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Home My WebLink Aboutbocc.con.089.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: ()'~q - eJOD-:J Originating DepartmenllDivision: ;Ie~ 'l' ilu..MlU'--~() (~ Contact Person: 2iu5A-N~Irl-ft:.- Phone #: 'f';lo .5"'1tR6 Project Name: ff.et4:/lr "'f ~~tJlf!e!;. ZJu.t!cfd.:!g A ease:; D BOCC AGENDA ITEM ~STAFF AUTHORIZED SIGNATURE (BOCC signa'ure required) (per Revised Procurement Code 7/2005) Check procurement type: fJNone DInformal DFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: /I /' Dollar Amount: ;; I 4 ::J~ DServices/Maintenance DLicense/Use ~ease DConstruction DGoods, Equipment, Supplies DOther (e,g, revenue) Contractor/Business Contract Execution 3 -lip ~O 1- Automatic Renewal ;8 Bndget Line ItemfLedger Number (, ~ OOSfj'O. W06D I. f!"', 0 o~o. ~s.;J, (p 0 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Complete Name: 'tffi3 R!6-1ffl)60R- Contract End Date: Ij../a 1107 Term of Contract: AWoftlA77/!.. 1(En;E/.IJAL-lv1Jt..E:.5 (! A-t<5E "Fof2- 7Clt.ml /IJ A-n!Jf\J All Contracts should be proofed for the following: ICJNo Pages Missing DIf a Page is Left Intentionany Blank -Note on Page ~Page numbered consecutively ~All Signatures Affixed ~An Dates Filled In fljAll Other Blanks Filled In DAll Exhibits Attached DAll Legal Descriptions Attached (if appropriate) DNotice of Award/Proceed Attached (if appropriate) DSpecial Instructions for Finance Department: ~Sent to Clerk and Recorder for Scarming/Archiving ~Authorized Staff Person's Name: $UsAN 23e7aJA-&- BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES 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, Amended 10_16_06 LEASE AGREEMENT BETWEEN THE RIGHT DOOR If -1. J. AND PITKIN COUNTY, COLORADO l 6ft TY'O.6I if 0 J'f - 01 OOj' This lease agreement is made and entered into on the 5th day of March, 2007, by and between The Right Door, hereinafter referred to as "Lessee/Agency", and the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor", Whereas, The Right Door desires to rent an office space in the Schultz Health and Human Services Building of approximately 1,225 sq, feet for 2007 and years thereafter. Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the months of March through December 2007 to The Right Door that area designated Suite I in the west wing of the first floor in the Schultz Building, Absent any termination for cause under paragraph 16 of this Agreement, this Agreement shall automatically renew for a twelve (l2)-month period and for similar, 12-month terms unless either party elects to terminate this Agreement by serving a written notice to terminate this Agreement on the other party no later than thirty (30) days prior to the expiration of the original term or anyone-year renewal term. 2) Earlv Occupancv during Construction: The west wing of the Schultz Health & Human Services Building will be under construction during the spring and early summer of2007 with remodeling, repainting and floor tile replacement. Normally we would wait until the construction is complete before we would offer occupancy, We are giving The Right Door early occupancy in recognition that there is an urgent for this space in order to serve your clients, In exchange for early occupancy, we expect that The Right Door will work with county staff in order to facilitate the remodel of the wing. Every effort will be made to provide good communication during the remodel process so that The Right Door can anticipate and plan for potential service delivery disruption, should it occur. 3) No Waste or Damage Covenant: During the period of this lease agreement The Right Door shan maintain this office in good shape and repair and return it to the County/Lessor in substantially the same condition received normal wear excepted. 4) Office Cleaning: We are currently working out a cleaning plan for the west wing and plan to have it in place by the time of the completion of the renovation, tile replacement and interior painting. In the interim, we will provide a modified cleaning plan that includes deep cleaning of carpets and windows when the entire building receives deep cleaning, weekday vacuuming and trash removal from the office areas and kitchen. The Right Door will be responsible for vacuuming the day room area, cleaning the dayroom bathrooms and shower, and emptying trash from the day room. 5) Payment: The rent for 2007 is $18,51/sq ft. per year for the space rented by The Right Door, totaling $22,675; however, the County/Lessor shan provide an in-kind rent contribution of $22,675 to The Right Door. 6) Governing Law: This lease agreement has been entered into in the State of Colorado, and the validity, interpretation and legal effect of this agreement shan be governed by the laws of the State of Colorado, I v 7) Remodels To Premises: No remodeling is to be done to premises without the written consent of the County/Lessor. This includes any alterations to the wans and ceilings to accommodate phone and data lines, cable service, electrical outlets and light fixtures, Remodels will be done at the LesseefAgency'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. 8) Painting: The County is scheduled to repaint the interior of the Health & Human Services Building in 2007, The County facilities staff win determine the color of an interior spaces, 9) Building Concerns and Complaints: All calls about the physical operation ofthe building should go directly to Jodi Smith, Facilities Manager at 920-5396, e-mail iodislalco.pitkin.co,us or can the crew at 920-5377 during the week (Monday through Friday), On Saturday and Sunday (or after hours on weekdays), all calls about facilities should go to the Communications Center at 920- 5310 and ask them to page BGM, 10) Non-Assignment: This lease agreement and the rights arising under it shan not be assigned or transferred by The Right Door. 11) Binding Effect: This lease agreement shan be binding upon the parties hereto, their respective heirs, successots and assigns. 