HomeMy WebLinkAboutbocc.ord.017-2018 CONTRACT
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ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADOA APPROVING A LEASE AGREEMENT WITH THE ASPEN
HOMELESS SHELTER FOR SPACE AT THE MICHAEL W. SCHULTZ HEALTH
AND HUMAN SERVICES BUILDING
ORDINANCE NO. c, ( -2018
RECITALS:
1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners of Pitkin County,
Colorado ("BOCC"), a home rule county, is authorized to make and publish ordinances
for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary.
2 Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescnbed pursuant
to the Colorado Revised Statues as amended
3. Pitkin County("County")is the owner of the building known as the Michael W. Schultz
Health and Human Services Building("HHSB"), Ste 11, located at 405 Castle Creek
Road, Aspen, Colorado.
4. The Aspen Homeless Shelter currently leases Space No's 107, 108 and 109 at the HHSB
and desires to continue to lease such space for a period beginning on January I, 2018 and
continuing through June 30, 2019 under the provisions described in the lease agreement
attached hereto.
5. The Board of County Commissioners("BOCC") supports the community non-profit
leases for uses that have been established since 1992 and desires to continue such use by
accommodating Space No's 107, 108 and 109 for the Aspen Homeless Shelter at the
HHSB.
6. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Approving a Lease Agreement with the
Aspen Homeless Shelter and authorizes the Chair or the Chair's designee to sign the Ordinance
and upon the satisfaction of the County Attorney as to form, execute any other associated
documents necessary to complete this matter
RECEPTION#: 650199, R' 50.00, D' $0 00
DOC CODE ORDINANCE
Pg 1 of 11, 09/07/2018 at 02:35:44 PM
Janice K Vos Caudill, Pitkin County,CO
01 ,
INTRODUCED AND FIRST READ ON THE r.)e� DAY OF J v i ( 2018 AND
SE1OR SECOND READING AND PUBLIC HEARING ON THE DAY OF
l �^�J'� 2018
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF
, 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAk PITKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE
1141 DAY OF juillyt 2018. r"U �
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE "- DAY
OF 2018.
PUBLISHED BY TITLE AND 'S�-IORT SU Y, AFTER ADOPTION. IN THE ASPEN
TIMES WEEKLY ON THE /7 DAY OF i' , 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICI L PITKIN COUNTY
WEBSITE (www.pitkmcounty corn) ON THE ((,74 DAY OF , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/
B}( 1 .A. By: ‘---Pott.-, C Ct t
can 3 e Jones Patti Clapper,Chair
Dep!ty County Clerk
Date. cc- 15-- if
APPROVED AS TO FORM: MANAGER
APPROVAL
John Ely,_County- ttomr� ey Jon Peacock, County Manager
�()JTKIN
'e'CHUN T1
02/
LEASE AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY.COLORADO
AND THE ASPEN HOMELESS SHELTER
Contract NumberJCILedger Number GCi 75 tt.9 L( li99ti
THIS LEASE AGREEMENT hereinafter referred to as ("the Agreement") is made and entered
into the I" day of January 2018, by Aspen Homeless Shelter, hereinafter referred to as
"Lessee/Agency",and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO hereinafter referred to as the"County/Lessor".
WHEREAS: Lessee/Agency desires to rent office space in the Michael E. Schultz Health and
Human Services Building (HSSB) located at 0405 Castle Creek Road, Aspen, Colorado, more
fully described as Aspen Valley Hospital Subdivision,Lot I,City of Aspen,Colorado.
WHEREAS: The Lessee/Agency is asking to enter into an Agreement to occupy space for the
purposes of approximately 1,298.5 square feet beginning on January I, 2018 and continuing
through June 30,2019. - _
WHEREAS: The Courtly is willing to permit the Lessee/Agency to occupy space described as
1,298.5 square feet beginning on January I,2018 and continuing through June 30,2019 located in
the HHSB all as more specifically hereinafter provided,as well as allow the Lessee/Agency access
to certain portions of the HHSB in furtherance of its business activities there; and
WHEREAS: The Lessee/Agency is ready, willing and able to occupy space and perform its
business functions there at in accordance with the teras, standards and conditions hereinafter set
out
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual covenants
hereinafter contained and other valuable consideration,the parties hereto agree as follows:
I. Term and Renewal of Agreement: The County/Lessor hereby agrees and demises to
Lesser/Agency, the area designated as Suites 107, 108 and 109 in the Schultz Health and
Human Services Building. Absent any termination for cause under paragraph 16 of this
Agreement, this Agreement shall be for a period beginning on January 1, 2018 and
continuing through June 30, 2018 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.
