HomeMy WebLinkAboutbocc.ord.042.2018 CONTRACT
it `.; :-a/ s
G4Pt40",t )
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING A LEASE AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND ALPINE LEGAL SERVICES FOR
SPACE LOCATED AT 506 E. MAIN STREET, SUITE 103, ASPEN, COLORADO
ORDINANCE NO. &E-7! -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 authonzed 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 authonzed to
take official action by Ordinance for certain matters where action is prescribed pursuant to
the Colorado Revised Statutes as amended
3. Pitkin County (" County") is the owner of the premises known as the Pitkin County
Courthouse (" PCC"), located at 506 E Main Street, Suite 103, Aspen,Colorado
4. The County has provided space as an in- kind contribution to local non-profit entities on a
yearly lease basis since 1992. The County desires to continue this practice.
5 Alpine Legal Services desires to lease space at PCC.
6. The County supports the Community Non-Profit Lessees for uses that have been established
since 1992 and desires to continue such use by accommodating space for Alpine Legal
Services at the PCC.
7. The Board finds that adoption of this ordinance is necessary for the immediate preservation
of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this ordinance and legislation to be effective immediately upon adoption.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance of the Board of County Commissioners of
Pitkin County, Colorado,Approving a Lease Agreement Between The Board of County
Commissioners and Alpine Legal Services located at 506 E. Main Street, Suite 103, Aspen,
Colorado and authonzes 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.
I1111111111111111IIIIIVIIIIIh111101111IIIIIIIIIII11111VIIIIMIIIIIIII
RECEPTION#:650984, R:$0.00, D:$0.00
DOC CODE: ORDINANCE
Pg 1 of 10, 10/09/2018 at 10:03:08 AM
Janice K.Vos Caudill, Pitkin County, CO
tk
INTRODUCED AND FIRST READ ON THE /A- DAY OF r f„1,mbe . 2018 AND
SE FOnOR SECOND READING AND PUBLIC HEARING ON THE , t DAY OF
2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF T�E
SOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE / DAY OF
7{44LW v , 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAI,.FITKIN COUNTY WEBSITE (www.pitkmcounty.com ) ON THE
OA' DAY OF -�,t 4i w.ino, 2018.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE to DAY
OF , },tiA}t,ee 2018
PUBLISHED BY TITLE AND SHORT SUM RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /ak DAY OF , 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(www.pitkmcounty com )ON THE 1/ci DAY OF L/di,(ger ,2018.
AT ST: ,- BOARD OF COUNTY COMMISSIONERSQIS
BY _ I_ 1, I y , 1Y0 By:1CO LI��rt
Jea tte Jones. Pa i Clapper, Chair
Dep ty County Clerk
Date: I0 -0f — !f1
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peaco k, County Manager
J EASE AGREEMENT BETWEEN
DIE BOARD OF COUNTY COMMISSIONERS OF PLTKIN COUNTY)
COLORADO AND ALPINE LEGAL SERVICES,
Contract Numher35 `S Ledger Nuinher(aYj[.i`6,OO5YC Gi24C
THIS LFASE AGREEMENT herein after i clewed to as the "Agreement', is made and
entered into the L,/tRia}'of Au,: �}t}-- 20IN,by Alpine Legal Sen ices.heretmftet
tela red to as "Lesser/Agency", andI}IH BOARD 01' MINTY COMMISSIONERS OF
MK COUNTY, COLORADO her cuiaflei rrfeuu'a ie as the"(roauty/L:'ssoi'.
WI IFREAS Losscis/Agenc\ desitCs to scat o1lice npdw in the Pan Counts Com mu se
loomed ci Sub R Maim Soni hone 1(11, Asp, il. Cohn Irl of l
WHEREAS 1 h: Lear,Attenc) is o,!.iii g to anter ado this Agic.nnni to ti co p spacc ul
nppmwndl,h .'16 suu,ae i. 't hceinnmr oil Joh 11 ?OLS and awtimnm, though luh 11
.10
Will RIAS Count}/I.e,soi is ll,11111? In p; amt Ilk Icct;iA, cney to occupy space
desenbed as 256 %pain cut hegnmmg on Juh I I, ?018 and continuing through Jule 11,
20191otated in the Pain Count) Coudhouse. WG F Maio Sheet, Snit ' H}3, Aspen, CO
%toil; and
Wttb RTAS The l.essee/Agency is i cad), villiug and able to occupy space and pet foi HI Its
husiuess functionl there to accot dance))int the Lams, standards and conditions lox eUiaUei
.ct au!
