HomeMy WebLinkAboutbocc.con.026.21 - BOCC AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING A LEASE AGREEMENT WITH
ALPINE LEGAL SERVICES
ORDINANCE NO. 006-2021
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of
Pitkin County, Colorado 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, and
WHEREAS, 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 prescribed
pursuant to the Colorado Revised Statutes as amended, and
WHEREAS, Pitkin County (“County”) is the owner of the building known as the Pitkin County
Courthouse located at 506 E. Main Street, Aspen, CO 81611.
WHEREAS, pursuant to Ordinance No. 026-2019, the BOCC entered into a lease agreement with
Alpine Legal Services for Space No. 02B at the Pitkin County Courthouse and desires to continue
to lease such space for a period beginning on January 1, 2021 and continuing through December
31, 2021 under the provisions described in the lease agreement.
WHEREAS, Alpine Legal Services currently leases Suite 02B, 506 E. Main St., Aspen, CO 81621
and desires to continue such lease for a period beginning on January 1, 2021 and continuing
through June 30, 2021 under the provisions described in the Lease Agreement.
WHEREAS, The BOCC desires to continue to lease space to Alpine Legal Services under the
provisions described in the Lease Agreement.
WHEREAS, The BOCC 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 with the attached lease 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 Approving a Lease Agreement (attached
hereto as Attachment “A”) with Alpine Legal Services for space at the Pitkin County Courthouse
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.
Contract No. 026.2021 - BOCC
(Attached)
INTRODUCED AND FIRST READ ON THE 13TH DAY OF JANUARY, 2021 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 27TH DAY OF JANUARY, 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14TH DAY OF
JANUARY, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 14TH
DAY OF JANUARY 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 27TH DAY OF
JANUARY 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 4TH DAY OF FEBRUARY, 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 28TH DAY OF JANUARY, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
Feb-13-2021
LEASE AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
AND ALPINE LEGAL SERVICES
THIS LEASE AGREEMENT herein after referred to as (“the Agreement”) is made and entered
into on the _____ day of _______________, 2021 by Alpine Legal Services 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 Pitkin County Courthouse located
at 506 E. Main Street, Suite 02B, Aspen, Colorado.
WHEREAS: The County/Lessor is willing to permit the Lessee/Agency to occupy space located
in the Pitkin County Courthouse and as more specifically hereinafter provided, as well as allow
the Lessee/Agency access to certain portions of the Pitkin County Courthouse 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 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:
1.Term: The County/Lessor hereby leases and demises to Lessee/Agency, 167 square feet
of floor area designated as Suite No. 02B in the Pitkin County Courthouse. Absent any
termination for cause under paragraph 14 of this Agreement, this Agreement shall begin
on January 1, 2021 and continue thru December 31, 2021.
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 Manager/Director.
22 Februarynd
Contract No. 026.2021 - BOCC
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4.Payment. The rent is $30.00 per square foot per year, for the space rented by
Lessee/Agency, totaling $5,010.00 annually however, the County/Lessor shall provide an
in-kind rent contribution of $5,010.00 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. 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
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.The Facilities 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/Lessor 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/Director on a case by case basis. Lessee/Agency will be asked
to pay for upgrades.
C.Recycling and composting is required of the Lessee during the term of the lease.
D.In order to ensure the safety of the building tenants, building infrastructure and to meet
other state and county regulations Lessee is required to contact the Pitkin County
Facilities Director/Operations Manager for pre-approval of all equipment upgrades,
replacements, and additions in their lease space, including but not limited to
heating/cooling devices, large kitchen appliances such as dishwasher, garbage
disposals, refrigerators, laundry, and network equipment such as server locations. Pre-
approvals must be submitted in writing 30 days prior to installation. Failure to receive
written approval will be a considered non-compliance with the lease agreement.
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Lessee Responsibilities:
A.Security Requirements:
1)The Authorized Agent for Lessee will serve as the primary access control approver
or he or she may delegate to other individuals working in the Leased Premises, to
coordinate with Facilities Management for access control schedules, changes and
or troubleshooting issues.
2)The Authorized Agent for Lessee authorizing access for an individual is responsible
for removing, returning, or revoking that access as required. This includes any
metal keys or electronic access devices issued to allow access to Lessee controlled
areas.
3) All windows shall be secured and locked before leaving for the day/weekend.
4)Retain Card Access ID at all times – never loan your card to another person.
5)Wear or have your Card Access ID on you at all times when working in the Leased
Premises. In the event of a Leased Premises lockdown you will need your card to
gain access to secure areas.
6)When entering and exiting before/after hours, ensure the door behind you is secure
before proceeding to your office.
7)All visitors, clients, and employees without access control are required to use the
Main Street entrance and go through the security check-point. Escorting anyone
without their own assigned access card is unacceptable, including family and
friends.