2. No Waste or Damage Covenant: During the period of this Agreement, Lessee/Agency
shall maintain these offices in good shape and repair and return them to the County/Lessor
in substantially the same condition received normal wear excepted.
3. Damage to property: In the event of damage to the Lessee/Agency's offices or to any part
of the building,the Lessee/Agency will be responsible for all repair costs. Assessment of
damage and assignment of entity to provide the repair shall be the responsibility of Pitkin
County Facilities. Negotiation of remediation of each incident shall occur with Pitkin
County Facilities.
4. Payment. The rent is$25.75 per square foot per year for the space rented by Lessee/Agency,
totaling $33,436.38; however, the County shall provide an in-kind rent contribution of
$33,436.38 to Lessee/Agency.
5. Governing Law and Venue. This 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 Junsdiction for any disputes hereunder
shall be in the courts in and of Pitkin County and the State of Colorado.
6 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
7. Responsibilities:
A. TheFacilities Department of the County is NOT responsible to move,build,haul,repair
or dispose of office furnishings (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county
buildings In the event that the facilities staff is asked to move,re-build, build, haul,
repair or dispose of said office furnishings the nonprofit may be billed for work,
including time,materials,travel time and landfill fees.The Facilities Department will be
responsible for moving the nonprofit in the event that the County has a need for the office
space occupied by the nonprofit.
B. The Facilities Department is responsible for carpets,building repairs,capital upgrades,
heating/cooling, plumbing, and electrical (infrastructure), internal painting on a set
schedule, daily trash removal and common area cleaning. Requests for additions to the
infrastructure such as new or relocated outlets,moving cables,etc. shall be evaluated
by the Facilities Manager on a case by case basis. Lessee/Agency will be asked to pay
for upgrades.
8. Building Concerns and Complaints: Building Concerns and Complaints. For issues
regarding the physical operation of the building contract facilities at the following: All
non- emergency requests should be sent as work order requests through Cartegraph at
https://cartegraph.pitkincounty.corn/Cartegraph/Internal Request. For emergency issues
pAgreement contact facilities at(970)920-5377 during regular business hours.Between
hours of 6pm-6am call our standby technician at(970)471-8392(emergencies after-hours
only).
9. Non-Assignment This Agreement and the rights arising under it shall not be assigned or
transferred by Lessee/Agency.
10.Occupancy Requirement: County/Lessor leases space in the Schultz Health & Human
Services Building to non-profit agencies that help further the community's access to
health and human services. In order to best meet community needs, the County holds the
right to cancel any Agreement with a tenant that does not occupy their space and actively
provide services to the community on an ongoing basis. Any Agreement for office space
that is not actively used over the period of three months will be reviewed and the
Agieernent may be revoked by the County/Lessor.
II. Building Effect:This Agreement shall be binding upon the parties hereto,their respective
heirs,successors and assigns.
12.Covenant of Non-Interference: Lessee/Agency 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: County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14.Phones and Data: Lessee/Agency shall provide its own phone service and Internet
connections.
15. Use of Photocopier. County/Lessor shall supply an operating photocopying machine
and copying paper for the use of the Lessee/Agency at a cost of$0.02 per copy. This
will be billed quarterly.
16.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 un-tenantable for any reason during the
term hereof,the County/Lessor shall have the right to declare this Agreement terminated
and require Lessee/Agency to vacate the premises, whereupon the parties shall have no
further obligations hereunder.
17.Indemnification: Lessee/Agency shall indemnify, hold harmless and, not excluding the
County/Lessor's nght to participate, defend the County/Lessor and its officers, officials,
agents,and employees(hereinafter referred to as"County/Lessor")from and against any
and all liabilities, claims, actions, damages, losses, or expenses including without
limitation reasonable attorneys' fees and costs, ( hereinafter referred to as " claims") for
bodily injury or personal injury including death,or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of Lessee/Agency or any of its County/Lessor' s, officers, directors,
agents,employees or contractors,arising out of or related to Lessee/Agency' s occupancy
and use of the leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent
or willful acts or omissions of the County/Lessor,be indemnified by Lessee/Agency from
and against any and all claims. It is agreed that Lessee/Agency will be responsible for
primary loss investigation, defense and judgment costs where this indemnification is
applicable. In consideration for the use and occupancy of the leased Premises, the
Lessee/Agency agrees to waive all rights of subrogation against the state, its officers,
officials,agents and employees for losses arising from the use,occupancy or condition of
the leased Premises.