NOW, THEREFORE, for and in consideration of the loons, conditions and mutual
covenants hereinafter contained and other valuable consideration, the patties he eto agree
as fot!o))s'
I
'Dom and Renewal of Mgt cute_t The Cot (Lessor hereby leases mid
demises to lessee/Agency, the arca designated as Pitkin County Courthouse, 506 E
Main Street, Suite 103, Aspen,CO 11611,hemwnnfter Iefuied to as the"Pi enlists" Absent
ar}termination for cause under pm agraph 10 of this Agreement,tins Agreeineft shall begin
on July I I, 2018 and go through July I I, 2019 unless mica parte elects to Ler minute this
Agreement in the, manner described in paragraph 2(1 beton
2 No Waste or Damage Covenant' During the period of this Alai cement,LexscelAgencc
shall maintain these offices in good shape and repnii and return them to the County/Lessor m
substantially the same condition received, normal wear excepted Lessee/Apt-nes
ac km wIedges tinit Lessor/Agency has inspected the Premises and fishin es, and warrants
that the same ale in good condition and suitable for the use intended at the time of taking
possession of the h muses
3 Damage to mouunv: In the event of damage to the Lessee/Agency's offices of to
any part of the budding, caused by the Lessee/Agency, Rs set va ts, agents, clients, visitors
or invitees, the Lessee/Agency wilt he responsible for all repair costs. Assessment of
I I
damage and assignment of entity to provide the repair shall be the responsibility of the
P lkin County Facilities Department (the Facilities Department") Negotiation of
remediation of each incident shall occur with the Facilities Dcpat irent.
4 Pgyment, The tent is $25 75 per square foul per year for the space tented by
Lessee/Agency, totaling $6,592 DO; however, the Conntyft.cssor shall provide an audio('
rent contribution of$6,592 CO to Lessee/Agency.
S Onvernmg flw and Venue, ri his Agreement has been etdwed into In the Stale of
i o!motto, and he Validity, laterp ef;aion and iega: effect of this Agi cement shall he
got tuned hw the lett. of the Slab:of C'olor,ulu dui isdichon fol ,my disputes beicun ei shall
he in the routs in and of Pam Coning and the Stasi of Colmmin
n Nrgp del+. to Pistonsag .`!o ramnichngo. p: t iIU. IS In done to Pisan n_,nn till ..,i
ihr a,nitro (mount tit iii 1'mole/I.ewm this arhinia inn' alierahone to Illiv.all' and
whims to accommodate phew rind data In:., cable sant tw.,. ole:(ural outlet. ,mil hpY't
Ironies icing/wink will he Joni nil the I rt, IAur'n,.v'. C o,I nnlr nu' I, wodiol r.
.,1.1 i. "n" '.. .Iib u. t,mu1 t .0 1).;
, ... ...t .. .. ,., ^anti. n .. ... . n
temodo4nra, trod.cnrnmeilc.s
7 Risponsibi'ancs.
A The Facilities Department is NOTiesponvihle to move,build,haul,Icpair of dispose
cit office furnishings (including but not !muted to bouksheh es. decks, appllaices,
cabinets. etc)onned by nonprofits Icaeim,space within County buildings In the et enf
that the facilities staff is asked to mon c, c-build, build, haul, l opal. 01 dispose of said
of flee furnishings the nonprofit mat be bided for work,inetudug a mu,ne ClMs,Ir an el
lune and I:itdfill fees The Facilities Department will be responsible for moving the
nonprofit in the et:ent that the County/Lessor h.:sa need for the o0lee space rn,cupred by
the nonprofit
ff, The Facilities Department is responsible hi' carpets, building, rcp:ms, capital
apgrad.•s, hcatingAu sling, ptuntbreg and elect ical (infract:oettrre),internal painting n6
a set schedule, lady hash removal and common al ea cleaning Requests for additions to
the mfrasiructwe such as new on iclacated ootids,moving cables,etc shall beet al outer
by Ile Facilities Manage' on a ease by case basis Lessee/Agency will be asked to pay
fernpgridre
8 Bu Idui 1 onccros and C oni 'Iai ny, For issue IegardIng the physical operation or
the budding contact the Facilities Department at the following All non-onset genet'requests
should he sent as work older requests through Carte t aplt at
https(/car tcoaph pr tkn.co:mty com/Cartegt aph/l uta and Request For ennergetic> :ss.ws
please contact facilities at (970) 920- 5377 during regular business hours Between bows
of bpm-nae»call ourstv1db} technician at(9719471-S392(unci goo'ics after-hours only)-
9 Non-Assin'uncnl .1 his Agreement and the rights arising under it shall not be
assigned or transferred by Lessee/Agencg
10 Occupancy Reatliremetr Pitkin County leases space to non-profit agencies that
2
help further the commuriy's access to health and human services. in order to best nect
connnunity needs, the ('otnty/Lessor holds the right to cancel any Agreement with a tenant
that does not occupy then space and actiudy provide set vices to the community on an
ongmng basis Any Agi cement for office space that is not actively used over the period of
three months will be ienewed and the Agtcement may be revoked by the County/Lessor
I I Binding.liffect' this Agreement shall be binding upon the parties beta), then,
tespectit e hens,successors and assigns
