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Home My WebLink AboutC09-481 IGA PILT School District RE50JINTERGOVERNMENTAL AGREEMENT ADDITIONAL DISTRIBUTION OF 2009 US FOREST SERVICE PAYMENTS T IS INT RGOVERNMENTAL AGREEMENT ("IGA") is made this ~~ day of ~ , 2009 by and between the Board of County Commissioners of Eagle County, Colorado whose address is 500 Broadway, Eagle, Colorado, 81631 ("County") and School District RESOD, Colorado, whose address is Colorado, ("School"). RECITALS WHEREAS, this IGA is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, County receives annual funds from the United States Forest Service ("Payment"); and WHEREAS, County distributed 5% of the 2009 Payment to School Districts located in its boundaries pursuant to C.R.S. § 30-29-101 (2008); and WHEREAS, County receives annual funds from the United States Department of the Interior ("DOI") known as Payments in Lieu of Taxes ("PICT") near or around the middle of June; and WHEREAS, one of the determining factors in the formula used by DOI to calculate PICT is the amount of money distributed to the County's schools from the previous year's Payment and therefore, if more of the 2009 Payment is distributed to the School Districts there is potential that the County's 2010 PICT will be larger; and WHEREAS, this process or reimbursement, known as "backfilling," is dependent on the annual appropriation made by the United States Congress ("Congress"); and WHEREAS, barring amendment to the Emergency Economic Stabilization Act of 2008 (H.R. 1424[1101"]), PICT will be fully funded until 2012; and WHEREAS, County is willing to give School Districts RESOD and RE1 ("Districts") the remainder of the Payment available or essentially 90% of 2009 Payment; and WHEREAS, the amount distributed to each School District ("Distributed Payment") will be proportional to the number of pupils the School has in Eagle County used to determine the original distribution made to the School Districts in March 2009. WHEREAS, the School Districts have agreed to spend fifty percent (50%) of the Distributed Payment on a project or projects identified by the County. Such project(s) should benefit both the Schools and County. The School Districts may utilize the remaining fifty percent (50%) of the Distributed Payment as they deem appropriate in their sole discretion. WHEREAS, for the amount of Distributed Payments used by the School in its discretion and not completely backfilled by the 2010 PILT, School has agreed to match that amount and spend the matched amount on any project(s) at the County's discretion. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, County and School agree as follows: 1. Definitions 1.1 Backfill or Backfilled -The process where the annual PILT reimburses County's distribution of the Payment to the Districts located in the County's boundaries. 1.2 Combined Distributed Payment -The Combined Distributed Payment is the amount of all the Distributed Payments made by the County to the Districts, which is equivalent to approximately 90% of the Payment. This is necessary because the PILT will not account for separate Distributed Payments and will only Backfill the total amount distributed to the Districts. 1.3 Deficient Reimbursement - A Deficient Reimbursement exists in the event the Combined Distributed Payment is not fully backfilled by the 2010 PILT. 1.4 Full Reimbursement - When the Combined Distributed Payment is fully backfilled by the 2010 PILT. 1.5 Proportional Share of Students -The percentage of each School District's pupil enrollment used to calculate the initial distribution of the 2009 Payment in March 2009. 2. County's Responsibilities 2.1 County agrees to pay School's Distributed Payment within 20 days of the execution of this Agreement. 2.1.1 The amount of the School's Distributed Payment is its Proportional Share of Students (84.09%) X 90% of the Payment = $363,618.36 2.2 County shall notify School within ten (10) days of its receipt of the 2010 PILT funds ("Notice of Receipt") near or around late June or early July of 2010. 2.2.1 If County determines that the 2010 PILT has satisfactorily backfilled the Combined Distributed Payment made to Districts, County shall notify School 2 that County has been satisfied and there has been a Full Reimbursement ("Notice of Full Reimbursement"). 