HomeMy WebLinkAboutbocc.con.010.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: olo-coos
Originating Departrnent/Division: Health & Human Services
Contact Person: Susan Berdahl Phone #: 930-5766
Project Name:
^ 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 Tvae:
Dollar Amount: $1.900 in-kind
001.85.00540.84008
^ Services/Maintenance
^License/LTse
®Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
Contractor/Business
Contract Execution 1/1/2008
Automatic Renewal Yes
Budget Line Item/Ledger Number
^Employment (for county employees)
^Intergovernmental Agreement (Requires BOCC Action)
^Non-Profit
^Quasi-Public
^Grant Agreements (Requires BOCC Action)
^Change Order/Contract Amendment
Complete Legal Name: YouthZone
Contract End Date:
Term of Contract:
All Contracts should be proofed for the following:
®No Pages Missing
^If a Page is Left Intentionally Blank -Note on Page
®Page numbered consecutively
®All Signatures Affixed
®All Dates Filled In
®All Other Blanks Filled In
^All Exhibits Attached
^All Legal Descriptions Attached (iP appropriate)
^Notice of Award/Proceed Attached (f appropriate)
®Special Instructions for Finance Department: in-kind rent
^Sent to Clerk and Recorder for Scanning/Archiving
^Authorized Staff Person's Name:
^Warranty, 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.
LEASE AGREEMENT BETWEEN
YOUTHZONE ASPEN OFFICE
AND PITKIN COUNTY, COLORADO
Contract Number 010-2008 Ledger Number 00~. lS, OG~~/0 • &~GG~
This lease agreement is made and entered into on the 1st day of January, 2008, by and
between YouthZone Aspen Office, hereinafter referred to as "Lessee/Agency", and the County
of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor'".
Whereas, YouthZone Aspen Office desires to rent an office space in the Schultz Health and
Human Services Building of approximately 100 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 YouthZone Aspen Office that area designated Suite #3 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 YouthZone
Aspen Office 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
YouthZone Aspen Office, totaling $1,900; however, the County/Lessor shall provide an
in-kind rent contribution of $1,900 to YouthZone Aspen Office.
4) Governine 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/L.essor 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, a-mail
jodis(a~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 YouthZone Aspen Office.
8) 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 may be revoked by the County.
9) Binding Effect: This lease agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns.
10) Covenant ofNon-Interference: YouthZone Aspen Office 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 charge.
12) Phones and data: YouthZone Aspen Office 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. YouthZone Aspen Office shall provide its own Internet
connections.
13) Use of Photocouier: 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 Unsuitabilitv: 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/L,essor shall have the right to declare this lease terminated and require
YouthZone Aspen Office to vacate the premises, whereupon the parties shall have no
further obligations hereunder.
15) Indemnification
A. Lessee/Agency shall and hereby does release, dischazge, 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.
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 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 Premises/Operations
Underground, Explosion & Collapse Hazard
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) calendar days prior to
LI
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 erounds 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/L,essor's Risk Deparhnent (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 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. '
17) Termination: This agreement maybe 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.
18) Removal of Property: It shall be the responsibility of the YouthZone Aspen Office 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 YouthZone Aspen Office and
shall become the property of the County/Lessor.
19) 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.
20) Grant Awazd Contineency: The YouthZone Aspen Office 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 Awazd Agreement between Pitkin County and
YouthZone Aspen Office. 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 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:
Debbie Wilde
Executive Director
YouthZone
803 School Street
Glenwood Springs, CO 81601
Fax: (970)945-8924
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the latest date written below.
PITKIN COUNTY, COLORADO
By ~ ~C~ ~ C~ ~ ~ 1 ~`?y~r~QSz c~ Z, - ~ - C~~S'
Nancy N. Sundeen Date
Director of Health & Human Services, Pitkin County
YOUTH~~
By:
Debbie Wilde Date
Executive Director
803 School Street
Glenwood S rings, CO 816 1 ~
By: a ~ b
Sarah Woods Date
Evan Zislis Date