I2. ED.maul OfNoir-Interferencc Lessee/Agsnc} agrees to undo take A3 activities in
the leased I iCll1i s in a ui.uu u'i, Ivludi Will not inter fere with pile tenants and ado dims
m the budding
13 27idlh ' I ('tnndt/Lcwoi 34411 so;ydr }trdiva: d i l ohs-homy to Ili' leau'd
rn ermine ii nn adds onnnl Mimic,
1 ! Plions3 mid Debi 33u3/,\puma shill lion lde ns ono Phone sn t'I' r.nnl 1111011101
I i Use of Plunocypei the County/Lessnt shall supply an operating phutosoin g
machine and copying paper for the use of the Lesser/Agency at a cod of SO 02 pct copy
This will he billed goal Icily
I a Termination for Cause and I Insuttabil tv In the even( that the Lessee/Agency shall
detaeli by facing, to pet form. I ce i and absen c any of the terns, covenants m conditions
herein contained on IN pail to be pm Coursed, as determined In. the County/Lessor, of the
b;.d dug w leased Premises hecone damaged of undimantable fm any reaAnti doting the
ICI m hereof, tie County/lessor shall have the right to declaic this Agreement terminated
and eequer I,csse/Agem cy to vacate the Premises whereupon the panties shall have no
forth cl obligations hereunder
17 Indemnification' Lessee/Arsine} agrees to indemnity,'told haunless and,not excluding
the(buntr/l xssoi's right to panic mate,defend the('aunty/I essor.its suhsidwry,parent,associated
andron affiliated entities, successors, of assigns, its elected officials, trustees,employees, agents,
volunteers, mel any prtsdietlnn at agency issuing permits for ally work performed of behalf of
essec/.Age rev.b:rriiaftcr refer ed to as indemnitee,from ani snits and claims.including aatm neva'
fees and cost of litigation, actialts, loss, dal nage,cxpeilxe, cost of claims of any chat fluter or any
nature, caused or alleged (a be caused, in whole or a part, by he negligent or willful nets or
emissions ut dm t essee/Agency, arising out of or related to Lessee/Agoacs's uecupnney of the
leased Premises II is the specific intention of the parties that the County/Lessor shall, m all
instvlees,except for claims arising solei} from the negligent or willful acts or omissions of the
County/Lessor, be indemnified by Lessee/Agency front and against any and all claims It is
agreed that I cssce Agcncs 1%111 be icsponsiblc dui pi unary loss investigation, defense and
judgment costs when; this indemnification is applicable In consideration for the use and
occnp,ney of the leased Premises. the Lessee/Agency aglecs to x asci MI tights of subrogation
against County/Lessor, its subsithaiy,parent,associated and/or affiliated entities. suecessois or
assign, Is elected officials,trustees,employees,agents and volunteers fon losses auismg tiom
the use.occupancy or condition of the leased Premises
3
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 Agreement, the
monetary limitations ci any olhci rights, immunities, and pi uteenous pl ovidecl by the
Colorado Gos ernmeutat Immunity Act et seq,as-diem time to tole attended, or therwise
available to the County/Lessor, its subsidiap', associated and/ or affiliated entities,
successors, or assigns: or its elected officials,employees, agents, and volunteers.
19 Insurance Requirements' Lessee/Agency shall proem e and maintain for the duration
of the Agreement, insurance against claims for optnl' to poisons or damage to properly
ivhich may arise nom of in connection with this Ag r cement
The mswnnce requucinents herein arc minimum requu cmcnts for this Agreement rind in no
way limit the indcinility covenants con tamed in this Agreement County/Lessor m no way
N,11r,11111 Ihnl Ib:: 1111111111141 Iunits 'nnlainrd 110111111 an s1111ichuii L. potent thr
Lienee/agency it um liabilities that'night ar rsu out ul l lis;\gquvinent l t ,sov/Aper y ns br.:
to pmt h,1se such 0dd10011a1 11141)10111V as I csa /'\i', ni 1 RI11I1mt'\c 0ssdry
A 67iniuuuui : 1d I IUIIi. of Io.nra 1 , a1'11 A lyv sh.ill idr env,
with limits of hahrhl) not kss than those slated below An excess liability policy'
yii
Indiella hale htv pilin iiia', Iia used to ova the 1111111111/1111 nubility rcgmremad:
provided that the coverage is written on a "fol loss Ing form" basis
I ('onmurrtial Cenci td Liability - Orrin truce Form Policy shall melody bodily
tunny, pmpertq damage and liability assumed under an Insured Contract including
defense costs
a The policy shall be endorsed to include the Collin%rug additional Inured
language 'Pitkin County, its subsidiary, patent, associated and/oi
affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteems shall be named as additional insureds
with respect to liability arising out of the activities per formed by. or on
behalf of Alpine Legal Set s tees"
b A Waivei of Subrogation shall apply in fin or of Pitkin County, its
subsidiary, pm cut, associated and/or affiliated entities, successors, on
assigns, its elected officials, trustees, employees, agents and volunteers
Minimum Limits:
General Aggregate R 2p00,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occur nonce lu1 s: 1,000,000
