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Home My WebLink Aboutbocc.con.005.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: Dos -ao~~ Originating Department/Division: Health & Human Services Contact Person: Susan Berdahl Phone #: 920-5766 Project Name: Schultz Health & Human Services Leases ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ®None ^Informal ^Formal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tvne: Dollar Amount: '~SOS~ /N-Kl~ ., Equipment, Supplies (e.g. revenue) ContractorBusiness Contract Execution /~~~~aa8" Automatic Renewal ~GS Budget Liue Item/I,edger Number ®b/. ~S, d a''VU' ~~ ~^ ^Employment (for county employees) ^Intergovernmental Agreement (Requires BOCC Action) ^Non-Profit ^Quasi-Public ^Grant Agreements (Requires BOCC Action) ^Change Order/Contract Amendment CompleCont act End Date: ~~~D .Tj,~t/CTlO~cJ F ~t~'~z-- Term ofContract: C ~~ l7- GC/~/0~ All Contracts should be proofed for the following: ~ Pages Missing a Page is Left Intentionally Blank Note on Page tge numbered consecutively ll Signatures Affixed tl Dates Filled In ll Other Blanks Filled In Exhibits Attached Legal Descriptions Attached (f appropriate) ice ofAward/Proceed Attached (fappropriate) cial Instructions for Finance Department: in kind rent to Clerk and Recorder for Scanning/Archiving orized Staff Person's Name: Susan Berdahl UWarranty, if applicable BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. a/~, Amended l 1_05_07 (, P' LEASE AGREEMENT BETWEEN GRAND JUNCTION FEDERAL CREDIT UNION AND PITHIN COUNTY. COLORADO ~~0~ Contract Number 005-2008 Ledger Number Qbl~ ~ D0~l0. This lease agreement is made and entered into on the 1st day of January, 2008, by and between Grand Junction Federal Credit Union, hereinafter referred to as "Lessee/Agency", and the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor". Whereas, Grand Junction Federal Credit Union desires to rent an office space in the Schultz Health and Human Services Building of approximately 266 sq feet for 2008 and years thereafter. Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the calendaz year 2008 to Grand Junction Federal Credit Union that area designated as the reception area in the lobby and the room directly behind it consisting of approximately 266 sq feet in the Schultz Building. Absent any termination for cause under pazagraph 17 of this Agreement, this Agreement shall automatically renew for a twelve (12)-month period and for similar, 12-month terms unless either party elects to terminate this Agreement by serving a written notice to terminate this Agreement on the other party no later than thirty (30) days prior to the expiration of the original term or any one yeaz renewal term. 2) Use: Lessee shall use and occupy the premises for office space. The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purposes. 3) No Waste or Damage Covenant: During the period of this lease agreement Grand Junction Federal Credit Union shall maintain this office in good shape and repair and return it to the County/Lessor in substantially the same condition received normal weaz excepted. 4) Payment: The rent, which includes utilities, for 2008, is $19/sq ft. per yeaz for the space rented by the Lessee, totaling $5,054. The County/Lessor agrees to provide an in-kind rent contribution of $5,054 to Roaring Fork Employee Credit Union in exchange for Lessee providing receptionist assistance to the public in terms of helping them find their way as they seek to locate the various agencies in the building. Should either party not wish to continue the receptionist assistance relationship, in-kind rent will be waived and rent will be assessed at $421.17 per month for the remainder of the lease. Rent will be paid quarterly, in the amount of $1,263.50. 5) Security Denosit: Lessee has paid a security deposit in the amount of $234.00 in 2003 as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. 6) Governing Law: This lease agreement has been entered into in the State of Colorado, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Colorado. 7) Remodels To Premises: No remodeling or painting is to be done to premises without the written consent of the County/Lessor. This includes any alterations to the walls and ceilings to accommodate phone and data lines, cable service, electrical outlets and light fixtures. Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health or safety issue. County/I,essor must approve any credit of cost of remodeling before work commences. 8) Building Concerns and Complaints: All calls about the physical operation of the building should go directly to Jodi Smith, Facilities Manager at 920-5396, a-mail jodisCa,co.pitkin.co.us or call the crew at 920-5377 during the week (Monday through Friday). On Saturday and Sunday (or after hours on weekdays), all calls about facilities should go to the Communications Center at 920-5310 and ask them to page BGM. 9) Non-Assignment: This lease agreement and the rights arising under it shall not be assigned or transferred by Grand Junction Federal Credit Union. 10) Occupancy Requirement: Pitkin County leases space in the Schultz Health & Human Services building to non-profit agencies that help further the community's access to health & human services. In order to best meet community needs, the County holds the right to cancel any lease agreement with a tenant that does not occupy their space and actively provide services to the community on an ongoing basis. Any lease for office space that is not actively used over the period of three months will be reviewed and the lease maybe revoked by the County. 