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HomeMy WebLinkAboutC18-345 Eagle County School District1 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE COUNTY SCHOOL DISTRICT FOR FUNDING OF MENTAL HEALTH COUNSELORS FOR EAGLE COUNTY SCHOOLS THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is effective as of ____________________, between Eagle County, Colorado acting by and through its Board of County Commissioners (“County”) and the Eagle County School District RE-50J ("District") (collectively the "Parties"). RECITALS WHEREAS, this Agreement is entered into pursuant to C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, the County and the District desire to increase access to clinical mental health and substance abuse services for all students in the District through the provision of full-time school- based mental health counselors (the "Project"); and WHEREAS, the District has agreed to contract with a minimum of four full-time mental health counselors to provide clinical and mental health and substance abuse services to all students attending public or private schools in the District; and WHEREAS, the County desires to support this initiative by providing funding to the District for use in paying the direct costs associated with the hiring of such mental health counselors; and WHEREAS, in exchange for such funding the District has agreed to contract with the mental health counselors on the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, County and the District agree as follows: SECTION 1 Terms of Funding 1.1 The District agrees to contract with a minimum of four full-time mental health counselors ("Mental Health Counselors") to provide clinical and mental health and substance abuse services to all students attending public or private schools in the District in accordance with the terms, deliverables, and deadlines set forth on Exhibit A, attached hereto and incorporated herein. The Mental Health Counselors shall be onboarded for placement no later than December 1, 2018. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 11/27/2018 2 1.2 The County has agreed to provide funding to the District an amount not to exceed THREE HUNDRED TWENTY THOUSAND and no/100 Dollars ($320,000.00) ("Project Funds") for payment of direct costs associated with the District's hiring of the Mental Health Counselors. The Project Funds shall not be used for indirect costs or insurance costs and no more than 5.5% of the Project Funds may be used for the District's general operating expenses. An estimated annual operating budget for the Project is set forth at Exhibit A. 1.3 Funds will be disbursed to the District on a quarterly basis in four equal installments of EIGHTY THOUSAND and no/100 Dollars ($80,000.00). Upon execution of this Agreement, the District will submit an invoice to the County for $80,000 to cover the initial direct costs associated with the hiring and onboarding of the Mental Health Counselors. Thereafter, the District will submit invoices to the County at the end of each quarter for equal installments of $80,000 to cover direct costs associated with the services performed by the Mental Health Counselors for the prior quarter. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. 1.4 The County will disburse funds to the District within thirty (30) days of receipt of a proper and accurate invoice. All invoices must be emailed to phinvoices@eaglecounty.us to ensure proper payment. 1.5 The County will not withhold any taxes from funds disbursed to the District and the District agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 1.6 All funds disbursed under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to the County. The District shall provide the County with progress reports upon County’s request; or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit A. 1.7 The Parties acknowledge that the Mental Health Counselors will be contractors of the District and that the County is only responsible for disbursing payments to the District from funds appropriated and budgeted for this Project. The Parties acknowledge that the County is not responsible for and shall not be required to make any payments which may become due to the Mental Health Counselors pursuant to the terms of their respective agreements with the District. SECTION 2 Term 2.1 Subject to Section 4 hereof, this Agreement shall commence on the date and year first written above and shall continue for a twelve-month period. 2.2 This Agreement may be extended for three (3) additional one-year periods (each a "Renewal Period") on terms and conditions agreed to by the Parties. An amendment will be prepared for each Renewal Period to reflect the Parties agreement as to any funding for the Project and the terms of such funding. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 3 SECTION 3 Books and Records 3.1 The District agrees to maintain comprehensive, complete and accurate records and accounts of its use of the Project Funds under this Agreement for a period of three (3) years following expiration or termination. The County, and its authorized agents and representatives, shall have the right within such period to inspect such books, records and documents upon advance written notice. The District agrees to fully cooperate during such audit or inspections. SECTION 4 Termination 4.1 Either Party may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with ninety (90) calendar days’ prior written notice to the other. Upon termination of this Agreement, the District shall immediately provide County with all documents required by Exhibit A. In the event of such termination, the County shall disburse Project Funds for deliverables performed to the date of termination. SECTION 5 Appropriations 5.1 Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement after, nor shall any payments be made to the District in respect of any period after December 31 of any year, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, 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). 