2.2.2 If County determines that the 2010 PILT has not satisfactorily backfilled the Combined Distributed Payment made to Districts, County shall within twenty (20) days of its receipt of the 2010 PILT funds provide a report indicating how the 2010 PILT was deficient in backfilling the Combined Distributed Payment made to the Districts and that there is a Deficient Reimbursement ("Notice of Deficient Reimbursement"). 2.3 In the event a Deficient Reimbursement occurs, County will: 2.3.1 Calculate the amount that School must match and spend at the discretion of the County. This amount shall not include any portion of the Combined Distributed Payment spent at the County's request per Article 3.1 hereunder. 2.3.1.1 The Amount or "School's Match" will be calculated as follows: (The Combined Distributed Payment -Amount previously spent at County's request -Amount actually backfilled by 2010 PILT) x Proportional Share of Students. 2.3.2 Coordinate with School to select a project(s) funded by the School's Match (hereinafter a project will be referred to as "Selected Project" or the plural "Selected Projects"). 2.3.3 When the School has completed or has made significant progress towards completing, to the satisfaction of the County, the Selected Project by September 30, 2010, County will send a "Notice of Full Satisfaction." 3. School's Responsibilities 3.1 School agrees that, upon receipt of its share of the Combined Distributed Payment, it shall spend fifty percent (50%) on a project or projects identified by the County. Said project(s) should benefit both the School and the County and all funding by the School for said projects will be done in a timely manner. 3.2 School agrees that in the event of a Deficient Payment, School will, at the direction of County, carry out to completion a Selected Project or Selected Projects, independently contracted by the School and funded to an amount equal to the School's Match pursuant to § 2.3 of this Agreement. 3.2.1 School will provide to a County Representative TBD the Selected Project's plans, timeline, budget, and progress reports. 3.2.2 School will allow County Representative TBD to inspect and monitor the progress of the Selected Project. 3 3.2.3 School will forward to the County Representative TBD all invoices or other accounting of expenditures for the Selected Project(s) in bi-weekly itemized reports showing the detailed expenditures for each project, even if there have been no expenditures for that project during the two week period ("Expenditure Report"). 3.2.4 County will review each Expenditure Report and return a signed copy certifying that all expenditures were necessary and proper for the Selected Project. In the event any expenditures are deemed as not necessary and not proper for the Selected Project, those expenditures will not contribute towards the School's Match. 3.2 School agrees to have completed or have made significant progress towards completing, to the satisfaction of the County, the Selected Project by September 30, 2010. 4. Term 4.1 This Agreement shall commence on the date and year first above written. 4.2 This Agreement will terminate when both of the following occur: 4.2.1 Pursuant to the terms of §§ 1.2 and 2.2 County has issued a Notice of Full Reimbursement; or 4.2.2 Pursuant to the terms of § 2.3 County has issued a Notice of Full Satisfaction. 5. Jurisdiction and Confidentiality 5.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 5.2 The School and County acknowledge that, during the term of this Agreement and in the course of the collaborating on fulfilling the School's Match, School and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County and School are < < subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 6. Notice 6.1 Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be address as follows: 6.1.1 County Representatives TBD shall be: 6.1.1.1 For Selected Project(s) involving Construction: Tom Johnson Public Works Director PO Box 850 Eagle, CO 81631 (970) 328 - 8882 For Selected Project(s) involving Classroom programs and Student Development: Rita Woods Deputy Director of Health and Human Services PO Box 660 Eagle, CO 81631 970-328-8817 6.1.2 With a copy to: Keith Montag County Manager PO Box 850 Eagle, CO 81631 7. Amendment 7.1 This Agreement may be modified by an written amendment that is signed by all parties 8. Miscellaneous 8.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 5 ~ ~` 8.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 8.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners ATTEST: By: _~ ~ ~p~j,w ~,.~ ~~ Sara J. Fisher, Chairman . o r Teak J. Simonton, Clerk to the ~A~o Board of County Commissioners SCHOOL ;~ ~ ~~ ~ ~ ~ By: Title: l'- ~-