HomeMy WebLinkAbout20230660.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR SATELLITE OFFICE SPACE FOR STATE
EMPLOYEES OF DIVISION OF VOCATIONAL REHABILITATION (DVR) AND
AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for Satellite Office
Space for State Employees of the Division of Vocational Rehabilitation (DVR) between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, and the Colorado Department of Labor and
Employment, commencing upon full execution of signatures, and ending June 30, 2026, with
further terms and conditions being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Rental Agreement for Satellite Office Space for State Employees
of the Division of Vocational Rehabilitation (DVR) between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Human Services, and the Colorado Department of Labor and Employment, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dienA) .Je:L;(1
Mik- eeman, Chair
Weld County Clerk to the Board
ounty Attorney
Date of signature: 03 /I4 /23
cc AS D
03/31/23
2023-0660
HR0095
CbMvack- Wit Q101
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: February 14, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Employment Services Satellite Office Space Rental
Agreement with the State of Colorado Division of
Vocational Rehabilitation (DVR)
Please review and indicate if you would like a work session prior to placing this item on the Board's
agenda.
Request Board Approval of the Department's Employment Services Satellite Office Space Rental
Agreement with the State of Colorado Division of Vocational Rehabilitation (DVR). The
Department is requesting to enter into a Lease Agreement with the State of Colorado to provide 120
square foot of satellite office space for State employees of the Division of Vocational Rehabilitation
(DVR). The benefits of leasing Employment Service's office space with mandated partners such as DVR
would be to improve collaboration and co -enrollments with clients. The Lease Agreement term would be
from March 1, 2023 to June 30, 2026 with the following rent paid to Weld County:
Term Dates
03/01/2023 -- 06/30/2023
Monthly Rent
$1,666.68
$5,000.00
$5,000.00
$5,000.00
07/01/2023 — 06/30/2024
07/01/2024 — 06/30/2025
07/01/2025 — 06/30/2026
The Lease Agreement has been reviewed and approved by Legal (K. McDougal).
I do not recommend a Work Session. I recommend approval of Lease Agreement and authorize the Chair to sign .
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session
Other/Comments:
Pass -Around Memorandum; February 14, 2023 - CMS ID 6707
Pagel
2023-0660
Cheryl Hoffman
From:
Sent:
To:
Subject:
Yes
Kevin Ross
Kevin Ross
Tuesday, February 14, 2023 12:48 PM
Cheryl Hoffman
Re: PA FOR ROUTING: ES DVR Satellite Office Space Rental (CMS TBD)
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Tuesday, February 14, 2023 2:32:19 PM
To: Kevin Ross <kross@weld.gov>
Subject: FW: PA FOR ROUTING: ES DVR Satellite Office Space Rental (CMS TBD)
Approve?
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Lesley Cobb <cobbxxlk@weldgov.com>
Sent: Tuesday, February 14, 2023 12:08 PM
To: Cheryl Hoffman <chaffman@weld.gov>
Cc: Karla Ford <kford@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Cheryl Pattelli <cpattelli@weld.gov>;
Chris D'Ovidio <cdovidio@weld.gov>; Esther Gesick <egesick@weld.gov>; Lennie Bottorff <bottorll@weldgov.com>; HS -
Contract Management <HS-ContractManagement@co.weld.co.us>
Subject: PA FOR ROUTING: ES DVR Satellite Office Space Rental (CMS TBD)
Good morning Cheryl,
Please see the attached PA approved for routing: ES DVR Satellite Office Space Rental (CMS TBD).
Thank you!
Lesley Cobb
Contract Management and Compliance Supervisor
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
Vii(970) 400-6512
(970) 353-5212
cobbxxlkgweldgov.com
i
CDLE Contract Routing # CT KAAA 2023*3579 CRN # 7921
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD - [GROSS LEASE]
LEASE AGREEMENT [IMPROVED REAL PROPERTY]
LANDLORD
TENANT
LOCATION
Weld County
Colorado Department of Labor and Employment
315 N. 11th Avenue, Building B Greeley, CO. 80631
Form — Improved Real Property Lease (Gross)
Rev. 08/2021
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
OFFICE OF THE STATE ARCHITECT
REAL ESTATE PROGRAMS
STANDARD LEASE AGREEMENT [IMPROVED REAL PROPERTY]
TABLE OF CONTENTS
ITEM PAGE
1. PREMISES, TERM, RENT
2. SERVICES
3. INTERRUPTION OF SERVICES
4. WORK REQUIREMENTS
5. LANDLORD'S REPRESENTATIONS
6. LANDLORD'S OWNERSHIP
7. LEASE ASSIGNMENT
8. EMINENT DOMAIN, TERMINATION OF LEASE
9. DAMAGE AND DESTRUCTION
10. HOLDING OVER
11. FISCAL FUNDING
12. FEDERAL FUNDING
13. NOTICE
14. CONSENT
15. TENANT'S TAX EXEMPT STATUS
16. TENANT LIABILITY EXPOSURE
17. SECURITY DEPOSIT
18. INSURANCE
19. CONVEYANCE OF THE PREMISES, ASSUMPTION OF LEASE,
ATTORNMENTAND NON -DISTURBANCE
20. COLLOCATION
21. INDEPENDENT CONTRACTOR
22. NO VIOLATION OF LAW
23. COLORADO SPECIAL PROVISIONS
24. BROKER REPRESENTATION
25. GENERAL PROVISIONS
26. ADDITIONAL RENT
27. ADDITIONAL PROVISIONS
28. SIGNATURES
EXHIBITS:
Exhibit A — Premises
Exhibit B — Notice of Assignment of Lease Form
Exhibit-G--eaant-Impr-ovements
Exhibit E - Federal Certification on Debarment and Suspension
Exhibit F - Federal Certification Regarding Lobbying
Form - Improved Real Property Lease (Gross)
Rev. 08/2021
1
2
3
3
4
4
4
4
5
5
5
5
5
6
6
6
7
7
7
8
8
8
8
9
9
11
11
13
COLE Contract Routing # CT KAAA 2023*3579 CRN # 7921
LEASE AGREEMENT
[Improved Real Property]
The printed portions of this form, except bold additions, have been reviewed
by the State Controller and/or the State of Colorado Attorney General and approved by the State Controller.