18.Non-Waiver: The parties hereto understand and agree that the County/Lessor is relying
on,and does not waive or intend to waive by any provision of this Contract,the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act et seq.,as from time to time amended,or otherwise available
to the County/Lessor, its subsidiary, associated and/ or affiliated entities, successors, or
assigns;or its elected officials,employees, agents,and volunteers.
I9 Insurance Requirements Lessee/Agency shall procure and maintain for the duration of
the Agreement,insurance against claims for injury to persons or damage to property which
may arise from or in connection with this Agreement.
The insurance requirements herein are minimum requirements for this Agreement and in
no way limit the indemnity covenants contained in this Agreement.The County/Lessor in
no way warrants that the minimum limits contained herein are sufficient to protect the
Lessee/Agency from liabilities that might arise out of this Agreement. Lessee/Agency is
free to purchase such additional insurance as Lessee/Agency determines necessary.
A. Minimum Scope and Limits of Insurance: Lessee/Agency shall provide
coverage with limits of liability not less than those stated below. An excess
liability policy or umbrella liability policy may be used to meet the minimum
liability requirements provided that the coverage is wntten on a"following form"
basis.
1. Commercial General Liability — Occurrence Form Policy shall
include bodily injury,property damage and liability assumed under an
Insured Contract including defense costs.
a. The policy shall be endorsed to include the following additional insured
language. "County/Lessor, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents,and volunteers shall be named as additional Insureds
with respect to liability arising out of the activities performed by, or on
behalf of the Contractor".
b. A Waiver of Subrogation shall apply in favor of the County/Lessor, its
subsidiary, parent, accrriated and/or affiliated entities, successors, or
assigns,its elected officials,trustees,employees,agents, and volunteers.
Minimum Limits:
General Aggregate S 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ I,000,000
Fire Damage Expense $ I,000,000
Premises Medical Expense(Each Person) $ 5,000
2 Property Insurance
a. Property insurance shall be wntten on a Covered Cause of Loss-Special
Form,replacement cost coverage, including coverage for flood and earth
movement.
b. Pitkin County shall be named as a loss payee on property coverage for
tenant improvements and betterments.
c. The Tenant shall be responsible for insuring its own property.
d. A waiver of subrogation applies in favor of Pitkin County for any County
Property.
Coverage for Lessee/Agency's Tenant Improvements, 100%replacement cost
Fixtures
Coverage on Building(required if Lessee/Agency is sole 100%replacement cost
occupant)
Coverage for Loss of Rents Amount equal to all
Minimum Annual Rent and
other sums payable under
the Agreement
3. Worker's Compensation and Employer'Liability
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 1,000,000
$ 1,000,000
$ 500,000
B. Additional Insured Requirements: The policies shall include,or be endorsed
to include, the following provisions:
a. On insurance policies where the County/Lessor is named as an
additional insured, the County/Lessor shall be an additional insured to
the full limits of liability purchased by the Lessee/Agency even if those
limits of liability are in excess of those required by this Agreement.
C. Notice of Cancellation: Each insurance policy required by the insurance provisions
of this Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been given
to the County/Lessor, except when cancellation is for non-payment of premium, then
ten(10) days prior notice may be given. Such notice shall be sent directly to
Jodi Smith,Facilities Director
485 Rio Grande Place, Unit# 101
Aspen, Colorado, 81611
Phone: (970)920-
Fax(970) 920-5285
Jodi.smith@pitkincounty.com
D. Acceptability of Insurer: Insurance is to be placed with insurers duly licensed or
authorized to do business in the state of Colorado and with an"A.M. Best"rating of
not less than A-VII. The County/Lessor in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
E. Verification of Coverane: Lessee/Agency shall furnish the County/Lessor with
certificates of insurance (ACORD form or equivalent approved by the
County/Lessor) as required by this Agreement. The certificates for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf.
All certificates and any required endorsements are to be received and approved by
the County/Lessor before the Agreement commences. Each insurance policy
required by this Agreement must be in effect at or prior to commencement of this
Agreement and remain in effect for the duration of the Agreement. Failure to
maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract.
