LESSOR.If LESSOR elects to repair the Premises pursuant to the terms of this LEASE,then the rent reduction shall continue until the date of substantial completion of repair. D.LESSEE'S Election to Terminate Due to Casualty:If LESSEE does not receive a Notice of Repair from LESSOR within thirty (30)days after the Casualty,or if the anticipated period of repair contained in the Notice of Repair exceeds ninety (90)days,then LESSEE may elect to terminate this LEASE.LESSEE shall provide LESSOR with written notice of its election to terminate this Lease,specifying a termination date not less than thirty (30)days from the date of said notice.In such case,LESSEE shall have the right to demand that LESSOR refund any monies which were paid to LESSOR pursuant to the LEASE but which were not earned by LESSOR by L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 1 consequence of the Casualty.Upon receipt of such demand,LESSOR 2 shall promptly refund all such monies. 3 16.HOLD HARMLESS -LESSOR will indemnify,defend,and hold LESSEE 4 harmless from and against any and all liabilities,claims,demands,actions,proceedings, 5 costs,expenses or damages of any kind or nature and inany manner directlyor indirectly 6 caused,occasioned or contributed to by reason of the negligence,whether active or passive, 7 of LESSOR or anyone acting under its direction or control or on its behalf in connection with or 8 incidental to the performance of this agreement. 9 The parties acknowledge that as between LESSOR and LESSEE,each is responsible 10 for the negligence of its own employees and invitees. 11 17.INSURANCE - Without limiting the LESSEE'S right to obtain indemnification from 12 LESSOR or any third parties, LESSOR, at its sole expense,shall maintain in full force and 13 effect, the following insurance policies or a program of self-insurance throughout the term of 14 this LEASE: 15 a.Commercial General Liability -Commercial General Liability Insurance with 16 limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual 17 aggregate of Two Million ($2,000,000).This policyshall be issued on a per occurrence 18 basis.LESSEE may require specific coverages including completed operations, 19 products liability,contractual liability,Explosion-Collapse-Underground,fire legal 20 liability,or any other liability insurance deemed necessary because of the nature of this 21 contract. 22 b.Property Insurance -Against all risk of loss to LESSEE property,at full 23 replacement cost with no coinsurance penalty provision,naming LESSEE as 24 additional loss payee. 25 c.Automobile Liability-Comprehensive Automobile Liability Insurance with 26 limitsfor bodily injuryof not less than Two Hundred Fifty Thousand Dollars 27 ($250,000.00) per person, FiveHundred Thousand Dollars($500,000.00) per accident 28 and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or COUNTY OF FRESNO Fresno,California 8 L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 1 such coverage witha combined single limit of Five Hundred Thousand Dollars 2 ($500,000.00).Coverage should include owned and non-owned vehicles used in 3 connection with this LEASE. 4 d.Worker's Compensation - A policyof Worker's Compensation insurance 5 may be required by the California Labor Code. 6 LESSOR shall obtain endorsements to its Commercial General Liability insurance 7 naming the County of Fresno (hereinafter "County"),its officers,agents,and employees, 8 individually and collectively,as additional insured, but onlyinsofar as the operations under this 9 LEASE are concerned.Such coverage for additional insured shall apply as primary insurance 10 and any other insurance, or self-insurance,maintained by its officers,agents,and employees 11 shall be excess only,and not contributing with insurance provided under LESSOR'S policies 12 herein. This insurance shall not be cancelled or changed without a minimum of thirty(30)days 13 advance written notice given to County. 14 Within (30)days from date LESSOR executes this LEASE,LESSOR shall provide 15 certificates of insurance and endorsement as stated above for all of the foregoing policies,as 16 required herein, to the County of Fresno,Attn: ISD Lease Services (L-302), 2220 Tulare Street, 17 21st Floor, Room 2101,Fresno,CA 93721-2106,stating that such insurance coverages have 18 been obtained and are in full force;that the County,its officers,agents and employees will not be 19 responsible for any premiums on the policies;that such Commercial General Liability insurance 20 names the County,its officers,agents,and employees,individually and collectively,as additional 21 insured,but only insofar as the operations under this Lease are concerned;that such coverage 22 for additional insured shall apply as primary insurance and that any other insurance,or self- 23 insurance shall not be cancelled or changed without a minimum often (10)days advance,written 24 notice given to County. 25 In the event LESSOR fails to keep in effect at all times insurance coverage as 26 herein provided,the COUNTY may, in addition to other remedies it may have,suspend or 27 terminate this LEASE upon the occurrence of such event. 28 All policies shall be with admitted insurers licensed to do business in the State COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 1 of California.Insurance purchased shall be purchased from companies possessing a current 2 A.M Best Company rating of A FSC VII or better. 3 LESSEE shall maintain during the term of this LEASE the following policies of 4 insurance,which coverages may be provided in whole or in part through one or more 5 programs of self-insurance: 6 a. Commercial General liability insurance with limits of not less than One 7 Million Dollars($1,000,000.00) per occurrence and an annual aggregate ofnot less 8 than Two Million Dollars ($2,000,000.00).This policyshall be issued on an 9 occurrence basis. 10 b.All-Risk property insurance. 11 18.SURRENDER OF POSSESSION -Upon the expiration or termination of this 12 LEASE,LESSEE will surrender the Premises to LESSOR in such condition as that existing at 13 the commencement of this LEASE,less reasonable wear and tear,less the effects of any 14 Casualty as herein defined, and less the effects of any breach of LESSOR'S covenant to 15 maintain.LESSEE will not be responsible for any damage which LESSEE was not obligated 16 hereunder to repair. 