Loading...
HomeMy WebLinkAboutbocc.con.276.22 - BOCC LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND LIFT UP FOR SPACE AT THE MICHAEL E. SCHULTZ HEALTH AND HUMAN SERVICES BUILDING THIS LEASE AGREEMENT herein after referred to as (“the Agreement” or “Lease”) is made and entered into on the 1st day of October, 2022 by Lift Up hereinafter referred to as “Lessee or Agency”, and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO hereinafter referred to as the “County or Lessor”. WHEREAS: Lessee desires to rent office space in the Michael E. Schultz Health and Human Services Building (“HHS”) located at 0405 Castle Creek Road, Aspen, Colorado, more fully described as Aspen Valley Hospital Subdivision, Lot 1, City of Aspen, Colorado. WHEREAS: The County is willing to permit the Lessee to occupy space located in the HHS and as more specifically hereinafter provided, as well as allow the Lessee access to certain portions of the HHS in furtherance of its business activities there; and WHEREAS: The Lessee 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 hereby leases to Lessee 391 square feet of leasable space designated as Suite No. 206 in the Schultz Health and Human Services Building (“Premises”). This Agreement shall begin on October 1, 2022 and continue thru September 30, 2023. 2. No Waste or Damage Covenant: During the period of this Agreement, Lessee shall maintain the Premises in good shape and repair and return them to the County in substantially the same condition received, normal wear excepted. 3. Damage to property: In the event of damage to the Premises or to any part of the building, caused by Lessee’s action or neglect, the Lessee 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. 4. Inspection: County or its agents shall have the right to inspect the Premises at reasonable 2 times during the term of this Agreement upon giving reasonable notice to Lessee of the intent to inspect. Reasonable notice shall be twenty-four (24) hours, unless the circumstances under which inspection is carried out warrant a shorter period of time (e.g. risk to property or life). 5. Rent. The rent is $30.00 per square foot per year, for the space rented by Lessee/Agency, totaling $11,730 however, the County/Lessor shall provide an in-kind rent contribution of $11,730 to Lessee/Agency. 6. Governing Law and Venue: This Lease is to be construed according to the laws of the State of Colorado. Venue for any disputes hereunder shall be in the courts of Pitkin County, Colorado. 7. Remodels to Premises: No remodeling or painting is to be done to premises without the written consent of the County. 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’s cost unless the remodel is addressing a health or safety issue. 8. 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, and 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 3 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. Lessee Responsibilities A. Security Requirements: A. 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. B. 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. C. It is recommended to not open or close windows. All windows shall be secured and locked before leaving for the day/weekend. D. Retain Card Access ID at all times – never loan your card to another person. E. 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. F. When entering and exiting before/after hours, ensure the door behind you is secure before proceeding to your office. G. Keep doors closed at all times: propped exit doors may cause alarms to sound. H. 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. I. 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. J. Report lost and stolen cards immediately per Card Access Procedures set forth in this section (M) below. K. 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, 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. L. 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. 4 M. 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: A. 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. C. The All Campus No Smoking Policy: A. All employees and visitors are prohibited from smoking and using tobacco products while on County-owned property, which includes buildings, facilities, and outdoor spaces. Employees and visitors must be off site and are encouraged to practice safe behaviors when smoking. D. Parking: A. There are designated parking spots for employees who work in the Schultz Health and Human Services Building, which are identified in the parking lot. Staff are able to park in other spots in the lot, and are encouraged to allow visitors to park closer to the building. 9. 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). 10. Non-Assignment: This Agreement and the rights arising under it shall not be assigned or transferred by Lessee/Agency. 11. Occupancy Requirement: As part of the consideration for this Lease, Lessee agrees to help further the community’s access to health and human services provided by the Lessee. In order to best meet community needs, the County holds the right to cancel this Lease if Lessee that does not occupy and actively use their space to provide services to the community on an ongoing basis. Failure to use the Premises to provide public services over the period of three months will constitute breach of this Lease. 12. Covenant of Non-Interference: Lessee agrees to undertake its activities in the leased premises in a manner, which will not interfere with other tenants and activities in the building. 13. Utilities: The County shall supply heating and electricity to the leased premises at no additional charge. 5 14. Phones and Data: Lessee shall provide its own phone service and Internet connections. 15. Termination for Cause and Unsuitability: In the event that the Lessee shall default by failing to perform, keep and observe any of the terms, covenants or conditions of this Lease, or the building or leased premises become damaged or un-tenantable for any reason during the term hereof, the County shall have the right to declare this Agreement terminated and give notice to the Lessee to vacate the Premises. Upon termination, any obligations of the Lessee shall continue until satisfied. 16. Indemnification: Lessee shall indemnify, hold harmless and, not excluding the County right to participate, defend the County and its officers, officials, agents, and employees 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 arising out of or related to Lessee’s occupancy and use of the Premises. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Lessee from and against any and all claims. 17. Non-Waiver: The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Lease, 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. 18. Insurance Requirements: Lessee/Agency shall procure and maintain for the duration of the Agreement, insurance against claims for injury to persons or damage to property, which may arise from or in connection with this Agreement. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The County/Lessor in no way warrants that the minimum limits contained herein are sufficient to protect the Lessee/agency from liabilities that might arise out of this Agreement. Lessee/agency is free to purchase such additional insurance as Lessee/agency determines necessary. A. Minimum Scope and Limits of Insurance: Lessee/Agency shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is 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. 6 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. 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 7 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. 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 8 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. 19. Lessee Obligations: Mandatory Emergency Response Team (ERT) participation is required. Meetings are held quarterly and Directors/Managers of all HHS agencies are required to attend and share decisions/meeting outcomes with their staff. All agency staff are expected to be trained to these outcomes. Lessee Directors/Managers are responsible for training new staff hires on the HHS security measures before a new employee security access badge is issued. This includes, but is not limited to, sharing the Employee Tenant and Safety Packet, mandating the viewing of the Run/Hide/Fight Video, and physically showing all new hires the fire/emergency exits in the HHS Building. All directors/managers are also responsible for mandating all agency employees attend all HHS bi-annual Safety/Security trainings. Lessee and its employees and clients are expected to adhere to all County 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- enforce that their employees and clients are following this policy 9 and any infraction to these policies would be considered a breach of agency responsibility and could result in termination of lease. 20. Removal of Property: It shall be the responsibility of the Lessee 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 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 to possession of the Premises will terminate automatically upon termination or cancellation of the Grant Award Agreement between the County and the Lessee. 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 or 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. To: Pitkin County With copies to: Board of County Commissioners Pitkin County Attorney’s Office C/O Facilities Director 530 E. Main Street, Suite 302 485 Rio Grande Place #101 Aspen, Colorado 81611 Aspen, Colorado 81611 attorney@pitkincounty.com Facilities_admin@pitkincounty.com To: Lift Up: 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. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. LESSEE/AGENCY: LIFT UP By: _____________________________________________ Contracts Manager Date PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: By: ___________________________________________ Rich Englehart, Date Deputy County Manager By: ___________________________________________ Lindsay Maisch, Human Services Director Date By: ___________________________________________ John Ely, Date County Attorney Oct-04-2022 Oct-05-2022 Oct-06-2022 Oct-10-2022