HomeMy WebLinkAboutbocc.con.061.2002 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
Maintenance CONTRA 4��/ —�03
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): City of Aspen DBA Kids First
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
Dat . 4/30/02
pj{jupi�el,
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.
LEASE AGREEMENT ��NTR�C�"��
BETWEEN THE CITY OF ASPEN D.B.A.
KIDS FIRST: CHILD CARE RESOURCE CENTER
AND
PITKIN COUNTY, COLORADO
This lease agreement is made and entered into on the 1 st day of January, 2002, by and between the
City of Aspen d.b.a. Kids First, Child Care Resource Center, hereinafter referred to as Kids First 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, Kids First desires to rent an office space in the
Health and Human Services building approximately 210 sq feet at $16.00/sq ft per year totaling $3,360.00
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, Kids First is providing access to childcare information and resources and promoting the
availability of quality, affordable childcare services for all residents and visitors of the Roaring Fork
Valley by providing support services to parents, children, employers and child care providers.
Whereas, the County/Lessor wishes to support the City's efforts in this area by offering the Kids First an
in-kind contribution rent of one year.
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 Kids First that area designated Suite 3 in the Schultz Building. Said space shall be
available at 8:00 a.m., Saturday, January 1, 2002. Kids First will be prepared to vacate the office
by 5:00 p.m. on Friday, December 31, 2002, unless a new lease has been signed.
2. No Waste or Damage Covenant: During the period of this lease agreement Kids First 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, annual carpet cleaning and annual window cleaning.
3. Payment: The rent for the entire term for the space rented by Kids First is $3,360.00,
however, the County/Lessor shall provide this amount as an in-kind contribution.
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 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
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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 Kids First.
7. Binding Effect: This lease agreement shall be binding upon the parties hereto,their
respective heirs, successors and assigns.
8. Miscellaneous Services: - All other services, copier, etc, will be charged to Kids First at the
rate determined for all tenants of the building. Phones are billed to the City of Aspen.
9. Covenant of Non-Interference: Kids First agrees to undertake its activities in the leased
premises in a manner which will not interfere with other tenants and activities in the building.
10. Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
11. 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 Kids First to vacate the premises, whereupon the parties
shall have no further obligations hereunder.
12. 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
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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) 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.
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E. The County/Lessor reserves the right to request and receive a copy of any policy and any
policy endorsement.
13. 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.
14. Removal of Property: It shall be the responsibility of the Kids First 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
Kids First and shall become the property of the County/Lessor.
15. 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.
16. 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
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:
Shirley Ritter
Director
Kids First Child Care Resource Center
0405 Castle Creek Road, Suite 3
Aspen, CO 81611
Fax: (970) 920-5558
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{ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest
date written below.
PITKIN COUNTY,COLORADO
2 O_Z
By
Nancy N. Sundeen Date
Director of Human Services
APPROVED AS TO FORM:
John El Date
Attorney
APPROVEiD AS TO FORM:
3 ^��
k
Jew es Date
Risk Management
CITtBa /ick
EN D.BB..A. KIDS FIRST
By:
Ste Date
By: o? —.:4�
Shirley Ritt4 Date
Director,
Kids First: Child Care Resource Center
Mailing Address:
0405 Castle Creek Road,#3
Aspen, CO 81611
ATTEST:
STATE OF COLORADO )
COUNTY OF
The foregoing was acknowledged before me thisa ay of"10104M, 2002 ,by
agent for Kids Fi%t,IQtQ Care Resource Center.
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Witn4M*9A1Rd4Rjgfficial seal.
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MyrCOMMIS&ION EXPIRES:
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