17 19.FIXTURES -LESSOR agrees that any equipment,fixtures or apparatus installed 18 in or on the Premises by LESSEE shall continue to be the property of LESSEE and may be 19 removed by LESSEE at any time.LESSEE shall pay for the repair of any damage caused by 20 the removal of fixtures.Any of LESSEE'S fixtures not removed after LESSEE surrenders 21 possession shall become the property of LESSOR at LESSOR'S sole election,which decision 22 shall be commemorated in writing at the time. Any such fixtures that LESSOR elects NOT to 23 accept as surrendered,shall continue to remain the property of LESSEE,who shall promptly 24 remove them and restore the original condition of the Premises as they existed at Lease 25 Commencement,inany of the areas where such fixtures had been attached;and shall do so 26 within 15 days of such notification, it being noted that "possession"and rent responsibility 27 under the Lease shall continue until all such removals and restorations have been completed. 28 20.RIGHT OF ENTRY -LESSOR,or its representative(s),upon twenty-four (24) COUNTY OF FRESNO Fresno,California 10 L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 1 hours notice,shall have the right to enter the Premises at any time during business hours,or 2 at such other time as LESSEE deems appropriate,to make any alterations,repairs or 3 improvements to the Premises.The normal business of LESSEE or its invitees shall not be 4 unnecessarily inconvenienced.Inthe event of an emergency,LESSOR may enter the 5 Premises at any time without giving prior notice to LESSEE. 6 21.AMENDMENT - This LEASE may be amended by the mutual written consent of 7 the parties without inany way affecting the remainder. 8 22.NON-ASSIGNMENT -LESSEE shall not assign or transfer its rights or obligations 9 under this LEASE, or sub-lease said Premises or any portion thereof,without the priorwritten 10 consent of the LESSOR. 11 23. GOVERNING LAW -Venue for any action arising out of or relating to this LEASE 12 shall be in Fresno County,California. This LEASE shall be governed by the laws of the State 13 of California. 14 24.NOTICES -All notices to be given under this LEASE by either Party to the other 15 Party shall be in writing,and given by any one of the following methods: 16 (i)Personal delivery to the applicable address as set for below; or 17 (ii)Sent by certified United States mail, first class postage prepaid,with return 18 receipt requested,to the applicable addresses as set forth below, in which case such notice 19 shall be deemed given three (3)business days if LESSOR is the recipient,or three (3)days if 20 LESSEE is the recipient,after such deposit and postmark with the United States Postal 21 Service;or 22 (iii)Sent by a reputable overnight commercial courier, inwhich case such 23 notice shall be deemed given one (1)business day ifLESSOR is the recipient, or one (1)day 24 if LESSEE is the recipient,after such deposit with that courier to the applicable addresses as 25 set forth below. 26 The addresses and telephone numbers of the Parties for purposes of giving receiving 27 notices under this LEASE are as follows: 28 /// COUNTY OF FRESNO Fresno,California 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 LESSEE: County of Fresno Robert W.Bash (L-302) Director of Internal Services 2220 Tulare Street,21st Floor Fresno,CA 93721-2120 (559)600-1715 LESSOR: Reedley Center,Inc. Attn:Roger Burnell 111 Main Street,Suite A Los Altos,CA 94022 (650)941-2700 Provided however, such notices may be given to such person or at such other place as either ofthe Parties may fromtime to time designate bygivingwrittennotice to the other Party, and provided further however,in any event notices of changes of address or termination of this LEASEshall not be effective until actual delivery of such notice. Notices given hereunder shall not be amendments or modifications to this LEASE. 25.DISCLOSURE OF SELF DEALING TRANSACTIONS -This provision is only applicable if the LESSOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this LEASE,the LESSOR changes its status to operate as a corporation. Members of LESSOR'S Board of Directors shall disclose any self-dealing transactions that they are a party to while LESSOR is providing goods or performing services under this LEASE.A self-dealing transaction shall mean a transaction to which the LESSOR is a party and in which one or more of its directors has a material financial interest.Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form Exhibit "E",attached hereto and by this reference incorporated herein,and submitting it to the County of Fresno prior to commencing with the self-dealing transaction or immediately thereafter. 26.SIGNAGE -LESSEE shall conform to sign criteria standards as established by LESSOR,as well as the City of Reedley's sign regulations.LESSEE shall be permitted signage on the building fascia above its entrance and on the entry door,along with a designated section of the monument sign along Manning Avenue.LESSOR shall have the right to approve any signing requested by LESSEE.LESSEE shall be responsible for all costs for their signage. 12 L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 1 27.AUTHORITY -Each individual executing this LEASE on behalf of LESSOR 2 represents and warrants that that individual is duly authorized to execute and deliver this 3 LEASE on behalf of the Reedley Center,Inc.and that this LEASE is binding upon Reedley 4 Center,Inc. in accordance with its terms.The terms of this LEASE are intended by the parties 5 as a final expression of their agreement with respect to such terms as are included in this 6 LEASE and may not be contradicted by evidence of any prior or contemporaneous 7 agreement,arrangement,understanding or negotiation (whether oral or written). 8 28.ENTIRE LEASE -This LEASE constitutes the entire LEASE between the 9 LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior 10 leases,negotiations,proposals,commitments,writings,advertisements,publications,and 11 understandings of any nature whatsoever unless expressly referenced in this LEASE. 