HomeMy WebLinkAboutbocc.con.034.2003 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: _Community Relations/Health & Human Services
Contact Person: _Nan Sundeen Phone #: __920-5209
X
Check Contract Type:
Services
Maintenance
License/Use
x Lease
Construction
Purchase
Employment
BOCC AGENDA ITEM (BOCC signature required)
STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Dollar Amount: _3360.00
CONTRACT 3,
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
__Quasi-Public
Grant Agreements (Requires BOCC Action)
Other
STAFF AUTHORIZED
SIGNATURE
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: Child Care
Resource Center
Contract Start Date: __01/01/03 Contract End Date: 12/31/03
Automatic Renewal (Y/N): _N --
All Contracts should be proofed for the following:
· No Pages Missing
· If a Page is Left Intentionally Blank - Note 'on Page
· Page numbered consecutively
· All Signatures Affixed
· All Dates Filled In
· All Other Blanks Filled In
· All Exhibits Attached
· All Legal Descriptions Attached (if appropriate)
· Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date:
Authorized Sta~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.
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CONTRACT
LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN D.B.A.
KIDS FIRST: CHILD CARE RESOURCE CENTER
AND
PITI{IN COUNTY, COLORADO
This lease agreement is made and entered into on the 1st day of January, 2003, 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, 2003 - December 31, 2003, 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, 2004 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 2003 to Kids First that area designated Suite 3 in the Schultz Building.
Said space shall be available at 8:00 a.m., Wednesday, January 1, 2003. Kids First will
be prepared to vacate the office by 5:00 p.m. on Wednesday, December 31, 2003, 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. Postage: Kids First has access to the County/Lessor postage machine and will be
billed semi-annually for the amount of postage used by Kids First. Payment is to be
made to Pitkin County Treasurer upon receipt of each invoice for postage used.
5. 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.
6. Remodels To Premises: No remodeling is to be done to premises without the
written consent of the County/Lessor. Remodels will be done at the Lessee/Agency's
cost unless the remodel is addressing a health or safety issue. County/Lessor must
approve any credit of cost of remodeling before work commences.
7. Non-Assignment: This lease agreement and the rights arising under it shall not be
assigned or transferred by Kids First.
8. Binding Effect: This lease agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns.
9. 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.
10. 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.
11. Utilities: The County/Lessor shall supply heating and electricity to the leased
premises at no additional charge.
12. Termination for Unsuitability: In the event the building or leased premises become
damaged or untenantable for any reason during the term hereof, the County/Lessor shall
have the right to declare this lease terminated and require 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
X
X
X
X
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County Health & Human Services
C/o Connie Overton
0405 Castle Creek Road, Suite 7
Aspen CO 81611
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor
(through the County/Lessor Representative) no later than ten (10) calendar days prior to
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.
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 Attomey'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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
PITKIN COUNTY, COLORADO
By (~X(7 O ~(k [7_/?,-
Nancy N. Sundeen Date
Director of Human Services
APPROVED AS TO FORM:
CITY ~[~ASPEN D.B.A. KIDS FIRST
Steve Ba~ick Date
Shirley [i2er ~ D~e ~
Director,
Kids First: Child Care Resource Center
Mailing Address:
0405 Castle Creek Road, # 3
Aspen, CO 81611