Personal/Advertising Injury S 1000,000
Fere Damage Expense $ 1,000,000
Pl ennses Medical Expense(Each Person) $ 5,000
4
2 Property Insurance
a I'nip civ ''isur an cc shall be svulien on a Covered Cause of Loss-Special
reptaccment cost con eravc, mclndiug coverage tot flood and carne
movement
b I' Elan County shall he named as n loss payee on propel ty rover age for tenant
imi»ov n dais and Mundt,
e I.csseciAgency shall be recpon.i Ne for insuring rte own proIolly
d A waive, of.nhiouatrou applies w favor of Pitl<n County for any County
Ptoy,ty
� Co,c+.•,:• i.a L; zc .i c.•rmr• Lv..N I Moto rr,irLinanrntr ust
inipmu inn urs {'ivur•. __ _. � - _ —_
CI1C13‘.• nn RoiWrm,tram do it I I IIU;,,is pima:n :ui cosi
i'nr vi a••r inn I n,. of i<can it mumu rvpi•d in ail iii:nunum
Annual Itcul and other sum•,
payable undo Iho Agieei em
Wurhn's Compensation and limpfoy res' liability Minimum I,in its:
('nr crags A (Workers'Compensation) Statutory
Coverage B (Imiploycis I.lab,lIq) $ uonosm0
S 1,000,000
$ 500,000
It Additional Insured Requirements. 1 he policies shall include ot be endorsed to
include, the foliar,mg provisions
a On nistaance poicus Whcto Pt1kw County is n.n:ed av an additional
insured, Putla° County shall be an additional 'mined to the full limits of
Irabrhp purchased by the Lessee/Agency even if those limits of liability are
u! e'ver, of diose ego:red by this Agreement
C Notice of Cancellation Each insurance policy requited by the insurance provisions
of this Agreement shall pros ale the required coverage and shall not be suspended,
voided ot canceled execpt alter tint t) (30) days pilot wiiflon nonce has been given
to the County/Lessor,except when cancellation is for non payment of premmin,(hen
ten(10)days prior notice nosy be elven Such nonce shall be sent directly to
5 �
Jodi South, Facilities Director
485 Rio Grande Place, Unit# 101
Aspen, Colorado, 8161
Phone (070) 920->
Fax(970) 920 - 528S
lode s nnlhi.rnokinawnry 'lit
D Acceptability of Insurers Insurance is to be placed with insurers duly licensed or
authorized to do business in the slate of Colorado and with an "A M Best' eating
of not less than A- VII [he County/Lessor in no way warrants that the above
required minimum insurer rating is sufficient to protect Lessee/Agency horn
potential instil ei insolvency
Verification of Coveraec Lessee/Agency shall furnish the County/Lessoi AN fill
ceihticacy of insurance (A('ORD funs ui .qurcalani .ip1iur or Iq the
moo/I N NuiI .1. It lUIRL iq rim, i4Crim /II iiia l tlllnCdi('N Or C3CM 11P.1Wni(C
policy pie In be signed by a palatal anthnil%ed by that a)suici to bind co)nage on
❑s heh:lI
.111
..lidivricsacid ,m) a quiort uniui st air ms .nn ui ih IVCCIN •d ;1/1 11 imp uieri he
the Cuurty/Lessoi below the Agi cement comnrenccs Huh insurance polio)
required by fins Agreement must be in effect at 01 pilo' to commencement of this
Agreement and imam in effect for the duration of the Agreement Fallows to
maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material bleach ofconhaei
All cmtificates iequued by Iles Agreement shall In: sent directly to
Jodi South, Factlitres Dili/etc)!
485 Rio (Jiande Place, IIu! 1(11
Aspen Colorado, 81611
Fax (970) 920-5285
;ski Linuh U Hill nn,amh u,m
'I he Pmhm County Facilities Department, Agreement innibe' and location
desciiption are to be noted on the certificate or insurance The County/Lessor
reset ccs the right to require complete, certified copies of all insurance policies and
endorsements required by this Agreement at any tune DO NOT SEND
C ERJ'IFICATES OF INSURANCE TO THE ('OINTY/LESSOR'S RISK
MANAGEAIEN'F DEPART\IENT,
P Aunroval Any modification or variation from the insurance requirements in this
Agreement shall be Heade by the ('ounty Attorney's Office, whose decision shall be
final Such action ))i11 not regime a formal contract amendment, but may be made
by administrative action
20 Termination. This Agreement may be tee minuted at any lime an any cause til either
par t) by 3(I-day ovtten notice to the other park at the addresses set foith below
21 laspechon County/I essor m its agents shall have the right to inspect the Piemises al
reasonable tunes during the term of this Agreement upon giving reasonable notice to
6
Lessee/Agency of the intent to inspect 1 he amount of time necessary for notice shall be
governed by the circumstance under which inspection is cmtied out
22 Removal of Propertt; It shall be the responsibility of the Lessee/Agency IN ono
sole cost and espe ase, within tive days atter the expiration of this Agreement, to remove
office equipment from thepremises Any equipment not remosed wd nu this period of tame
shall be condom s r:1y deemed to be abandoned by Lessee/Agency and shall become the
w operty of the(:ounty/l.essoi
23 Attorney's Pec.. in the even: legal riches i. necessary to calm cc any of the
piocisions Vf thus Agreenlenl, the substantially pl evading pails shall hr entitled to lb idh
and reasonable attorney's fees.