12 This LEASE shall be binding on and inure to the benefit of LESSOR'S heirs, 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// COUNTY OF FRESNO Fresno,California 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 successors and assigns. EXECUTED as of the date first herein written. LESSEE: COUNTY OF FRESNO By_ Deborah A.Poochigian,Chairman Board of Supervisors LESSOR REEDL By_ r W.Burnell,President Date Date ^/^/JT ATTEST:BERNICE E.SEIDEL,CLERK BOARD OF SUPERVISORS By_ Deputy APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG,COUNTY COUNSEL By_ Deputy APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A. AUDITOR-CONTROLLER/TREASURER- TAX COLLECTOR By_ RECOMMENDED FOR APPROVAL: By Robert W.Bash,Director of Internal Services/Chief Information Officer RECOMMENDED FOR APPROVAL: By Delfino E.Neira,Director, Department of Social Services Fund 0001 Subclass 10000 Org No.5610 Acct.No.7340 L-302Property/ReedleyCenter/DSS/5610 14 r\ EXHIBIT "A" L-302 ru\ © jL-KmL/1 J\ V 1 1 1 1 \r \'!)(0 / 1v- MIU © -f--*ft-4—' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California EXHIBIT B ReedleyShopping Center Special Parking Plan LESSEE shall subscribe to and at all times respect and abide by the Reedley Shopping Center Special Parking Plan ("Parking Plan"),consisting of this Exhibit "B" together with the Parking Analysis Report ("Report")of Appendix I,and its corresponding Site Plan to be attached herewith as Appendix II,which has been prepared and designed by R.W.Greenwood and Associates of Fresno,Civil Engineers,specifically for the purpose of providing a fully operative and successful traffic flow and parking plan that AT ALL TIMES assures more than adequate parking for the neighboring SaveMart Supermarket.This plan and analysis shall be approved by SaveMart,shall become attached hereto and become a part hereof,and any substantial change that is or may be proposed in the future and throughout the term of this Lease shall first receive the review and written approval of SaveMart or their designated representative,which approval shall not be unreasonably withheld,and which shall then receive the written approval of both of the Parties hereto before any implementation.The principal tenets of the Parkinq Plan are summarized here below: B-1.Plan Objectives 1.It is the principal objective of the Parking Plan to convert the established parking requirements for LESSEE,in accordance with both the City of Reedley prescribed allocations for their use as reflected and incorporated into the corresponding formal engineering analysis,into a combination employee and customer parking,traffic flow,and pedestrian path-of-travel flow plan that ASSURES that there will be LESS negative impact on SaveMart from the current expansion of LESSEE than there would from any standard retail sales operator newly arriving from the outside market.This ASSURANCE shall be based upon an analysis of generated traffic,parking count,parking location availability and pedestrian flow patterns,it being recognized that separate positive impacts are warranted and expected from the addition of potential customers to the Center in comparison to un-utilized storespace which are in the mutual business interest of all parties. 2.The Parking Plan Analysis shall analyze and compare the parking count for both conventional general retail and special use as prescribed herein,and shall publish the result in comparative form. 3.The Parking Plan shall be based upon the results of the engineers'traffic and parking count study,and shall designate locations for employees,and/or any other specified parking users and/or uses that are identified as useful or helpful for minimizing traffic impacts,while maximizing efficiency and availability of general customer parking for primarily SaveMart,and secondarily for LESSEE hereto,and equally reasonably for all other neighboring tenants,it being recognized that any overall plan must be beneficial without being discriminatory. 4.The Parking Plan shall specify the appropriate Means and Methods for implementing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California both any established parking locations and associated designations if any and theprocedureformonitoringandmanagingitsimplementationand9accomplishmenHtsJaB ite "as well a^aST'^Tj™"""^^performance °SaSfailures,as well as inadequacies or shortcomings should they arise and for document!™an^confirming the completion and success of the corresponding an?p^SSSS hJinnf^kin9 Pian Sha',l1 pr0Vide for a regular m°nitoring procedure by LESSOR or itsdesignatedagent,as well as an alternate monitoring procedure using either LESSEE?Staff Security personnel,or an outside Security Guard or Security Sen?lce eftherat tt,P ttrTJl thr LESh EE 3S !f C°rrent,y required'or at etther th*dlreclton^f LESSOR orF9?np H°/mnlK eSr 3nJ f°r SUch time Periods as deemed necessary by eitheLESSORand/or the Traffic Committee,and at the sole responsibility 2nI cos o B-2.Plan Implementation qita P.LheheSI'gnated PaIkln9 Analysis and ReP°rt ("RePort"),and the correspondingSitePlanshowingareasdesignatedforLESSEEparking,shall be completed bv RWGreenwoodandAssociatesanddistributedforreviewonorbeforeFebruSlth^' Once approved by LESSOR,LESSEE,and SaveMart,then it shall be attached andincludedhereinasAppendixI(Report)and Appendix II (Site Plan)and its final recommendations shall become relied upon and honored by both LESSEE and LESSORforthemutualuseandbenefitofallParties.