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Home My WebLink About20210930.tiffMariah Higgins From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Good morning CTB, Alison Pegg Thursday, October 28, 2021 7:31 AM CTB HS -Contract Management School District 6 Transportation MOU Follow up Flagged In March, we entered into an Intergovernmental Agreement with School District 6 for transportation cost sharing. The Tyler ID for this agreement is: 2021-0930. Yesterday, the Board approved a new transportation cost sharing MOU with SD -6, Tyler ID: 2021-3041 that will replace the old Intergovernmental Agreement. There are a few reasons for this new MOU: The State recently provided a much simpler template for counties to use with school districts for transportation cost sharing MOUs compared to the previous Intergovernmental Agreement that had been used. This new template was being utilized to enter into MOUs with all other county school districts, so we wanted to make sure what was in place with SD -6 aligned with the other school districts. We wanted the term dates for the MOU with SD -6 to align with the term dates of all the other school districts to ensure consistency with any potential changes/updates that may be made year to year. Would it be possible to note in Tyler that the old Intergovernmental Agreement (2021-0930) has been replaced with this new MOU (2021-3041)? Thank you! Alison Pegg Contract Management and Compliance Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 W (970) 400-6603 Contract Management Extension: 6556 g (970) 353-5212 ®apegg-(weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. CoP-Amen co.+:Qn5 ,20�-1 - og3O llio$�2i HRo0 ot3 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPLEMENTATION OF EVERY STUDENT SUCCEEDS ACT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Implementation of the Every Student Succeeds Act between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Weld County School District 6, commencing January 1, 2021, and ending December 31, 2021, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Implementation of the Every Student Succeeds Act between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Weld County School District 6, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of March, A.D., 2021, nunc pro tunc January 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Nypreno, Chair 2021-0930 HR0093 Oy/o7/2I r0 585 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 23, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Intergovernmental Agreement for Implementation of Every Student Succeeds Act (ESSA) with Weld County School District 6 Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Intergovernmental Agreement for Implementation of Every Student Succeeds Act (ESSA) with Weld County School District 6. The Every Student Succeeds Act (ESSA) requires child welfare agencies and education agencies to collaborate to ensure school stability and school attendance for all children and youth in foster care. As such, ESSA allows child welfare agencies to use ESSA transportation funds for eligible children and youth for reasonable travel to the school of origin. This Intergovernmental Agreement will implement clear written procedures governing how transportation will be provided, arranged, and funded for children and youth for the duration of their time in foster care. The term of this Agreement is January 1, 2021 through December 31, 2021 with the option to extend the term, in writing on an annual basis. Legal (G. Kalousek) has reviewed and approved the Agreement. I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign. Ap�rove Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman rn Scott K. James, Pro -Tern Steve Moreno, Chair I Lori Saine Pass -Around Memorandum; March 23, 2021 - ID 4585 Page I 2021-0930 Y-3/ INTERGOVERNMENTAL AGREEMENT FOR IMPLEMENTATION OF EVERY STUDENT SUCCEEDS ACT ("ESSA") BETWEEN WELD COUNTY AND WELD COUNTY SCHOOL DISTRICT 6 This Agreement is made and entered into this 31 day of , 2021, by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter "Weld County"), and Weld County School District 6 (hereinafter "School District"). This Agreement is for the year 2021. RECITALS WHEREAS, ensuring school stability and academic success for students in foster care is an important joint responsibility of child welfare and education agencies; WHEREAS, Colorado's students in foster care experience much higher rates of school mobility and much lower rates of academic achievement than their peers, and less than one out of three Colorado students in foster care graduates high school on time; WHEREAS, the Every Student Succeeds Act (ESSA) requires child welfare agencies and education agencies to collaborate to ensure school stability and school attendance for all children and youth in foster care; WHEREAS, ESSA requires that when a child or youth in foster care changes living placements, he or she remains in the current school with necessary transportation provided, or, if this is not in his or her best interest, that the child or youth is immediately and appropriately enrolled in a new school even without normally required records; WHEREAS, ESSA allows child welfare agencies to use ESSA transportation funds for reasonable travel to the school of origin for eligible children and youth; WHEREAS, ESSA allows educational agencies to use Title I funds to pay for costs needed to transport children and youth in foster care to their school of origin; WHEREAS, ESSA requires each local educational agency to collaborate with the local child welfare agency to develop and implement clear written procedures governing how transportation to maintain children and youth in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care; WHEREAS, such