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HomeMy WebLinkAboutbocc.con.099.2006 .~ CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Public Works - Assets Division Contact Person: Jodi Smith Phone #: 920-5396 Project Name Chourthouse Tenant Lease 2006 CONTRACT #: 099- IL o BOCC AGENDA ITEM (BOCC signature required) rgjSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7 f2(05) Check procurement type: rgjNone OInformal []Formal OSole Source OEmergency OState Bid 0 Check Contract Tvpe: Dollar Amount: $0 Budget Line Item/Ledger Number NA OServiceslMaintenance OLicense/U se rgjLease OConstruction OGoods, Equipment, Supplies OOther (e.g. revenue) OEmployment (for county employees) OIntergovemmental Agreement (Requires BOCC Action) ONon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment ContractorlBusiness (Complete Name):Alpine Legal Services Contract Execution Date:04/26/06 Contract End Date: 12/31/2006 Automatic Renewal (yDNrgj) Term of Contract:Oyear(s) All Contracts should be proofed for the following: rgjNo Pages Missing rgjIf a Page is Left Intentionally Blank -Note on Page rgjPage numbered consecutively rgjAlI Signatures Affixed rgjAll Dates Filled In rgjAll Other Blanks Filled In rgjAll Exhibits Attached OAlI Legal Descriptions Attached (if appropriate) DNotice of AwardIProceed Attached (if appropriate) rgjSpecial Instructions for Finance Department: No Impact to Finance (no revenue or expenditures) rgjSent to Clerk and Recorder for Scanning/Archiving rgjAuthorized Staff Person's Name: Jodi Smith, County Project Manager BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. \ Pitkin County Public Works 76 Service Center Road. Aspen. Colorado 81611 LEASE AGREEMENT BETWEEN (970)920-5390 fax 920-5374 THE COUNTY OF PIKTIN, STATE OF COLORADO AND ALPINE LEGAL SERVICES This lease agreement, hereinafter the "Lease", is made and entered into on the 1st day of May, 2006, by and between the County of Pitkin, State of Colorado as "Lessor" and Alpine Legal Services as "Lessee". Whereas, Lessee offers to lease from Lessor the premises situated in the Pitkin County Courthouse, one office space located next to the probation office which is designated within the Probation office area on t)1e main level of the building, consisting of approximately 180 sq feet for 2006 and the years thereafter, hereinafter the "Premises," upon the following TERMS AND CONDITIONS: 1) Term, Rent and Renewal A2reement: The CountylLessor hereby leases the office area located within the probation office on the mail level, totaling 180 square feet, for calendar year 2006. This lease and may be revoked if there is a need to the space for permanent offices or other use. 2) Use: Lessee shall use and occupy the premises under the following conditions for approval: a) Probation and UPS must approve of the use by Alpine Legal Services. b) The office will be used only on Tuesdays and Wednesdays from 12-3pm unless otherwise ~ approved by the County. The premises shall be used for no other purpose or other times. c) This is a temporary approval and may be revoked if there is a need to the space for permanent offices or other use. d) This space will not be used solely to Alpine Legal Services; therefore, the space shall be free of storage or office equipment belonging to Alpine Legal Services. e) The Lessor may allow other uses of the office space as needed without prior approval or notification of Alpine Legal Services. f) Lessee may not install or upgrade Lessors facility in any manner without prior written approval, including but not limited to technology related equipment, window coverings lighting, and heating/cooling. g) Lessor represents that the premises may lawfully be used for such purposes. h) Parking of Lessee or Lessee's customers vehicles will not be permitted in the Law Enforcement parking area at any time. 3) Payment: The Lessor agrees to provide this space at no cost the Lessee due to limited, 4) Repairs: Lessee acknowledges that the premises are in good order and repair, unle otherwise indicted herein. Landlord shall keep the common areas, roof, exterior w -plumbing, electrical, heating, and other mechanical installations of the Buildi. .,' repair, provided that Lessee shall give Lessor prior written notice of repairs. If any repair is required by reason of Lessee' s negligenc~. Lessee's agents, employees, customers, or other persons using the Premises' Road & Bridge (970)920-5046 fax 920-5374 T ransporution (970)920-5206 fax 920-5374 Project Mgmt. (970) 920-5396 fax 920-5374 Translator (970) 920-5395 fax 920-5374 Land Mgml (970}920-5214 fax 920-5374 Bldg Facilities (970)920-5337 fax 920-60 I 5 Fleet (970)920-5393 fax 920-5764 Resource Recovery (970)923-3487 fax 923-2043 Env Hlth & Nat'l Res (970)920-5070 fax 920-5077 consent, then Lessor may make such repair and add the cost of the repair to the next rental installment thereafter due. Lessee shall keep the interior of the Premises in good orp:er making all repairs at Lessee's sole cost and expense and using materials and labor of a kind and quality equal to the original work. No credit of cost shall be made except upon written approval by Lessor prior to commencement of any work. Lessee shall return the Premises upon expiration of this Lease to the Lessor in substantially the same condition received, normal wear excepted. The Lessor shall provide regular office cleaning Monday - Thursday. 