^oott ana LtbbOR, B-3.Site Controls a ..Af c°p/°f+the apProved Parkin9 P!an and Site Plan shall be shown,discussed withanddisributedtoallManagersofthebusinessesinvolved,who shall indicate their approval and acceptance of its provisions,and who shall agree to respect its purpose and fulfillment.This consists of: •SaveMart (Corporate Office,Real Estate Management,and Store Manager) ',If??,?,(0wner'Pr°Perty Manager,Site Manager,and Leasing Manager)•LESSEE (The Fresno County Workforce Investment Board or its designees) d y ""ofSEE agrees that its employees,whether full-time or part-time,shall have theParkingPlanwiththeSitePlanshownandexplainedtothembytheirmanagementboth Detore LESSEE takes occupancy,and at the commencement of each person's formal employment,including any designated Assigned Parking -whether an area or numbered space -which may apply.to them,and shall sign an Agreement of Understanding that commits them to abide by said Plan.All Supervisors and Managers of LESSEE in addition to abiding by the same understanding,shall agree to monitor and assure that the employees who report to them are introduced to and kept abreast of any changes to the Parking Plan and/or its inclusive Site Plan,and that they respect and continue to abide by their commitment to the Parking Plan throughout their term of employment Each employee shall register their automobile with their employer by Make,Model Year and License Number,and a Site Permit shall be issued to each Employee who is assigned 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California a parking space,which shall be displayed in their car (either inside the windshield,or on the dashboard or mirror)certifying that they are the designated employee who shall be located in that area or space.LESSEE shall be responsible for conducting,monitoring and supervising this registration procedure and its proper implementation,and agrees to discipline any employee failing to comply with the existing or future Parking Plan,which discipline shall include but not be limited to the assessment of a $25.00 parking fine (or such other amount as LESSOR or Traffic Committee may determine is appropriate for addressing and preventing such instances of non-compliance. B-4.Site Monitoring &Reporting LESSOR or its representative shall conduct a weekly patrol during or in addition to regular Site Inspections to ensure that the Parking Plan is being adhered to.However the primary responsibility for monitoring and complying with the Parking Plan shall belong to LESSEE.Every two (2)weeks during the first sixth months of their occupancy and each (1)month thereafter,the designated Monitor,The Fresno County Workforce Investment.Board or its designees shall prepare and submit a Site Inspection Form,using the format included herein,listing any concerns that have been brought to theirattention by SaveMart,any Party hereto,or any Member of the Traffic Committee (See B-5 below) that brings into question the proper and effective implementation of the Parking Plan, which report shall clearly show the corrective action or procedure that has been taken.' B-5.Parking Plan Monitoring &Improvement Effective on the first day of occupancy of LESSEE,a standing Traffic Committee ("The Committee")shall come into existence,and be comprised of the following Members: • The Store Manager of SaveMart •LESSEE (The Fresno County Workforce Investment Board or its designees) •The Reedley Shopping Center Site Manager •The Highest Ranking Officer of the Designated Property Manager Company •SaveMart's Designated Internal Property Manager for Store #27, at their sole discretion and option,when and as theysee fit. •R.W.Greenwood and Associates,on a case-by-case basis,at the request and invitation of any other committee member. The preferred method of association is that any Members of the Committee may and should confer with each other from time to time on an informal and congenial basis to consider and implement any mutually beneficial policies and/or procedures.Those adjustments that may call for or benefit from a change to the engineered Parking Plan, as attached hereto,shall require a record of approval through written memorandum as provided for in the opening Paragraph of this exhibit B.All Parties shall strive toward,and hereby commit to work together in their best good faith toward assuring the proper implementation of the Parking Plan as originally intended,and toward reaching an amicable and expedient correction and/or resolution to any concerns that may come to their attention. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,.Callfornla B-6.Corrective Action However,and nonetheless,should the informal operation under Section B-5 herein not be found to be sufficient for any matter so treated,and should it be considered necessary to do so,any Member may at any time,by no less than five (5)days written notice to the others,call for a review of by The Committee of any matter of concern or urgency that deserves such attention,by submitting a copy of the attached form (or any reasonable facsimile thereof)to the other members.Said Committee shall confer by telephone,and/or convene in person in whole or in part if deemed necessary,to address and resolve any such matter at hand in a suitably efficient and professional manner IT SHOULD BE MADE CLEAR THAT IN ANY AND ALL SUCH INSTANCES THE FUNDAMENTAL OBJECTIVE IS AND WILL BE TO ADDRESS AND DULY ASSUAGE ANY CONCERNS OF SAVEMART SUCH THAT THE BASIC TENET OF THIS PLAN AS EXPRESSED IN SECTION B.1-1,IS-ADDRESSED AND UPHELD,WHETHER'BY SINCERE,JOINT ADHERENCE TO THE PLAN AS INTENDED,OR BY MODIFICATION OR IMPROVEMENT THAT MAY BE PROPOSED OR RECOMMENDED TO SAID PLAN IN DUE COURSE,AND/OR BY IMPROVED OR ADDITIONAL MONITORING AND CONTROL,AS NECESSARY,AND IT IS FUNDAMENTAL TO THIS PLAN AND THE AGREEMENT OF THE PARTIES HERETO THAT COMPLIANCE WITH THE PLAN AS REFLECTED IN ITS MOST CURRENT ISSUE OR REVISION,IS THE PRIMARY OBJECTIVE OF THIS COOPERATION RATHER THAN NON-COOPERATIVE FAULT FINDING OR PUNISHMENT. However,notwithstanding the commitment and intent of the foregoing,any findings of the Committee that may call for corrective action (such asa failure to regularly monitor and report,or a failure to cite instances of violations),or any finding calling for disciplinary action (such as the finding ofan employee with a poor compliance record),shall result in a Formal Complaint for Action sent to both Parties hereto with a copy to SaveMart. Three (3)votes shall always be sufficient to institute such action,whether corrective or disciplinary,although a Recommendation for Action can be issued with two (2)votes. Within three (3)days of receiving anysuch Complaint,the Parties hereto shallconferor convene and develop an effective resolution by mutual consent.If after thirty (30)days thereafter,a responsible solution is not in place,SaveMart may ask,and Landlord shall then become obligated to bring in a Professional Mediatorf),at LESSEE'S sole expense, for the purpose of resolving the concern and re-asserting the efficacy of The original Plan! as designed and intended.It is the earnest intention of all Parties hereto that any such concerns can and will be resolved bythe following ofthe