All additions to this form must be in bold type. All deletions must be shown by strike -through.
THIS LEASE AGREEMENT ("Lease") entered into by and between WELD COUNTY, a body politic
and corporate whose principal place of business is 1400 N. 17th Avenue, Greeley, CO 80631, hereinafter
referred to as "Landlord", and THE STATE OF COLORADO (the "State"), acting by and through the
Department of Labor and Employment, whose address is 633 17th Street, Suite 1200, Denver,
Colorado 80202, hereinafter referred to as "Tenant". Both Landlord and Tenant may be referred to
individually as a "Party", and shall collectively hereinafter be referred to as "Parties" to this Lease.
WITNESSETH:
WHEREAS, Landlord is willing to lease the Premises, defined herein, and Tenant desires to lease the
Premises pursuant to the terms of this Lease; and
WHEREAS, Authority to enter into this Lease exists in the Law, and funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment. Required approvals, clearance and coordination have been accomplished from and
with appropriate agencies.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto
agree as follows:
1. PREMISES, TERM, RENT.
(A) Landlord hereby leases and demises unto Tenant the Premises, hereinafter referred to as
"Premises" within the Employment Services of Weld County building located at 315 N 11 Ave B Greeley,
CO 80631, hereinafter referred to as "Building" (including land, improvements aid other rights
appurtenant thereto). The Premises, known and described as Office 2B-225, includes approximately One
Hundred and Twenty (120) rentable square feet; the Premises as attached hereto and incorporated by
reference herein as "Exhibit A".
(B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Tenant, for
the term beginning the later of March 1, 2023 or the date the Colorado State Controller approves the Lease
("Commencement Date"), and ending June 30, 2026, at and for a monthly rental (the "Monthly Rent") for
the full term as shown below:
120 sq. ft.
TERM DATES
NEGOTIATED
ANNUAL
RENT/
RSF
REAL ESTATE
PROPERTY
TAXES
RSF*
ADJUSTED MONTHLY
ANNUAL
RENT/
RSF* RENT*
TERM
RENT*
03/01/23 - 06/30/23
07/01/23 - 06/30/24
07/01/24 - 06/30/25
07/01/25 - 06/30/26
$41.67
$41.67
$41.67
$41.67
($0.00)
($0.00)
($0.00)
($0.00)
$41.67
$41.67
$41.67
$41.67
$416.67
$416.67
$416.67
$416.67
$1,666.68
$5,000.00
$5,000.00
$5,000.00
*Reduces Rent by the Estimated Property Tax known at the time of drafting this document.
1) §39-3-124 C.R.S., exempts real property leased by the State of Colorado from the levy and
collection of property taxes. Therefore, the Adjusted Annual Rent/RSF as shown above does not include
Form — Improved Real Property Lease (Gross) Page 1 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023'3579 CRN # 7921
the Taxes known at the time of drafting of $0.00/rsf or any tax based upon real property as defined and
required by Article 15; when the current year Taxes are known, the Monthly Rent payment shall be adjusted
accordingly.
Landlord's Tax Exemption: Landlord is a tax exempt entity within the State of Colorado. As such,
it is not subject to real property taxes and no such taxes are included in the rent to be paid by
Tenant under Section 1 of this Lease.
amount of $_, . pursuant to Exhibit C attached hereto and incorporated by reference herein. Such
3) The Premises are to be used and occupied as general office space. Payment of the
Monthly Rent shall be made on the first of each month during the term hereof, to Landlord at:
The Weld County Treasurer
1400 N. 17th Avenue
Greeley, CO 80631
Mailing address:
PO Box 458
Greeley, CO 80632
or at such place as Landlord from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in Article 11 Fiscal Funding, Article 12 Federal Funding, or Article 20
Collocation, herein.
4) If the term herein commences on a day other than the first day of a calendar month, then
Tenant shall pay to Landlord the rental for the number of days that exist prior to the first day of the
succeeding month and the first month of the Lease shall be the first full calendar month Tenant is in
occupancy of the Premises. All rent reconciliations, invoices and questions or concerns regarding
rent payments should be sent to: cdle lease encumbrancesastate.co.us.
2. SERVICES.
(A) Landlord Provided Services: Landlord shall provide to Tenant during the occupancy of
said Premises, as a part of the rental consideration, the following services comparable to those provided
by other office buildings of similar quality, size, age and location, in the Weld County submarket. The
services shall include but not necessarily be limited to the following:
1) Services to Premises.
(a) Heat, ventilation and cooling as required for the comfortable use and occupancy
of the Premises during normal business hours. Landlord shall at all times be responsible for providing heat,
ventilating and air conditioning (HVAC) services in quantities and distributions sufficient for Tenant's use of
the Premises, including rebalancing of the HVAC distribution system as necessary, and also including
service, repair and/or replacement (which replacement shall be considered a capital improvement) of
equipment, parts and accessories for the HVAC units and systems serving the Premises. Landlord shall
ensure that the HVAC capacity provided to service the Building is sufficient to maintain year round
temperatures within the 70°F -74°F range in the Premises;
(b) Landlord shall provide Building -standard janitorial services. Janitorial services
shall be provided a minimum of five (5) times per week, except legal holidays, and include all supplies and
materials. Interior and exterior window washing shall be completed a minimum of two (2) times per year.
Form - Improved Real Property Lease (Gross) Page 2 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
(c) Provide and pay for electric power as supplied by the local utility company.
(d) Replacement of Building standard lighting.
2) Building Service.
(a) Domestic running water and necessary supplies in washrooms sufficient for the
normal use thereof by occupants in the Building;
(b) Access to and egress from the Premises, including elevator service maintenance,
repair and replacement customary for buildings of similar age and quality, if included in the Building;
(c) Snow removal, sidewalk repair and maintenance, landscape maintenance, pest
control, and trash removal services;
(d) HVAC, lighting, electric power, domestic hot and cold running water and janitorial
service in those areas of the Building designated by Landlord for use by Tenant, in common with all tenants
and other persons in the Building during normal business hours, but under the exclusive control of Landlord;
(e) A general directory board on which Tenant shall be entitled to have its name
shown, provided that Landlord shall have exclusive control thereof and of the space thereon to be allocated
to each Tenant;
(f) Landlord shall at all times be responsible for paying real estate taxes and
assessments, including real property taxes, special improvement district taxes or fees or other special
district taxes or charges for which Tenant is not eligible for a tax exemption, subject to Article 15. Tenant
shall be responsible for all taxes and assessments on Tenant's personal property, if any.