transportation must be provided promptly and in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. § 675(4)(A)); and WHEREAS, ESSA requires each local educational agency to designate a point of contact if the corresponding child welfare agency notifies it in writing that it has designated a point of contact; NOW, THEREFORE, the undersigned Parties do hereby agree to the following: I. PARTIES This Agreement is made between the following agencies: WELD COUNTY DEPARTMENT OF HUMAN SERVICES ("Human Services"), located at 315 North 11th Avenue, Greeley, Colorado 80631; and WELD COUNTY SCHOOL DISTRICT 6 PUBLIC SCHOOL DISTRICT ("School District"), located at 1025 Ninth Avenue Greeley, Colorado 80631. II. TERMS AND EFFECTIVE DATE A. Effective Date and Term: This Agreement shall become effective on January 1, 2021, and extend through December 31, 2021. This Agreement may be renewed annually upon written agreement of both parties. B. Termination: Each party has the right to terminate this agreement, with or without cause, upon ninety (90) days written notice. Notwithstanding the preceding sentence, in the event that the School District fails to appropriate sufficient funds to satisfy its payment obligations under this Agreement, either party shall have the right to terminate this Agreement as of the end of the fiscal year in which sufficient funds have been appropriated and budgeted. In the event that funding is not appropriated in a given year, the School District agrees to seek the additional funding necessary in subsequent years to pay the balance of the loan off on schedule. The failure to appropriate funds in any given year does not relieve the School District of the obligation to pay the loan amount in full. If the agreement is terminated at any time, the School District obligated to immediately pay the remaining balance in full. C. Modifications or Extensions: Any amendments, modifications, or extensions to this agreement shall be made in writing and signed by all parties. D. DEFINITIONS "Additional costs" are costs of transportation that exceed what the LEA would otherwise pay to transport the student to school if the student were not in foster care. "Best interest determination" refers to the outcome of a process facilitated by the Weld County Department of Human Services, in accordance with 12 CCR 2509-4, 7.301.241, to determine whether it is in a child or youth's best interest to remain in the school or origin or, alternatively, transfer to a new school. "Caregiver" for purposes of this agreement, refers to any non-professional adult in a child or youth's life who accepts the responsibility of transporting the child or youth to school, including but not limited to a foster parent, kinship caregiver, custodial or non- custodial parent, non custodial kin, older sibling, etc. The term is used broadly to describe persons who may be reimbursed for their mileage or public transit fares pursuant to this agreement. "Child in foster care" includes all school -aged children and youth in foster care, including those attending a public preschool. "Foster Care" and "Out -of -home placement" shall have the same meaning as defined by 45 CFR 1355.20, which is "24 -hour substitute care for children placed away from their parents or guardians and for whom the agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made." "Immediate Enrollment" means attending and meaningfully participating in school by the date designated in the child or youth's best interest determination, in accordance with 12 CCR 2509-4, 7.301.241(D)(4). "Local Educational Agency" (LEA) means the local public school district, charter institute, Colorado school for the deaf and the blind, and/or board of cooperative education services (BOCES). Individual schools are part of their respective LEAs. "Out -of -home placement" for purposes of this agreement is interchangeable with "foster care." See definition of "foster care." "School of origin" means the school in which the child or youth was enrolled at the time of initial placement into foster care. If the child or youth's foster care placement changes, the school of origin is the school in which the child or youth is enrolled at the time of the placement change. If the child or youth is enrolled in a facility school (including RCCFs and secure detention facilities) at the time of a placement change to a less restrictive setting, the school of origin is the last public school the child or youth attended for at least one complete term/semester prior to entering the facility school OR another school where the child or youth had a meaningful connection in the past two years. E. POINTS OF CONTACT AND DUTIES a. Human Services Point of Contact The primary point of contact for purposes of implementing this Agreement is: Name: Heather Walker, Child Welfare Director Email: walkerhd(weldaov.com Phone: (970) 400-6218 By designating this individual as the point of contact, Human Services affirms that he or she has sufficient authority, capacity, and resources to fulfill the following obligations of this agreement including: • Coordinating with the corresponding School District point of contact to implement this Agreement. • Participating in the development or revision of a local best interest determination process that meets the requirements of 12 CCR 7.301.241. • Notifying the School District point of contact within 2 school days when a child or youth who already attends school in the School District has been placed in foster care or when there has been a foster care placement change. If or when a school move is considered, this notice shall also include a request for participation in the best interest determination by an individual from the School District who knows the child or youth. See Appendix B: Notice