No preview available
HomeMy WebLinkAboutC14-021 Eagle County School District RE-50J MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO and EAGLE COUNTY SCHOOL DISTRICT RE-50J This Memorandum of Understanding("MOU") is entered into effective the first day of January, 2014 by Eagle County, Colorado ("County")and Eagle County School District RE-50J ("ECSD"). PURPOSE The purpose of this MOU is to define the rights and obligations of the parties for use by the County's Department of Health and Human Services (HHS)of the home economics classroom and kitchen located at the ECSD's former Minturn Middle School campus. RECITALS WHEREAS,ECSD is the owner of the facility known as the former Minturn Middle School ("Facility"); and WHEREAS, ECSD has granted the Vail Ski and Snowboard Academy("VSSA")the right to use portions of the Facility; and WHEREAS, County wants to provide the Eagle County senior community a permanent space for its HHS Healthy Aging Program services; and WHEREAS, ECSD has represented that it will make the VSSA economics classroom space available to County as more fully set forth herein; and WHEREAS, each summer there is a gap in services for the Healthy Aging Nutrition Program. HHS wants to fill the summer gap in the Healthy Aging Nutrition Program by creating a Summer Meal Program; and WHEREAS, ECSD has represented that it will make the VSSA kitchen space available to County during the summer break or gap as more fully set forth herein; and WHEREAS, County and ECSD intend by this MOU to set forth the scope of the rights and responsibilities of County and ECSD in connection with the County's use of the VSSA classroom and kitchen space. 1 CI q- 024 UNDERSTANDING 1. RESPONSIBILITIES OF ECSD. a. ECSD will provide the VSSA home economics classroom to County for the HHS Healthy Aging Program from 9:00a.m through 5:OOp.m, every Wednesday and Friday, beginning on January 1, 2014 b. ECSD will also provide the VSSA home economics classroom to County for various special events scheduled by HHS during the year. c. ECSD is responsible for all maintenance and repairs of the VSSA home economics classroom and kitchen. d. ECSD hereby affirms that it carries adequate property and general liability insurance for the Facility. e. ECSD will provide to County the use of the VSSA kitchen space, including but not limited to, the freezer, refrigerator, cooking and dish washing area, for the County's HHS f. Healthy Aging nutrition program from 9:00a.m.-3:00p.m., every Wednesday and Friday, beginning June 1, 2014 and terminating on August 8, 2014. g. ECSD will not charge County for its use of the classroom and kitchen as set forth herein. 2. RESPONSIBILITIES OF COUNTY. a. County,through HHS, shall be responsible for advance notice to and coordination b. of special events with ECSD and VSSA. c. At the termination or expiration of this MOU, County shall return the keys to the classroom and the kitchen to ECSD. d. County,through HHS,will provide ECSD with background checks for all County Staff with keys to the Facility. e. County shall maintain general liability insurance during the term of this MOU. f. County shall not make any cosmetic or structural changes to the classroom or kitchen without advance written permission and a separate agreement in writing with ECSD. g. During the period from June 1, 2014 through August 8,2014, County,through the HHS Healthy Aging Program,will coordinate the Summer Meal Program, and supervise the use of the VSSA kitchen. h. County,through its HHS Healthy Aging Program,will provide cookware, dishware and raw food to support the Summer Meal Program. i. County acknowledges that the SOS Outreach program also uses the kitchen during the summer. As a result, County will coordinate with SOS Outreach to share the space to insure that both County and SOS Outreach are able to efficiently use the space for their respective programs. j. County will have no financial obligation to ECSD under this MOU. 2 3. PRINCIPAL CONTACTS. The principal contacts for this MOU are: County Jennifer Ludwig, Public Health Director Karen Koenemann,Healthy Communities Manager ECSD Geoff Grimmer, VSSA Principal 4. APPLICABLE LAW. This MOU shall be subject to the laws of the State of Colorado, and to the rules and regulations promulgated thereunder,whether now in force or hereafter enacted or promulgated; and nothing herein shall be construed as in any way affecting or waiving the jurisdiction, responsibility, or existing rights of any signatory party to this MOU. 5. IMMUNITY. Nothing contained herein shall be construed as a waiver by the County of any immunity at law including immunity granted under the Colorado Governmental Immunities Act. 6. COMMENCEMENT/EXPIRATION/RENEWAL. This MOU takes effect on January 1, 2014 and shall remain in effect until December 31, 2014. ECSD and County shall review the MOU for renewal on an annual basis. 7. NO THIRD PARTY RIGHTS. This MOU does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either ECSD or County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 8. MODIFICATIONS. No modification or waiver of this MOU or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. AUTHORITY. ECSD has represented to County and, likewise, County has represented to ECSD, that each possesses the legal ability to enter into this MOU. In the event that a court of competent jurisdiction determines that either of the Parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. Dated and signed this I 8 day of December, 2013 by: ECSD President BY: . ��( ..� Jean cQueeney I 3 Eagle County, Colorado by its County Manager By: / el Montag, County Manager 4