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Home My WebLink AboutC15-429 Eagle County School DistrictAGR]}DMDNT FOR DISTRIBUTION OF NATIONAL X'OIIEST PAYMBNT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE COUNTY SCHOOL DISTRICT RE sO.J ^l\ M THIS AGREEMENT ("IGA") is rnade this 'z: day of OClDbef , 2015 between Eagle County,, Colorado acting by and through its Board of County Cornmissioners, whose address is Post Office Box 850,500 Broadway, Eagle, Coloraclo,8l631 ("County") and Eagle County School District RE50-J, whose address is Post Office Box 740, 948 Charnbers Avenue, Eagle, Colorado 8163I ("School"). RECITALS WHEREAS, thisAgreernent is entered into pursuant to $$ 29-1-20tl,C.R.S. et seq., ancl Article XIV, Section 18 of the Colorado Constitutiorr; and WHtrREAS, the Payrnent in Lieu of Taxes Act established a system of payments to local govenurrents to compensate them for the loss of tax revenue due to the presence of non-taxable federal lands within theil jur'isclictions ("PILT"); and WHtrRDAS, the PILT is administered tluough the tJ.S. Depalhnent of the Interior ("DOI"); and WHERtrAS, a portion of the PiLT is comprised of a National Forest Payment; and WHDREAS, PILT and the National Forest Payments vary on an annual basis due to a number of factors contemplated by DOI when calculating the PILI; and WHEREAS, C,R.S, 30-29-101(2) requires the state treasurer to pay over "the national forest payments lvithin thirty days after receipt of the payrnents to the treasurcrs of the several counties of the state in which national forests ale located, on the basis of the acreage of national forest land located in each county and in accordance ra,ith infonrration provided by the appropriate agency of the federal govelnment as to source and amount"; and WHEREAS, C.R.S. 30-29-101(3) (a) provides in palt, that the County must allocate a mininrum' of twenty-five percent of the National Folest Payment to public schools in the County and nray allocate less than twenty-five percent of the National Forest Payment to county roacl ancl bridge in order to maximize the receipt by the County of PILT pursuant to 3 I U.S.C. 6901 et. seq.; and WHERAS, the U.S. Department of the Interior previously.issued conflicting opinions about whether payments by counties to school distlicts in excess of the state-mandated minimum would be deducted frorn PILT or included in PILT (such that the county is leimbursed the amounts paid to the Districts). DOI has clalified that paynrents by counties to individual school udty A.ttornev's Offlce/ Eagle County Commlssioners' Office C15-429 districts rvill not be deducted fiom the PILI, regardless of payments in excess of the state mandated nrinimum; aud WHERDAS, the Eagle County Treasurer leceived $598,373.64 in 2015 represettting the 2014 National Forest Payrnent and the County desires to clistlibute said funds arnong Eagle County RE 50-J, Roaring Folk RE-l and West Grand School District 1-JT (collectively the "Districts") as rnore fully set forth below; and WHEREAS, County will disburse 2014 National Forest Paymcnt to Districts; and WI.IEREAS, County arrticipates that it u'ill be reimbursed in 2016 by DOI (tluough a PIIjI" payrnent which includes but is not limited to the National Forest Payment) for the 2014 National Forest Payment (received by County irr 2015) distributed among the Districts; and WHEREAS, County is willing to give Districts rc}% of the National Forest Payrnent for 2014 understanding that the same will not be deducted from its PILT payment (i.e. shall be reimbursed); and i: I :' WHERtrAS, in accordance with C.R,S . 30-29-101(2Xc) lhe arnount of 2014 National Forest Payrnent distributed to the Districts rvill be calculatetl in proportion to each Districts pupil enrollment during the preceding schopl year compared to the aggregate pupil enrollment in all Districts in Eagle County during the preceding school year. AGREDMITNT NOW THEREFORE, irr consideration of the terms and covenarts stated herein, the sufficiency of lvhich is hereby acknowledged, County and School agtee as follows: SECTION T 2014 NATIONAL X'ORDST PAYMDNT L 1 County is holding $598,373,64 foL 2014 Forest Service Payrnent' 1.2 County agrees to pay to School $503,112.56 which amount represents School's share of the 2014 National Folest Paytnent. I .3 County anticipates full reimbursement of the 2014 National Forest Pa1'6"u, from DOI as palt of the PILT in 2016. 