HomeMy WebLinkAboutC22-267 IGA_Eagle County School District1
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
____________ 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.
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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 work of the Prevention Coordinator positions for the 2022-2023 school year.
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, 2023.
2.2 This Agreement may be extended for up to three additional one year terms upon written
agreement of the parties. Any amendments or modifications shall be in writing signed by both
parties.
SECTION 3
Books and Records
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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
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
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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:
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
District:
Philip Qualman
PO Box 740
Eagle, CO 81631
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(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
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.
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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
By: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
EAGLE COUNTY SCHOOL
DISTRICT RE-50J
By:_______________________
Title:______________________
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Superintendent
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EXHIBIT A
Terms of Funding, Deliverables and Deadlines
Goal 1: By May 2023, increase universal prevention approaches addressing social emotional health
of students and staff.
Objective 1: 100% of schools within ECSD will implement district-approved social-emotional
(SEL) instruction across all K-12 grade levels. (tactic 2, tactic 3, tactic 5, tactic 6, tactic 7, and tactic
8)
Objective 2: Increase by 50% the amount of schools participating in RISE (Resilience in Schools
and Educators).
Objective 3: Assist individual schools with implementation of the school district wellness plan as
relevant to capacity, existing prevention efforts, and stakeholder relationships.
Goal 2: By May 2023, establish processes and protocols for supporting the Multi-Tiered Systems
of Support (MTSS) and District Wellness efforts with universal prevention efforts to ensure
integration and efficiency.
Objective 1: At the district level, map out collaboration efforts between MTSS, District Wellness,
Equity and Prevention Coordinators (District Coordinators) to ensure efficiencies and a
comprehensive approach to universal processes and protocols are clearly understood.
Objective 2: At the school level, Prevention Coordinators will work closely with the MTSS
Coordinator/Lead, the Student and Staff Wellness Coordinators, Nurses/Health Assistants,
School Counselors and Wellness focused positions to ensure that the processes and protocols are
efficient, comprehensive, clearly understood and are being implemented at all of the ECSD
schools.
Goal 3: By October, 2022 identify measures to evaluate progress on goals above including written
progress reports.
Objective 1: identify and implement equitable data collection, analysis, and communication
Objective 2: determine a communication plan for ongoing evaluation with Eagle County Public
Health and Environment
Objective 3: enter into data sharing agreement with Eagle County Public Health and
Environment for the purpose of monitoring the impact of different prevention strategies through
aggregate-level and school-level student and/or staff data.
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Eagle County School District Prevention Coordinators
Annual Operating Budget
Salaries and Wages (1
Coordinator) Average Salary $68,000
Taxes and Benefits (%) $27,200
Personnel Expense (1) X 2 Coordinators $190,400
General Operating Expenses
training and implementation costs
- assessment implementation and
consultation $59,600
Total Direct Expenses $59,600
Net Billable Expenses $250,000
(1) Salaries and Wages include the following positions:
2.0 Coordinators
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