ra ((_tent Auuul ('onlau;5ncy. the I cssec'Agencv ac Luouled;es that oat:up hc. of
thr p'ruuu. I. 1oiJinterni upon Nausleen+n and Bundy con:M n ro ugh ihr Ln nn
obligationand mei sluu•: :ad lit:di in ILe plena As aid Ayr cr:tient Mid that the pa:oc,'
MTh', and nbhian' n.notant rt lits Ayty(to'nl colt b' )f i2 .• : I nrnttcaliv Iginn
lin nvn, , ., . ,e ..11^!t:^, . . t!..(h. et 't.'... :.i n„ in nI ,,, t,.,. i,,. i„ watt end tic
Lt':aro/Ani(try ft ata, , of the%�td ^tint_III .h.+ll nu'.n u;vn Mouy II t{i) dm.. elf ILO
notice In theaddih+s Nit l whi: lirIt,n III,uu 11 ,iuui,tlwuol iius Agrrrunv: Craw,/Agan
.bull vaane the premises 1 essec'Agcucy .hall he eq inv''31:to( emity'I t ssnu t ,u the
Cost of 'clams, legal Ices, nclveoiswg and any other costs incurred m pt:paring the
pr clout.% to re eating
25 Notice Any notice t cquucd or permitted mulct this Agreement shall he in
,.rung and shall be provuled by elect'tilde del vel y to the ornail adds eases set forth
bdnwmn/by one of[lie following methods I)hand-delivery or 2) iegtstcred or ccttitied
mail. postage pie-paid to the mailing addresses set f2:rth blow. Each gamy by nonce
sent under Ilius paragraph, may change the address to which future notices should he
sent. Itle¢nonic dshveiy of indices shall he coroids-red delivered upon wcc+pt tit
confit nation of delivery on the part of'the sender Nothing contained hetcin shall he
tomhued to preclude personal tenviOC of any notice in the in uurcl prescribed by
pit sonat service Id a summons uI tither legal pi ores,: For the put pose of counting days
fun any notice period contained in this Agice ucnt.the pet ud shall continence tin ce drys
110111 the date of lie pisslui alk of the lotto as mailed
To: County/Lessor: With Copies To:
Pitkin County Alton ey's Office
With copies to: 530 la. Main Street, Ste 301
t3o;ard of County Cur::::iasi criers Aspen, C^turtle 81411
C/O hncdmes Di ector ace' - n tuaFn, oe
485 Rio Grande Place 11101 Aspen,
Colorado 81611
to: Alpine Legal Services
Kimberly Gent
Lessee/Agency' -Exceatiue Director
506 ft Main Sheet, Suite IB
Aspen,CO 81611
7
26 Severability: If any provision of this Agreement shall he declared invalid or
unenforceable, the remai ndet of the Agreement shall continue in full (ince and effect
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he
executed as of the latest date written Mow
ALPINE LEGAL tSERVICESBp �� n... {/f. X 7-- (�_ - - cS) i(„ I r.
Kenbethv(ieuL Date
Alpine Legal Sed v,ees ixeeuti ye I)i t C01111-
HOARD
utorHOARD OP COUNTY CONINfISSIONTaS(n
inns it
"Orr �y�.
rata Mame,1, CET ' J - I
ttnr
RAT Smi$1 ' / j ate
Pdkii L'ounty I actliltiuti I>vector
I i
{ I t. • \_ 1 I
cr
Jon Peace k, County h4 agur I)ale
Br_
John Id y, County Attorney I)ate
8
CONTRACT
# .9ssss' ;poi
LEASE AGREEMENT BETWEEN,
MEoo p THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
w COLORADO AND ALPINE LEGAL,SERVICES
¢ c
z$ Stj Contract Number I`6G•.gbl`3 Ledger Number Tom,u'Y•Jn fYC .1 5-
--o oc
8 oa THIS LEASE AGREEMENT herein after referred to as the "Agicenment", is made and
m m m v entered into the I4nclay of tr5r 2018, by Alpine Legal Services,hereinafter
cl- ui o I cloned to as "Lessee/Agency", an FHE BOARD OF COUNTY COMMISSIONERS OF
t0 w m v PITKIN COUNTY, COLORADO hoeinafei iefeued to as the"County/Lcssoi"
i Jto
o
== . o
. p
O 0" > WHEREAS. Lessee/Agency desacs to lent office space in the Ilam Comm Courthouse
WI"0 to Y Ineatril al 506 F Minn Sheet, Sink 10 t, Aspen, Cohn ado, 81611
U58
T-UU"c
w o a i WHEREAS The Leased rgeacs' is asking to entero into this Agreement to oetupr spaLe of
appmonmatcly 256 square feet beginning on ink I I. 2018 and contain'nn Ihroueh .huh 11
!01'1
WHEREAS County/Lessor is willing to permit the Lessee/Agency to occupy space
described as 256 smote Leet beginning on July 11, 2018 and continuing through July I1,
2019 located in the Pitkin County Courthouse, 506 E Mani Sheet, Suite 103, Aspen, CO
81611; and
WHEREAS The Lessee/Agency is ready,lolling and able to occupy space and perform its
business functions there in accordance With the terns,slander ds and conditions her einaftem
set out
NOW, TI IEREFORE, for and in consideration of the terms, conditions and mutual
covenants hereinafter contained and other valuable consideration, the parties hereto agiec
as follows
I 'Term and Renewal of Agreement The County/Lessor hereby leases and
demises to Lessee/Agency, the arca designated as Pitkin County Courthouse, 506 E.
