HomeMy WebLinkAboutbocc.con.060.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: Health& Human Services
Contact Person: Connie Overton
Phone #: X5766
Check Contract Type:
Services ®NTRACJ-004,� _ e
Maintenance
License/Use
X_Lease
Construction
Purchase
Employment
Intergovernmental Agreement (Requires BOCC Action)
Non-Profit
Quasi-Public
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K—Department Head
25-50K—Department Head (if appropriate), Section Leader
Over 50 K—Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name): Community Health Services, Inc
Contract Start Date: _January 1, 2002_ Contract End Date: —December 31, 2002_
Automatic Renewal (Y/N): N
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 (if appropriate)
• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date: 4/30/02
Nk&j—&��
Authorized Staff Person
Signature of authorized staff person indicate 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.
CONTRACI"-k- e�,O
LEASE AGREEMENT BETWEEN
COMMUNITY HEALTH SERVICES,INC.
AND
PITKIN COUNTY, COLORADO
This lease agreement is made and entered into on the 1 st day of January, 2002, by
and between Community Health Services, Inc., hereafter referred to as Community
Health Services or "Lessee/Agency", and the County of Pitkin in the State of Colorado
hereinafter referred to as the "County/Lessor".
Whereas, from January 1, 2002 - December 31, 2002, Community Health Services
desires to rent an office space in the Schultz Health and Human Services Building
approximately 2,313 sq feet at $16/sq ft per year totaling $37,011 for one year. This
lease is not renewable without written consent of both parties. Failure to vacate the
premises as of January 1, 2003 will not operate as a renewal of this lease.
Whereas, the County/Lessor is by statute authorized to provide basic and optional health
services to the residents of Pitkin County.
Whereas, Community Health Services is a certified public health agency under technical
program direction of the Colorado Department of Health and is qualified to provide said
services.
Now therefore, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
1) Period of Operation: The County/Lessor hereby leases and demises for the
calendar year 2002 to Community Health Services that area designated Suite 6 in
the Schultz Building. Said space shall be available at 8:00 a.m., Monday, January
1, 2002. Community Health Services will be prepared to vacate the office by 5:00
p.m. on Monday, December 31, 2002, unless a new lease has been signed.
2) No Waste or Damage Covenant: During the period of this lease agreement
Community Health Services 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. The County/Lessor shall provide regular office cleaning
Monday - Thursday.
3) Payment: The rent for the entire term for the space rented by Community Health
Services is $37,011; however, the County/Lessor shall provide an in-kind rent
contribution of$37,011 to Community Health Services.
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.
1
5) Remodels To Premises: No remodeling is to be done to premises without the
written consent of the County/Lessor. 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) Non-Assignment: This lease agreement and the rights arising under it shall not be
assigned or transferred by Community Health Services.
7) Binding Effect: This lease agreement shall be binding upon the parties hereto,
their respective heirs, successors and assigns.
8) Phones: Community Health Services will make a quarterly payment to the
County/Lessor for use of phones of$893.00. County/Lessor may modify amount
and will notify Community Health Services of any significant phone bill increases
or decreases to adjust payment and Community Health Services agrees to pay or
to be refunded any such adjustments. Monthly bills will not be issued.
9) T-1 Frame Line: Community Health Services is connected to the Health and
Human Services T-1 Frame Line and have agreed to the following;
a. To pay the one time installation charge of$500
b. To pay $25 per month per networked computer
c. To pay one quarter of the monthly charge from Qwest, (currently $250
and one quarter of this cost is $62.50 monthly).
Community Health Services, is connected to the T-1 line,they will make
quarterly payments to the County/Lessor for the use of the T-1 Line in the
amount of$187.50. The City of Aspen Information Systems will invoice
Community Health Services in December 2002 for the Connectivity Charge of
$25 per month per networked PC. County/Lessor may modify amount and will
notify Community Health Services of any significant T-1 Line bill increases or
decreases to adjust payment and Community Health Services agrees to pay or to
be refunded any such adjustments. Monthly bills will not be issued. If there is a
significant decrease in City and/or County/Lessor departments access to Internet,
Email or network drive performance the County/Lessor reserves the right to
disconnect Community Health Services from the T-1 Frame Line.
10)Covenant of Non-Interference: Community Health Services 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.
2
12)Termination for Unsuitability: In the event 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
Community Health Services to vacate the premises, whereupon the parties shall
have no further obligations hereunder.
13)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.
14) 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
3
_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 Risk Management
C/o Kris Jewkes
530 E Main, Ste 202
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 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 any 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) 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
(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.
14) 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.
15) Removal of Property: It shall be the responsibility of the Community Health
Services 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 Community
Health Services and shall become the property of the County/Lessor.
16) 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.
17) Grant Award Contingency: Community Health Services 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 Community Health Services. 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/Lessor for the cost of repairs, legal fees,
advertising and any other costs incurred in preparing the premises for re-renting
19) 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
5
0405 Castle Creek Road, Suite 7
Aspen, CO 81611
Fax: (970)920-5558
with copies to:
Pitkin County Attorney's Office
530 East Main, Suite 302
Aspen, CO 81611
Fax: (970)920-5198
b. To Lessee/Agency:
Yvonne Hernandez
Executive Director
Community Health Services, Inc.
0405 Castle Creek Road, Suite 6
Aspen, CO 81611
Fax: (970 920-5419
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the latest date written below.
PITKIN COUNTY, COLORADO
Nancy N. Sundeen Date
Director of Health& Human Services
APPROVED AS—T0-FQ M --
John Ely, C ttorney Date
AtV O FO
3 5
Kristin jewkes,'Iti Management to
COMMUNITY HEALTH ERVICES,INC.
By:
.9
Yv e Hernandez. a
Ex �utive Director,
Co�munity Health Services, Inc.
Mailing Address:
0405 Castle Creek Road, Suite 6
Aspen, CO 81611
ATTEST:
STATE OF COLORADO )
ss.
COUNTY OF �L>t'1C�.� )
The f regoin was acknowledged before me this_e'day of , 2002, by
V' �7ragent Community Health Services, Inc..
Wi, thand and official seal.
: N�TAf?
Not Public
'°UBI\' rJr�r
MYM)j0CLV0K6W :expires:
September 2
1j8)00
7