procedures herein.However, should LESSEE or LESSOR not responsibly carry out their duties and responsibilities hereunder,including but not limited to LESSEE'S or LESSOR'S disregard for the full and proper implementation ofThe Plan,and/or LESSOR not commencing Mediation when properly asked to do so, the non-performing partyshall be considered to be in violation of the joint written understandings and agreements which underlay this Plan,then allowing the provision of Indenture B-7 at the discretion of-and to specifically ensure and protect againstany agrievement or detriment to-SaveMart,from LESSEE,or LESSOR'S failure to assure compliance with the Parking Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California L-302 ReedleyRegionalCenter ReedleyCenter/Dss/5610 B-7.Ultimate Remedies A.Arbitration. In the mostseriouscase,should itbecomenecessary to resolve any conflict amonganyofthe three parties consisting of LESSOR,LESSEE,and SaveMart,thatis not otherwise resolved or resolvable bythe previous provisions,at the option and request of SaveMart,any such conflictshall be submitted to the American Arbitration Association for arbitration and dispute resolution in accordance with their standard rules,to include a provision for injunctive relief.Their finding shall be binding as to correction action,and any and all costs,-including any associated attorney's costs - so necessitated by and demonstrated non-compliance with the Parking Plan shall be bornebythe offending party at the discretion ofthe arbitrator,whether itbe LESSOR LESSEE or both. B.Termination. Notwithstanding the foregoing,both LESSOR and SaveMart shall retain the right to and all remedies that may be available to them as they at their sole discretion may consider appropriate and fitting,forassuring that the intent and execution of the Parking Plan are met,abided by and fulfilled by LESSEE.If after three (3)or more successive efforts at mediation or arbitration,LESSEE has still not satisfactorily complied therewith,a default under this Lease may be declared,and LESSOR may,or at SafeMart's specific direction shall,issue a termination of Lease for Cause Notification,which shallbecome effective ninety(90)days hereafter unless,LESSEE has by that time adequately cured the default. \jM^UMtQ {|&-* SAVCMART SUPOWMKCT s KM KWWKMCE |S<COHKECTION |C6 J5M IMIWKN W r.NWNtti*NWI WW S /<?%?"^^^^^1 C^"<^Rj _,: t"*~'••">'.••••;•••'''=."•'.'KSaj&r'l fSSSSf^^v---•-....'-..-•^-—^^tV I f""*^.y».I •;•4 ;.-;••;.f .,•:,.Kv.'t :;'--*:': --::::w-'•>';->•:•;"':^>'":-fTb ••.;<••-.:>-:••>'<-;•;•>fl,Kit•;>;-.<£:;>'";;•<;::.^T;;x •':| ::<->;-•>•>•••cfeatfeef:^egaasn -;. d^3 <5^>£&^>V5b <5>n»<d ;'l:•t;£/ niV5 •=15:irr..=w MANNING AVENUE ' i S o D CQ •narr-r it vr LEASE APPENDIX II (SitePlan) REEDLEY SHOPPING CENTER PARKING MASTER PLAN R.tf.Greenwood Associates.Inc. CTVtL ENGINEERING -t/ND SURVEYING LEASE APPENDIX (For Reference Only) R.W.GREENWOOD ASSOCIATES,INC CIVIL ENGINEERING •LAND SURVEYING •PLANNING P«nx,r rrl505f^SJ„OUVE AVENUE 'mESNO'CALIFORNIA 93701-1217PHONE(559)260-7031 •VAX (559)260-3120 .EMAIL:rwgassoc@pacboll.nol RONALOW.GREENWOOD,C.C.IZ40S MARK W.GREENWOOD.C.E.47332.L.S.0015 MEMBER C.P.A.3745I ...„„"- nuODIED.BELL.L.S.4 151 AMERICAN SOCIETY CARL RICHARD ANDERSON,L.S.1053 ..February X,2002 CIVIL ENGINEERS CALIFORNIA BUILOINB INDUSTRIES ASSOCIATION The Reedley Shopping Center C/0 Roger W.Burnell c,,,,;^,.„„c,•^One Eleven Main S bj?Cl'Rccdlcy SI|°PP'»G Center Los Alios.Cn.94022 P^rkmg Master Plan Dear Mr.Burnell. -i^iSbxwS?!??ISS0^1'll,c su-icc'sl,oppi"g r "•As ,)i"''or ,his cv:,,Ui,li011 p,c;)sc rcfcrciicc ihc.itwciicd bxlub.t A Submitted for your review.,s our evaluation for Ihc current land uses and (he City orRecdlcvrcq.nrcmcnls for such use,This review is limited to the parking requirement,for Save Marl SupcrS^.i^SL» Co.mcc.ton only nnd no dderminaiion oflhe adequacies of parking places have been analyzed for Ihc remn „„,«!occupying this center.Please review the following >wn.nniug tenants Parkinu Program Specifics: I.)Cily or Rccdlcy Requirements n.)General Business/Professional Offices:2.5 slalls per 1000 square feci (s.f.) b.)General Retail Stores (except food):5.0 slalls per 1000 s.f, c)Wliolcsalc and Commercial services:1.67 slalls per 1000 s.f. d.)Cily,County,State and Federal Administrative Offices:2slalls per 4full-lime employees c)Other:Joint Use formulas are permissible and can be assessed by adding together the different uses,pro-rale share. 2.)Current Retail Parking Requirements a.)*01d SaveMart Supermarket Location equals 2.1,157 s.f.(116 parking slalls) b.)*01d Location for Liquor Store equals 4,020 s.f.(20 parking slalls) c.)'Existing WorkForcc Connection equals 4,000 s.f.(10 parking slalls) ♦Square footage supplied by properly manager. The total parking stalls required is 146 spaces. .1.)Now Proposed Tenant Expansion The new proposal would require 34 spaces for employees (using Ihc Cily guideline of2 spaces per 4employees)and another 4.5 (rounded off lo 5)for periodic and transitional arrivals and departures.Additionally,aconservative analyst might allow for an additional margin or25 cars for general clients and visitors,with an average slay or75 minutes Then using nlactor of I car per 2visitors,the overall potential parking need for WorkForcc Connection maximizes at 64 total- 4.)Evaluation Summary a.)The 64 spaces needed by Work Force Connection for its expansion will use only 4.1.8%or the spaces already allocated for their premises,and will produce an initial new surplus 0rX2 parking spaces compared to general retail b.)However,lo further expand (he parking options,ihc landlord litis proposed adding an additional 94 spaces IIS delineated on Exhibit "A": •27 new spaces to be added behind the building. • 7 to be addedto the Northwest Corner •12 new spaces to he added behind llto Pizza.Nail and Discoiml Slorcs c) d.) c) 26 additional sialls which will result from resiriping ai avO-degrec angle along (he main drive store fronts 22 new specified spaces on the Easl side along Buttonwillow Avc„uc)-and As afurther increase lo available parking,the Ccnlcr can designate up io 49 ofthc excess spaces in Ihc reinvestparkinglottothewestofthecurrentWorkForccConnectionfacility(2'Su^g'p^1™Z ,s 59 lhal will become available,less 10 as required by code for Suite 1-565=49}to hr .i«J1 fiYIt,?,.slaTT parking,effectively opening another 49 spies in .I ma!'pnSinu lot gC"0n""«"S,gncd behind (heir respective business"so•*to m-S ™,1 f °''"C"l,Cr i,SSignCd and/or in ""ocalcd spacesforcuslomerparking(Aco y"^1!r '??",l,,m,,"unibcr orsPacos for 6cn™>P^lic use «nd policies is attached herelo SYooend xA^G"!1 °y S"°PPing Cc",0r Uasc "»"Prov*cs r<*suchwillreadilyabsort,e ,,oyc^0?nc N'^l^nt n ^T,^"?""