5) Ordinances and Statutes: Lessee shall comply with all statutes, ordinances and requirements of all municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee. 6) Entry and Inspection: Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable'times and upon reasonable notice, for the purpose of inspecting the same. 7) Lessor's Remedies on Default: If Lessee defaults in the performance of any of the covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within ten days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such ten days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than ten days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. , 8) Security Deposit: Lessee will not be required to pay a security deposit for the use of this space due to limited use. 9) 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, or the building or leased premises become damaged or untenantable for any reason during the term hereot~ the County/Lessor shall have the right to declare this lease terminated and require Alpine Legal Services to vacate the premises, whereupon the parties shall have no further obligations hereunder. 10) Attorney's Fees: In case suit should be brought for recovery of premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the reviling party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 2 ') II) Notices: Any notice which either party mayor is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address shown below, or at such other places as may be designated by the parties from time to time. a. To Lessor: Jodi Smith, Project Manager Pitkin County Public Works 76 Service Center Road Aspen, CO 81611 Fax: (970) 920-5374 b. To Lessee: Jonathan Shamis Alpine Legal Services 0405 Castle Creek Road, Suite 2 Aspen, CO 81611 Fax: (970) 920-5558 12) Heirs. Assi2ns. Successors: This lease is not assignable. 13) Utilities: Lessor shall supply heating and electricity to the leased premises at no additional charge. 14) Posta2e: Lessee will not have access to postage machine at the Courthouse. 15) Use of Photocopier: The CountylLessor shall not provide photocopying at the courthouse. 16) Indemnification. A. The Lessee (including, by definition here and hereinafter, its ot1icials, employees, agents and representatives, subcontractors and suppliers), 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 attorney 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 Lessee, and for any consequential liability alleged to accrue against the Lessor on account of the Lessee'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 Lessor or its employees. B. The Lessee further shall investigate, process, respond to, adjust, provide defense for and defend, payor settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even ifthe claim, demand or lawsuit is groundless, false;: or fraudulent. 18) Insurance: 3 ~ A. In whole or in part, the Lessee shall secure and maintain for the term of its contractual relationship with the Lessor such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the 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'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: Commercial General Liability - ISO 1998 Form or equivalent County named Additional Insured Each Occurrence Limit General Aggregate Limit Products/Completed Operations Aggregate Limit $1,000,000.00 $2,000,000.00 $2.000.000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): .1L- Premises/Operations Underground, Explosion & Collapse Hazard 2L. Products/Completed Operations 2L. Contractual Liability 2L. Independent Contractors and Subcontractors .1L- Broad Form Property Damage .1L- Personal Injury EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County Public Works c/o Jodi Smith, Project Manager 76 Service Center Road Aspen, Colorado 81611 B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance and upon request, the insurance policy, in a form acceptable to the Lessor, shall be filed with the Lessor (through the Lessor Representative) no later than ten (10) calendar days prior to commencement of operations affecting the Lessor. Failure to file or maintain acceptable Certificates ofInsurance with the Lessor is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates ofInsurance 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 Lessor (through the 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 ofInsurance, the Lessee shall file with the Lessor's Risk Department (and promptly update, as necessary) a certified statement as to claims 4 ~ 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 aU 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. (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 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 Lessor reserves the right to request and receive a copy of any policy and any policy endorseme:nt. 19) Alterations and Improvements: No alterations or improvements shall be made to the Premises without the prior written consent of Lessor. Any such alterations or improvements for which consent has been obtained shall be made at Lessee's sole cost unless such alteration or improvement is made to address a health or safety issue. Lessor must approve any credit of cost of alterations before work commences. All such alterations and improvements shall remain upon the Premises at the expiration or earlier termination of this Lease and shall become the property of the Lessor. 20) Covenant of Lessee: Lessee covenants and agrees that Lessee shall: a.) Comply with any state or federal statute or local ordinance or regulation applicable to Lessee or its use of the Premises; b.) Keep and maintain the Premises in a clean, orderly, and sanitary condition; c.) Conduct its business upon the Premises in a manner that is not harmful to the improvements or disturbing to other lessees or occupants of the Building; and, d.) Not commit or suffer to be committed any waste upon the Premises or any nuisance. 5 , 21) Si2Ds: Lessee shall not alter the exterior ofthe Premises and shall not install or affix any sign without obtaining the prior express written consent of Lessor and in complying in all respects with the standards set for such signs by Lessor. 