3) Maintenance, Repair and Replacement.
(a) Landlord shall operate, maintain, repair and replace the systems, facilities and
equipment necessary for the proper operation of the Building and for provision of Landlord's services under
Article 2(A)1) and 2) above and shall maintain and repair the foundations, structure and roof of the Building
and repair damage to the Building which Landlord is obligated to insure against under this Lease.
4) Additional Services.
(a) Maintenance of parking lot and/or structure, maintenance of the external lighting
devices for the Building parking lot and/or structure. Maintenance, repair and replacement of Tenant
Improvements for damage caused by shifting of or leaking around the foundation or of any other structural
aspect or system of the Building.
(b) Maintain the Premises in good repair and in tenantable condition during the term
of this Lease. Landlord shall have the right to enter the Premises at reasonable times for the purpose of
making necessary inspections, repairs or maintenance.
(c) The "normal business hours" of operation of the Building shall be from 7:00 a.m.
to 6:00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturdays, excepting legal holidays,
which shall include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas. Landlord shall provide additional hours of operation for the Premises upon 24 hours prior notice
to Landlord from Tenant at no additional cost to Tenant.
(B) Tenant Provided Services: None.
Form — Improved Real Property Lease (Gross) Page 3 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
3. INTERRUPTION OF SERVICES. Notwithstanding anything in this Lease to the contrary, if there
is an interruption in essential services to the Premises (including, but not limited to HVAC, electrical service,
elevator service), and such interruption continues for a period of five (5) consecutive days, Tenant shall be
entitled to an abatement of rent for the period that such services are not provided to the extent that such
interruption interferes with the use of the Premises by Tenant. If such interruption continues for a period of
ninety (90) days, Tenant may cancel and terminate this Lease without penalty.
4. WORK REQUIREMENTS.
X Tenant shall take the Premises without Tenant Improvements unless otherwise specified herein;
❑ All tenant finish alterations in the Premises, now and hereafter undertaken, shall be designed and
constructed in accordance with the technical design specifications of the Uniform Federal Accessibility
Standards, latest edition. Prior to the Premises being occupied by Tenant, Landlord agrees to the tenant
improvements described in Exhibit D, attached hereto and made a part hereof.
5. LANDLORD'S REPRESENTATIONS.
(A) Landlord represents that either:
1) no "asbestos response action", pursuant to that portion of the Colorado Air Quality Control
Commission, Regulation 8 entitled Emission Standards for Asbestos, hereafter referred to as "Regulation
8", is contemplated as a part of the tenant finish for this Lease; or
2) in the event that an "asbestos response action" is contemplated as a part of the tenant
improvements for this Lease, Landlord agrees to fully cooperate with Tenant in Tenant's exercise of its
duties and responsibilities in accordance with Section V of Part B of Regulation 8.
(B) Landlord, in Landlord's sole opinion, represents that with respect to this Lease and the
Premises, the Building meets the requirements of the Americans with Disabilities Act.
(C) Landlord must meet all local codes and regulations with regard to fire and life safety during
the term of the State of Colorado's occupancy of the Premises as mandated by local authorities.
6. LANDLORD'S OWNERSHIP. Landlord warrants and represents itself to be the owner, or the
authorized representative or agent of the owner, of the Premises in the form and manner as stated herein.
During the term of this Lease Landlord covenants and agrees to warrant and defend Tenant in the quiet,
peaceable enjoyment and possession of the Premises. In the event of any dispute regarding Landlord's
ownership, upon request from and at no cost to Tenant, Landlord shall immediately, furnish proof thereof
by delivering to Tenant an "Ownership and Encumbrance Letter" issued by a properly qualified title
insurance company.
7. LEASE ASSIGNMENT. Tenant shall have the right to assign or sublease its interest under this
Lease or portion thereof to a State agency or a State institution of higher education. Such arrangement will
be memorialized in an amendment to this lease. Tenant shall not otherwise assign this Lease or sublet the
Premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said
Premises to anyone, other than Tenant, its agents or employees, without the prior written consent of
Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed.
8. EMINENT DOMAIN, TERMINATION OF LEASE. If the Premises are taken via eminent
domain, in whole or in part, then either Party may cancel and terminate this Lease and the current rent shall
Form - Improved Real Property Lease (Gross) Page 4 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
be properly apportioned to the date of such taking. In such event the entire damages which may be awarded
shall be apportioned between Landlord and Tenant, as their interests appear.
9. DAMAGE AND DESTRUCTION. If the Premises are rendered uninhabitable or unfit for Tenant's
purposes by fire, natural disaster, or other casualty, and the Premises cannot be repaired within a
reasonable amount of time as mutually and reasonably determined by both Parties, this Lease will
immediately terminate and no rent shall accrue from the date of such fire or casualty. If the Premises are
damaged by fire, natural disaster, or other casualty so that there is partial destruction of such Premises or
such damage as to render the Premises partially uninhabitable or partially unfit for Tenant's purposes,
Tenant may, within five (5) days of such occurrence, terminate this Lease by giving written notice to the
Landlord. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the
notice. Rent shall be apportioned to the effective date of termination.
10. HOLDING OVER. The Lease shall be extended on a month -to -month basis if Tenant fails to
vacate the Premises upon expiration or sooner termination of this Lease. The rent to be paid by Tenant
during such continued occupancy shall be the same being paid by Tenant as of the date of expiration or
sooner termination, subject to Article 15. Landlord and Tenant each hereby agree to give the other Party at
least thirty (30) days written notice prior to termination of any holdover tenancy.
11. FISCAL FUNDING.
(A) As set forth in State of Colorado Fiscal Rules and §23(B) below, this Lease is dependent
upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon
the next succeeding June 30, as financial obligations of the State of Colorado payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. While the act of appropriation is a legislative act, Tenant will take appropriate actions under the
laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation
of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required
hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease
shall terminate upon the exhaustion of such appropriation, with no penalty or additional cost to Tenant.
Tenant shall notify Landlord of such non -allocation of funds by sending written notice thereof to Landlord
forty-five (45) days prior to the effective date of termination.