^^°r",C WFaPba»ntoo*basic WIC s,aff(l2)can be .SSu^.ho ^n^S^^^^"*DlSC°Un'^(4X ^^»»' -bis space ulilizedty .he^^am^^S^SZT^"^"^^""^to '»**' ^MIl^^^£MK!MIREPMRED EXISTING SPACES Conventional Retail User l1fi s Current WorkForcc Facility lOSnicTTOTALCURRENTNEEDj^^s" PROPOSED SPAfflS WorkForcc w/Expansion (64+10)74 g Less:Added Spaces «-(n^c,,„,<9«1>SpacesLess:Transferred/Assigned Spaces <49>s' TOTAL NEW NEED <EXCESS><68>Spaces NEW EFFECT QN TENANT n-t anhb •Now SURPLUS Parking:215 SPACES Made Available JSfvSJ'r8 E,Vr"U:,!i0n ?10WS ",m "le inlC"dcd cha"S°P10vidcs "ol only aPositive benefit lo availability of parkin, compared .0 the status quo.The intended expansion use would be expected .0 be only apositive stimulus for business . ™?™;T r,"d "'iS US°l°b°My con,P;Uible a«d.iranylhing,asubstantial contribution to (he parking requirements 'F^c^iSS,^'usor ,ramc Pi,,,cms'c,,slon,c'-acccss and -«»"%.-d fo^SSS • Should you have any questions please feci Tree to give mc a call. Very Truly Yours R.W. Greenwood Assoc.Inc. •v.-.«•!*•• R.W.GREENWOOD ASSOCIATES,INC. CIVIL ENGINEI-niNO .I.ANO SDIIVEVING •PLANNING APPENDIX A. STANDARD REEDLEY SHOPPING CENTER LEASE PROVISION 27.PARKING AND COMMON AREAS »<r.he bo„„d»=s OTd loci io„.";°h „Xs*°"8 "•*"?•,""cnKmra'="iK'M"«"•"»» .»<!Ihdr agcnl.,employ^m,„Z,l^t-,'^olhcr Jra«»'"«<^«~™rS.,„.„„ iKIfc tXHIfcill "(J JANITORIAL L-302 REEDLEY CENTER JANITORIAL PERFORMANCE SPECIFICATIONS GENERAL SPECIFICATIONS 1.The general day-to-day housekeeping activities are performed in accordance with commercial building housekeeping standards. 2. A schedule of housekeeping activities is attached to this Exhibit,and identified as Attachment 1. 3. Thereshall be sufficient housekeeping cleaning supplies and equipment provided to perform duties on a daily basis. 4.Housekeeping cleaning supplies and equipment shall be stored in designated housekeeping room(s). 5. Abinder containing the MaterialSafety Data Sheets (MSDS)forall products used in conjunction with cleaning the facility shall be kept on-site inthe designated housekeeping room(s). The MSDS binder shall be kept up to date at all times. 6. A detergent germicide shall be used for all cleaning and dusting purposes. 7.Mop heads shall be removable and changed regularly. 8. Thereshall be sufficient housekeeping personnel to maintain the interiorof the buildingsina safe,clean, orderly,attractive manner and free from offensive odors. 9.Unexpected or unscheduled needs for housekeeping services shall be categorized into three priority levels. A. The highest priority services shall be those required for safety and sanitation.Any unsafe or unsanitary condition shall be corrected as soon as possible (always withintwenty-four (24)hours). B.The second priority level shall be services required for the general functioning of the facility,but for which no hazard is present.These shall be corrected as soon as possible,with written timelines for repairs provided to DSS Facilities Analyst. C.All other situations shall be handled on a scheduled basis. ONCE PER DAY CLEANING 1.Vacuum all carpets thoroughly: A.Under and around furniture. B.Corners,behind doors and along baseboards. C.Spot clean spills,stains and remove gum.Empty all wastebaskets and waste containers and replace liners as needed. 2.Damp wipe all counters,modular furniture work surfaces,and desktop,providing they are free of work materials. 3. Dust (with treated mop),spot clean and damp mop hard surface floors. EXHIBIT "C" JANITORIAL L-302 4. 5.Clean up spillage. 6.Clean all entry/exit doors and door glass,inside and outside. 7. Dust with a treated mop and damp mop all outside and inside entry floors. 8.Restrooms: A.Floors are to be mopped with a disinfectant approved by Fresno County. B.Fixtures on the sinks,toilets,urinals,and the mirrors are to be cleaned with a disinfectant approved by Fresno County. C. Toilets and urinals, plus the surrounding wall areas,are to be cleaned with a disinfectant approved by Fresno County. D.Sinks are to be cleaned with a powder cleanser containing bleach,if permitted. E.Tile surrounding sinks are to be cleaned using disinfectant approved by FresnoCounty. F.Empty wastebasket containers. G.Refill toilet paper,paper towel,soap dispensers, sanitary products,airfreshener dispenser,and seat covers. H.Other cleaning agents to remove resistant soil,polish metal,or preserve floors should be used as needed,after any required treatment with disinfectant cleaner.Cleaning agents to be approved by Fresno County. I.Clean all toilet paper,paper towels and soap dispensers. 9.Spot clean windows,walls,doors,door jams and area around light switches. 10.Clean with sanitizing disinfectant doorknobs. 11.Remove empty boxes,cardboard and miscellaneous material and place in appropriate containers. 12.Damp wipe waiting area chairs and benches in waiting room. 13.Remove staples and paper clips from carpet. 14.Clean sinks and counters in break rooms. 15.Remove cobwebs. 16.Clean door thresholds. 17.Replace all inoperative light bulbs/fluorescent tubes. 18.Wash fingerprints from walls. 19.Remove graffiti from wall areas. WEEKLY CLEANING 1.Damp wipe all metal and wood window ledges. 2.Clean both sides of all interior window glass. 3.Damp wipe tops of all modular and other furniture systems. 2 EXHIBIT "C" JANITORIAL L-302 MONTHLY CLEANING 1.Clean and dust air vents. 2.Pressure wash the exteriorof the buildingfor an estimated cost of $200.00 per service. BI-ANNUAL CLEANING (twice per year) 1.Clean all exterior windows using the squeegee system.Service done duringthe day shift. 2.Strip and wax all linoleum and other hard flooring as appropriate. 3. Shampoocarpets (using extraction method)throughout the building,including all waiting and reception areas. AS NEEDED 1.Replace light bulbs as needed. 2. Policethe parking areas around the buildingto remove garbage and rubbish. 