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HomeMy WebLinkAboutC24-315 Eagle County School District RE-50J 1 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 kitchen located at ECSD’s Vail Ski and Snowboard Academy campus, located at 1 Academy Loop, Minturn CO 81645 (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 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. UNDERSTANDING 1. RESPONSIBILITIES OF ECSD: a. ECSD will provide the VSSA room 105 to County for the Healthy Aging Program from 8:00 a.m to 2:00p.m, every Wednesday and Friday. b. ECSD will also provide the VSSA room 105 to County for various special events 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 the VSSA room 105 and kitchen and 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. Docusign Envelope ID: 3EF5217B-6E20-4DE9-AFB0-45B5FC223D73 7/24/2024 2 e. ECSD will provide to the County the use of the VSSA kitchen, specifically the commercial dishwasher, for the County’s Healthy Aging nutritional program when it is not in use by the school chef. f. ECSD will not charge County for its use of room 105 and kitchen as set forth herein. g. 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 COUNTY: a. County, through Public Health, shall notify VSSA of its desire to use room 105 and dishwasher 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, County shall return the keys to the classroom and the kitchen to ECSD. b. 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. c. County shall maintain general liability insurance during the term of this MOU. 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 not make any cosmetic or structural changes to the classroom without advance written permission and a separate agreement in writing with ECSD. f. 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. County i. Pat Nolan, Healthy Aging Coordinator ii. Carly Rietmann, Healthy Aging Manager 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 Immunities Act. Docusign Envelope ID: 3EF5217B-6E20-4DE9-AFB0-45B5FC223D73 3 6. COMMENCEMENT/EXPIRATION/RENEWAL. This MOU takes effect on the effective date and shall remain in effect for one year. 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. 9. 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 day, _______________ by: Eagle County School District Board of Education, President By:_________________________ Dan Reynolds Dated and signed this day,_________________ by: Eagle County, Colorado by its County Manager By: ___________________________ Jeff Shroll Docusign Envelope ID: 3EF5217B-6E20-4DE9-AFB0-45B5FC223D73 7/24/2024 7/24/2024