(B) Tenant's obligation to pay rent hereunder constitutes a current expense of Tenant payable
exclusively from Tenant's funds and shall not in any way be construed to be a general obligation
indebtedness of the State of Colorado or any agency or department thereof within the meaning of any
provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory
limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant,
nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department
thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate
the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation
to, the payments due hereunder.
12. FEDERAL FUNDING. If any or all funds for payment of this Lease are provided by the Federal
Government, this Lease is subject to and contingent upon the continuing availability of Federal funds, and
if such funds are not made available, Tenant may unilaterally terminate this Lease at the end of any month
after providing ninety (90) days written advance termination notice to Landlord.
13. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the Party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
Landlord:
Weld County
Form — Improved Real Property Lease (Gross) Page 5 of 13
Rev. 01/2019
Tenant:
Colorado Department of
CDLE Contract Routing # CT KAAA 2023'3579
Lesley Cobb
Contract Management and Compliance
Supervisor
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
Phone:(970) 400-6512
Fax:(970) 353-5212
cobbxxlk(d).weldgov.com
CRN#7921
Labor and Employment
Attn: Procurement Director
633 17° Street, 11th Floor
Denver, CO 80202
With a copy to:
Division of Vocational Rehabilitation
720 N. Main Street
Pueblo, CO 81003
With a copy to:
Office of the State Architect
Real Estate Programs
1525 Sherman Street, Suite 112
Denver, CO 80203
Notice of change of address shall be treated as any other notice.
14. CONSENT. Unless otherwise specifically provided, whenever consent or approval of Landlord or
Tenant is required under the terms of this Lease, such consent or approval shall not be unreasonably
withheld or delayed and shall be deemed to have been given if no response is received within thirty (30)
days of the date the request was made. If either Party withholds any consent or approval, such Party shall,
after written request, deliver to the other Party a written statement giving the reasons therefore.
15. TENANT'S TAX EXEMPT STATUS. The Parties acknowledge § 39-3-124(1)(b) C.R.S.,
effective January 1, 2009, exempts the Premises from levy and collection of property tax including
Assessed Tax, Special Assessment Tax, Maintenance District, Local Improvement Assessment, Fees and
Interest (collectively "Taxes") while leased by Tenant for State purposes and that Landlord shall not receive
a levy for property taxes from the County Assessor on the Premises occupied by Tenant during the term of
the Lease and any extensions thereof. Tenant shall timely file a copy of the Lease, and any extensions or
amendments thereof, with the County Assessor. If the Lease terminates prior to the end date provided for
in Article 1(B), or any extension or amendments thereof (early termination), Tenant shall timely file notice
of the early termination date with the County Assessor.
Tenant's Monthly Rent obligation, per Article 1(B), shall be decreased by the amount of the reduction in
Taxes on a monthly prorated basis. So long as Landlord receives an abatement of Taxes from the County
Assessor, by reason of Tenant's operation as an agency or department of the State of Colorado:
(A) Tenant shall receive a credit against its Monthly Rent beginning with the Commencement
Date based upon the latest tax information known at the time the lease is prepared for execution. This credit
shall be reconciled upon the availability of the tax information for the relevant tax year; and
(B) Beginning with the availability of the tax information for the relevant tax year Tenant shall
receive an on -going credit against its Monthly Rent which shall be reconciled annually.
16. TENANT LIABILITY EXPOSURE. Notwithstanding any other provision of this Lease to the
contrary, no term or condition of this Lease shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, § 24-10-101, et seq. C.R.S. Liability for claims for injuries to
persons or property arising out of the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et
Form — Improved Real Property Lease (Gross) Page 6 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
seq., C.R.S. and § 24-30-1501, et seq., C.R.S. All provisions of this Lease are controlled, limited and
otherwise modified to limit any liability of Tenant in accordance with the foregoing cited statutes.
17. SECURITY DEPOSIT. Tenant shall not provide a security deposit to Landlord.
18. INSURANCE.
(A) Landlord Insurance. Landlord and Landlord's contractors shall carry and maintain the
following insurance coverage with respect to the Premises during the Lease term:
1) Commercial General Liability Insurance covering operations by, or on behalf of, Landlord
on an occurrence basis against claims for bodily injury, property damage and personal injury liability with
minimum limits of (a) $1,000,000 each occurrence; (b) $2,000,000 general aggregate; (c) $2,000,000
products and completed operations aggregate.
2) Property Insurance covering the Building, including the Premises, its equipment, and
Landlord's interest in improvements and betterments on an "All Risk" basis, including where appropriate
the perils of Flood and Earthquake. Coverage shall be written with a Replacement Cost valuation and
include an agreed value provision. The deductible amount shall not exceed $25,000 unless approved by
Tenant. The policy shall also include a rental income extension.
3) Workers' Compensation Coverage for employees of Landlord as required by law and
employer's liability insurance.
4) All policies shall be written with carriers approved to do business in the State of Colorado
with an A.M. Best Rating of at least A- VII and shall contain a Waiver of Subrogation on behalf of Tenant.
The above insurance policies shall include provisions preventing cancellation or non -renewal without at
least 30 days prior notice to Landlord and Landlord shall forward such notice to the State within seven days
of Landlord's receipt of such notice. Landlord shall provide Tenant certificates of Insurance confirming
renewal of the coverage at least fifteen (15) days prior to expiration.
(B) Tenant Insurance. Tenant shall provide insurance on its inventory, equipment, and all
other personal property located on the Premises against loss resulting from fire or other casualty at Tenant's
sole cost. Tenant shall have the right to provide such insurance under a self-insurance program, or, at any
time during the term of this Lease, to provide such insurance through an insurance company. With respect
to general liability, Tenant is self -insured in accordance with the provisions of the Colorado Governmental
Immunity Act set forth at § 24-10-101, et seq., C.R.S. and the Colorado Risk Management Act, § 24-30-
1501, et seq., C.R.S.
19. CONVEYANCE OF THE PREMISES, ASSUMPTION OF LEASE, ATTORNMENT AND
NON -DISTURBANCE.