to School of Origin of Student in Out - of -Home Placement. • Notifying the School District point of contact within 1 school day when there has been a best determination for a student in out -of -home placement that triggers the need to collaborate on transportation services for the student pursuant to this agreement. This notice may be an informal email referencing or attaching the original Notice to School of Origin of Student in Out -of -Home Placement. To ensure timely and consistent communication, the Human Services point of contact will send this notice even if a School District had a representative in attendance at the best interest determination. • Notifying the School District point of contact within 1 school day when there has been a best interest determination that child or youth in foster care will transfer into School District from another local educational agency. See Appendix C: Notice to Receiving School of Student in Out -of -Home Placement. • Working with the assigned caseworker and/or family engagement facilitator to ensure best interest determinations are made and appropriately documented in accordance with 12 CCR 7.301.241, including that all required participants are invited to participate in best interest determination meetings. See Appendix A: Best Interest Determination Form • Providing professional development and training to Human Services staff on ESSA's provisions; the school stability requirements of Volume 7 including 12 CCR 7.301.24(D), 7.301.241, and 7.301.242; and this Agreement. • Serving as a secondary source, when possible, to provide educational records from the child welfare case file to a child or youth's new school. • Coordinating necessary transportation for students as described in this Agreement, including through development of any Human Services practices necessary to implement these procedures. • Participating in good faith in the dispute resolution process outlined in this Agreement in the event there are disagreements regarding transportation. b. School District Point of Contact The primary point of contact for purposes of implementing this Agreement is: Name: Jesse Tijerina, Director of Cultural Excellence and Parent Engagement Email: jtiierina(a rg eeleyschools.org Phone: (970) 348-6252 By designating this individual as the point of contact, the School District affirms that he or she has sufficient authority, capacity, and resources to fulfill the following obligations of this agreement including: • Coordinating with the corresponding Human Services point of contact to implement this Agreement. • Participating in the development or revision of a local best interest determination process that meets the requirements of 12 CCR 7.301.241. • Ensuring participation in the best interest determination process of an individual from the School District who knows the child or youth. • Documenting best interest determinations and foster care status on behalf of the School District to the extent required to meet students' educational needs. • Developing and implementing a "needs to know basis" protocol to meet the educational needs of children and youth in foster care while also protecting privacy of sensitive information. • Providing professional development and training to School District staff on ESSA's provisions, this Agreement, and the educational needs of children in foster care. • Facilitating the prompt transfer of educational records for children and youth in foster care who enter or exit a school within School District. • Facilitating immediate enrollment for children and youth in out -of -home placement who enter a school within School District. • Immediately requesting education records from the school of origin for children and youth in out -of -home placement who enter a school within School District. • Ensuring that students in out -of -home placement are promptly enrolled in the LEA's free lunch program. • Ensuring that the school and LEA waive all school fees for students in out -of - home placement, including but not limited to any general fees, fees for books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after -school programs. • Facilitating data sharing with Human Services consistent with FERPA, the IDEA, and other privacy laws and policies. • Coordinating necessary transportation for students as described in this Agreement, including through development of any School District practices necessary to implement these procedures. • Participating in good faith in the dispute resolution process outlined in this Agreement in the event there are disagreements regarding transportation. c. Seamless Coverage of Obligations While the duties described above are expected to be fulfilled by the designated point of contact, the duties are obligations of the respective parties. School District and Human Services shall ensure adequate staff time to meet the obligations of this agreement. School District and Human Services shall ensure seamless coverage during times such as staff vacancies or leave. III. BEST INTEREST DETERMINATIONS When a school move is considered as a result in a change in child welfare placements, Human Services shall facilitate a best interest determination meeting in compliance with 12 CCR 7.301.241. This section of rule is attached as Appendix D. A. Responsibility for Best Interest Determination Human Services is the entity responsible for determining whether it is in a child or youth's best interest to remain in their school of origin. Consistent with 12 CCR 7.301.241 and the point of contact duties outlined in this Agreement, Human Services shall engage School District in this process, and School District shall provide meaningful input from a representative who knows the student. In some instances, the juvenile court may exercise