All certificates required by this Agreement shall be sent directly to:
Jodi Smith,Facilities Director
485 Rio Grande Place, Unit# 101
Aspen,Colorado,81611
Fax(970)920-5285
Jodi.smith@pitkincounty.com
The Pitkin County Facilities Department, Agreement number and location
description are to be noted on the certificate of insurance. The County/Lessor
reserves the right to require complete, certified copies of all insurance policies and
endorsements required by this Agreement at any time. DO NOT SEND
CERTIFICATES OF INSURANCE TO THE COUNTY/LESSOR'S RISK
MANAGEMENT DEPARTMENT.
F. Approval: Any modification or variation from the insurance requirements in this
Agreement shall be made by Risk Management or the County Attorney's Office,
whose decision shall be final. Such action will not require a formal contract
amendment,but may be made by administrative action.
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 Property: It shall be the responsibility of the Lessee/Agency 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 Lessee/Agency and shall become the property
of the County/Lessor.
22. Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of
this Agreement, the substantially prevailing party shall be entitled to its costs and
reasonable attorney's fees
23. Grant Award Contingency: The Lessee/Agency acknowledges that occupancy of the
premises is contingent upon satisfactory and timely compliance with the terms,
obligations and provisions set 6 forth m the Grant Award Agreement and that the parties'
rights and obligations pursuant to this Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Lessee/Agency. Termination of this Agreement shall occur upon thirty (30)days written
notice to the address set forth below.Upon termination of this 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.
24.Notice: Any notice required or permitted under this Agreement shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods I)hand-delivery or 2) registered or certified mail,postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph, may change the address to which future notices should be sent. Electronic
delivery of notices shall be constdered delivered upon receipt of confirmation of delivery
on the part of the sender. Noticing contamed herein shall be construed to preclude
personal service of any notice m the manner prescribed for personal service of a summons
or other legal process. For the purpose of counting days for any notice period contained
in this Agreement,the period shall continence three days from the date of the postmark of
the letter as mailed.
To: Pitkin County With Copies to:
Board ofCounty Commissioners Pitkin County Attorney's Office
C/O Facilities Director 123 Emma Rd. Ste.204
485 Rio Grande Place 4101 Basalt,Colorado 81621
Aspen, Colorado 81611 attomey@pitkincounty.com
jodi.smith@pitkincounty.com
To: Aspen Homeless Center:
Vince Savage
Lessee/Agency(Aspen Day Center)-Director
405 Castle Creek Rd,Suites 107, 108 and 109
Aspen,CO 81611
25. Severability: If any provision of this Agreement shall be declared invalid or
unenforceable,the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed as of the latest date written below.
ASPEN HOMELESS CENTER:
By:
Vince Savage ` (_ --- Date
Aspen Homeless Center Direc
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS:
By
Patti Clapper,Chair Date
BYL 1!) 1 VI
I I IIII
Lodi S �, 4 -j ` tnte
Pitkin C. ty Facilities Director
Jolfaeacock, Date
County Manager
'r r
By: - —
John Ely, Date
County Attorney
CONTRACT
/
1111111 111111111111111 11111 111111111111111111111111111111111111111111111111
# e)-(a --2-0( 5<( RECEPTION#: 650200, R: 50.00, D: $0.00
DOC CODE: LEASE
Pg 1 of 9,09/07/2018 at 02.35.45 PM
Janice K.Vos Caudill, Pitkin County, CO
OjTKIN
CouNTI
c7-1"-No.
J.EASE AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PTTE7N COUNTY.COLORADO
AND THE ASPEN HOMELESS SHELTER
Contract Number 2G:''. -2-U ILedger Number Doi-15.605'/6.
THIS LEASE AGREEMENT hereinafter referred to as ("the Agreement") is made and entered
into the In day of January 2018, by Aspen Homeless Shelter, hereinafter referred to as
"Lessee/Agency",and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO hereinafter referred to as the"County/Lessor".
WHEREAS. Lessee/Agency desires to rent office space in the Michael E. Schultz Health and
Human Services Building (HSSB) located at 0405 Castle Creek Road, Aspen, Colorado, more
fully described as Aspen Valley Hospital Subdivision,Lot I,City of Aspen,Colorado.
WHEREAS: The Lessee/Agency is asking to enter into an Agreement to occupy space for the
purposes of approximately 1,298.5 square feet beginning on January I, 2018 and contipu
Ouough June 30,2019.