5.2 No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the County within the meaning of any constitutional or statutory debt limitation. SECTION 6 Independent Status 6.1 Nothing contained in this Agreement shall be deemed to create a relationship of employer- employee, master-servant, partnership, joint venture or any other relationship between the County and the District. Neither Party shall have the authority to bind the other. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 4 SECTION 7 Insurance 7.1 The District and the County shall respectively provide their own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The District and the County shall each name, subject to the approval of each respective party's insurance carriers, the other party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other party. SECTION 8 Governmental Immunity 8.1 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the District or to the County and their respective officials, employees, contractors, or agents, or any other person acting on behalf of the District or the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. SECTION 9 Disputes and Jurisdiction 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties agree to submit to the exclusive venue and jurisdiction of the 5th Judicial District in the County of Eagle, State of Colorado. SECTION 10 Notice 10.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile, ground shipping or U.S. Mail to the other party at the following addresses: County: Dana Erpelding Deputy Director, Eagle County Public Health 500 Broadway P.O. Box 850 Eagle, CO. 81631 Phone: (303) 917-8044 DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 5 With a copy to: County Attorney’s Office 500 Broadway PO Box 850 Eagle, CO 81631 Phone: (970) 328-8685 Fax: (970) 328-8699 District: Philip Qualman PO Box 740 Eagle, CO 81631 (970) 328-1927 philip.qualman@eagleschools.net With a copy to: Adele Reester, Esq. Lyons Gaddis PO Box 978 Longmont, CO 80501-0978 Phone: (303) 776-9900 Fax: (303) 776-9100 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in any official depository of the U.S. Postal Service. SECTION 11 Miscellaneous 11.1 This Agreement and the Colorado Law Addendum attached hereto constitute the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 11.2 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. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 6 11.3 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. 11.4 This Agreement may not be assigned by either party. 11.5 This Agreement may only be modified by a written amendment that is signed by all parties. 11.6 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 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: __________________________ Kathy Chandler-Henry, Chairman _________________________ Regina O’Brien, Clerk to the Board of County Commissioners EAGLE COUNTY SCHOOL DISTRICT RE-50J By:_______________________ Title:______________________ DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 Board of Education President 7 EXHIBIT A Terms of Funding, Deliverables and Deadlines Goal: Increase access to clinical mental health and substance abuse services for all students in the Eagle County School District through the provision of full time school-based mental health counselors. Objective: The Eagle County School District ("District") will contract with a minimum of four (4) full-time mental health counselors (individually or with an entity providing such services) to provide clinical mental health and substance abuse services to all students attending public or private schools in the school district in accordance with the terms, deliverables and deadlines set forth in this Agreement. Deliverables Deadlines 1. The District will conduct a competitive bid process for the selection of a minimum of four (4) school-based mental health counselors (individually or with an entity providing such services) to provide clinical and substance use services and support for youth attending any school in the district. Mental health counselors are not to be employees of the District. Mental health counselors are to be selected for placement in High Schools, Middle Schools and Elementary Schools based on skill and experience for each age group. The District will complete the competitive bid process and have mental health counselor services under contract no later than November 1, 2018. The District will contract with a minimum of four (4) mental health counselors (individually or with an entity providing such services) and will onboard the mental health counselors for placement in High Schools, Middle Schools and Elementary Schools no later than December 1, 2018. 