HomeMy WebLinkAboutbocc.con.006.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 40~ -a~~
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
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/Z~33//N'l<la7DBud os 0 ~ o//
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^Services/Maintenance
^License/Use
®Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
(for county employees)
ental Agreement (Requires BOCC Action)
Agreements (Requires BOCC Action)
e Order/Contract Amendment
ContractorBusiness Complete Legal Name: ~cSPonl6t. f~P FoR. ai4/7~2rD
W ovt7Crtl
Contract Execution ~~//20~Ff Contract End Date:
Automatic Renewal ~~ Term of Contract:
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~ Pages Missing
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11 Legal Descriptions Attached (f appropriate)
otice of Award/Proceed Attached (iP appropriate)
pecial Instructions for Finance Department: in kind rent
ant to Clerk and Recorder for Scanning/Archiving
uthorized Staff Person's Name: Susan Berdahl
^Wananty, if applicable
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
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Amended 11_05_07 n ~t5
LEASE AGREEMENT BETWEEN
RESPONSE: HELP FOR BATTERED WOMEN
AND PITHIN COUNTY. COLORADO
Contract Number 006-2008 Ledger Number 61'9/. ~.~ ~~~ • ~~~~
This lease agreement is made and entered into on the 1st day of January, 2008, by and
between RESPONSE: Help for Battered Women, hereinafter referred to as "Lessee/Agency",
and the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor".
Whereas, RESPONSE: Help for Battered Women desires to rent an office space in the Schultz
Health and Human Services Building of approximately 649 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
calendar year 2008 to RESPONSE: Help for Battered Women that area designated Suite
#5 in the Schultz Building. Absent any termination for cause under paragraph 14 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 year renewal term.
2) No Waste or Damage Covenant: During the period of this lease agreement RESPONSE:
Help for Battered Women shall maintain this office in good shape and repair and return it
to the County/Lessor in substantially the same condition received normal wear excepted.
3) Payment: The rent for 2008 is $19 per square ft. per year for the space rented by
RESPONSE: Help for Battered Women, totaling $12,331; however, the County/Lessor
shall provide an in-kind rent contribution of $12,331 to RESPONSE: Help for Battered
Women.
4) 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.
5) 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/Lessor must approve any credit of cost of
remodeling before work commences.
6) Building Concerns and Comnlaints: All calls about the physical operation of the building
should go directly to Jodi Smith, Facilities Manager at 920-5396, e-mail
jodis(c~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.
7) Non-Assignment: This lease agreement and the rights arising under it shall not be
assigned or transferred by RESPONSE: Help for Battered Women.
8) Occunancy 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.
9) Bindin Eg ffect: This lease agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns.
10) Covenant ofNon-Interference: RESPONSE: Help for Battered Women agrees to
undertake its activities in the leased premises in a manner, which will not interfere with
other tenants, and activities in the building.
11) Utilities: The County/Lessor shall supply heating and electricity to the leased premises at
no additional chazge.
12) Phones: RESPONSE: Help for Battered Women will make a quarterly payment to the
Pitkin County for use of telephones as part of the County phone system. We expect the
quazterly cost for 2008 to be determined no later than Mazch 31, 2008. You will be
informed in writing when we have this information. RESPONSE: Help for Battered
Women will provide their own Internet connection.
13) Use of Photoconier: 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.
14) 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 declare this lease terminated and require
RESPONSE: Help for Battered Women to vacate the premises, whereupon the parties
shall have no further obligations hereunder.
15) 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 beaz all other costs and expenses related thereto, even if the claim,
demand or lawsuit is groundless, false or fraudulent.
16) 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 aze 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 Premises/Operations
Undergound, 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 ap_reed to be a material
breach of an~contract and ¢rounds 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) calendar 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.
(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/Lessor's Representative at least £dteen (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.
17) Termination: This agreement maybe temunated at any time for any cause by either party
by 30 day written notice to the other party at the addresses set forth below.
4
18) Removal of Proyertv: It shall be the responsibility of the RESPONSE: Help for Battered
Women 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 RESPONSE:
Help for Battered Women and shall become the property of the County/Lessor.
19) Attorney'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.
20) Grant Awazd Contingency: RESPONSE: Help for Battered Women acknowledges that
occupancy of the premises is contingent upon satisfactory and timely compliance with the
terms, obligations and provisions set forth in the Grant Award Agreement and that the
parties' rights and obligations pursuant to this Lease Agreement will terminate automatically
upon termination or cancellation of the Grant Award Agreement between Pitkin County and
RESPONSE: Help for Battered Women. Termination of this Lease Agreement shall occur
upon thirty (30) days written notice to the address set forth below. Upon termination of this
Lease Agreement, Lessee/Agency shall vacate the premises. Lessee/Agency shall be
responsible to County/L,essor for the cost of repairs, legal fees, advertising and any other
costs incurred in preparing the premises for re-renting.
21) 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 ofbeing 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:
Mazgazet McGavock
Executive Director
RESPONSE: Help for Battered Women
0405 Castle Creek Road, Suite 5
Aspen, CO 81611
Fax: (970) 920-9523
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the latest date written below.
PTI'KIN COUNTY, COLORADO:
v~
Nancy N. Sundeen `' Date
Director of Health & Human Services, Pitkin County
Aspen, CO 81611
Executive Director
0405 Castle Creek Road, Suite 5