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HomeMy WebLinkAboutC00-009 MOU Valley Pines• • Memorandum of Understanding. Nancy and Guy Alciatore, owners of Valley Pines and Eagle County Government and Northwest Colorado Council of Governments, Alpine Area Agency on Aging THIS AGREEMENT, is made and entered this ~~day , 2000, by and between Nancy and Guy Alciatore, owners of Valley Pines (Val y Pines), olorado corporation; the Board of County Commissioners of Eagle County, State of Colorado, a body corporate and politic (Eagle County); and the Northwest Colorado Council of Governments, Alpine Area Agency on Aging (NWCCOG). WITNESSETH: THAT, inconsideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE The purpose of this agreement is to clarify the working relationship of the parties in the conduct of programs for Senior Citizens through the Northwest Council of Governments Alpine Area Agency on Aging and the Senior Service Program of Eagle County Government. 2. Responsibilities of the parties A. Valley Pines Valley Pines agrees to make available an area of approximately 6700 square feet that includes a lounge, meeting rooms, a kitchen, a dining area, an exercise room, a commercial-type kitchen and an elevator for use as a Senior Center. These areas shall be made available without cost for organized programs for resident and non-resident Seniors (persons 60 years of age and older) sponsored. by NWCCOG and Eagle County a minimum of 20 percent of the available use time. Non-resident senior use shall mean use by seniors who do not reside within the Valley Pines complex and use by senior organizations and groups in the Roaring Fork Valley. Such senior use shall be permitted and scheduled during reasonable times of the day, evening, and weekends. Malley Pines will designate a contact person for the purpose of facilitating and scheduling non-resident use. Specifically, 1.) Space will be made available for the conduct of the NWCCOG Senior Nutrition Program and for the purpose of preparing, cooking and serving meals and socializing. 2.) Secured space will be made available wherein supplies may be stored for the exclusive use of the Senior Nutrition Program. Page 1 • • 3.) Utilities will be provided for the facility including water, sewer, electricity, heat and trash removal. 4.) Pest control service will be provided as needed. 5.) Use of dining area furnishings such as tables and chairs will be provided. 6.) Janitorial services including the removal of snow and ice from outside walkways will be provided, with the other parties jointly sharing 20% of the cost of cleaning for the kitchen and senior activity area and snow and ice removal at the main entry for the senior activity area. 7.) Telephone services for the kitchen/dining area will be provided, with the other parties jointly sharing 20% of the local service cost. 8.) An area where meal participants have the opportunity to make a confidential and voluntary donation for the meal will be provided. 9.) A storage area for Senior Program equipment and supplies that can be locked by the Eagle County Senior Program will be provided. 10.) General liability insurance in the amount of $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. B. Eagle County Government Eagle County Government through its Senior Program agrees to provide transportation for non-resident Seniors to the meal site up to three days per week and will sponsor and facilitate educational and health and wellness programs as outlined in its annual plan for Senior Programs. Specifically; 1.) A Senior Van and Van Driver will be provided by Eagle County directly or through the regional transportation program. 2.) A Senior Program staff person will be made available to collect and maintain data on the nutrition program required by NWCCOG; to schedule Senior programs with Valley Pines; and to facilitate educational and health & wellness programs under its Senior Programs. Input from Valley Pines and NWCCOG and Senior participants will be used in developing annual program plans. 3.) Supplement the wages of the Roaring Fork site cook at the rate of twenty percent of the base hourly salary. C. Northwest Colorado Council on Governments -Alpine Area Agency on Aging NWCCOG through its Alpine Area Agency on Aging agrees to provide luncheon nutrition services up to three days per week at the Valley Pines site. Page 2 • • Specifically; 1.) NWCCOG will be the employer of record for the Roaring Fork cook. The cook is subject to the job descriptions, personnel policies and State Volume X Regulations used by NWCCOG for all AAAA Senior Nutrition program cooks. 2.) NWCCOG will supervise the Roaring Fork cook, soliciting input from representatives of Valley Pines and Eagle County Government. 3.) NWCCOG will conduct an annual evaluation of the cook and will maintain all data required by the Older Americans Act nutrition program. NWCCOG will order food, maintain food inventories, engage in menu planning and assume other responsibilities required for the nutrition program. It is further understood by all parties that all food prepared at the Valley Pines Nutrition Site cook is to be consumed on the premises unless predesignated and packaged by the site cook for home delivery to Senior program participants. D. All parties All parties to this agreement will meet as necessary to facilitate communication, problem solving and coordinated planning for Senior Programs conducted at Valley Pines. 3. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: Valley Pines Nancy and Guy Alciatore 1400 East Valley Road Basalt, CO 81621 Eagle County Eagle County Health & Human Services P.O. Box 660 Eagle, CO 81631 Northwest Colorado Council on Governments Alpine Area Agency on Aging P.O. Box 2308 Silverthorne, CO 80498 4. MODIFICATIONS AND WAIVER The parties shall not assign any rights or duties under this Agreement to a third party without the written consent of the other parties. Page 3 • • 5. MISCELLANEOUS A. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, executors, administrators, successors and assigns: provided, however, that no party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. B. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. C. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. D. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. E. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). IN WITNESS THEREOF, the parties hereto have executed this Agreement o , ~~ 2000. The parties hereto have signed this Agreement in quadruplicate. BY: / mot.[=~ ~/ '' ~ .C ,,Cdr. Valley Pihes County of Eagle, State of Colorado, . - 1~ ; By and Through Its BOARD of COUNTY COMMISSIONERS '~ ~ 4 TTEST: ,s'~ BY: v"' Clerk of a Board of Chairman County Commissioners Eagle County Board of Commissioners BY: Northwest Colorado Council of Governments Page 4 • • 5. MISCELLANEOUS A. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, executors, administrators, successors and assigns: provided, however, that no party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. B. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. C. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. D. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. E. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). IN WITNESS THEREOF, the parties hereto have executed this Agreement o , /~~ 2000. The parties hereto have signed this Agreement in quadruplicate. BY: Valley Pines ,~ ,--~~ EST: Clerk oft Board of County Commissioners County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS BY: Chairma Eagle County Board of Commissioners r~ BY: ,~r~;~ ~~~~r~~ e~~ Northwest Colorado Council of Governments Page 4