3.Clean cloth chairs as requested (please provide price per chair). 4.Pressure wash the exteriormain entry area of the building (please provide cost per service)foran estimated cost of $200.00 per service DEPARTMENT OF SOCIAL SERVICES FACILITY HOUSEKEEPING SCHEDULE EXHIBIT "C" JANITORIAL L-302 DAILY WEEKLY MONTHLY AS NEEDED looring - All Areas le/VCT/Terrazzo/Cement Dust floors X Wet mop floors X Spot Clean X Strip/Wax/Polish floors Biannually or as requested :arpeted Areas Vacuum X Spot clean X Shampoo Biannually or as requested estrooms -Staff Sinks X X Toilets X X Floors X X Walls X X Baseboard X X estrooms -Public Sinks X X Toilets X X Floors X X Walls X X Baseboard X X )ffice/Lobby/Reception Areas Empty trash containers X Doors -clean &polish X Door windows -clean X Walls/spot clean X Upholstered furniture -Shampoo Cost estimates to be provided upon request. Clean HVAC related vents X Change light bulbs as needed X Drinking fountains - clean/sanitize/polish X Dust furniture,counters,cabinets, bookshelves,tops of modular furniture partitions,etc. X Damp wipe all counter surfaces X Clean stairwell handrails.n/a Clean windows (exterior)Bi-annually or as requested Clean windows (interior)X Clean window ledges -damp wipe X Clean lunch/break/kitchen rooms X Clean entrance &exit doors X Scope of Work Reedley Center,Inc. Item lA -Reconfigure Lobby &West Hallway 1.Remove front and rear counters. 2.Remove ten existing walls. 3.Add three insulated walls. 4. Cut opening to future specs for front lobby at new counter. 5. Cut opening in exterior masonry to accommodate new 3070 metal door. 6.Add new 3070 exterior metal door and frame. 7. Addnew3070 wooddoor with metalframe in hallway. 8.Add new 3070 wood door with metal frame for new office 9. Repair t-bar and ceiling tiles. Grid pattern will not match. 10.Dumpster. *Demo/relocate/add electrical for new layout. ^Install Hot &Heavy LVT. *New paint throughout. Item 2B -Replace Existing Entry Doors 1. New bronze glass doors with new closers &panic hardware. Item 3C -Relocate Children's Door &Water Fountain 1.Remove existing children's door. 2. Cut wall for new opening. 3.Add new children's door in new location. 4.Add new insulated wall. 5.Add new water fountain. 6. Fill in opening,including insulation. 7.Relocate existing circuit for new door location. 8.Repair t-bar and ceiling tiles. Item 4D -Remove Doors & Off Haul 1.Remove three 3070 wood doors. Exhibit "D-l" L-302 Scope of Work 2. Fill in openings,including insulation. 3.Demo existing circuits. Item 5E -Relocate Hallway Wall &Door 1.Remove 3070 wood door and wall. 2.Add new 3070 wood door. 3.Patch old wall. 4. Add new wall and support in relocated area. 5.Relocate existing circuit for new door location. 6.Repair t-bar and ceiling tiles. Item 6F - Relocate Door With Correct Swing 1.Remove 3070 wood door. 2.Cut wall for new door. 3. Add new 3070 wood door with correct swing. 4. Fill in opening. 5.Relocate existing circuit for new door location Item 7G -Remove Partition Wall &Closet 1.Remove partition wall and closet. 2.Patch wall. 3.Relocate/add switches per specs. 4.Repair t-bar and ceiling tiles. Item 8H -Replace Doors 1.Remove three 3070 wood doors. 2.Relocate one 3070 wood door to meet ADA compliance at hall. 3. Add two 3070 door with correct swing. 4.Patch wall. Item 17 -Rezone HVAC Units 1.Provide design and engineering. 2.Provide drawings,details,and specifications. 3.Provide all Title 24 documentation. 4.Provide complete field survey to generate HVAC as-builts. 5.Rezone existing system as required to common usage areas Exhibit "D-l" L-302 Scope of Work and ceiling heights. 6. Provide new ducting where needed and repair existing ducting as required to prevent any air leakage. 7.Modify diffuser locations as needed. 8.Relocate existing thermostat controls to appropriate zones. 9. Balance all systems as required for optimum flow and efficiency. 10.Provide HVAC zone map when completed. 11.Provide written air balance report when completed. Restrooms 1.Remove and reinstall 11 toilets. 2.Install standard VCT and baseboard throughout. 3.Remove ten lavatories. 4.Provide and install ten self-rimming lavatories. 5.Install new countertops. 6.Prepare,prime and finish paint. Fire Sprinklers Relocation Exhibit "D-l" L-302 Scope of Work ^ >—) ^ ^r Current Lobby Layout W Proposed Lobby Layout fC7" ja lAf £ <c ^ T ;t M ^/ FfSF ^ OQ A 52lv^Vl jFzr Exhibit "D~2" L-302 SELF-DEALING TRANSACTION DISCLOSURE FORM Exhibit "E" L-302 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), 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, performing services,or both for the County.A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a partyand in which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member's company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum,include a description of the following: a.The name of the agency/company with which the corporation has the transaction;and b.The nature of the material financial interest in the Corporation's transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3)and (4). Mail the completed form to:County of Fresno Attn:Lease Services (L-302) Internal Services Department 2220 Tulare Street,Suite 2100,Room 2101 Fresno,CA 93721-2106 (1)Company Board Member Information: Name:Date: Job Title: (2)Company/Agency Name and Address: (3)Disclosure (Pleasedescribethe nature ofthe self-dealing transaction you are a partyto): Exhibit "E" L-302 (4) Explainwhy this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5)Authorized Signature Signature:Date: EXHIBIT "B-T FL-117 Space Calculations Ref.SQFT Who Description %of Direct Common Allocation Total 13 93 Common Janitor's Closet 15 742 Common Central Supply/PG&E 17 504 Common Large Conf.Room 18 565 Common Break Room 19 596 Common Staff Restrooms 26 267 Common Public Restrooms 28 251 Common Data Room 30 6,415 Common Circulation 9,433 Common Total 25 483 DSS Children's Room 1 3,507 DSS Lobby/Reception/Offices 2 168 DSS Office 1 3 161 DSS Office 2 4 161 DSS Office 3 5 161 DSS Office 4 6 161 DSS Office 5 7 161 DSS Office 6 8 161 DSS Office 7 9 161 DSS Office 8 10 161 DSS Office 9 11 161 DSS Office 10 12 218 DSS File Room 14 265 DSS Mail Room 16 244 DSS Sm.Conf Room. 27 150 DSS M.H.Office 29a 4,680 DSS Cubicles (52 @ 90 sf) 11,164 DSS Total 63%5,935 17,099 20 895 Workforce Office Cluster (6) 21 1,335 Workforce Job Club Room A & B 22 526 Workforce Training Room 23 1,309 Workforce Youth Area 24 1,345 Workforce Adult Resource Room 29b 1,170 Workforce Cubicles (13 @ 90 sf) 6,580 Workforce Total 37%3,498 10,078 27,177 Grand Total 100%9,433 27,177 Reedley Regional Center Workforce Connection One-Stop m x ti =r 71 -vj CD i N3 EXHIBIT "C" JANITORIAL FI-117 REEDLEY CENTER JANITORIAL PERFORMANCE SPECIFICATIONS GENERAL SPECIFICATIONS 1.The general day-to-day housekeeping activities are performed in accordance with commercial building housekeeping standards. 