2. a. Mental health counselors supported by this Agreement are to provide services to all public and private school students, teachers and administrators in the district, including: ● Eagle County School District ● St. Clare of Assisi ● Stone Creek Charter School ● Vail Christian Academy ● Vail Christian High School ● Vail Mountain School b. The District will ensure that the school-based mental health counselors are responsible for: i. Assessing and triaging each student who is self- The District will ensure that all contracts for mental health services include requirements and responsibilities for mental health counselors that are consistent with the deliverables in this scope of work. The District will share with ECPHE a copy of all signed contracts between the District and each mental health counselor (or entity providing such services) no later than November 1, 2018. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 8 identified or identified by parents, administration, teachers, counselors, or coaches as “at risk”. ii. Determining one of three levels of care post- assessment: a) One-time assessment and diffusing of crisis at hand b) Moderate crisis, but short-term, one or two follow ups c) High crisis and longer term therapy needed iii. Providing regular, solution focused therapy on the school campus if long term therapy is needed and/or referring the student to an outside provider for ongoing treatment. This includes diagnostic evaluation, individual, and family therapy and peer support services to children and families in need. iv. Providing coordination and follow up of services for continuity and closing gaps in the mental health system. v. Providing therapeutic support services approximately 90% of the time with the remaining 10% of time spent at offsite meetings or performing other obligations. vi. Proactively coordinate medical care to link patients to other providers in the mental health system as needed. This includes coding formal services for diagnosis and therapy in the student’s electronic medical record. vii. Meeting with students, teachers and administration to provide services and facilitate staff development as needed throughout the contract period, including the provision of services over the summer months with teachers, administration and the district’s youth population (5-18 years of age) as needed. 3. The provision of mental health services will be evaluated through the collection of electronic survey and data collection tools. All private and The District will ensure that all teachers, administrators and students in all private and public DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 9 public schools in the district are to participate in a quarterly survey to evaluate the quality of mental services provided. This includes an assessment of school personnel and administration regarding the status of their workload related to mental health intervention and improved mental health culture as well as student knowledge of school-based mental health services, how to access services, and their readiness to access. schools in the District are invited to participate in the electronic mental health services survey created by ECPHE during the months of December 2018, March 2019, June 2019, and September 2019. The District will forward the electronic invitation to the designated ECPHE point of contact during each survey period. ECPHE will provide survey results to the District for each participating school no later than one month after the close of each survey to enable the school district to compare survey results to their baseline data. 4. The District is to provide ECPHE with data four times during the school year using an electronic data collection tool provided by ECPHE to include the following: ● The number of contact hours for each counselor provided at each school in the district per month ● The number of students seen by mental health counselors at each school per month ● Wait times for each visit (time from referral from individual student, parent or school personnel to the time that the student is first seen by the counselor) ● Demographics for each visit including: ○ Age ○ Grade ○ Gender ○ New or repeat visit ○ If repeat visit, number of visits to date ○ Level of risk ○ Diagnosis, if applicable ○ Treatment recommended ○ Referral, if applicable ○ Outcome ● HIPAA compliant stories to outline The District will use the online data collection tool provided by ECPHE to submit the required data no later than December 15, 2018, February 15, 2019, April 15, 2019 and June 15, 2019. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 10 successes and lives impacted 5. The District is to develop a sustainability plan to independently fund mental health counselors as proposed county supported funding decreases over the next four years. The District is to provide an update to the ECPHE and the Mental Health Advisory Committee of actions taken to secure long-term funding for mental health counselors by the end of the contract period. The District will provide a written update on actions taken to secure long-term funding for mental health counselors to ECPHE no later than the end of this contract period. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 11 Eagle County School District Mental Health Services Annual Operating Budget Salaries and Wages (1 Clinician) Average Salary $ 60,000 Taxes and Benefits (26%) $15,600 Personnel Expense (1) X 4 clinicians $302,400 General Operating Expenses (2) $17,600 Total Direct Expenses $320,000 Net Billable Expenses $320,000 (1) Salaries and Wages include the following positions: 4.0 Clinicians (2) General Operating Expenses are estimated at 5.5% of Personnel Expenses and include client expenses, operating supplies, medical records system inclusion for data and outcome gathering, and other general operating expenses. DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 1 of 6 COLORADO LAW ADDENDUM THIS COLORADO LAW ADDENDUM (this “Addendum”) is entered into by the Eagle County School District RE-50J, a school district in the State of Colorado (the “District”), and the County of Eagle, State of Colorado, acting by and through its Board of County Commissioners (the “Contractor”), as of ___________________, 2018 (the District and the Contractor may be referred to herein individually as a “Party” or collectively as the “Parties”). This Addendum is attached to and incorporated in the Agreement Between Eagle County, Colorado and Eagle County School District For Funding of Mental Health Counselors For Eagle County Schools entered into by the Parties on ____________________, 2018 (the “Contract”). The Parties hereby agree to enter into this Addendum in order to ensure compliance with Colorado and federal law. Notwithstanding anything in the Contract to the contrary, the Parties agree as follows: 1. NON-APPROPRIATION/TABOR. The Parties understand and acknowledge that the District is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Addendum or the Contract. It is understood and agreed that this Addendum and the Contract do not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Addendum and the Contract to the contrary, any payment obligation of the District is expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding June 30. Financial obligations payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the District, as applicable, and other applicable law. Notwithstanding any other provision of this Addendum and the Contract concerning termination, upon the District’s failure to appropriate such funds, this Addendum and the Contract shall automatically terminate. 2. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the District. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the District and the District shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Contract. Contractor shall not have authorization, express or implied, to bind the District to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (i) provide and keep in full force and effect at all times workers' compensation and unemployment compensation insurance in the DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 2 of 6 amounts required by law, (ii) provide written proof thereof when requested by the District, and (iii) be solely responsible for its acts and those of its employees and agents. 3. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 4. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Addendum and the Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other provision of this Addendum in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of the Contract, to the extent capable of execution. 5. BINDING ARBITRATION PROHIBITED. The District does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the Contract or incorporated herein by reference shall be null and void. 6. STUDENT DATA PRIVACY. §§22-16-101 et seq., C.R.S. Contractor agrees that any data given to it by the District in order to perform its obligations under the Contract (i.e., student personally identifiable information, demographic data, financial data, etc., collectively referred to herein as “Confidential Data”), whether provided through electronic transfer or on physical drives, remains the sole property of the District. Contractor shall maintain the Confidential Data in the strictest confidence consistent with, and shall comply with, the Colorado Student Transparency and Security Act (in particular § 22-16-108 through 110, C.R.S.), Children’s Online Privacy Protection Rule, and the Federal Education Rights and Privacy Act. Any discovery of Confidential Data by Contractor in the ordinary course of business shall remain confidential and shall similarly be maintained in a manner consistent with all Colorado and federal laws. Confidential Data shall not be passed, transported, or otherwise moved outside the District networks, Contractor’s secure data transmission site, or off District property without written approval from the District’s Chief Technology Officer. Confidential Data stored on District equipment shall not be duplicated or transferred to a different media without the District’s express written consent. Changes to Contractor’s practices, privacy policy, or end user license agreement that conflict with existing Colorado or federal laws and material breaches that involve the misuse or unauthorized release of Confidential Data may result in immediate termination of the Contract. a. Data Transparency: Contractor shall provide clear information that is understandable by a layperson explaining the data elements of the Confidential Data that Contractor collects, the learning purpose for which Contractor collects DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 3 of 6 it, and how Contractor uses and shares it. The information must include all Confidential Data that Contractor collects regardless of whether it is initially collected or ultimately held individually or in the aggregate. Contractor shall provide the information to the District in a format that is easily accessible through a website. Contractor shall update the information as necessary to maintain accuracy. Contractor shall provide clear notice to the District before making material changes to