its jurisdiction to make a best interest determination, which may or may not be consistent with a determination already made by Human Services. In these instances, the juvenile court's orders are the final determination. B. Confidentiality Human Services and School District understand and agree that not all information relevant to a student's best interest determination is permissible or appropriate to be shared with School District Staff. In order to protect family privacy, Human Services may not be able to disclose certain factors impacting the best interest determination, including but not limited to content of or progress on parents' treatment plans, details of students' mental health needs, and sensitive family information. Human Services and School District agree that the primary role of School District in the best interest determination process is to provide information and insight about the child or youth. Notwithstanding the safeguards above, School District and its employees will inevitably learn information of a very personal and sensitive nature as a result of participating in the best interest determination process and in the ongoing work of supporting children and youth in foster care. In recognition that student records are more accessible to a wider audience than child welfare records, School District will adopt practices and/or policies to allow it to utilize sensitive information to serve a child or youth's educational needs without unnecessarily creating and maintaining "educational records" that can be shared pursuant to the Family Educational Rights and Privacy Act. C. Timing of Best Interest Determination The best interest determination must be made prior to a change in schools. Further, a determination that it is in a child or youth's best interest to change schools shall include the date when it is best for him or her to transfer. When a school move is necessary, it is assumed to be in the best interest of children and youth to transition at natural academic junctures such as the end of the term. Human Services and School District agree to coordinate as outlined in this agreement to maintain children and youth in their schools of origin unless and until it is determined not to be in their best interest to do so. IV. IMMEDIATE SCHOOL ENROLLMENT When it is in a child or youth's best interest to change schools, School District will ensure the child or youth is immediately enrolled, which means attending and meaningfully participating in school by the date designated in the child or youth's best interest determination, in accordance with 12 CCR 2509-4, 7.301.241(D)(4). Enrollment cannot be denied or delayed because documents normally required for enrollment (proof of age, proof of residency, vaccination records) have not been submitted. School records, including an IEP, are never required for enrollment, but an enrolling school must immediately contact the school of origin to obtain relevant records. V. PROVISION AND ARRANGEMENT OF TRANSPORTATION Human Services and School District share the goal and obligation of providing prompt, cost- effective transportation to maintain children and youth in their schools of origin. Parties share the goal of identifying efficient, low or no -cost transportation options whenever possible. When there are additional transportation costs, parties share the goals of selecting the most cost- effective option that meets the needs of children and youth and of maximizing federal funding. To achieve this, parties agree to the following terms and procedures. A, Duration of Transportation Transportation will be provided for the duration of the child's time in foster care as long as it continues to be in the child or youth's best interest. If a child or youth exits foster care before the end of a school year, the transportation arrangement will be maintained through the end of the school year to maintain the child or youth's educational stability. B. Short -Term Transportation — Arrangement and Order of Preference Children and youth in foster care must remain in the school of origin unless and until it is determined to be in their best interest to attend a new school. In recognition that initial placement into foster care and changes in foster care placements often occur with very little notice, Human Services and School District agree to the following to provide short- term transportation services to a child or youth's school of origin while longer term decisions and arrangements are made. These short-term preferences also apply when circumstances change during an existing placement and the previously arranged transportation plan can no longer be followed. Order of preference for short-term transportation: 1. Caregiver. The preferred immediate transportation option is for the child or youth's caregiver or another appropriate adult (such as non -custodial parents, kin, a mentor, or a CASA volunteer) to provide transportation with mileage reimbursement. o If caregiver transportation is an option, the Human Services caseworker is responsible for arranging this with the caregiver. 2. Human Services and School District agree to share the costs starting on the first school day and continuing until another appropriate transportation solution takes effect. 3. 4. Public Transportation. If public transportation is an appropriate option, the child or youth may take public transportation to school. o The Human Services caseworker will work with the caregiver and child or youth to identify a public transportation route. S. Human Services or School District Staff. Identified employees of Human Services and/or School District may provide school transportation. 