WHEREAS: The County is willing to permit the Lessee/Agency to occupy space described as
1,298.5 square feet beginning on January 1,2018 and continuing through June 30,2019 located in
the HHSB all as more specifically hereinafter provided,as well as allow the Lessee/Agency access
to certain portions of the HHSB in furtherance of its business activities there; and
WHEREAS: The Lessee/Agency is ready, willing and able to occupy space and perform its
business functions there at in accordance with the terms, standards and conditions hereinafter set
out.
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual covenants
hereinafter contained and other valuable consideration,the parties hereto agree as follows:
I. Term and Renewal of Agreement: The County/Lessor hereby agrees and demises to
Lessee/Agency,the area designated as Suites 107, 108 and 109 in the Schultz Health and
Human Services Building. Absent any termination for cause under paragraph 16 of this
Agreement, this Agreement shall be for a period beginning on January I, 2018 and
continuing through June 30, 2018 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.
2. No Waste or Damage Covenant: During the period of this Agreement, Lessee/Agency
shall maintain these offices in good shape and repair and return them to the County/Lessor
in substantially the same condition received normal wear excepted.
3. Damage to property: In the event of damage to the Lessee/Agency's offices or to any part
of the building,the Lessee/Agency will be responsible for all repair costs. Assessment of
damage and assignment of entity to provide the repair shall be the responsibility of Pitkin
County Facilities. Negotiation of remediation of each incident shall occur with Pitkin
County Facilities.
4. Payment, The rent is$25.75 per square foot per year for the space rented by Lessee/Agency,
totaling $33,436.38; however, the County shall provide an in-kind rent contribution of
$33,436.38 to Lessee/Agency.
5. Governing Law and Venue: This Agreement Ms 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. Jurisdiction for any disputes hereunder
shall be in the courts in and of Pitkin County and the State of Colorado.
6. Remodels to Premises: No remodeling or painting is to be done to premises without the
wrinen consent of the County/Lsssoc. 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.
7. Respgnsibilities:
A. The Facilities Department oldie County is NOT re ponsibk to move,build,haul,repair
or dispose of office furniahusgs (including but not limited to bookshelves, desks,
appliances, cabinets, etc.) owned by nonprofits leasing space within the county
buildings. In the event that the facilities staff is asked to move,re-build, build, haul,
repair or dispose of said office furnishings the nonprofit may be billed for work,
including time,materials,travel time and landfill fees.The Facilities Department will be
responsible for moving the nonprofit in the event that the County hes a need for the office
space occupied by rhe nonprofit.
B. The Facilities Department is responsible for carpets,building repairs,capital upgrades,
heating/cooling, plumbing, and electrical (infrastructure), internal painting on a set
schedule, daily n-ash removal and common area cleaning. Requests for additions to the
infrastructure such as new or relocated outlets,moving cables, etc. shall be evaluated
by the Facilities Manager on a case by case bass. Lessee/Agency will be asked to pay
forupgrades.
8. Building Concerns and Complaints: Building Concerns and Complaints: For issues
regarding the physical operation of the building contract facilities at the following: All
non- emergency requests should be sent as work order requests through Cartegraph at
https://cartegraph.pitkincounty.com/Cartegraph/Internal Request. For emergency issues
pAgreement contact facilities at(970)920- 5377 during regular business hours. Between
hours of 6pm-6am call our standby technician at(970)471-8392(emergencies after-hours
only).
9. Non-Assignment: This Agreement and the rights arising under it shall not be assigned or
transferred by Lessee/Agency.
10.Occupancy Requirement County/I-essor leases space in the Schultz Health & Human
Services Building to non-profit agencies that help further the community's access to
health and human services. In order to best meet community needs,the County holds the
right to cancel any Agreement with a tenant that does not occupy their space and actively
provide services to the community on an ongoing basis. Any Agreement for office space
that is not actively used over the period of three months will be reviewed and the
Agreement may be revoked by the County/Lessor.
I I. Building Effect:This Agreement shall be binding upon the parties hereto,their respective
heirs,successors and assigns.
12. Covenant of Non-Interference: LPYeee/Agency 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: County/Lessor shall supply heating and electricity to the leased premises at no
additional charge.
14. Phones and Data: Lessee/Agency shall provide its own phone service and Internet
connections.
15. Use of Photocopier. County/Lessor shall supply an operating photocopying machine
and copying paper for the use of the Lecere/Agency at a cost of$0.02 per copy. This
will be billed quarterly.
