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HomeMy WebLinkAboutC23-291 IGA Eagle County School District1 INTERGOVERNMENTAL 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, 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 schools in the District in accordance with the terms, deliverables, and deadlines set forth on Exhibit A, attached hereto and incorporated herein. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 8/29/2023 2 1.2 The County has agreed to provide funding to the District 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 2023-2024 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, 2024. 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. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 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. SECTION 7 Insurance DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 4 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: 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 DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 5 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. 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 DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 6 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 By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board EAGLE COUNTY SCHOOL DISTRICT RE-50J By: _______________________________ Name: _____________________________ Title: ______________________________ DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC Philip Qualman Superintendent 7 EXHIBIT A Terms of Funding, Deliverables and Deadlines Goal 1: Strengthen and align external prevention engagement efforts. Objective 1a: Strengthen and maintain structure for external engagement. Deliverables Deadlines 1. Attend monthly Behavioral Educators (BE) meetings Monthly attendance requirement with quarterly (School District calendar) narrative reporting to Eagle County Public Health & Environment staff. 2. Support decision-making regarding programming for BE partners (in school SEL programming/efforts) To be accomplished through attendance of collaborative groups/meetings (ex: BE Provider Meetings), via individual connections with partners, or other means necessary, with quarterly narrative reporting to Eagle County Public Health & Environment staff. 3. Monitor staff background checks and mandatory reporter training As needed per District mandated reporting requirements, with quarterly (School District calendar) narrative reporting to Eagle County Public Health & Environment staff. 4. Address SEL gaps and reduce duplication of resources Gap assessment to be provided to Eagle County Public Health & Environment staff no later than January 1st, 2024. 5. Support events that engage the community to enhance protective factors and risk management As needed with quarterly (School District calendar) narrative reporting to Eagle County Public Health & Environment staff. 6. Coordinate training to build skills for community agencies (classroom management) To be accomplished through attendance of collaborative groups/meetings (ex: BE Provider Meetings), via individual connections with DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 8 partners, or other means necessary, with quarterly (School District calendar) narrative reporting narrative reporting to Eagle County Public Health & Environment staff. Objective 2a: Establish, strengthen, and maintain connection to community agencies and ECSD parents. Deliverables Deadlines 1. Collaborate with community partners to enhance resources available to students during and after school hours with the goal of increasing protective factors for social and emotional wellbeing and academic success. These partners may include, but are not limited to: Your Hope Center, Eagle Valley Behavioral Health, Department of Human Services, My Future Pathways, YouthPower 365, Americorp, High Rockies Harm Reduction, Mountain Pride, and CU Boulder, among others To be accomplished through attendance of collaborative groups/meetings (ex: BE Provider Meetings), via individual connections with partners, or other means necessary, with quarterly (School District calendar) narrative reporting to Eagle County Public Health & Environment staff. 2. Coordinate safety fair for EVHS, BMHS, and RCHS to provide hands-on opportunities to increase education and awareness regarding community resources for overall positive health outcomes. As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. Goal 2: Prevention Education and Wellness Objective 1b: Continue RISE Programming to incorporate protective factors and risk management at the classroom and school level Deliverables Deadlines 1. Current RISE schools will receive additional cohorts and/or 2.0 all staff professional learning sessions in Trauma and Resilience, Intentional Environment, and Cultivating Wellbeing No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 9 2. Train new grant-funded Prevention Specialists- RISE Facilitators- to facilitate RISE content in two traditional high schools No later than Decmeber 31st, 2024 with narrative report of services to be included in second quarter report to Eagle County Public Health & Environment staff. 