DATE: September 12, 2017
TO: Board of Supervisors
SUBMITTED BY: Robert W. Bash, Director of Internal Services/Chief Information Officer
SUBJECT: Retroactive Amendment I to Lease Agreement #13-092 - Richard A.
Ciummo & Associates, Inc.
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Retroactive Amendment I to Lease Agreement # 13-092, with Richard A. Ciummo & Associates, Inc. for the office space at 3333 E. American Avenue, Fresno, CA 93725 to continue the lease on a month-to-month basis, effective July 1, 2017 through June 30, 2022, with an increase in the rent from $1,335.30 per month to $1,362.01 per month, not to exceed $85,055 for the term.
REPORT
Approval of the Recommended Action will extend Lease Agreement, # 13-092, which expired on June 30, 2017, on a month-to-month basis effective July 1, 2017. It is recommended to continue leasing the County office space to Richard A. Ciummo & Associates, Inc. (Ciummo & Associates) for their alternative defense legal services at the Juvenile Court, which is within the Juvenile Justice Campus (JJC), Building 701, at address 3333 E. American Avenue, Fresno, until June 30, 2022. The initial rent effective July 1, 2017 is $1,362.01 per month for approximately 1,200 square feet of office space that includes County maintenance, utilities, and janitorial. The amendment includes rent increases in the following years.
ALTERNATIVE ACTION(S):
If the recommended amendment is not approved, Ciummo & Associates will have to provide services from another, less convenient location, that could cause delays in the legal services they provide for clients at the JJC.
RETROACTIVE AGREEMENT:
The recommended action is retroactive as a result of coordinating the proposed lease amendment with the agreement awarded to Ciummo & Associates for the provision of services on June 6, 2017.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. Ciummo & Associates will continue paying rent to the County. Effective July 1, 2017 the rent will begin at $1,362.01 per month ($1.113 per square foot) for 12 months. The rent will increase by 2% each year thereafter for a total rent of $85,055.40 for five years. Revenue will be posted to the Internal Services Department - Facility Services Division, Org 8935.
DISCUSSION:
Ciummo & Associates have leased approximately 1,200 square feet of office space at the Juvenile Court (that includes rooms C101 through C111) located on the JJC since July 1, 2009. The term of the recommended amendment is for five years and conforms with the term of their current five-year County contract to provide alternative defense legal services.
The County office space is being leased without public auction in compliance with County Ordinance 13.28.030 “At the discretion of the county administrative officer, or his/her designee, a lease or license of a duration not exceeding five years and having an estimated monthly rental not exceeding five thousand dollars may be excluded from the formal bidding procedures of Government Code Sections 25526 et seq., as well as the informal bidding procedures set forth in section 13.28.020. If excluded from these bidding procedures, the lease or license shall be let pursuant to this section.”
REFERENCE MATERIAL:
BAI #33 - June 6, 2017
BAI #36 - February 26, 2013
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment I to Agreement with Richard A. Ciummo & Associates, Inc.
CAO ANALYST:
John Hays