Main Street,Suite 103, Aspen,CO 81611,hereinafter refereed to as the"Pr onuses". Absent
any termination for cause under paragraph 16 of tins Agreement,this Agreement shall begin
on July 11, 2018 and go through July 11, 2019 unless eithei party, elects to terminate this
Agreement in the manner described in paragraph 20 below
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 Lessee/Agency F
acknowledges that Lessee/Agency has inspected the Premises and fixtures, and warrants
that the same are in good condition and suitable for the use intended at the time of taking
possession of the Premises.
3 Damage to properly. In the event of damage to the Lessee/Agency's offices or to
any part of the building, caused by the Lessee/Agency, its servants,agents, clients, visitors
or invitees, 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 at the
Pitkin County Facilities Department (tire "Facilities Department"). Negotiation of
remediation of each incident shall occur with the Facilities Department
4. Payment', The rent is $25,75 per square foot per year for the space reined by
Lessee/Agency, totaling $6,592.00; however, the County/Lessor shall provide an in-kind
lent contribution of$6,59200 to Lessee/Agency
5. Gnvcrning and Venue:-This Agreement has been entered into in the Slate of
Colorado, and the validity, interpretation and legal effect of this Agi cement shall be
governed by the laws of the State of Colorado Jur isdidi ion fol any disputes bei eundei shall
be in the courts in and or Pitkin County and the State of Cotoiado.
6 &w_oddg Jo Prenn_cs;No remodeling of painting is to h,done to Pi cod e>xitiiuut
the wntini cuasrid or the Couidy/Lrsstn Thio Includes any ahorn firms to the mile and
ceilings to accommodate phone dad data luno. cable sen'w,, Ouch n will outlets and 1011
lislwrs Ncmndnls will he done al the I essrrfAgrnry's cost unless the retinnlrl r.
'til' ' a be.ip. ar ,:ale . iscu:' inu;t dyoc-n.. am. n..m ui
remodeling hcforc Wolk commences
7 Responsibilities
A The Facilities Department is NOT responsible to move,build,haul,i epan or dispose
of office furnishings (including but not limited to bookshelves, desks, appliances,
cabinets,etc)owned by nonprofits lensing space within County buildings. In the event
that the facilities staff is asked to move, re-bud d, build, haul, i eparr 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 he responsible for moving the
nonprofit in the event that the County/Lessor has a need for the office spaceoccupied by
the nonprofit.
B, The Facilities Department is responsible foi carpets, building repairs, capital
upgi ales,heating/cooling, plumbing and electrical(mfrastructnro), internal painting on
a set schedule, daily hash removal and common area cleaning Requests for additions to
the infrastr ctuie such as new or wlocated outlets,moving cables,etn shall be evaluated
by the Facilities Manages on a case by case basis Lessee/Agency will be asked to pay
tilrupotades
8 BulldinR Concerns and Conmlaint§. For issues regarding the physical operation of
the building contact the Facilities Department at the following;An non-emergency requests
should be sent as work order requests through Cartegraph at
https//cartegraph pitkincormty.comlCartegraphflnternalRequest For emergency issues
please contact facilities at (970) 920. 5377 during regular business hours, Between hours
of 6pin-6am call our standby technician at(970)47I-R392(emeigenetes alba-hours only).
9 Nou-Asstrnmcnt This Agreement and the rights arising under it shall not be
assigned or transferred by Lessee/Agency.
10. Decay. Requirement: Pitkin County leases space to non-profit agencies that
2
help further the community's access to health and human services. In order to best meet
community needs,the County/Lessor holds the right to cancel any Agreement with a tenant
that does not occupy their space and actively provide services to the connmmity on an
ongoing basis Any Agreement for office space that is not actively used over the period of
three months will be wviewed and the Agreement may be revoked by the County/Lessor.
