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HomeMy WebLinkAboutC21-334 EC ECSD Prevent CoordDocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE COUNTY SCHOOL DISTRICT RE-50J FOR FUNDING OF PREVENTION COORDINATORS FOR EAGLE COUNTY SCHOOLS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is effective as of 10/1-y6T21 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 streamline coordination of prevention efforts and staff capacity available within Eagle County public schools to improve student health outcomes through the provision of full-time prevention coordinators (the "Project"); and WHEREAS, the District has agreed to contract with a minimum of two full-time prevention coordinators to provide strategic oversight for increased efficiency and reach of prevention efforts impacting students attending public 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 prevention coordinators; and WHEREAS, in exchange for such funding the District has agreed to contract with the prevention coordinators 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, the County and the District agree as follows: SECTION 1 Terms of Funding 1.1 The District agrees to contract with a minimum of two full-time prevention coordinators ("Prevention Coordinators") to provide strategic oversight for increased efficiency and reach of prevention efforts impacting students and schools in the District in accordance with the terms, deliverables, and deadlines set forth on Exhibit A, attached hereto and incorporated herein. The Prevention Coordinators shall be onboarded for placement no later than September 1, 2021. DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 1.2 The County has agreed to provide funding to the District in an amount not to exceed TWO HUNDRED FIFTY THOUSAND and no/100 Dollars ($250,000.00) ("Project Funds") for payment of direct costs associated with the District's hiring of the Prevention Coordinators. 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 in one lump sum. Upon execution of this Agreement, the District will submit an invoice to the County for $250,000 to cover all costs associated with the hiring, onboarding, and associated work of the Prevention Coordinator positions for the 2021-2022 school year. 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 District shall furnish progress reports as more specifically set forth in the attached Exhibit A. 1.7 The Parties acknowledge that the Prevention Coordinators 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 Prevention Coordinators pursuant to the terms of their respective agreements with the District. 1.8 The District acknowledges that this agreement is funded by a local sales and excise tax. Taxes may be variable and the tax generated may be less than what was budgeted. Should this occur, the County may be required to revise the scope of Services described in Exhibit A. The County will provide the District with 60 days notice under these circumstances. 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 through June 30th, 2022. 2.2 This Agreement may not be extended. 2 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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. 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 3 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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 5t' 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: Heath Harmon Director, Eagle County Public Health & Environment 551 Broadway P.O. Box 660 Eagle, CO. 81631 Phone: (970) 328-8818 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: 4 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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. 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 the 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 5 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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. Attest: ed by: By: DocuSign, Regina O'B ' ;UmItb°the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS DocuSigned by: By. Matt Sch ,Aeh1&1j8AA47A... EAGLE COUNTY SCHOOL DISTRICT RE-50J r-;;; igned by: By. C% . 81AA8275C17B459... Title: 6 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 EXHIBIT A Terms of Funding, Deliverables and Deadlines Goal: Streamline coordination of prevention efforts and staff capacity available within Eagle County public schools to improve student health outcomes for all students in the District. Objective: The Eagle County School District ("District") will contract with a minimum of two (2) full-time prevention coordinators to provide strategic oversight for increased efficiency and reach of prevention efforts impacting students in the school district in accordance with the terms, deliverables and deadlines set forth in this Agreement. Deliverables Deadlines 1. The District shall enter into a data sharing Sept 30, Dec 15, Feb 28, April 30, agreement with Eagle County Public Health and June 30 Environment (ECPHE) for the purpose of monitoring the impact of differing prevention strategies and programs through aggregate -level student and/or staff data. This data shall be provided by the Prevention Coordinators to the ECPHE contact through regularly scheduled update meetings. • Target schools in RISE work implementation (AES, GCMS, BCMS, RCHS) 2. The Prevention Coordinators will be involved in ongoing as scheduled the District's Wellness Advisory Committee meetings to further prevention coordination and integration efforts. 3. The Prevention Coordinators will share internal Sept 15, Dec 15, Feb 28, April 30, process evaluation with the ECPHE contacts June 30 through regularly scheduled update meetings to further identify opportunities for synergy, expansion, and reducing redundancies pertaining to whole -student supports. 4. The District shall commit to a discussion of the Dec. 1 Periscope Theory, LLC assessment findings and recommendations with the intent to determine a vision for systemic support of the whole student by the end of the 2021-2022 school year. DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 Eagle County School District Prevention Coordinators Annual Operating Budget Salaries and Wages Coordinator) Taxes and Benefits (%) Personnel Expense General Operating Expenses (1 Average Salary X 2 Coordinators training and implementation costs - assessment implementation and consultation $68,000 $27,200 $190,400$ $59,600 Total Direct Expenses $59,600 Net Billable Expenses $250,000 (1) Salaries and Wages include the following positions: 2.0 Coordinators 9 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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 Eagle County, Colorado (the "Contractor"), as of , 2021 (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 RE-50J for Funding of Prevention Coordinators for Eagle County Schools entered into by the Parties on 2021 (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 1 of 4 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. District or other public funds payable under the Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of the Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the District determines that Contractor is in violation of this provision, the District may exercise any and all remedies available at law, in equity, or under the Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 7. 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 Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). District hereby designates Contractor as a "school official" with "legitimate educational interests" in District's educational records, as those terms have been defined under FERPA and its implementing regulations, and Contractor agrees to abide by the FERPA limitations and requirements imposed upon school officials. Any discovery of Confidential Data by 2of4 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 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. 8. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Addendum and the Contract, the Parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within thirty (30) days after the earliest date on which one Party notifies the other Party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the Parties agree to attempt in good faith to settle such dispute or claim be mediation conducted by the Judicial Arbiter Group ("JAG") of Denver, Colorado or, if JAG is no longer in existence, or if the Parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within sixty (60) days following either Party's written request therefor. If such dispute or claim is not settled through mediation, then either Party may initiate a civil action in the District Court for Eagle County. 9. ATTORNEYS' FEES. For any dispute arising from or related to this Addendum or the Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs whether or not legal proceedings are instituted. 10. CONFLICT OR INCONSISTENCY. In the event of a conflict or inconsistency between this Addendum and the Agreement and any Exhibits or attachments, the provisions of this Agreement shall control. 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 igned by: Signature: F;;; 81AA8275C17B459... Name: Title: 3 of 4 DocuSign Envelope ID: A1A6090C-F9D9-4215-8671-2A7B3A075966 CONTRACTOR: Eagle County, Colorado Signature: Name: Title: 4of4