6. Third -Party Private Provider. The Human Services Director will approve any third - party providers through a separate contract with each entity. o Human Services and School District agree to share the costs of providers on this list starting on the first school day and continuing until another appropriate transportation solution takes effect. o Costs for this arrangement include all actual costs which are allowable and invoiced by the provider. o Child Welfare Quality Assurance Supervisor, Weld County Department of Human Services and Director of Cultural Excellence and Parent Engagement, Weld County School District 6 are responsible for reviewing this list and updating it as needed but at least every six months. If there are material changes to the list, including addition of new providers and rate changes exceeding 10%, the updated list must be approved by both Human Services and School District. C. Ongoing Transportation — Arrangement and Order of Preference On the first school day following the placement into foster care, the Human Services point of contact shall notify the School District point of contact of the need for transportation and the address and contact information of the foster home. If circumstances change during an existing placement and the previously -arranged transportation plan can no longer be followed, the Human Services point of contact shall notify the School District point of contact of the need for new transportation arrangements within one school day of learning of the change. If the change in circumstances is within School District, the School District shall notify the Human Services point of contact within one school day of learning of the change. Within one school day of being notified of the need for transportation, the School District point of contact will determine whether there is an existing transportation route that the child or youth can take to the school of origin. This includes school buses as well as other types of transportation School District may provide, such as for homeless students. All additional costs of ongoing transportation will be shared by Human Services and School District as detailed in Section VI Funding of Transportation. Order of preference for ongoing transportation: 1. School District Route. If there is an existing school district transportation route, including routes that can be modified, the School District point of contact will arrange for the child or youth to begin riding on the existing route as soon as possible. The School District point of contact will notify the Human Services point of contact and the foster parent of the route information. o "Additional costs" of this option include only the costs incurred beyond what the district would incur for a student living within the school's attendance zone. 2. Caregiver. This option is available if a child or youth's foster parent or another appropriate adult (such as non -custodial parents, kin, a mentor, or a CASA volunteer) agree to provide transportation with mileage reimbursement. o The Human Services caseworker is responsible for arranging this with the caregiver. 3. Public Transportation. If public transportation is an appropriate option, the child or youth may take public transportation to school. o The Human Services caseworker will work with the caregiver and child or youth to identify a public transportation route. 4. Human Services or School District Staff. Identified employees of Human Services and/or School District may provide school transportation. 5. Third -Party Private Provider. The Human Services point of contact will identify an appropriate provider to transport the child or youth to school. o Costs for this arrangement include all actual costs which are allowable and invoiced by the provider. o Child Welfare Quality Assurance Supervisor, Weld County Department of Human Services and Director of Cultural Excellence and Parent Engagement, Weld County School District 6 are responsible for reviewing this list and updating it as needed but at least every six months. If there are material changes to the list, including addition of new providers and rate changes exceeding 10%, the updated list must be approved by both Human Services and School District. VI. FUNDING OF TRANSPORTATION A. Mileage Reimbursement Human Services and School District staff shall be reimbursed for mileage at the rates established by their respective agencies. The rate for caregiver mileage reimbursement shall be the same as is provided to Human Services staff or School District staff, whichever is greater. Mileage to be reimbursed includes the door-to-door actual miles necessary to take the child or youth to school, less the provider's normal commute (if any). B. Cost -Sharing and Maximization of Federal Funds It is the overriding intent of Human Services and School District that the School District shall exhaust all alternative funding measures prior to seeking to cost share additional costs of transportation. If cost sharing is necessary, it will be determined on a case by case basis taking into account the necessity of the additional costs. Through ESSA, the State will reimburse Human Services 80% of the transportation cost. Human Services and the School District will split the remaining cost, each contributing 10% of the total transportation cost. In order to receive the ESSA reimbursement from the State and ensure equitable cost sharing, Human Services and the School District agree to the following steps when paying for transportation costs: 1. The transportation provider will bill Human Services for 100% of the transportation cost. a. The transportation provider may be a caregiver, school district, Human Services or School District Staff or third -party private provider. 2. Human Services will pay the transportation provider for 100% of the billed amount. 