11. Bing Effect: This Agreement shalt be binding upon the pm tics hereto, their
respective heirs, successors and assigns
12. Covenant of Noninterference: Lessee/Agency agrees to undertake its activities In
the leased premises in a manner, which will not interfere with other tenants and activities
m the building
13 Utilities The CI nady/Lcssi , shall supple hraiiiu end electricity to the leased
mn•nn are al no add'noon l charge
Id Phmit.s.iud Data I,L. L /\'winv shrill pun ide us own phouc s'i vu e and Internet
t,N,Ntm ORS
15 Use wfPlrotocopin. 'I lie County/Lessor shall supply ml opotating photocopying
machine and copying paper fur the use of the Lessee/Agency at a cost of$0 02 per copy
This will be billed quarter Iv.
I6. Termination for Cause and tinsuitgbility in the event that the Leswe'Agcncy shall
default by failing to pet form, keep mud observe any of the terms, covenants or conditions
herein contained on its part to be performed, as determined by the County/Lessor, or the
building or leased Premises become damaged or un-tenantable for any reason during the
term hereof, the County/Lessoi 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 agrees to indemnify,hold harmless and,not excluding
the County/Lessor's right to participate,defend the County/Lessor,its subsidiary,parent,associated
andlor affiliated entities, successors, or assigns,its elected officials, Imstees, employees, agents,
volunteers, mid any jurisdiction or agency issuing permits for any work performed on behalf of
Lessee/Agency,hereinafter referred to as indemnitee,from all suits and claims,including attorneys'
fees and cost of litigation,actions, loss,damage,expense.cost of clauns of any character or any
nature, caused or alleged to be caused, in whole of in part, by the negligent or widlhd acts or
omissions of the Lessee/Agency, arising out of or related to Lessee/Agency's occupancy of the
leased Premises. It is the specific intention of the parties that the Coutt•A essor 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
agtced that Lessee/Agency will be responsible in primary loss investigation, defense and
judgment costs where this indemnification is applicable, In consideration for the use and
oceapanc of the leased Premises,the Lessce/Agency agrees to waive all rights of subrogation
against County/Lessor, its subsidraiy, parent,associated and/or atfihatcd entities,successors or
assigns,its elected officials,trustees,employees,agents and volunteers for losses wising from
the use,occupancy or condition of the leased Premises
3
l8. 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 Agreement, the
monetary limitations or any other tights, 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,
Mach may arise FmI n or in connection with this Agreement
The instil ante requirements herein arc minimum requii ements for this Agi cement and in no
way li not the indemnity covenants contained in this Agreement County/Lessor in no way
Warrauts thai the 'Minium° limits contained herein are suffirient to pr alert the
Le:.sae/a.genoy 11 tun liabilities that n tight.0 Ise out of this Agmcement Lesser/Agency is rice
to 'anyhow such additional insomnia-a. I y drtruuur.un rs.nil
A Minimum.S r'nr uuJ I.imila of lmnramJe 1 rqcri'fA 'rory chit' n ovIde envei.°or
with li'ils of liabilit mol Its% Than those stated below An excess liability policy or
undnon:1 liability Poky may he used to Merl the nunnmum liability requtements
pl ovided that the coverage is wi teen on a"following for in" basis
I Commercial General Liability - Occurrence Form Policy shall include hoddy
n0ury, property damage and liability assumed under an Insured Contract including
defense costs
a The policy shall be endorsed to urclude the following additional Insured
language ''Pitkin County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, mid volunteers shall be named as additional insureds
with respect to liability arising out of the activities performed by, or on
behalf of Alpine Legal Services"
b. A Waive! of Subrogation shall apply in favor of Pitkin County, its
subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees,employees, agents, and volunteeis
Mininnmt Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1000,01111
File Damage Expense $ 1,000,000
Premises Medical Expense(Fath Person) $ 5,000
4
2 Property Insurance
a Property insurance shall be written on a Covered Cause of Loss-Special
Form, replacement cost coverage, including covei age fou flood and earth
movement
b Pit kin County shall be named as a loss payee on pioverly covet age foi tenant
improvements and htuhnts
c Lessee/Agency shall be responsible for insuring Its own property.
d A waiver of sub]ogati nil applies in favoi of Pi kin County for any County
Pmpeity
C'ovci Ige fol Lessee/Agenry'N'1'enanl I HIM ]enlacement cost
Ingnnrrnnvnn I*I\uu C,
COVCla30 on ftddinn(rrgnlrod ]f _ - 100';6 1Upialtineln Cost
;s acla„ceupautl
CON rmer fol 1,0q, ui Renis Amount rgwd w all Minimum
Amulet Rent and other sums
payable undo the Agreement
3 Worker's Compensation and Employers'Liability Minimum Limits:
Coverage A(Wo]kers'Compensation) Statutory
Coverage B(Employers Liability) $ 1,0(10,000
$ 1000,000
$ 500,000
B Additional Insured Requirements. The policies shall include, or be endorsed to
include, the following provisions
a On insurance policies where Pitkin County is named as an additional
insured, Pit kin County 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 Agreement shall provide the required coverage and shall not be suspended,
voided or canceled except after flinty (30)days pnoi whitten notice has been given
to the County/Lessor,except when cancellation is for non-payment of premium, then
ten(10) days prior notice may he given Such notice shall be sent directly to'
5
Jodi Smith,Facilities Director
485 Rio Grande Place, Unit?! 101
Aspen,Colorado. 81611
Phone. (970) 970-?
