HomeMy WebLinkAboutbocc.con.053.2003 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHI¥ING
Originating Department/Division: _Community Relations/Health & Human Services
Contact Person: _Nan Sundecn Phone #: 920-5209
BOCC AGENDA ITEM (BOCC signature required)
__X__ STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Check Contract Type: Dollar Amount: _64,768.00
Services
Maintenance
License/Use
x Lease CONTRACT #
Construction
Purchase
Employment
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
___Quasi-Public
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K - Department Head
25-50K - Department Head (if appropriate), Section Leader
Over 50 K - Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name):Little Feet, Ltd.
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
Authorized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready
for scanning.
Note: Clerk's Office will keep original documents in compliance with Colorado
State Archives retainage schedule.
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STAFF
CONTRACT LEASE AGREEMENT BETWEEN SIGNATURE
LITTLE FEET~ LTD.
AND PITKIN COUNTY, COLORADO, 2003
This lease agreement is made and entered into on the 15th day of February, 2003, by and
between Little Feet, Ltd., a Colorado not-for-profit childcare provider hereinafter referred to as
Little Feet, and the County of Pitkin in the State of Colorado, hereinafter referred to as' the
"County".
Whereas, the County does hereby rent and lease to Little Feet, the following described space, called
the "premises", to wit: Lower Floor, North Wing of the Schultz Health and Human Services
Building approximately 4,048 square feet at $16/square foot per year totaling $64,768.00 per year,
for a term commencing on February 15, 2003 and ending on December 31, 2003. This lease is not
renewable without written consent of both parties. Failure to vacate the premises as of December
31, 2003, will not operate as a renewal of this lease.
Whereas, Little Feet is licensed by State of Colorado to operate a daycare facility which shall be open~
to the general public with thirty-three (33) spaces available, eight (8) fgr infants, ~.~,,twenty (25) for'4~
toddlers/preschoolers. Normal hours of operation shall be from 7:~ a.m. to ~p.m., Monday
through Friday (except Holidays). Little Feet shall not discriminate against applicants because of their
race, color, creed or financial status. Admitants shall be selected based upon a two-tier priority system
as follows:
First priority shall go to children of employed applicants who reside or work in
Castle Creek or Maroon Creek Valley.
Second priority shall go to children of employed applicants residing or working in
Pitkin County.
A minimum of seven (7) spaces shall be allotted for low-income (up to 300% of current
Federal Poverty Level) applicants, on a first-come, first-qualified basis.
Rates for admitants shall be based on a sliding fee scale in accordance with income
qualification standards established by Lessee and approved by Kids First. Little 'Feet is to work
with Kids First to establish the true cost of child care and create a sliding fee scale that will benefit
those families not eligible for any other types of child care financial assistance. The rate schedule
shall be reviewed on an annual basis and may be modified upon consent of Kids First. Failure to
comply with this condition of this Lease Agreement may result in loss of future in-kind rent from
Pitkin County.
Now therefore, in consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1. Period of Operation: The County hereby leases and demises for a one-year term, the
premises in the Schultz Building. Said space shall be available at 7:00a.m on Saturday,
February 15, 2003 and Little Feet will be prepared to vacate the office by 6:00 p.m. on
Thursday, December 31, 2003, unless a new lease has been signed.
2. No Waste or Damage Covenant: During the period of this lease agreement Little
Feet shall maintain the premises in good shape and repair and return it to the County in
substantially the same condition received normal wear excepted.
3. Remodels To Premises: No remodeling is to be done to premises without the written
consent of the County. Remodels will be done at Little Feet's cost unless the remodel is
addressing a health or safety issue. County must approve any credit of cost of remodeling
before work commences.
4. Payment: The rent for the entire term for the space rented by Little Feet is
$64,768.00; however, the County shall provide an in-kind rent contribution of $64,768.00 to
Little Feet.
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. Non-Assignment: This lease agreement and the rights arising under it shall not be
assigned or transferred by Little Feet.
7. Miscellaneous Services: All other services, including copier, fax machine, etc, but
not including telephone service, will be charged to Little Feet at the rate determined for all
tenants of the building. Little Feet shall be responsible for providing and maintaining its
own telephone service and phones shall be billed to Little Feet.