3. Human Services will report the expenditure to the State in order to receive 80% reimbursement of the allowed transportation cost through ESSA. 4. Once Human Services is reimbursed by the State, Human Services and the School District will split the remaining 20% of the transportation cost. Human Services will invoice the School District for 10% of the total transportation cost. 5. The School District will reimburse Human Services as invoiced for the transportation cost share. VII. DISPUTE RESOLUTION A. Funding of Transportation Pending Disputes In order to meet the educational stability needs of children and youth, and to comply with ESSA, Human Services and School District agree to fully fund transportation as outlined in this agreement pending resolution of disputes. B. Dispute Resolution Procedure If Human Services and School District disagree regarding the transportation plan(s) of an individual child or youth, or group of children or youth, the interim transportation option shall be the first possible option in the order of preferences; whether the option is desirable or practical is a question for the dispute resolution process. As soon as it is apparent that a disagreement exists and dispute resolution is necessary, the School District and Human Services points of contact shall notify their respective administrators of the dispute. The administrators shall attempt to come to an agreement within 5 school days. If an agreement still cannot be reached, parties agree that Human Services will decide the outcome, including any amounts to be repaid. Notwithstanding the provisions of this article, each party shall retain the ability to seek any legally available remedy. VIII. GENERAL TERMS A. Force Maieure The parties agree that in no event shall Weld County be liable due to any stoppage, delay, or any impairment in the execution of the terms of this Agreement where such stoppage, delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside the control of Weld County. B. Non -Exclusive Agreement This Agreement is nonexclusive and Weld County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. C. Governmental Immunity No portion of this Agreement shall be deemed a waiver, express or implied, of any immunities, rights, benefits, protections, or other provisions which a party, or its officers, employees, or agents, may possess pursuant to the Colorado Governmental Immunity Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter amended. D. Choice of Law/Venue/Compliance with Law Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. The proper venue for any action regarding this agreement shall be Weld County. All parties agree to comply with any applicable federal, state, or local laws, rules, and regulations. E. Severability If any section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held or decided to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. F. Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. G. Confidentiality Each party agrees to abide by the terms of C.R.S. 24-72-201, et seq. Each party shall be responsible for protecting the confidential information of its citizens, and shall follow commonly accepted procedures and standards for maintaining such confidentiality. H. Employee Financial Interest/Conflict of Interest The signatories to this Agreement aver that to their knowledge, no employee, officer, or agent of any included party has any personal, beneficial interest whatsoever in the distribution of the funds that are the subject matter of this Agreement. No party's employee, officer, or their immediate family shall benefit financially from this Agreement or the distribution of the available funds. I. Fund Availability Nothing in this Agreement shall be construed to require the Weld County Board of County Commissioners or Greeley -Evans School District 6 Board of Education to provide funding for any purpose under this Agreement that has not previously been budgeted. Acknowledgment. Weld County and School District acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTE Weld By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 3 12021 CONTRACTOR: Weld County School District 6 1025 Ninth Avenue Greeley, Colorado 80631 iW 5ANS 0NSL�� By: MEGGAN SPONSLER (Mar 18,2021 16:11 MDT) Meggan Sponsler, Chief Financial Officer Mar 18,2021 Date: New Contract Request Entity Information Entity Name * Entity ID * WELD COUNTY SCHOOL DISTRICT #6 @000©2589 Contract Name * INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY SCHOOL DISTRICT 6 FOR IMPLEMENTATION OF EVERY STUDENT SUCCEEDS ACT ("ESSA'') Contract Status CTB REVIEW ❑ New Entity? Contract ID 4585 Contract Lead APEGG Contract Lead Email apegg@weldgov.com . co bbx xlk.weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * NEW INTERGOVERNMENTAL AGREEMENT (IGA). TERM DATES: JANUARY 1, 2021 THROUGH DECEMBER 31, 2021. Contract Description 2 PA IS BEING ROUTED THROUGH NORMAL PROCESS. ETA TO CTB: MARCH 25, 2021. Contract Type * Department Requested B[ CC Agenda Due Date AGREEMENT HUMAN SERVICES Date* 03:27'2021 03 312021 Amount Department Email $0.00 CM- Will a work session with BOCC be required?* HumanServices@weldgov.co NO Renewable m YES Does Contract require Purchasing Dept. to be included? Department Head Email Automatic Renewal CM-HumanServices- DeptHead@weldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Nonce Period Approval Process Department Head JAMIE ULRICH DH Approved Date 03/2512021 Final Approval 8OCC Approved 8OCC Signed Date 8OCC Agenda Date 03/31/202 Originator APEGG Review Date 11;01/2021 Committed Delivery Date Renewal Date * 01101/2022 Expiration Date Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approver CHRIS D'OVIDiO Finance Approved Date 03/25/2021 Tyler Ref # AG 033121 Legal Counsel CARE KALOUSEK Legal Counsel Approved Date 03126/2021 Hello