No preview available
HomeMy WebLinkAboutC19-337 Eagle County School District MOU - VSSA1 MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO and EAGLE COUNTY SCHOOL DISTRICT RE-50J This Memorandum of Understanding (“MOU”) is entered into effective the ______________, 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 Public Health of Room 105 and the 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, the 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 the County as more fully set forth herein; and WHEREAS, the County and ECSD intend by this MOU to set forth the scope of the rights and responsibilities of the County and ECSD in connection with the County’s use of the VSSA Room 105 and kitchen space. DocuSign Envelope ID: F1551D1F-2EF1-42DD-88F8-20015CFF67EF 10/4/2019 2 UNDERSTANDING 1. RESPONSIBILITIES OF ECSD. a. ECSD will provide the VSSA Room 105 to the County for the Healthy Aging Program from 8:00a.m to 2:00p.m, every Wednesday and Friday. b. ECSD will also provide the VSSA Room 105 to the County for various special events scheduled by Public Health during the year, provided the County gives proper notice, as described in section 2. c. ECSD is responsible for all maintenance and repairs of the VSSA Room 105 and kitchen, as well as floor and carpet cleaning of Room 105 two (2) times per year. d. ECSD hereby affirms that it carries adequate property and general liability insurance for the Facility. e. ECSD will provide to the County the use of the VSSA kitchen space for the County’s Healthy Aging nutritional program when the dishwasher is not in use by the school chef. j. ECSD will not charge the County for its use of Room 105 and kitchen as set forth herein. k. If ECSD uses Room 105, the room shall be left as it was found. If damage occurs to any County/Healthy Aging property, ECSD will repair or replace. 2. RESPONSIBILITIES OF EAGLE COUNTY. a. The County, through Public Health, shall notify VSSA of its desire to use Room 105 and the kitchen for special events at least seven (7) days prior to the date requested for such special event. At the termination or expiration of this MOU, the County shall: i. return the keys to the classroom and the kitchen to ECSD. ii. The County, through Public Health, will provide ECSD with background checks for all County staff with keys to VSSA facility, as well as any older adults who may be granted access to any keys. b. The County shall maintain general liability insurance during the term of this MOU. c. The County shall be responsible for any snow or ice removal that presents a safety concern on Wednesdays, Fridays or days of County special events. d. The 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. e. The County will have no financial obligation to ECSD under this MOU. 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. Eagle County i. Pat Nolan, Healthy Aging Coordinator ii. Carly Rietmann, Healthy Aging Supervisor DocuSign Envelope ID: F1551D1F-2EF1-42DD-88F8-20015CFF67EF 3 b. ECSD i. Sandra Mutchler, Chief Operating Officer ii. Wade Hill, 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 Immunity Act. 6. COMMENCEMENT/EXPIRATION/RENEWAL. This MOU takes effect on this ________________, and shall remain in effect for one year. ECSD and the County shall review the MOU for renewal on an annual basis and may renew upon written agreement of the parties. 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 the 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. 9. AUTHORITY. ECSD has represented to the County and, likewise, the 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 ________________, by: Eagle County School District Board of Education, President By: _________________________ Kate Cocchiarella DocuSign Envelope ID: F1551D1F-2EF1-42DD-88F8-20015CFF67EF 10/4/2019 4 Dated and signed this ______________________ by: Eagle County, Colorado by its Manager By: ___________________________ Jeff Shroll DocuSign Envelope ID: F1551D1F-2EF1-42DD-88F8-20015CFF67EF 10/4/2019