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Home My WebLink AboutC02-142 Roaring Fork School DistrictAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLOR.ADO AND ROARING FORK SCHOOL DISTRICT THIS AGREEMENT is made and entered into this day of , 2002, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic, hereinafter referred to as "County" and the Roaring Fork School District, hereinafter referred to as "District." WHEREAS, the Eagle County Early Head Start program ("EHS") is a program administered by the County and designed to provide group socialization for eligible families and their children; and WHEREAS, the District wishes to build a partnership with EHS; and WHEREAS, the District has space available at the Basalt Middle School and EHS wishes to use such space for its programs. AGREEMENT In consideration of the mutual promises, covenants and conditions contained herein, the parties agree as follows: 1. The District will provide the "shop" classroom (hereinafter "Space') in the Basalt Middle School for the use of EHS during the term of this Agreement. The District shall provide such space to County free of charge. The County and EHS program agree to pay utilities for the Space. 2. The term of this Agreement is from May 17, 2002 through May 30, 2003. Upon expiration of the initial term, this Agreement shall be automatically renewed for successive additional 1-year terms, unless written notice of non -renewal is given by either party at least 60 days prior to the expiration date. Any such renewal shall be subject to the terms and conditions set forth herein. 3. As consideration for this Agreement, County shall be responsible for all costs associated with renovating and furnishing the Space as necessary for EHS and its programs. 4. It is agreed and understood between the parties that County is utilizing federal funds ($49,800) for the renovation of the Space. As a result, it is agreed that County and the EHS program shall have priority to the Space for three years unless the District needs the space for District use. If the District requires occupation earlier than three years, Eagle County and the EHS program would receive an amortized amount to compensate for the remaining time. The parties agree that if this Agreement is renewed for successive one-year terms as set forth in paragraph 2 hereof, during such successive terms, either party shall have the right to terminate the Agreement, with or without cause, upon sixty (60) days notice to the other party. 5. District shall provide EHS, its agents and participants with access to the Space school weekdays and weekdays through the summer. 6. Prior to any renovation or remodel of such Space, County shall submit plans for approval tothe District. The parties agree that District shall not unreasonably withhold approval of such plans. 7. At the conclusion or upon earlier termination of this Agreement, all equipment, furnishings and fixtures supplied by County shall be removed and shall remain the sole and separate property of County. County shall turn the Space back over to the District at the end of the period in as good if not better condition than originally provided. 8. District agrees that by signing below it is in compliance with all Drug -Free workplace requirements. 9. County agrees that it will encourage EHS participants to feel comfortable in the Basalt Middle School building and that it will create a written policy to establish procedures for the safety and health of EHS participants and staff while in the Space. 14. County shall at all times be respectful of the learning environment required by District. 11. County shall be responsible for cleaning and maintenance of the Space. 12. County shall work to raise public awareness of the EHS program and to serve eligible families. 13. At all times during the term of this Agreement the County shall maintain workers' compensation insurance as required by statute for its' employees and comprehensive general liability insurance. 14. No agent, employee or volunteer of EHS or County shall be deemed to be an agent, employee or volunteer of District. Likewise, no agent, employee or volunteer of District shall be deemed to be an agent, employee or volunteer of EHS or County. 15. The parties agree that each shall indemnify the other, their officers, employees and agents from and against any claims, damages, losses or expenses which are the result of negligent acts or omissions of their respective officers, employees or agents in connection with this Agreement. 16. This contract shall be governed by the laws of the State of Colorado. Venue for any suit, right or cause of action arising hereunder shall be exclusive in the Eagle County courts. In the event that a dispute should arise relating to this agreement, it is agreed that the prevailing party shall be entitled to recover all its costs and expenses including, *but not limited to, attorney's fees. 17. Notice. Any notice required shall be given in writing via U.S. mail, postage prepaid as follows: Eagle County c/o Health and Human Services Post Office Box 660 Eagle, CO 81631 Basalt Middle School 51 School Street Basalt, CO 81621 18. 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 District in respect of any period after any July 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). Dated the day and year first written above. County of Eagle, State of Colorado by and through its BOARD OF COUNTY By: Vv' Michael L. Gallagher, A�71EST- t (C' ft►cLF �. C1 rk to the Board of County Commissioners ,� OCR Pp Roaring Fork School District DISTRIBUTION l.Coutrot Book 2. -._-_-_-�� 4. l Aououndug I 1.