its privacy policy for school services. Contractor shall facilitate access to and correction of any factually inaccurate Confidential Data by the District in response to a request for correction that the District receives and responds to in accordance with section 22-16-112(1)(c), C.R.S. Upon discovering the misuse or unauthorized release of the Confidential Data held by Contractor, a subcontractor of Contractor, or a subsequent subcontractor, Contractor shall notify the District as soon as possible, regardless of whether the misuse or unauthorized release is a result of a material breach of the terms of the Contract. b. Use of Confidential Data. Contractor shall not: i. Sell the Confidential Data; except that this prohibition does not apply to the purchase, merger, or other type of acquisition of Contractor, or any assets of Contractor, by another entity, so long as the successor entity continues to be subject to the provisions of C.R.S. § 22-16-101 et seq. with respect to the Confidential Data that Contractor acquired while subject to the provisions of C.R.S. § 22-16-101 et seq.; ii. Use or share Confidential Data for purposes of targeted advertising to students; or iii. Use Confidential Data to create a personal profile of a student other than for supporting purposes authorized by the District or with the consent of the student or the student's parent. Notwithstanding any provision of C.R.S. § 22-16-101 et seq. to the contrary, Contractor may use or disclose Confidential Data to: i. Ensure legal or regulatory compliance or to take precautions against liability; ii. Respond to or participate in the judicial process; DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 4 of 6 iii. Protect the safety of users or others on Contractor’s website, online service, online application, or mobile application; or iv. Investigate a matter related to public safety. If Contractor uses or discloses Confidential Data as allowed above, Contractor shall notify the District as soon as possible after the use or disclosure of the information. Contractor may use or disclose Confidential Data to a subcontractor only if Contractor contractually requires the subcontractor to comply with C.R.S. § 22-16-101 and following. The provisions of this paragraph apply to the ability of an initial or subsequent subcontractor to further subcontract. If the District determines that an initial or subsequent subcontractor has committed a material breach of the Contract that involves the misuse or unauthorized release of Confidential Data, the District shall comply with the requirements of section 22-16-105(5) (a) or 22-16-107 (2) (a), as applicable; except that the District is not required to consider terminating the Contract if Contractor terminates the Contract with the subcontractor as soon as possible after Contractor knows or has reason to know of the initial or subsequent subcontractor's material breach. A student may consent to the use, sharing, or retention of the student's Confidential Data only if the student is at least eighteen years of age or legally emancipated. c. Confidential Data Security and Destruction. Contractor shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of the Confidential Data. The information security program must make use of appropriate administrative, technological, and physical safeguards. During the term of the Agreement between Contractor and the District, if the District requests destruction of a student's Confidential Data collected, generated, or inferred as a result of the Agreement, Contractor shall destroy the information as soon as practicable after the date of the request unless: i. Contractor obtains the consent of the student or the student's parent to retain the student's Confidential Data; or ii. The student has transferred to another public education entity and the receiving public education entity has requested that Contractor retain the student's Confidential Data. Following the termination or conclusion of the Contract between Contractor and the District, Contractor shall, within the time period specified in the Contract, destroy all Confidential Data collected, generated, or inferred as a result of the Contract. If the Contract does not specify a period for destruction of the Confidential Data, Contractor shall destroy the information when the information is no longer needed for the purpose of DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 5 of 6 the Agreement between Contractor and the District. Contractor shall notify the District of the date upon which all of the Confidential Data is destroyed. 7. VENUE. Venue shall be in the County of Eagle, State of Colorado. 8. CONFLICT OR INCONSISTENCY. In the event of a conflict or inconsistency between this Addendum and the Contract and any Exhibits or attachments, the provisions of this Addendum shall control. [Remainder of Page Intentionally Left Blank] DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 6 of 6 IN WITNESS WHEREOF, the Parties have executed this Addendum on the date first written above. DISTRICT: Eagle County School District RE-50J, a school district in the State of Colorado Signature: Name: Title: CONTRACTOR: County of Eagle, State of Colorado, by and through its Board of County Commissioners Signature: Name: Title: Attest: By: _________________________________ Regina O’Brien, Clerk to the Board DocuSign Envelope ID: D73626BA-E9F4-476B-AA50-AB5C042997D5 Board of Education President Kate Cocchiarella Kathy Chandler-Henry Chair