(A) If Landlord assigns this Lease or if the Premises are sold, transferred or conveyed, (all
collectively called "Assignment"), within ten (10) days of the Assignment of the Lease, Landlord shall
provide Tenant notice thereof pursuant to Article 13 of this Lease in a form substantially in conformity with
that described in Exhibit B. Said notice shall include the name and address of the New Landlord (any
assignee of this Lease, or any purchaser of the Premises, or any other successor owner or assignee of
Landlord through foreclosure or deed in lieu of foreclosure [the "New Landlord")), the New Landlord's Social
Security or Federal Employer's Identification Number, and documentation evidencing the Lease
Assignment, whether it be an assignment and assumption of Lease, deed or other transfer.
(B) If Landlord fails to provide Tenant the notice of Assignment provided for in the preceding
paragraph (A) and Tenant receives written notice from a third -party claiming to be the New Landlord under
a transaction constituting an Assignment of Lease, and the New Landlord provides Tenant the evidence of
transfer specified in paragraph (A), Tenant shall provide Landlord written notice of the New Landlord's claim
Form - Improved Real Property Lease (Gross) Page 7 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023'3579 CRN # 7921
at the address provided for in Article 13. If Landlord does not contest the New Landlord's claim in writing to
Tenant within ten (10) days from the date of Tenant's written Notice to Landlord, Tenant may recognize the
New Landlord as Landlord under the Lease and shall thereafter pay the monthly rent and other obligations
under the Lease to the New Landlord and Landlord shall have waived any further rights under the Lease
and shall be barred from further rights thereunder, including, but not limited to, the right to receive rent. In
addition, any Tenant audit rights (see Article 26(C)4)) which resulted in a monetary obligation due the
Tenant shall then become the full responsibility of the New Landlord.
(C) The New Landlord's title, right and interest in the Premises, however acquired, shall be
subject to all Lease provisions, including, not limited to, the non -disturbance of Tenant's possession of the
Premises and Tenant shall recognize the New Landlord as Landlord under the Lease. Tenant's attornment
to the New Landlord shall not waive any rights of Tenant against the prior Landlord. All payments previously
made by Tenant to the prior Landlord and all other previous actions taken by Tenant under the Lease shall
be considered to have discharged those obligations of Tenant under the Lease. The New Landlord's
acceptance of the rent payment provided for in the Lease shall constitute the New Landlord's assumption
of the Lease and obligations of the Landlord's thereunder.
20. COLLOCATION. If the State builds, leases, or otherwise acquires a building for the purpose of
collocating in one area, State agencies, State institutions of higher education, or sections, divisions, or
functional groups within the State, or designates an existing State or political subdivision thereof real
property interest for such collocation of Tenant, this Lease may be terminated by Tenant by giving written
notice to Landlord not less than sixty (60) days prior to Tenant's intent to vacate and terminate the Lease.
Following the date of such termination stated in the written notice to Landlord, Tenant shall not be liable to
perform any of its obligations under this Lease, including, but not limited to rental payments, following the
date of such termination.
21. INDEPENDENT CONTRACTOR. 4 CCR §801-2. The Landlord shall perform its duties
hereunder as an independent contractor and not as an employee. Neither Landlord nor any agent or
employee of Landlord shall be or shall be deemed to be an agent or employee of the State. Landlord shall
pay when due all required employment taxes and income tax and local head tax on any monies paid by the
State pursuant to this Lease. Landlord acknowledges that Landlord and its employees are not entitled to
unemployment insurance benefits unless Landlord or third party provides such coverage and that the State
does not pay for or otherwise provide such coverage. Landlord shall not have authorization, express or
implied, to bind the State to any agreements, liability, or understanding except as expressly set forth herein.
Landlord shall provide and keep in force Workers' Compensation (and provide proof of such insurance
when requested by the State) and unemployment compensation insurance in the amounts required by law,
and shall be solely responsible for the acts of Landlord, its employees and agents.
22. NO VIOLATION OF LAW.
(A) § 18-8-301, et seq., C.R.S. and § 18-8-401, et seq., C.R.S. The signatories hereto
aver that they are familiar with § 18-8-301, et seq., C.R.S. (Bribery and Corrupt Influences) and § 18-8-401,
et seq., C.R.S. (Abuse of Public Office), and that no violation of such statutes has occurred under this
Lease.
(B) § 24-76.5-101, et seq., C.R.S. Landlord, if a natural person eighteen (18) years of age
or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise
lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of § 24-
76.5-101 et seq., C.R.S. and (c) has produced one form of identification required by § 24-76.5-103 C.R.S.
prior to the effective date of this Lease.
23. COLORADO SPECIAL PROVISIONS
(A) CONTROLLER'S APPROVAL. § 24-30-202 (1), C.R.S. This contract shall not be
valid until it has been approved by the Colorado State Controller or designee.
Form — Improved Real Property Lease (Gross) Page 8 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
(B) FUND AVAILABILITY. § 24-30-202 (5.5), C.R.S. Financial obligations of the State
payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
(C) CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Lease. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and
void. Any provision incorporated herein by reference which purports to negate this or any other Special
Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by
way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this contract, to the extent capable of execution. The Landlord
shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may
hereafter be established, including those dealing with discrimination and unfair employment practice, in
performing its obligations under the Lease.
(D) LANDLORD/VENDOR OFFSET. §§ 24-30-202 (1), C.R.S. and 24-30-202.4,
C.R.S. Subject to § 24-30-202.4 (3.5), C.R.S, the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in § 39-21-101,
et seq., C.R.S.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts
owing to the State as a result of final agency determination or judicial action.
(E) EMPLOYEE FINANCIAL INTEREST. § 24-18-201, C.R.S. and § 24-50-507,
C.R.S. The signatories aver that to their knowledge, no State employee has any personal or beneficial
interest whatsoever in the service or property described herein.
24. BROKER REPRESENTATION: Landlord and Tenant acknowledge that is acting
11\ :•
-
in consideration of acting as a Tenant Agent on behalf of the State of Colorado in thin
transaction, it will receive a leasing commission by separate agreement with
25. GENERAL PROVISIONS
(A) Binding Effect. All provisions herein contained, including the benefits and burdens, shall
extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns.
(B) Captions. The captions and headings in this Lease are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions.
(C) Construction Against Drafter. In the event of an ambiguity in this Lease the rule of Lease
construction that ambiguities shall be construed against the drafter shall not apply and the Parties hereto
shall be treated as equals and no Party shall be treated with favor or disfavor.