8. Covenant of Non-Interference: Little Feet agrees to undertake its activities in the leased
premises in a manner, which will not interfere with other tenants, and activities in the
building.
9. Utilities: The County shall supply heating and electricity to the leased premises at no
additional charge.
10. Termination for Unsuitability: In the event the building or leased premises become
damaged or untenantable for any reason during the term hereof, the County shall have the
right to declare this lease terminated and require Little Feet to vacate the premises,
whereupon the parties shall have no further obligations hereunder.
11. Repairs and Maintenance: Maintenance and repair shall be the responsibility of the
County, as well as annual carpet cleaning and annual window cleaning.
12. Indemnification:
A. Little Feet shall and hereby does release, discharge, indemnify and hold harmless the
County of Pitkin and its officials, employees, agents and representatives from and against
liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs
(including costs of investigation and defense), fees (including reasonable attomey and
expert witness fees) or compensation in any form or kind whatsoever for any bodily injury,
death, personal injury or property damage arising out of or in connection with any
negligent act, intentional act, error or omission by the Contractor, and for any
consequential liability alleged to accrue against the Cotmty on account of the Contractor's
acts, errors or omissions; provided, however, that such indemnity shall not be construed as
an indemnity for bodily injury or property damage arising from the sole negligence of the
County or its employees.
B. Little Feet further shall investigate, process, respond to, adjust, provide defense for and
defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense
and shall bear all other costs and expenses related thereto, even if the claim, demand or
lawsuit is groundless, false or fraudulent.
13. Insurance Requirements:
A. In whole or in part, Little Feet shall secure and maintain for the term of its contractual
relationship with the County, such insurance policies, from companies licensed in the State of
Colorado, as will protect itself, the County (with the County named as additional insured) and
others as specified, from claims for bodily injuries, death, personal injury or property damage,
which may arise out of or result from Little Feet's acts, errors, or omissions. The following
insurance coverage, at or about the limits indicated and including such endorsements as are
indicated by an "X", are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(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 Lim $2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable provisions):
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability (each accident)
Coverage to include (place X by applicable provisions):
__ Any Auto
All Owned Autos
Hired Autos
__ Non-Owned Autos
__ Garage Liability
(4)Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk amount of project
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County Health & Human Services
C/o Contract Manager
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 shall be filed with the County (through the
County Representative) no later than ten (10) calendar days prior to commencement of
operations affecting the County. Failure to file or maintain acceptable Certificates of
Insurance with the County 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 (through the County'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 Contractor shall file with the County'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 Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the
referenced Project is being done." ~t
D. Certificates of Insurance for all renewal policies shall be delivered to the County's
Representative at least fifteen (15) days prior to a policy's expiration date except ~'or
any policy expiring on the expiration date of this Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any
policy endorsement.
14. Termination: This agreement may be terminated at any time for any cause by either
party by 30 day written notice to the other party at the addresses set forth below.
15. Removal of Property: It shall be the responsibility of Little Feet at its own sole cost
and expense, within five days after the expiration of this Agreement, to remove office and
operating equipment and furniture from the premises. Any equipment and furniture not
removed within this period of time shall be conclusively deemed to be abandoned by Little
Feet and shall become the property of the County.
16. Attorney's Fees: In the event legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
17. 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:
Nan Sundeen
Director of Health and Human Services
0405 Castle Creek Road, Suite 7
Aspen, Colorado 81611
(970) 920-5558
with copies to:
Pitkin County Attorney's Office
530 E. Main, Suite 302
Aspen, Colorado 81611
Fax: (970) 920-5198
b. To Director/Little Feet:
Jeanette H,~yworth
0405 Castle Creek Road, Suite 1
Aspen, Colorado 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:
Nancy N. Sundeen '
Director of Health & Human Services
APPROVED AS TO FORM:
John Ely
County Atto~
LITTLE FEET, LTD.
JeaneJle Heyworth
Executive Director,
Liffie Feet, Ltd.
Mailing Address:
0405 Castle Creek Road, Suite 1
Aspen, CO 81611