16.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 un-tenantable for any reason during the
term hereof,the County/Lessor shall have the right to declare this Agreement terminated
and require Lessee/Agency to vacate the premises,whereupon the parties shall have no
further obligations hereunder.
17. Indemnification: Lessee/Agency shall indemnify, hold harmless and, not excluding the
County/Lesson right to participate, defend the County/Lessor and its officers, officials,
agents,and employees(hereinafter referred to as"County/Lessor")from and against any
and all liabilities, claims, actions, damages, losses, or expenses including without
limitation reasonable attorneys' fees and costs, ( hereinafter referred to as " claims") for
bodily injury or personal injury including death,or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of I enre/Agency or any of its County/Lessor' s, officers, directors,
agents,employees or contractors,arising out of or related to Lessee/Agency's occupancy
and use of the leased Premises. It is the specific intention of the parties that the
County/Lessor shall, in all instances, except for claims arising solely from the negligent
or willful acts or omissions of the County/Lessor,be indemnified by I invite/Agency from
and against any and all claims. It is agreed that Lessee/Agency will be responsible for
primary loss investigation, defense and judgment costs where this indemnification is
applicable. In consideration for the use and occupancy of the leased Premises, the
Lessee/Agency agrees to waive all rights of subrogation against the state, its officers,
officials,agents and employees for losses arising from the use,occupancy or condition of
the leased Premises.
18.Non-Waiver. The parties hereto understand and agree that the County/Lessor is relying
on,and does not waive or intend to waive by any provision of this Contract,the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act et seq.,as from time to time amended,or otherwise available
to the County/Lessor, its subsidiary, associated and/ or affiliated entities, successors, or
assigns;or its elected officials,employees,agents,and volunteers.
19. Insurance Requirements: Lessee/Agency shall procure and maintain for the duration of
the Agreement,insurance against claims for injury to persons or damage to property which
may arise from or in connection with this Agreement.
The insurance requirements herein are minimum requirements for this Agreement and in
no way limit the indemnity covenants contained in this Agreement.The County/Lessor in
no way warrants that the minimum limits contained herein are sufficient to protect the
Lessee/Agency from liabilities that might arise out of this Agreement. Lessee/Agency is
free to purchase such additional insurance as Lessee/Agency determines necessary.
A. Minimum Scone and Limits of Insurance: Lessee/Agency shall provide
coverage with limits of liability not less than those stated below. An excess
liability policy or umbrella liability policy may be used to meet the minimum
liability requirements provided that the coverage is written on a"following form"
basis.
I. Commercial General Liability — Occurrence Form Policy shall
include bodily injury,property damage and liability assumed under an
Insured Contract including defense costs.
a. The policy shall be endorsed to include the following additional insured
language: "County/Lessor, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, tnrstees,
employees, agents,and volunteers shall be named as additional insureds
with respect to liability arising out of the activities performed by, or on
behalf of the Contractor".
b. A Waiver of Subrogation shall apply in favor of the County/Lessor, its
subsidiary, parent, associated and/or affiliated entities, successors, or
assigns,its elected officials,trustees,employees, agents, and volunteers.
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
PersonaVAdvertising Injury $ 1,000,000
Fire Damage Expense $ 1,000,000
Premises Medical Expense(Each Person) E 5,000
2. Property Insurance
a. Property insurance shall be written on a Covered Cause of Loss-Special
Form,replacement cost coverage, including coverage for flood and earth
movement.
b. Pitkin County shall be named as a loss payee on property coverage for
tenant improvements and betterments.
c. The Tenant shall be responsible for insuring its own property.
d. A waiver of subrogation applies in favor of Pitkin County for any County
Property.
Coverage for Lessee/Agency's Tenant Improvements, 100%replacement cost
Fixtures
Coverage on Building(required if Lessee/Agency is sole 100%replacement cost
occupant)
Coverage for Loss of Rents Amount equal to all
Minimum Annual Rent and
other sums payable under
the Agreement
3. Worker's Compeusat:oo zed Employer' Llabtllty
MWann Wilts:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) S 1,000,000
S 1,000,000
S 500,000
B. Additional Insured Requirements; The policies shall include,or be endorsed
to include, the following provisions:
a. On insurance policies where the County/l-essor is named as an
additional insured, the County/Lmsor shall be an additional insured to
the lull limits of liability purchased by the Lnc—/Agency even if those
limits of liability are in excess of those required by this Agreement.