1.4 In the event that the County is not fully reimbursed in 2016 for the 2014 National Forest Payment then Section 3 hereof shall govern. SECTION 2 IDENTIFICATION OT PROJECTS 2.1 School agrees that upon receipt of its 2014 Forest Service Payment it shallspencl at least fifty percent (50%) of each Forest Service Payment on a project or projects to be iclentified by County which projects should mutually benefit School and County. The County shatl provide a list of projects by separate correspondence to School. 2.2Upon t'equest by County, School shall provide information on horv much it has spent on the project(s) identified by County, 2,3 County shall not be required to contribute funds or lesources to the project(s), SECTION 3 DEF'ICIENT REIMIIURSEMENT 3.1 Reimbursetnent of theNational Forest Payment to County occurs approxirnately tr,r'o years after the National Forest Payment is made by Corurty to Distlicts. Thns, the County anticipates reirnbursernent in 2016 for the 2014 National Forest Paynent. 3,2ln the event DOI fails (as palt of the PILT paynrent) to ftrlly reimburse County for the 2014 National Forest Payment rnade to Districts then County shall provide a notice to the Districts by December l, 2016. ("Deficient Reimbursement Notice"). 3.3 Upon leceipt of a Deficient Reirnbursement Notice the parties shall imrnecliately work together to identify horv the deficiency and shortfall to County shall be remedied which renredy may include, but not be limited to, identification of mr,rtually beneficial projects which the District shall support financially. In no event shall the District be responsible for contr.ibuting mote than 50% of the deficiency to mutually beneficial projects, SECTION 4 Term 4.I This Agreement shall comrnence on the date and yeal fir'st above written. 4.2 This Agreement will telminate upon full reimbursement to County of the 2014 National Foieit Payment. SECTION 5 Disputes and Jurisdietion 5.1 The parties shall participate in good faith negotiations to resolve any ancl all disputes, Should negotiatiorrs fail, the parties agree to submit to and participate in a third party facilitated mediation as a condition precedent to resolution by litigation, 5.21f a dispute arises lelating to the Agreement and sliould that dispute result in litigation, it is agreed that the substantially prevailing party (as detemrined by the court) shall be entitled to recovel all reasonable costs of litigation, including but not lirnited to, court costs, attolney's fees and other related expenses. 5,3 l'his Agreetuent shall be interpreted in accordance with the laws of the State of Colorado and the palties agree to subrnit to the exclusive venue and julisdiction of the 5rl' Judicial District in the County of Eagle, State of Colorado. SDCTION 6 Notice d.t Rny notice and all lvritten communications required uncler this Agreement shall be given in writing by personal deliverS facsirnile, ground shipping or U.S. Mail to the other par.ty at the following addresses: County: Jolm Lelvis Eagle County Finance Director' 500 Broadr,vay P.O. Box 850 Eagle, CO.81631 Phone: (970) 328-351 I Fax: (970) 328-3s19 With a copy to: County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 Phone: (970) 328-8685 Fax: (970) 328-8699 School: Chief Financial Officer 948 Chanrbers Avenue PO Box 740 Eagle, CO 8163l-0740 Plrone: (970) 343-2886 Fax: (970) 328-1024 Notices shall be deemed given on the date of delivery; on the clate the t'acsimile is tlansmittecl and confirmed received oq if trausrnitted after nornral business hours, on the next business ciay after transmission, provided that a paper copy is nrailed the same clate; or three clays after the date of deposit, first class postage prepaid, in any ofhcial depository of the U.S. Postal Service. SECTION 7 Miscellancous 7,1 This Agreernent constitutes the entire Agreemcnt betrveen the palties relatecl to its subject mattel. It supersedes all prior ploposals, agreements and understandings, either verbal or vrn'itten. 7.2 This Agt'eement does not and shall not be deenied to confer upon or graut to any third party any right enforceable at larv or equity alising out of any tenn, covenant, or condition herein or the breach hereof. 7.3 Invalidity or uneuforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be constnred as if such invalicl or unenforceable piovision was omitted ; 7.4 This Agreement may not be assigned by either party. 7.5 This Agreement may be modified by a written amendrnent that is signed by all palties. frest of page intentionally left blank| IN WITNESS WHEREOF, the parties hereto have executed this Agleernent the clay and year first above written, couNTY or EAGLD, STATE OF' COLORADO, By and Through Irs er-Flenry, Chainna3i )z rt.i Teak J. Simonton, Clerk to the Board of County Commissioners EAGLD COUNTY SCHOOL DISTRICT RDsO-J \a.s\\rJ-*A,t;-\--