HomeMy WebLinkAboutC17-258 Walking Mountains Science Center MOUMEMORANDUM OF UNDERSTANDING BETWEEN WALKING MOUNTAINS SCIENCE CENTER AND EAGLE COUNTY, COLORADO I. Introduction This Memorandum of Understanding ("MOU") is entered into on 07/18/2017 by and between Walking Mountains Science Center, a Colorado non-profit corporation ("Walking Mountains"), and Eagle County, Colorado ("County") a body corporate and politic by and through its Board of County Commissioners. Walking Mountains and County shall jointly be referred to as the "Parties." II. Purpose A. The purpose of this MDU is to formalize a cooperative relationship between the Parties to implement infrastructure improvements in Edwards, Colorado. The Parties and other Eagle County organizations have teamed up to form the Eagle Valley Outdoor Movement program (the "EVOM") to fulfill these infrastructure improvements. B. The goal of the EVOM is to create interest in, understanding of, and appreciation for the natural environment by connecting underserved Edwards' youth and their families to the lifelong benefits of experiencing the outdoors. C. The EVOM and this MOU are dependent upon funding received from the Great Outdoors Colorado ("GOCO") Inspire Initiative and implementation will not begin until, at the earliest, January 2018. III. Background A. Walking Mountains, through cooperation with the County and other Eagle County organizations developed Exhibit A. It identifies planned capital improvements and youth and family programming activities if LOCO awards the Inspire Initiative Grant. B. The objective of this MDU is to establish a working relationship between the County and Walking Mountains to facilitate completion of the EVOM if Walking Mountains is successful in its grant application. C. The Parties are entering into this MDU with the understanding that the other Eagle County organizations, Youth Power 365, SOS Outreach, the Cycle Effect, Eagle County School District, Eagle River Watershed Counsel and Betty Ford Alpine Gardens (all other Eagle County organizations and Walking Mountains are referred to as the "EVOM Partners"), will work together to finalize the EVOM. 1 C17-258 D. The Board of County Commissioners will evaluate effectiveness and adherence to this MDU each year of the three year LOCO Inspire Initiative grant period in January 2018, 2019, and 2020. IV. finding A. Walking Mountains, in cooperation with the County, anticipates applying for a grant for the LOCO Inspire Initiative to complete the EVOM. The County will serve as the fiscal agent for the grant, should it be awarded. B. Any financial obligation of the County's beyond the current fiscal year is subject to funds being budgeted and appropriated. Notwithstanding anything to the contrary contained in this Agreement, no payment shall be made after December 31 of any year without prior approval of a budget adopted in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and Local Government Budget Law (C.R.S. 29-1-101 et. seq.). V. Roles and Responsibilities A. Walking Mountain's roles and responsibilities are as follows: i. Ensure all EVOM Partners participate in the EVOM program. ii. Handle negotiations with all contractors and subcontractors for improvements along the bike path on U.S. Highway 6; iii. Complete and submit all forms required to obtain necessary licenses and permits; iv. Distribute payment to all contractors and subcontractors dependent on LOCO Inspire Initiative funding; v. Manage construction for bike path improvements; vi. Manage construction of pedestrian crossing from bike path across U.S. Highway 6 to entrance of Eagle River Preserve; and vii. Organize community maintenance days on a quarterly basis for all site improvements, clean up, and necessary maintenance. B. The County's roles and responsibilities are as follows: i. Allow construction of the improvements in Lake Creek Village as indicated on Exhibit A. ii. Provide reasonable public access to Lake Creek Village improvements constructed pursuant to the EVOM. iii. Allow construction of the improvements to the Eagle Valley Trail along U.S. Highway 6 in Edwards, Colorado as indicated in Exhibit A. iv. Facilitate crossing permit application with the Colorado Department of Transportation for pedestrian crossing over U.S. Highway 6 from the Eagle Valley Trail to the entrance of the Eagle River Preserve. v. Allow construction of the additional bilingual signage to improve visitor experience in the Eagle River Reserve as indicated in Exhibit A. 2 vi. Assist with maintenance of grant funded amenities on County owned property. vii. Allow the EVOM Partners to use the Eagle River Preserve in order to increase the availability of community programing. VI. Contact Information A. The Parties designate the following representatives to ensure coordination during implementation of this MOU. The Parties may change their point of contact at any time by providing written notice to the other Party. Gina Van Hekken Walking Mountains Science Center Position: Grants Program Manager Address: 318 Walking Mountains Lane, Avon, Colorado 81624 Telephone: 970-827-9725 x134 E-mail: ginag@walkingmountains.org Adam Palmer Eagle County Government Position: Sustainable Communities Director Address: 500 Broadway, Eagle, Colorado 81631 Telephone: 970-328-8734 E-mail: Adam.PalmerL eaglecounty.us VII. Compliance with Applicable Laws and Regulations; Severability Clause This MOU is subject to all applicable federal, state and local laws, regulations and rules, whether now in force or hereafter enacted or promulgated. If any term or provision of this MOU is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting the terms of this MDU shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. VIII. Term, Amendment, and Termination A. Term of MDU: 1. This MOU becomes effective upon the date listed above in Section I. 2. The MOU will remain in effect from the execution date until January 21, 2421 unless terminated or cancelled prior to the expiration date. B. Amendments: 3 I. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of the Parties. 2. Any changes, modification, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by the Parties, and will be effective in accordance with the terms and conditions contained herein. C. Termination: 1. This MOU may be terminated prior to the expiration date upon 30 -day written notice and agreement by the Parties to terminate this MDU. IX. Signatures A. All signatories have the appropriate delegation of authority to sign this MOU. Attest: LE COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMM NFR ,7W,w� eso as..m.apa wm dillianH. 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