Fax(970)920- 5285
Josh smith'',D I1 t aaol,Mv cum
D. Acceptability of Insurers' Insurance is to be placed with msurels 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. 'f he County/Lessor m no way warrants that the above-
required mini mint insurer rating is sufficient to noire protret Leasee/Agency from
potential insurer insolvency
Ir. Veiif cation o1' Coyeage. Lessee/Agency shall lowish the Counts/Lessor with
ecltiticates of Ins s:ince (ACORD form m equivalent approved by the
wool%/i.r'solJo nItrniv,i II\ Iii' /1giVellIflll II 1C <ClllllenlC' fur eatli IIAlrldllce
pokey Mr to bl.,ignrd by a person authorized by that insurer to hind em eraje on
is behalt
All lel t'l, ak.s and .u,v l Lipiihed rudurminenia .In: w 1/C Kron Cd ami appl of ed by
the CountyiLessor before the Agreement commences, Lath insurance Fahey
requned by this Am cement must he in effect at or prior to commencement of this
Agreement and remain in effect for the duration of the Am cement Failure to
maintain the insurance policies as required by this Agreement or to pi Ovide evidence
of renewal Is a material bleach ofcontl act
All certificates requited by this Agi cement shall In:sent directly hi
Jodi Smith, Facilities Director
48.5 Rio Grande Place, Unit/ 101
Aspen,Colorado, 81611
Fax(970) 920-5285
Jodi songrd!m(Alutouim eo!Ll
The Pitkin County Facilities Department, Ag'cement nunubel and location
description are to be notal on the certificate of insurance The CouotytLessom
resat yes 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 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, Tei mnatien:This Agreement may he terminated at any time for any cause by either
pa ty by 30hday wvllcn notice to the other party at the addresses set fol th below
21 Inspection. County/Lessor on its agents shall have the right to inspect the Premises at
reasonable tunes during the term of this Agreement upon giving reasonable notice to
6
Lessee/Agamy of the intent to inspect The amount of time necessary for notice shall be
governed by the circumstance under which inspection is carried out.
22. Removal of Property' II shall be the responsibility of the Lessee/Agency at its own
sok 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
pr opurty of the County/Lessor
23, Attorney's Fees' In the event legal action is necessary to enforce any of the
piovisions of this Agiecment, the substantially prevailing pasty shall he ennled to its costs
and reasonable attorney's fees.
l4 Grant Award Contingency: 1 he Lessee/Agency acknowledges that occupancy of
the premises is nndnment noun s,iiislhiaory airy' marl} compliance with the Terms
obligations and pi ovrsnns set for In the Gran( ANN slid Agreement and that the puttied
rights and obligations pursuant to this Ai,riamlert will teammate automaticill ' upon
iernvnahnn n. .rellatio;. ;.t the Grant Au:mrd s -c nrnt h.bass: Pit!kni Curam LUid U1
Lesser/Apenry Termination of this Agreement shall oceul 110011 thirty (30) days written
notice to the address set leilh briny} U0011 bauuna0uu tit dos Agreement, Lesxr/Agenoy
shall vacate the premises Lessee/Agency shall he responsible to County/Lessor for the
cost of repair s, legal fees, advertising and any other costs incurred in preparing the
pi ennses fun re- scaling
25 Notice Any notice iequrcd or permitted under this Agreement shall be in
sw sang and shall be provided by eleelionic delivery to the c-snail addresses set forth
belowand by one of the following methods I)hand-delivery or 2)registered or certified
mad, 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 part of the sender. Nothing 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 contoured in this Agreement,the period shall commence three clays
from the date of the postmark of the letter as mailed
To: County/Lessor: With Copies To:
Pitkin County Attorney's Office
With copies to: 530 E. Main Street, Ste 301
Board of County Commissioners Aspen, Colorado 81611
C/O Facilities Director nuonypg{pilin aunty cern
485 Rio Grande Place#101 Aspen,
Colorado 81611
Anil .nndr Last corn
7•o: Alpine Legal Services
Kimberly Gent
Lessee/Agency -Executive Director
506 E Main Street,Suite 1W
Aspen,CO 81611
7
26 Severability: If any provision of this Agreement shall he declared invalid or
unenforceable, the remainder of the Agreement shall continue in fill force and effect
IN WITNESS WHEREOF', the parties hereto have caused this Agreement to be
executed as of the latest date written below
ALPINE LRGAL SERVICES
9- --4
Kimberly Gent, - Dale
Al pme Legal Set vices xeculi ye Di eetw
BOARD OF COUNTY COMMISSIONPRS OI.
i'IIhIN I. IRIN IV
(9.11 I I, (11.1 I Lilt'
g
By � /C7
Jod'
Sini ' a
Pi dun minty Paoli B. Director
E .. C. d6 ? -1-(
Jon Peaco k, County MaJger Date
John Ely,County Altomey Date
8