22) Damae:e to Premises: If the Premises shall be damaged by.fire or other casualty but not rendered untenable, in whole, or in part, Lessor shall promptly, at its sole cost and expense cause such damage to he repaired and the rent shall not be abated. If, by reason of such occurrence, the Premises shall be untenable only in part, the Lessor shall promptly at its sole cost and expense, cause the damage to be repaired and the rent, during the period of repair shall be abated proportionately as to the proportion of the Premises rendered untenable. If the Premises shall be rendered wholly untenable by reason of such occurrence, Lessor shall promptly at its sole cost and expense, cause such damage to be repaired and the rent, during the period of repair, shall be abated in whole. If the Premises shall he rendered wholly untenable after the commencement of the last year of the term of this Lease, then Lessor may terminate this Lease by notice to Lessee in writing, within thirty (30) days of the event rendering the Premises wholly untenable. However, such termination shall not affect any rights theretofore accrued to Lessor under this Lease because of prior defaults of Lessee. 23) Encumbrance of Leasehold. Lessee shall not assign, create a security interest in, pledge, or otherwise encumber this Lease, in whole or in part or sublet in whole or in part any of the Premises, without the prior express written consent of Lessor. In the event of any such assignment, subletting or encumbrance, Lessee shall nevertheless remain liable for the performance of all the terms, conditions, and covenants of this Lease. 24) Termination: This Lease 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. 25) 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 Lease, 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 and shall become the property of the Lessor. 26) Entire A2reement: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof: Signed this 25th day of April 2006. 6 '\ The undersigned, for a valuable consideration, hereby guarantees to the Lessor the full and complete performance of all of the Lessee's obligations pursuant to the written Lease. PITKIN COUNTY, COLORADO, LESSOR By iv ~ ~ Jodi Smith, Project Manager Pitkin County Public Works ALPINE LEGAlt SERVICES, LESSEE \ <j-/2'/b'~ , Date M~ling Address: 0405 Castle Creek Road, Suite 2 Aspen, Colorado 81611 Attachment: Letter of Understandingfor Wireless Internet Dated April 18, 2006 7 ~ Pitkin County Public Works April 18, 2006 76 Service Center Road' Aspen. Colorado 81611 (970)920-5390 fax 920-5374 Letter of Understanding Between: Pitkin County Colorado (landlord); And: Alpine Legal Services (tenant): The tenant is a third party tenant in a County facility (Pitkin County Courthouse) that wishes to install a private wireless internet fixed access point independent of the landlord's network in that facility. The County grants the tenant the right to do this, under the following terms and conditions: Ownership ~ ' Wireless network and equipment is the responsibility and property of the tenant. . Any necessary telephone lines are the responsibility and property of the tenant. . Tenant is responsible for any necessary cable or power drops; these become the property, of the County upon installation; however maintenance remains the responsibility of the tenant for the duration of the service. InstallationlMaintenance . City/County IS will not support this system. Tenant should select an outside vendor and notify that vendor of this agreement. it . Tenant agrees to notify City/County IS Department (920-5013) of their selected service/support vendor, and of any changes in that relationship. . A protocol will be developed between tenant, vendor, IS, and Facilities management to ensure necessary access to facilities for installation and maintenance. . . Tenant agrees to notify and coordinate with City/County IS department (920-5013) on all matter of installation and maintenance of wireless systems & antennas, cabling, servers, server closets, telephone lines. . Tenant agrees to notify and coordinate with County Facilities Management (920-5763) on all matters impacting facilities, fixtures, or running lines or cables that requires drilling or mount System/Features . No fixed/fixture antenna: shelf/tabletop models only. . No public access. Secured password protected access only. . Resolution of service conflicts: The quality and reliability of the County's own network coriununications (including but not limited to public safety) take precedence over tenant' communications network. If tenant network is determined to be interfering with County, communications, the County may take any necessary immediate actions to remediate, including immediate disconnection of tenant network. The County will work wi restore service if reasonably possible. . The .ten~t should advise their i~stall~ti~n vend~r' to ~ake every neces~i,')"" servIce IS adequately blended WIth eXIstmg servIces, such as perfomditi~l Road & Bridge (970)920-5046 fax 920-5374 T ransporution (970)920-5206 fax 920-5374 Project Mgmt. (970) 920-5396 fax 920-5374 Translator (970) 920-5395 fax 920-5374 Land Mgmt. (970)920-5214 fax 920-5374 Bldg Facilities (970)920-5337 fax 920-60 I 5 Fleet (970)920-5393 fax 920-5764 Resource Recovery (970)923-3487 fax 923-2043 Env Hlth & Nat'l Res (970)920-5070 fax 920-5077 Letter of Understanding April 18, 2006 Page Two Other Terms . Aside from the service conflict resolution,clause above, the agreement to allow wireless service is severable at the County's discretion for any reason with 60 days notice. . If, at the discretion and request of the County, the wireless service is terminated, the County shall not be liable for any cancellation fees or any other expenses incurred by the tenant as a result of the termination and removal of services. . Tenant agrees to remove all devices and reasonably restore the physical area upon termination of tenancy or removal of the service. Date Sh~ine Legal Services \ D