(D) Counterparts. This Lease may be executed in multiple identical original counterparts, all
of which shall constitute one agreement.
(E) Entire Understanding. This Lease represents the complete integration of all
understandings between the Parties and all prior representations and understandings, oral or written, are
merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any
force or effect whatsoever, unless embodied herein.
Form — Improved Real Property Lease (Gross) Page 9 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023*3579 CRN # 7921
(F) Jurisdiction and Venue. All suits or actions related to this Lease shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
(G) Modification.
1) By the Parties. Except as specifically provided in this Lease, modifications hereof shall not
be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and
approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State
Controller Policies, including, but not limited to, the policy entitled MODIFICATION OF LEASES - TOOLS
AND FORMS.
2) By Operation of Law. This Lease is subject to such modifications as may be required by
changes in Federal or Colorado State law, or their implementing regulations. Any such required modification
automatically shall be incorporated into and be part of this Lease on the effective date of such change, as
if fully set forth herein.
(H) Order of Precedence. The provisions of this Lease shall govern the relationship of the
State and Landlord. In the event of conflicts or inconsistencies between this Lease and its exhibits and
attachments, including, but not limited to, those provided by Landlord, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1) Colorado Special Provisions,
2) The remaining provisions of the main body of this Lease,
3) Exhibit A, Premises,
/1) Exhibit C, Commission Sharing,
5) Exhibit B. Notice of Assignment,
7) Exhibit E - Federal Certification on Debarment and Suspension,
8) Exhibit F - Federal Certification Regarding Lobbying.
(I) Severability. Provided this Lease can be executed and performance of the obligations of
the Parties accomplished within its intent, the provisions hereof are severable and any provision that is
declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision
hereof, provided that the Parties can continue to perform their obligations under this Lease in accordance
with its intent.
(J) Survival of Certain Lease Terms. Notwithstanding anything herein to the contrary,
provisions of this Lease requiring continued performance, compliance, or effect after termination hereof,
shall survive such termination and shall be enforceable by the State if Landlord fails to perform or comply
as required.
(K) Taxes Other than Real Property. The State is exempt from all federal excise taxes under
IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under §§
39-26-101 and 201, et seq., C.R.S. Such exemptions apply when materials are purchased or services are
rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver)
may require payment of sales or use taxes even though the product or service is provided to the State.
Landlord shall be solely liable for paying such taxes as the State is prohibited from paying or reimbursing
Landlord for such taxes.
(L) Third Party Beneficiaries. Enforcement of this Lease and all rights and obligations
hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this Lease are incidental to the Lease, and do not create any rights for such third parties.
Form - Improved Real Property Lease (Gross) Page 10 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
(M) Waiver. Waiver of any breach under a term, provision, or requirement of this Lease or any
right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed
as a waiver of any subsequent breach of such term, provision or requirement, or of any other term,
provision, or requirement.
(N) Extinguishment and Replacement. This Lease extinguishes and replaces any prior
leases between the Parties related to the Premises upon the Commencement Date hereof.
(O) Quiet Enjoyment. The State shall be entitled to quiet enjoyment of the Premises as long
as it is not in default under the provisions hereof.
(P) CORA Disclosure. To the extent not prohibited by federal law, this Lease and the
performance measures and standards under § 24-103.5-101, C.R.S. if any, are subject to public release
through the Colorado Open Records Act, § 24-72-101, et seq., C.R.S.
(Q) Indemnification. Landlord shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including costs,
expenses, and attorney fees and related costs, incurred by any of the Indemnified parties as a result of any
act or omission by Landlord, or its employees, agents, subcontractors, or assignees in connection with this
Lease. The provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any
of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S.
26. ADDITIONAL RENT. NONE
27. ADDITIONAL PROVISIONS.
(A) Cancellation by Tenant. Tenant may, when its interests require, cancel and terminate
this Lease on an annual basis and without penalty for Tenant's convenience, effective on any of the
term beginning dates set forth in article 1(B) above. Tenant shall provide Landlord Ninety (90) days
in advance written notice in accordance with article 13 of its intent to terminate the Lease hereunder.
Exercise of this right by Tenant in no way implies that Tenant has breached the Lease by exercise
of this Cancellation by Tenant clause. In the event of such termination, Tenant's obligation to pay
monthly rent will cease on the effective date of the termination.
(B) Federal Regulation on Debarment and Suspension. Landlord agrees to comply with
all applicable regulations pursuant to Executive Order 1259, including, Debarment and Suspension:
Participants Responsibilities, 29 C.F.R. 98.510 (1990), and further agrees to complete the required
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower
Tiered Covered Transaction," attached hereto, made a part hereof, and marked as "Exhibit E". A
signed, original completed Certificate shall be provided to Tenant.
(C) Federal Certification on Lobbying Activities. Landlord agrees to comply with all
applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions
on Lobbying, including Certification and Disclosure, 29 C.F.R. 93.110 (1990), and further agrees to
complete the required "Certification Regarding Lobbying," attached hereto, made a part hereof, and
marked as "Exhibit F". A signed, original completed Certificate shall be provided to Tenant.
(D) Pursuant to Colorado Governor's Executive Order D-2015-013
(http://greengov.state.co.us/eo), the State is committed to taking a leadership position in the areas
of energy and water efficiency, petroleum reduction, greenhouse gas emissions reduction, and
environmental preferable purchasing, that affect the health and wellbeing of Colorado
citizens. During the term of this Agreement, the State encourages the Contractor (or Landlord) and
its subcontractors to consider environmental factors in all business and purchasing decisions and
Form - Improved Real Property Lease (Gross) Page 11 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 2023"3579 CRN # 7921
to consider giving preference to products and services that have a lesser or reduced effect on
human health and the environment.
(E) Restoration of Premises. Upon the termination or expiration of this lease, Tenant
is not required to restore the Premises to original condition, unless Tenant removes a tenant
improvement or fixture. All tenant improvements left by Tenant upon the termination or expiration
of this lease shall become the property of Landlord. Any construction shall be done in accordance
with uniform Federal accessibility standards.
