Fresno County Municipal Code Ch. 13.28 Leasing or Licensing of Any Real Property Belonging To, Leased By, Or…

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Editor's note— Ord. No. 19-002, § 1, adopted January 8, 2019, renamed ch. 13.28 from "leasing county property" to "leasing or licensing of any real property belonging to, leased by, or licensed by the county."

The county shall follow the procedures set forth in this chapter, when applicable, for the leasing and licensing of any real property belonging to, leased by, or licensed by the county ("county real property") instead of the formal bidding procedures set forth in Government Code Sections 25526 et seq. For purposes of this chapter, a "lease" of county real property shall include any "sublease" of county real property, as well.

(Ord. No. 23-017, § 1, 12-12-2023; Ord. No. 19-002, § 2, 1-8-2019; Ord. 08-030, § 2)

A. Every lease or license, except those excluded from bidding procedures as provided in Section 13.28.030 below, and except those licenses for naming rights under Section 13.28.021, below, shall be let pursuant to the informal bidding procedures set forth in this section.

B. The county administrative officer, or his/her designee, shall issue a call for written bids. This call for bids shall be in writing and shall describe the property proposed to be leased or licensed, the terms of the lease or license, including the minimum rental, where and when written offers to lease or license the property will be accepted, and where and when written offers will be opened and oral offers accepted. The call for bids shall be posted in at least three public places for not less than fifteen days and published for not less than two weeks in a newspaper of general circulation that is published in the county of Fresno.

C. The county administrative officer, or his/her designee, shall open the written offers to lease or license the property at the place and time specified in the call for bids. The highest written offer shall be announced by the county administrative officer, or his/her designee, and immediately thereafter oral offers will be accepted.

D. The county administrative officer, or his/her designee, shall present the highest offer to the board of supervisors, at their regular meeting, for acceptance or rejection. The board of supervisors must either accept the highest offer for the proposed lease or license or reject all bids.

(Ord. No. 25-005, § 1, 1-28-2025; Ord. No. 23-017, § 1, 12-12-2023; Ord. 08-030, § 2)

A. When the county administrative officer or the board of supervisors designates any county facility, located on any county real property, as an eligible facility for purposes of this Section, the provisions of this section shall apply instead of the provisions of Section 13.28.020.

B. "Naming rights" means the rights of a successful bidder under a naming rights agreement between the county and a successful bidder consummated under the procedures in this section by which agreement the successful bidder pledges to pay, and pays, the county an agreed upon aggregate amount, under a fixed time schedule for paying installments of such amount, in exchange for the successful bidder's right to name an eligible county facility for the term of the naming rights agreement.

C. The county administrative officer, or his/her designee, shall issue a call for written bids from any interested person, based on the administrative policy (or other policy or action of the board of supervisors, and any management directive of the county administrative officer with respect to naming rights of eligible county facilities. The call for bids shall be in writing and shall describe the eligible county facility, and state the naming rights to be licensed for the eligible county facility, the minimum fee to be pledged and paid for the naming rights, and the proposed term (including early termination) and terms and conditions of the naming rights as set forth in an available form of proposed naming rights agreement. The call for bids will also include when and where written bids for the naming rights, including the naming rights agreement, will be received, and, when and where such written bids will be opened, as well as when and where oral bids for the naming rights may be received following such opening of such written bids, provided that such oral bids comply with all the requirements for written bids. The license for the naming rights for an eligible county facility shall only be set forth in the naming rights agreement with respect to such eligible county facility. The call for bids shall be posted in at least three public places for not less than fifteen days and published for not less than two weeks in a newspaper of general circulation that is published in the county of Fresno.

D. The county administrative officer, or his/her designee, shall open the written bids to license the naming rights for the eligible county facility at the place and time specified in the call for bids, and following such opening of such written bids, shall receive any oral bids provided that such oral bids comply with all the requirements for written bids. In the event the highest proposal is an oral bid, the bidder of the oral bid shall promptly at the conclusion of such oral bidding execute and deliver to the county administrative officer, or his/her designee, a written bid (or if such bidder of the oral bid timely submitted a written bid, such bidder shall re-execute its written bid reflecting the oral bid). The apparent highest proposal shall be announced by the county administrative officer, or his/her designee, provided however, the county administrative officer, or his/her designee, shall examine the apparent highest proposal to determine if it is responsive to the call for bids. At such time and place that the county administrative officer, or his/her designee, announces the apparent highest proposal, he or she shall also announce the anticipated date when the county administrative officer, or his/her designee, will announce the highest proposal (and the county administrative officer, or his/her designee, may further announce any continued date by posting such information on the county's web page for the county administrative office). If the county administrative officer determines that the apparent highest proposal is not responsive to the call for bids, the county administrative officer, or his/her designee, will announce the new apparent highest proposal, and shall undertake the same procedures for such new apparent highest proposal under this section. The county administrative officer shall repeat these procedures until he or she either identifies a highest proposal or determines that there are no responsive proposals to the call for bids. If the county administrative officer determines that there are no responsive proposals to the call for bids, the county administrative officer, or his/her designee, will announce the same by posting such information on the county's web page for the county administrative office.