C. Notice of Cancellation.: Each insurance policy required by the insurance provisions
of this Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(30) days prior written notice has been given
to the County/Lessor,except when cancellation is for non-payment of premium.then
ten(10)days prior notice may be given. Such notice shall be sent directly to.
Jodi Smith,Facilities Director
485 Rio Grande Place,Unit,/ lot
Aspen,Colorado,81611
Phone: (970)920-
Fax (970)920. 5285
Jodi.smith@pitkincounty.corn
D. Ateuned:1 hr of Ignorer: Insurance is to be placed with insurers duly licensed or
authorized to do business in the state of Colorado and with an"A.M, Best" rating of
not less than A-VII. The County/Lessor in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
E. Verifkatlon of Coverage: Lessce/Agency shall furnish the County/Lessor with
certificates of insurance (ACORD form or equivalent approved by the
County/Lessor) as required by this Agreement. The certificates for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf.
All certificates and any required endorsements are to be received and approved by
the County/Lessor before the Agreement commences. Each insurance policy
required by this Agreement must be in effect at or prior to commencement of this
Agreement and remain m effect for the duration of the Agreement. Failure to
maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract.
All certificates required by this Agreement shall be sent directly to:
Jodi Smith, Facilities Director
485 Rio Grande Place,Unit# 101
Aspen,Colorado,81611
Fax(970)920-5285
Jodi.smith@pitkincounty.com
The Pitkin County Facilities Department, Agreement number and location
description are to be noted on the certificate of insurance. The County/Lessor
reserves the nght to require complete, certified copies of all insurance policies and
endorsements required by this Agreement at any time. DO NOT SEND
CERTIFICATES OF INSURANCE TO THE COUNTY/LESSOR'S RISK
MANAGEMENT DEPARTMENT.
F. Approval: Any modification or variation from the insurance requirements in this
Agreement shall be made by Risk Management or the County Attorney's Office,
whose decision shall be final. Such action will not require a formal contract
amendment,but may be made by administrative action.
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 Pronerty: It shall be the responsibility of the Lessee/Agency 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 Lessee/Agency and shall become the property
of the County/Lessor.
22.Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of
this Agreement, the substantially prevailing party shall be entitled to its costs and
reasonable attorney's fees.
23. Grant Award Contmaencv: The Lessee/Agency acknowledges that occupancy of the
premises is contingent upon satisfactory and timely compliance with the terms,
obligations and provisions set 6 forth m the Grant Award Agreement and that the parties'
rights and obligations pursuant to this Agreement will terminate automatically upon
termination or cancellation of the Grant Award Agreement between Pitkin County and the
Lessee/Agency.Termination of this Agreement shall occur upon thirty(30)days written
notice to the address set forth below.Upon termination of this Agreement,Lessee/Agency
shall vacate the premises. Lessee/Agency shall be respaaibk to Canty/Lessor for the
cost of repairs, legal fees, advertising and any other coats incurred in preparing the
premises for re-renting.
24.Notice: Any notice required or permitted under this Agreement shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods I)ha delivery or 2)registered or certified mail, postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph, may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the pan of the sender. Noticing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a summons
or other legal process. For the purpose of counting days for any notice period contained
in this Agreement,the period shall commence three days from the date of the postmark of
the letter as mailed.
To: Pltkia Conary With Copies to;
Board ofCounty Commissioners Pitkin County Anomey's Office (
C/O Facilities Director 123 Emma Rd. Ste.204 )
485 Rio Grande Place4101 Basalt,Colorado 81621
Aspen, Colorado 81611 attomey@pitkincounty.com
jodismith@pitkincounty.com
To; Aspen Holsteins Center:
Vince Savage
Lessee/Agency(Aspen Day Center)-Director
40$Castle Creek Rd, Suites 107, 108 and 109
Aspen,CO 81611
25. Severability: If any provision of this Agreement shall be declared invalid or
unenforceable,the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed as of the latest date written below.
ASPEN HOMELESS CENTER:
it
By' C ( _
Vince Sa Date '
Aspen Homeless Center Direc
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS:
By: { I. � 01- OV-I r3
Patti Clapper, -ir Date
•
t a1
JodiS CF sate
Pitkin C• ty Facilities Director
Jd5 eacock, Date
County Manager
%,TH
By;
lolm Ely, - Date
County Attorney