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HomeMy WebLinkAboutC18-028 Eagle County School District MOUMEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO AND EAGLE COUNTY SCHOOL DISTRICT RE -50J This Memorandum of Understanding (hereinafter "MOU") is entered into effective the 1 st day of January, 2018 by Eagle County, Colorado (hereinafter "County") and Eagle County School District RE -50J (hereinafter "ECSD"). PURPOSE The purpose of this MOU is to define the right and obligations of the parties for use by Eagle County's Department of Public Health of Room 105 and kitchen located at ECSD's Vail Ski and Snowboard Academy (hereinafter "VSSA"). RECITALS WHEREAS, ECSD is the owner of the facility known as VSSA. ("Facility"); and WHEREAS, County wants to provide the Eagle County senior community a permanent space for its Healthy Aging Program services; and WHEREAS, ECSD has represented that it will make the VSSA Room 105 and kitchen available to County as more fully set forth herein; and WHEREAS, County and ECSD intend by this MOLT to set forth the scope of rights and responsibilities of the County and ECSD in connection with the County's use of the VSSA Room 105 and kitchen space. UNDERSTANDING 1. RESPONSIBILITIES OF ECSD a. ECSD will provide VSSA Room 105 to the County from 8:44 a.m. to 2:00 p.m. every Wednesday and Friday, beginning January 1, 2018. b. ECSD will also provide VSSA Room 105 to County for various special events, as scheduled by Public Health during the year, provided proper notice by County as described in section 2. c. ECSD is responsible for all maintenance and repairs of VSSA Room 105 and kitchen. d. ECSD hereby affirms that it carries adequate property and general liability insurance for Facility. e. ECSD will provide to County the use of VSSA kitchen space for the County's Healthy Aging nutritional program from 1:44 p.m. to 2:00 p.m. every Wednesday and Friday, beginning January 1, 2018. f. ECSD will not charge County for its use of the VSSA Room 105 and kitchen as set forth herein. C18-028 2. RESPONSIBILITIES OF COUNTY a. County, through Public Health, shall notify ECSD and VSSA of its desire to use VSSA Room 105 and kitchen for special events at least seven (7) days prior to the date requested for such special event.. b. At the termination or expiration of this MOU, County shall return any keys to the classroom and kitchen to ECSD. c. County, through Public Health, will provide ECSD with background checks for all County Staff with keys to VSSA Facility, as well as any seniors who may be granted access to any keys. d. County shall be responsible for any snow or ice removal that presents a safety concern on Wednesdays, Fridays, or days of County special events. e. County shall maintain general liability insurance during the term of this MOU. f. County shall not make any cosmetic or structural changes to VSSA Facility without advance written permission and a separate written agreement with ECSD. g. County shall have no financial obligation to ECSD under this MOLL. 3. PRINCIPAL CONTACTS. The current principal contacts are set forth below. Written notice shall be provided to the other party if the principal contacts are changed. a. County i. Pat Nolan, Healthy Aging Program Coordinator ii. Carly Rietmann, Healthy Aging Supervisor b. ECSD i. Sandra Mutchler, Chief Operating Officer ii. Wade Hill, VSSA Principal 4. APPLICABLE LAW. This MOU shall be subject to the laws in 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 ECSD or County of any immunity at law, including immunity granted under the Colorado Governmental Immunities Act. 6. COMMENCEMENTIEXPIRATIONIRENEWAL. This MOU takes effect on January 1, 2018 and shall remain in effect until December 31, 2018. This term shall automatically renew on an annual basis and may be cancelled with a ninety (40) day written notice. 7. NO THIRDPARTY RIGHTS. This MOU does not and shall not be deemed to confer upon or grant to any third party any right to claire damages or to bring any lawsuit, action, or other proceedings against either ECSD or County because of any breach hereof of 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. 2 9. AUTHORITY. ECSD has represented to County and, likewise, County has represented to ECSD, that each possess 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 in this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. Dated and signed this -eday of January, 2018 by: Eagle County School District Board ofEd ation, President,/ P � � By: -77 Kate Cocchiarella Dated and signed this Eagle County, Colorado by its Manager 02/06/2018 B Lc);- By: Kelley Collier by: 3