1. If the apparent highest proposal is responsive to the call for bids, such proposal will be considered as the highest proposal for the license, including the naming rights agreement, and the county administrative officer, or his/her designee, will present an execution-ready form of the naming rights agreement to the successful bidder of such submitted highest proposal. The county administrative officer, or his/her designee, may, but is not required, make any modification to the proposed naming rights agreement that the county administrative officer deems to be in the best interest of the county and consistent with the call for bids before presenting the proposed naming rights agreement for execution to the successful bidder, provided however, the license for the naming rights for an eligible county facility shall only be set forth in the naming rights agreement with respect to such eligible county facility. The successful bidder shall execute and return to the county administrative office the proposed execution-ready naming rights agreement within five county business days of delivery thereof by the county administrative officer, or his/her designee (if the county administrative officer, or his/her designee mails the proposed execution-ready naming rights agreement to the successful bidder, three county business days shall be added thereto); if the successful bidder fails to timely execute and return to the county administrative office, the execution-ready naming rights agreement, in the form and content thereof delivered by the county administrative officer, or his/her designee, the successful bidder shall be deemed to have withdrawn its bid, and its bid shall thereupon be deemed as not responsive to the call for bids.

2. If the apparent highest proposal is not responsive to the call for bids, such proposal will not be considered (or will not be further considered if initially considered as provided above) by the county administrative officer or otherwise by the board of supervisors, and will not be deemed as rejected.

E. The county administrative officer, or his/her designee, shall present the proposed naming rights agreement with the successful bidder who submitted the highest proposal for the license, including the naming rights agreement, to the board of supervisors, at their regular meeting, for acceptance or rejection. The board of supervisors must either accept the proposed naming rights agreement, which includes the license for naming the eligible county facility, or reject all bids.

(Ord. No. 25-005, § 1, 1-28-2025)

A. At the discretion of the county administrative officer, or his/her designee, a lease or license of any county real property of a duration not exceeding ten (10) years and having an estimated monthly rental not exceeding ten thousand dollars ($10,000) may be excluded from the formal bidding procedures of Government Code Sections 25526 et seq., and 25537(a), as well as the informal bidding procedures set forth in Section 13.28.020 above. If excluded from these bidding procedures, the lease or license shall be let pursuant to this section.

B. The county administrative officer, or his/her designee, shall negotiate in the name of the county as lessor or licensor of the excluded lease or license. Notice of the letting of the lease or license shall be provided pursuant to Government Code Section 25537(b) and (d). The term of the executed lease or license shall not exceed ten (10) years and shall not be renewable. The actual monthly rental set forth in the executed lease or license shall not exceed ten thousand dollars ($10,000) per month.

C. A lease or license of county real property of a duration not exceeding ten (10) years and having an estimated monthly rental not exceeding thirty-five thousand dollars ($35,000) may be excluded from the formal bidding procedures of Government Code Sections 25526 et seq. and Section 25537(a), as well as the informal bidding procedures set forth in section 13.28.020 above, so long as the county is entering into the lease or license to enable the lessee or licensee to provide a service to, or for the benefit of, the county, the state, or any local public agency. Unless partnering with a governmental agency, there shall be a demonstration that rates the county is charging are market rates, and if the county is leasing, there shall be a demonstration that the market can support the agreed upon lease based upon the area and condition of the building. Notice of the letting of the lease or license shall be provided pursuant to Government Code Section 25537(b). The term of the executed lease or license shall not exceed ten (10) years and shall not be renewable. The actual monthly rental set forth in the executed lease or license shall not exceed thirty-five thousand dollars ($35,000) per month. A lease or license entered into pursuant to this section 13.28.030(C) must be approved and executed by the board of supervisors.

(Ord. No. 23-017, § 1, 12-12-2023; Ord. No. 19-002, § 3, 1-8-2019; Ord. 08-030, § 2)

A. The county administrative officer, or his/her designee is authorized to approve and execute leases and licenses let pursuant to sections 13.28.020 and 13.28.030(A) and (B) above. Such authority shall expire on December 31, 2028.

B. The county administrative officer, or his/her designee, shall provide written notice to the supervisor for the district in which the county real property proposed to be leased or licensed is located, as required by Government Code Section 25537(c)(3), prior to approving and executing a lease or license pursuant to sections 13.28.030(A) or (B). Such written notice is deemed received upon personal delivery to the supervisor's office or three days after mailing, postage paid, in the U.S. mail. If the supervisor objects in writing to the proposed lease or license within fifteen (15) working days of receipt of the notice, the lease or license shall be submitted for approval by the board of supervisors at a regular meeting.

(Ord. No. 23-017, § 1, 12-12-2023; Ord. No. 19-002, § 3, 1-8-2019; Ord. No. 13-023, 11-12-2013; Ord. 08-030, § 2)