2. A schedule of housekeeping activities is attached to this Exhibit,and identified as Attachment 1. 3.There shall be sufficient housekeeping cleaning supplies and equipment provided to perform duties on a daily basis. 4.Housekeeping cleaning supplies and equipment shall be stored in designated housekeeping room(s). 5. A binder containing the Material Safety Data Sheets (MSDS)for all products used in conjunction with cleaning the facility shall be kept on-site in the designated housekeeping room(s).The MSDS binder shall be kept up to date at all times. 6. A detergent germicide shall be used for all cleaning and dusting purposes. 7.Mop heads shall be removable and changed regularly. 8.There shall be sufficient housekeeping personnel to maintain the interior of the buildings in a safe,clean, orderly,attractive manner and free from offensive odors. 9.Unexpected or unscheduled needs for housekeeping services shall be categorized into three priority levels. A. The highest priority services shall be those required for safety and sanitation.Any unsafe or unsanitary condition shall be corrected as soon as possible (always within twenty-four (24)hours). B.The second prioritylevel shall be services required for the general functioning of the facility,but for which no hazard is present.These shall be corrected as soon as possible,with written timelines for repairs provided to DSS Facilities Analyst. C.All other situations shall be handled on a scheduled basis. ONCE PER DAY CLEANING 1.Vacuum all carpets thoroughly: A.Under and around furniture. B.Corners,behind doors and along baseboards. C. Spot clean spills,stains and remove gum.Empty all wastebaskets and waste containers and replace liners as needed. 2. Damp wipe allcounters, modular furniture worksurfaces,and desktop,providingthey are free ofwork materials. 3. Dust (with treated mop),spot clean and damp mop hard surface floors. EXHIBIT "C" JANITORIAL FI-117 4. 5.Clean up spillage. 6.Clean all entry/exit doors and door glass,inside and outside. 7. Dust with a treated mop and damp mop all outside and inside entry floors. 8.Restrooms: A. Floors are to be mopped with a disinfectant approved by Fresno County. B.Fixtures on the sinks,toilets,urinals,and the mirrors are to be cleaned with a disinfectant approved by Fresno County. C. Toilets and urinals,plus the surrounding wall areas,are to be cleaned with a disinfectant approved by Fresno County. D. Sinks are to be cleaned with a powder cleanser containing bleach,if permitted. E.Tile surrounding sinks are to be cleaned using disinfectant approved by Fresno County. F.Empty wastebasket containers. G.Refill toilet paper,paper towel,soap dispensers,sanitary products,air freshener dispenser,and seat covers. H.Other cleaning agents to remove resistant soil,polish metal,or preserve floors should be used as needed,after any required treatment with disinfectant cleaner.Cleaning agents to be approved by Fresno County. I.Clean all toilet paper,paper towels and soap dispensers. 9.Spot clean windows,walls,doors,door jams and area around light switches. 10.Clean with sanitizing disinfectant doorknobs. 11.Remove empty boxes,cardboard and miscellaneous material and place in appropriate containers. 12.Damp wipe waiting area chairs and benches in waiting room. 13.Remove staples and paper clips from carpet. 14.Clean sinks and counters in break rooms. 15.Remove cobwebs. 16.Clean door thresholds. 17.Replace all inoperative light bulbs/fluorescent tubes. 18.Wash fingerprints from walls. 19.Remove graffiti from wall areas. WEEKLY CLEANING 1.Damp wipe all metal and wood window ledges. 2.Clean both sides of all interior window glass. 3.Damp wipe tops of all modular and other furniture systems. EXHIBIT "C" JANITORIAL FI-117 MONTHLY CLEANING 1.Clean and dust air vents. 2.Pressure wash the exterior of the building for an estimated cost of $200.00 per service. BI-ANNUAL CLEANING (twice per year) 1.Clean all exterior windows using the squeegee system.Service done during the day shift. 2. Strip and wax all linoleum and other hard flooring as appropriate. 3.Shampoo carpets (using extraction method)throughout the building,including all waiting and reception areas. AS NEEDED 1.Replace light bulbs as needed. 2.Police the parking areas around the building to remove garbage and rubbish. 3.Clean cloth chairs as requested (please provide price per chair). 4.Pressure wash the exterior main entry area of the building (please provide cost per service)for an estimated cost of $200.00 per service DEPARTMENT OF SOCIAL SERVICES FACILITY HOUSEKEEPING SCHEDULE EXHIBIT "C" JANITORIAL FI-117 DAILY WEEKLY MONTHLY AS NEEDED looring - All Areas le/VCT/Terrazzo/Cement Dust floors X Wet mop floors X Spot Clean X Strip/Wax/Polish floors Biannually or as requested Carpeted Areas Vacuum X Spot clean X Shampoo Biannually or as requested estrooms -Staff Sinks X X Toilets X X Floors X X Walls X X Baseboard X X estrooms -Public Sinks X X Toilets X X Floors X X Walls X X Baseboard X X )ffice/Lobby/Reception Areas Empty trash containers X Doors -clean &polish X Door windows -clean X Walls/spot clean X Upholstered furniture -Shampoo Cost estimates to be provided upon request. Clean HVAC related vents X Change light bulbs as needed X Drinking fountains - clean/sanitize/polish X Dust furniture,counters,cabinets, bookshelves,tops of modular furniture partitions,etc. X Damp wipe all counter surfaces X Clean stairwell handrails.n/a Clean windows (exterior)Bi-annually or as requested Clean windows (interior)X Clean window ledges -damp wipe X Clean lunch/break/kitchen rooms X Clean entrance &exit doors X