11) Bindin Eg ffect: This lease agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns. 12) Covenant ofNon-Interference: Grand Junction Federal Credit Union agrees to undertake its activities in the leased premises in a manner, which will not interfere with other tenants, and activities in the building. 13) Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no additional charge. 14) Phones and data: Lessee will make a quarterly payment to the Lessor for use of telephones as part of the County phone system. We expect the quarterly cost for 2008 to be determined no later than March 31, 2008. You will be informed in writing when we have this information. Lessee will provide their own Internet connection. 15) Postage Meter: Lessee has access to the Lessor's postage machine and will be billed semi-annually for the amount of postage used by Lessee. Payment is to be made to Pitkin County Treasurer upon receipt of each invoice for postage used. 16) Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and copying paper for the use of tenants at a cost of $.02 per copy. This will be billed semi-annually. 17) Termination for Cause and Unsuitability: In the event that the Lessee/Agency shall default by failing to perform, keep and observe any of the terms, covenants or conditions herein contained on its part to be performed, as determined by the County, or the building or leased premises become damaged or untenantable for any reason during the term hereof, the County/Lessor shall have the right to declaze this lease terminated and require Grand Junction Federal Credit Union to vacate the premises, whereupon the parties shall have no further obligations hereunder. 18) Indemnification A. Lessee/Agency shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Lessee/Agency or any consequential liability alleged to accrue against the County/Lessor on account of the Lessee/Agency`s, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County/Lessor or its employees. B. The Lessee/Agency further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 19) Insurance A. In whole or in part, the Lessee/Agency shall secure and maintain for the term of its contractual relationship with the County/Lessor such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County/Lessor and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Lessee/Agency's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (2) Commercial General Liability -ISO 1998 Form or equivalent County named additional insured Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): X Fremises/Operations Underground, Explosion & Collapse Hazazd X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County Health & Human Services c/o Susan Berdahl 0405 Castle Creek Road, Suite 7 Aspen CO 81611 B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor (through the County/Lessor Representative) no later than ten (10) calendaz days prior to commencement of operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of Insurance with the County/Lessor is agreed to be a material breach of anv contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendaz days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County/Lessor (through the County/Lessor's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Lessee/Agency shall file with the County/Lessor's Risk Department (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. 4 (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Lessee/Agency. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the County/I,essor's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County/Lessor reserves the right to request and receive a copy of any policy and any policy endorsement. 20) Termination: This agreement may be terminated at any time for any cause by either party by 30 day written notice to the other party at the addresses set forth below. 21) Removal of Propertv: It shall be the responsibility of the Grand Junction Federal Credit Union at its own sole cost and expense, within five days after the expiration of this Agreement, to remove office equipment from the premises. Any equipment not removed within this period of time shall be conclusively deemed to be abandoned by Grand Junction Federal Credit Union and shall become the property of the County/Lessor. 22) Attornev's Fees: In the event legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 23) Notice: Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified, first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County: Nancy Sundeen Director Pitkin County Health & Human Services 530 East Main Street Aspen, CO 81611 Fax: (970) 920-5198 b. To Lessee/Agency: To Lessee/Agency: Judy Stratten, CEO Grand Junction Federal Credit Union 910 Main Street Grand Junction, CO 81501 Phone: (970)243-1370 Fax: (970) 241-3010 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO: By fin, ~ ~-~ ~~~ ~(I 7~-~1° ~ Nancy N. Sundeen Date Director of Health & Human Services, Pitkin County JUNCTION FE,~XLAL CREDIT UNION -vy Date CEO Grand Junction Federal Cre Union 10 Main Stree Grand Juncti~CO Ol~ By: l.II~~ ;' Rich Gavigan, Roaring Fork Branch 6