12) Phones and data: The Right Door shall provide its own phone service and Internet connections, 13) Covenant of Non-Interference: The Right Door agrees to undertake its activities in the leased premises in a manner, which will not interfere with other tenants, and activities in the building. 14) Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no additional charge, 15) Use of Photocopier: The County/Lessor shall supply an operating photocopying machine and copying paper for the use oftenants at a cost of$,02 per copy, This will be billed quarterly, 16) Termination for Cause and Unsuitabilitv: 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 hereof, the County/Lessor shall have the right to declare this lease terminated and require The Right Door to vacate the premises, whereupon the parties shan have no further obligations hereunder. 13) Indemnification A. Lessee/Agency shan 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/Agency or any consequential liability alleged to accrue against the County/Lessor on account ofthe Lessee/Agency's, errors or omissions; provided, however, that such indemnity shan not be construed as an indemnity for bodily injury or property damage arising from the sole negligence ofthe County/Lessor or its employees. 2 ~ B. The Lessee/Agency further shan investigate, process, respond to, adjust, provide defense for and defend, payor settle an claims, demands, or lawsuits related hereto at its sole expense and shall bear an other costs and expenses related thereto, even ifthe claim, demand or lawsuit is groundless, false or fraudulent. 14) 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 i~ury or property damage, which may arise out of or result from the Lessee/Agency's acts, errors or omissions. The fonowing 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 General Aggregate Limit Products/Completed Operations Aggregate Limit $ I ,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 & Conapse Hazard Products/Completed Operations Contractual Liability Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury -1L- -1L- -1L- -1L- -1L- EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County Health & Human Services c/o Susan Berdahl 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 shan 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 Countv/Lessor is agreed to be a material breach of anv contract and grounds for rescission or termination, These Certificates of Insurance shan 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 Depattment), (For purposes ofthis provision, "materially altered" shan 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 3 L\ claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaiuing on policy limits, C, In addition, these Certificates of Insurance shall contain the fonowiug clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shan not apply to the County of Pitkin, (2) The insurance companies issuing the policy or policies hereunder shan have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy, (3) Any and an deductibles in the above-described insurance policies shan be assumed by and be for the amount of, and at the sole expense of the Lessee/Agency. (4) Location of operations shan be: "all operations and locations at which work for the referenced Project is being done," D, Certificates of Insurance for an 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. 15) Termination for Cause and Unsuitabilitv: In the event that the Lessee/Agency shan 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 hereof, the County/Lessor shall have the right to declare this lease terminated and require Aspen Vaney Medical Foundation to vacate the premises, whereupon the parties shan have no further obligations hereunder. 16) Removal of Pro pert v: It shan be the responsibility of The Right Door, 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 shan be conclusively deemed to be abandoned by The Right Door and shan become the property of the County/Lessor. 17) Attorney's Fees: In the event legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shan be entitled to its costs and reasonable attorney's fees. 18) Grant Award Contingency: The Right Door 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 Lease Agreement win terminate automaticany upon termiuation or cancenation ofthe Grant Award Agreement between Pitkin County and the Right Door, Termination ofthis Lease Agreement shall occur upon thirty (30) days written notice to the address set forth below. Upon termination of this Lease 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, 4 !J 19) Notice: Any written notice required by this Agreement shan be deemed delivered on the happening of any of the fonowing: (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, retum receipt requested addressed as fonows: a, To Pitkin County: Nancy Sundeen Director Pitkin County Community Relations 530 East Main Street Aspen, CO 81611 Fax: (970) 920-5198 b. To Lessee/Agency: Brad Osborn Executive Director The Right Door 405 Castle Creek Road, Suite I Aspen, CO 81611 Fax: (970) 920-7540 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as ofthe latest date written below. PITKIN COUNTY, COLORADO By_r0 JAG...... {\ 5'0'" J- 0 0 V\ Nancy N, Sundeen \ Director of Health & Human Services 3-1(.,-0 Cf-- Date The Right Door By: Brad Osborn ttJ D3-11.07 Date Executive Director The Right Door 405 Castle Creek Road, Suite I Aspen, CO 81611 5 ---- ~