8)Keep doors closed at all times: propped exit doors may cause alarms to sound.
9)If, for any reason you do not have your Card Access ID, and cannot gain access to
the Leased Premises, only the Authorized Agent for Lessee will grant you
access. Facilities staff has been directed to refer anyone without their access card
to the Authorized Agent for Lessee.
10)Unauthorized persons (those without a Card Access ID) are not permitted into the
Leased Premises after hours unless under the supervision of a Lessee host with a
Card Access ID.
11)Report lost and stolen cards immediately per Card Access Procedures set forth in
this section (m) below.
12)Lessee and its individual staff are responsible for securing and safeguarding any
access device they have been issued. This includes but is not limited to, metal keys,
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Access Card, proximity device, biometric device, combination, PIN code, or any
device used to gain access to the Leased Premises or areas under the control of, or
maintained by, the County.
13)Lessee and its individual staff are responsible for proactively confirming their Card
and/or PIN code work properly, prior to the necessity of after-hours Leased
Premises access, weekend access or to attend to any type of critical meetings or
incidents in the Leased Premises. Failure to do this could result in delays in gaining
Leased Premises access.
14)If any access device, for which Lessee or its individual staff are responsible is lost,
stolen or compromised the user must report it immediately to the Facilities
Management Team (facililities_admin@pitkincounty.com) and the Authorized
Agent for Lessee. In addition to the reporting procedure listed above, if metal keys
are lost or stolen the Authorized Agent for the Lessee or Lessee’s individual staff
must contact the Facilities Management Team and follow procedures regarding lost
or stolen keys.
B.Pets:
1)Dogs or other pets shall be prohibited on the premises at all times. Service dogs
shall be allowed on the premises, but shall be controlled and monitored at all times.
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
please 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: Pitkin County leases space in the Pitkin County Courthouse
to non-profit agencies that help further the community’s access to legal 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
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.
11.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.
12.Utilities: The County/Lessor shall supply heating and electricity to the leased premises at
no additional charge.
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13.Phones and Data: Lessee/Agency shall provide its own phone service and Internet
connections.
14.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/Lessor, 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.
15.Indemnification: Lessee/agency shall indemnify, hold harmless and, not excluding the
County/Lessor's 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 Lessee/Agency/ 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.
16.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.
17.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.
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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 written 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, 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
Personal/Advertising Injury $ 1,000,000
Fire Damage Expense $ 1,000,000
Premises Medical Expense (Each Person) $ 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 the Pitkin County for any
County Property.
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Coverage for Lessee/Agency’s Tenant Improvements,
Fixtures
100% replacement cost
Coverage on Building (required if Lessee/Agency is sole
occupant)
100% replacement cost
Coverage for Loss of Rents Amount equal to all
Minimum Annual Rent and
other sums payable under the
Agreement
3.Worker's Compensation and Employers' 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:
Facilities Director
485 Rio Grande Place, Unit# 101
Aspen, Colorado, 81611
Phone: (970) 920-5377
Fax (970) 920 - 5285
facilities_admin@pitkincounty.com
D.Acceptability of Insurers: 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.
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E.Verification of Coverage: 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:
Facilities Director
485 Rio Grande Place, Unit# 101
Aspen, Colorado, 81611
Fax (970) 920-5285
Facilities_admin@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.
18.Agency Obligations:
Agency Directors/Managers are responsible for training new staff hires on security
measures before a new employee security access badge is issued. All Agencies within the
Pitkin County Courthouse and their employees and clients are expected to adhere to all
Courthouse Building Policies. This includes, but is not limited to, The All Campus No
Smoking/Vaping policy and the No Weapons Allowed on Premise Policy. It is the
responsibility of each Agency to self- police that their employees and clients are
following this policy and any infraction to these policies would be considered a breach
of agency responsibility and could result in termination of lease.
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19.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.
20.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.
21.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.
22.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 forth in 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.
23.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 1) 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 considered delivered upon receipt of confirmation of delivery
on the part 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.
With copies to:
Pitkin County Attorney’s Office
530 E. Main Street, Suite 302
Aspen, Colorado 81611
attorney@pitkincounty.com
To: Pitkin County
Board of County Commissioners
C/O Facilities Director
485 Rio Grande Place #101
Aspen, Colorado 81611
Facilities_admin@pitkincounty.com
To: Alpine Legal Services:
Jennifer Wherry
Executive Director
10
506 E. Main Street, Suite 02B
Aspen, CO 81611
jennifer@alpinelegalservices.org
24.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.
LESSEE/AGENCY: ALPINE LEGAL SERVICES
By: _____________________________________________
Executive Director Date
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS:
By: __________________________________________
Kelly McNicholas Kury, Chair Date
APPROVED AS TO FORM:
By: ___________________________________________
John Ely, Date
County Attorney
Feb-08-2021
Feb-13-2021
Feb-22-2021