3. Coordinate SEL teams in the two traditional high schools to build infrastructure, to include RISE objectives, as well as to build out a road map for SEL in the schools. No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. Objective 2b: Support Social and Emotional Learning (SEL) enhancement and implementation across the district; Prevention Coordinators provide oversight and investigate SEL programming for Continuous Quality Improvement (CQI) opportunities, both internally and externally. Deliverables Deadlines 1. Work with elementary and middle schools to support SEL implementation (Second Step and 7 Mindsets); support high schools in implementing 7 Mindsets curriculum No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 2. Provide support for Prevention Specialist one in each high school (Hope Squad, YES, Wellness Committee, RISE, GSA, and 7 Mindsets) No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 3. Increase mental health resources through Your Hope Center grant. No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 4. Increase use of alternatives to suspension (3rd Millennium/Prime for Life/We Hear U- Active Parenting of Teens) Anti-Vaping, Alcohol, Drugs and Tobacco Prevention; collaborate with ECPHE on tobacco/nicotine efforts No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 5. Train new Prevention Specialists to support efforts in their respective schools No later than May 31st, 2024 with narrative report of services to DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 10 be included in end-of-school- year report to Eagle County Public Health & Environment staff. 6. Prevention Coordinator review and promote ECSD Policies for practice and provide feedback to District leadership regarding needed revisions; collaborate with ECPHE on tobacco/nicotine efforts No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 7. Prevention Coordinator review Colorado Health Standards, SEL training needs, SEL gaps on an ongoing basis No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. Goal 3: Infrastructure Improvement Objective 1c: Build a comprehensive system that works together to support school and student social and emotional wellness/culture. Deliverables Deadlines 1. Maintain current on State Health Standards for implementation of programming at the school level As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 2. Respond to district health standard needs As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 3. Support Policy changes focused on intervention rather than punitive measures As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 4. Continue to support Student policy revisions As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 11 5. Continue to collaborate with the Support Services team As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 6. Develop a long-term strategic plan for Prevention Coordinator roles in the District No later than December 31st, 2024 with narrative report of services to be included in second quarter report to Eagle County Public Health & Environment staff. Objective 2c: Identify Resources, Expertise and Provide Cross system data analysis Deliverables Deadlines 1. Prevention Coordinators will synthesize local and national data to support the district in decision-making regarding strengths and gaps No later than Decmeber 31st, 2024 with narrative report of services to be included in second quarter report to Eagle County Public Health & Environment staff. 2. Collaborate with schools to build culturally responsive and data-driven structures for schools to data- informed decisions related to increased student achievement and wellness. No later than May 31st, 2024 with narrative report of services to be included in end-of-school- year report to Eagle County Public Health & Environment staff. 3. Through BESS and other sources of data, Prevention Coordinator will assist schools in making informed decisions to support best their student's academic and social/emotional wellness As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 4. Collaborate with Support Services team to create systems of cross-training, cross-collaboration, and relying on expertise in other sectors As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. Objective 3c: Support Grant writing to continue to build prevention infrastructure Deliverables Deadlines DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 12 1. Coordinate and collaborate with newly hired (pending) grant writer for the District As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 2. Review data to assess gaps As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 3. Review grant proposals As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 4. Collaborate in writing for programming grants that support current gaps/needs As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. 5. Collaborate in grant reports As needed with narrative report of services to be included in end- of-school-year report to Eagle County Public Health & Environment staff. Goal 4: Provide training and supervision to new Prevention Specialist staff into EVHS and BMHS Objective 1c: Train and supervise new Prevention Specialist staff to allow a smooth transition into EVHS and BMHS Deliverables Deadlines 1. Recruit/Hire Prevention Specialists As soon as possible with narrative report of services to be included in soonest quarterly report to Eagle County Public Health & Environment staff. 2. Pre-board Prevention Specialists As soon as possible within one- month of hire, with narrative report of services to be included in soonest quarterly report to Eagle County Public Health & Environment staff. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 13 3. Onboard Prevention Specialists As soon as possible within two- months of hire, with narrative report of services to be included in soonest quarterly report to Eagle County Public Health & Environment staff. 4. Train Prevention Specialists As soon as possible within three- months of hire, with narrative report of services to be included in soonest quarterly report to Eagle County Public Health & Environment staff. DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC 14 Eagle County School District Prevention Coordinators Annual Operating Budget Salaries and Wages (1 Coordinator) Average Salary $74,000 Taxes and Benefits (40%) $32,560 Personnel Expense (1) X 2 Coordinators $213,120 General Operating Expenses training and implementation costs - assessment implementation and consultation $36,880 Total Direct Expenses $36,880 Net Billable Expenses $250,000 (1) Salaries and Wages include the following positions: 2.0 Coordinators DocuSign Envelope ID: 168007C0-E429-4DAD-8537-B3401A6BBBAC