(F) Erroneous or Incorrect Payments. Incorrect payments to Landlord due to omission,
error, fraud, defalcation, or for any other reason, shall be recovered from Landlord by any of the
following methods: Landlord reimbursing Tenant; Tenant making a deduction from subsequent
payments under this lease; Tenant making a deduction from other contracts between Landlord and
Tenant; or, as Landlord's debt owed to Tenant, the payment of which shall be immediately due and
payable upon Tenant's written demand to Landlord.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Form — Improved Real Property Lease (Gross) Page 12 of 13
Rev. 01/2019
DocuSign Envelope ID: AC1303F4-17F2-4F3D-B517-9AAAF0105525
CDLE Contract Routing # CT KAAA 2023"3579
IN WITNESS WHEREOF, the Parties hereto have executed this Lease
LANDLORD
Weld County
DocuSigned by:
By: CM , Fvt,tw►aan,
""''' II 'e Freeman, Chair
Board of County Commissioners
3/16/2023
Date:
REAL ESTATE PROGRAMS
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF PERSONNEL & ADMINISTRATION
Officp_ofatattA0tect, For the Executive Director
11,44
By:
Date:
JG1..l 8JLFLUB4b2...
3/17/2023
OFFICE OF RISK MANAGEMENT
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF PERSONNEL & ADMINISTRATION
For the Executive Director
By: N/A
State Risk Manager
Date:
LEGAL REVIEW
DEPARTMENT OF LAW
Philip J. Weiser, Colorado Attorney General
ATTORNEY GENERAL (or authorized Delegate)
By: N/A
Date:
CRN # 7927
TENANT
STATE OF COLORADO
Jared S. Polls, Governor
The Department of Labor and Employment
Joe M. Barela, Executive Director
vocu�gnea oy:
By: )6e-5
Darcy, "nnnigdy, Deputy Executive Director/CFO
3/16/2023
Date:
ALL CONTRACTS MUST BE APPROVED BY THE
STATE CONTROLLER:
CRS 24-30-202 requires that the State Controller approve all
State contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed
it. The Landlord is not authorized to begin performance until
the contract is signed and dated below. If performance
begins prior to the date below, the State of Colorado may
not be obligated to pay for the good and/or services
provided.
STATE OF COLORADO
Jared S. Polis, Governor
STATE CONTROLLER'S OFFICE
Stat, Cg d(W authorized Delegate)
By. `-L3bAUhA2lJ4ff4lK...
Paulina Debora, Deputy Controller Delegate
3/21/2023
Date:
Form — Improved Real Property Lease (Gross) Page 13 of 13
Rev. 01/2019
CDLE Contract Routing # CT KAAA 20233579
EXHIBIT A
PREMISES
Form — Improved Real Property Lease (Base Year) Page A - 1
Rev. 01/2019
CRN # 7921
Pear__..
EXHIBIT B
NOTICE OF ASSIGNMENT OF LEASE
ASSUMPTION OF LEASE BY NEW LANDLORD
Date:
[Tenant]
[Tenant's Address for Notice
(See Art. 13 of Lease)]
, Tenant
Re: Lease for: , dated [Lease Address
(See Art. 1 of Lease]
, Landlord [Landlord]
Dear Tenant:
Pursuant to Article 13 of the above referenced Lease, Tenant is hereby notified that on
[date], the Lease was assigned to:
[Name/Address of New Landlord], the "New Landlord."
The New Landlord's W-9 is attached.
Evidence of the transaction constituting the Assignment of Lease is by [mark as is appropriate]:
Assignment and Assumption of Lease; _ Deed [Type of Deed]; _ Other [Specify}
; dated, which document is attached and made part hereof.
Tenant's rental obligations after (date) should be paid to the New Landlord at:
The signatory below affirms the information provided in this Notice is true and acknowledges the New
Landlord has assumed the obligations of Landlord under the Lease.
By:
LANDLORD
By:
NEW LANDLORD
Enclosures
Form - Improved Real Property Lease (Base Year) Page C - 1
Rev. 01/2019
EXHIBIT E
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transaction
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ ATTACHED INSTRUCTIONS
WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION)
CO
The prospective recipient of Federal assistance funds certifies, by submission of this proposal,
that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
LANDLORD:
Weld County
PROGRAM/TITLE:
State of Colorado, Department of Labor and
Employment, Lease Agreement
By: By:
Date: Date:
Page E- 1
Instructions for Certification
1. By signing and submitting this proposal, the prospective recipient of Federal
assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined that
the prospective recipient of Federal assistance funds knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
Department of Labor (DOL) may pursue available remedies, including suspension and/or
debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate
written notice to the person to which this proposal is submitted if at any time the
prospective recipient of Federal assistance funds learns that its certification was
erroneous when submitted or has become erroneous by reason of charged
circumstances.
4. The terms" covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," participant," "person," "primary covered transaction," principal,"
"proposal," and "voluntarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this
proposal that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds further agrees by
submitting this proposal that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may but
is not required to check the List of Parties Excluded from Procurement or
Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with person who is suspended, debarred, ineligible, or voluntary excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the DOL may pursue available remedies, including suspension
and/or debarment.
Page E- 2
EXHIBIT F
CERTIFICATION REGARDING LOBBYING
Certification For Contracts, Grants, Loans,
And Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all *subawards at all tiers (including subcontracts, subgrants and contracts under grants,
loans, and cooperative agreements) and that all *subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
LANDLORD:
Weld County
PROGRAMITITLE
State of Colorado, Department of Labor and
Employment, Lease Agreement
By: By:
Date: Date:
Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to
covered contract/grant transactions over $100,000 (per OMB).
Page F-1
Entity Name* Entity ID*
COLORADO DEPARTMENT OF LABOR & @00010497
EMPLOYMENT
New Entity?
Request
Contract Name
LEASE AGREEMENT (DEPARTMENT OF VOCATIONAL
REHABILITATION)
Contract Status
CTB REVIEW
Contract ID
6707
Contract Lead.
COBBXXLI<
Contract Lead Email
cobbxxlkOco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project al'
Contract Description'
LEASE AGREEMENT FOR SATELLITE OFFICE SPACE FOR THE DEPARTMENT OF VOCATIONAL REHABILITATION - OFFICE SPACE
LOCATED AT EMPLOYMENT SERVICES, 315 N 11TH AVE, BUILDING B, GREELEY. TERM: 311;23 TO 6/30/26. MONTHLY RENT
RATE OF $416.67, YEARLY REVIEW.
Contract Description 2
PA ROUTED TO CTB ON 2123/23.
Contract Type.
AGREEMENT
Amount.
$0.00
Renewable.
YES
Automatic Renewal
tt
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgov.co
Department Head Email
CM-HumanServices-
DeptHeadeldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY<@WELDG
OV.COM
Requested BOCC Agenda
Date.
03/08 2023
Due Date
03/04/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note. the Previous. Contract Number and Master Services Agreement Agreement Number should be left blankif those contracts are not in
OnRase
Contract Dates
Effective Date
Review Date*
12/29/2023
Renewal Date*
03/O1/2024
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
02/27/2023
Final Approval
BACC Approved
iOCC Signed Date
8OCC Agenda Date
03,08/2023
Originator
COBBXXLK
Contact Type
Committed Delivery Date
Contact Email
Finance Approver
CHERYL PATTELLI
Expiration Date
Contact Phone I
Purchasing Approved Date
Finance Approved Date
02/27/2023
Tyler Ref #
AG 030823
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
02/27/2023
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Windy Luna
Thursday, January 11, 2024 8:00 AM
CTB
HS -Contract Management
FW: COMMUNICATION: FAST TRACK ITEM: Satellite Office Space Lease/CDLE Division of Rehabilitation
2023-3579(7927)_DVR_Weld_Cty_Greeley_lease (e).pdf; _DVR Office Space Lease (e).pdf
Hello,
Please excuse my error. This is CMS# 7756 and not 7757.
Thank you, /2
Windy Luna
Contract Administrative Coordinator
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
(970) 400-6544
wluna@vveld.gov
10
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Windy Luna <wluna@weld.gov>
Sent: Thursday, January 11, 2024 7:57 AM
To: CTB <CTB@co.weld.co.us>
Cc: HS -Contract Management <HS-ContractManagement@co.weld.co.us>
Subject: COMMUNICATION: FAST TRACK ITEM: Satellite Office Space Lease/CDLE Division of Rehabilitation
Good morning CTB,
FAST TRACK ITEM
Attached please find the Colorado Department of Labor and Employment Division of Vocational Rehabilitation
Satellite Office Space Lease Agreement, (Tyler IDII 2023-0660) (CMS#6707), and Amendment tt1, (Tyler IDII
2023-2940), (CVSI/ 7398). This Agreement and Amendment #1 expire on June 30, 2026. This is reviewed on a
yearly basis until it expires. This Agreement and Amendment will be a Fast Track item in CMS for tracking
purposes only. This is CNS# 77567.
Thank you,
1
doa -.PGvD
ifie009?"
Windy Luna
Contract Administrative Coordinator
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg,A
PO Box A
Greeley, CO 80632
(970) 400-6544
wluna@weld.gov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it s addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
rim rat ir,nr thin
v t✓ / I151 %.4 1...11.1 116.1‘A LIv I I V O L) fV
taking of
named recipient is strictly prohibited.
7m,
artinn rnnrornino tho rnntontc of Chic rnmrni iniratinn nr arm attarhmc ntc by anynna nthcar than thA
, . , . o ..----. v . .. . . �. . _ , _.. . , _ . _ w. _ . _ _ . _.. _ . _..
2
Cheryl Hoffman
From
Sent
To
Subject
noreply@weldgov coin
Wednesday, January 10, 2024 346 PM
CM-ClerktoBoard, Windy Luna, Lesley Cobb, CM-HumanServices-DeptHead
Fast Tracked Contract ID (7756)
Contract # 7756 has been Fast Tracked to CM -Contract Maintenance
You will be notified in the future based on the Contract information below
Entity Name COLORADO DEPARTMENT OF LABOR & EMPLOYMENT Contract Name LEASE AGREEMENT (DEPARTMENT
OF VOCATIONAL REHABILITATION) Contract Amount $0 00 Contract ID 7756 Contract Lead WLUNA
Department HUMAN SERVICES
Review Date 4/30/2025
Renewable Contract YES
Renew Date 6/21/2025
Expiration Date
Tyler Ref # 20230660
Thank -you
Houstan Aragon
From:
Sent:
To:
Subject:
noreply@weldgov.com
Wednesday, July 16, 2025 10:56 AM
CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead
Fast Tracked Contract ID (9769)
Contract # 9769 has been Fast Tracked to CM -Contract Maintenance.
You will be notified in the future based on the Contract information below:
Entity Name: COLORADO DEPARTMENT OF LABOR & EMPLOYMENT Contract Name: COLORADO DEPARTMENT
OF VOCATIONAL REHABILITATION SATELLITE OFFICE SPACE LEASE AGREEMENT Contract Amount: $0.00
Contract ID: 9769 Contract Lead: WLUNA
Department: HUMAN SERVICES Con -kid -I G 7($
Review Date: 4/30/2026 l�
Renewable Contract: NO P31 TVO k-evieio6
Renew Date:
Expiration Date:6/30/2026
Tyler Ref #: 20230660
Thank -you
zc 3 --01-ac
-woo lS
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning CTB,
FAST TRACK ITEM:
Windy Luna
Wednesday, July 16, 2025 10:51 AM
CTB
HS -Contract Management
FAST TRACK ITEM: CDLE Division of Vocational Rehabilitation Satellite Office Space
Lease Agreement (CMS 9769) (Tyler ID# 2023-0660 & 2023-2940)
2O23-3579(7927)_DVR_Weld_Cty_Greeley_lease (e).pdf; _DVR Office Space Lease (e).pdf
Attached please find the Colorado Department of Labor and Employment Division of Vocational
Rehabilitation Satellite Office Space Lease Agreement, (Tyler ID# 2023-0660) (CMS#6707), and
Amendment #1, (Tyler ID# 2023-2940), (CMS# 7398). This Agreement and Amendment #1 expire on June
30, 2026. This is reviewed on a yearly basis until it expires. This Agreement and Amendment will be a
Fast Track item in CMS for tracking purposes only. This is CMS# 9769.
Thank you,
Windy Luna
AtgamA
Windy Luna
Administrative Contract Coordinator
Weld County Department of Human Services
Desk: 970-400-6544
315 N. 11th Ave., Greeley, CO 80631
0CI000
Join Ow Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
Hello