07-01-2020 Eagle County Collaboration Agreement CARES ActDocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
Approved as
to form:
COLLABORATION AGREEMENT
REGARDING DISBURSEMENT OF CORONAVIRUS AID, RELIEF AND ECONOMIC
SECURITY ACT FUNDS TO COUNTY AND LOCAL GOVERNMENTS
THIS COLLABORATION AGREEMENT (“Agreement”), is made this _______________, by
and between COUNTY OF EAGLE, STATE OF COLORADO, a body politic and corporate (“County”)
and the TOWNS OF AVON, BASALT, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL IN
THE STATE OF COLORADO, together considered municipal corporations and political subdivisions of
the State of Colorado, (“Local Governments”). The County and the Local Governments shall be referred
to herein, individually, as a “Party” and, collectively, as the “Parties.”
RECITALS
A. On May 29, 2020, Colorado Department of Local Affairs (“DOLA”) will allocate up to
$275M to Counties and Local Governments across the state from the Coronavirus Relief Fund (“CVRF”),
in an effort to reduce the financial impact of the COVID-19 pandemic.
B. The U.S. Congress mandated CVRF as part of the federal CARES Act under Title V. It
allows local governments to receive reimbursements for necessary expenditures that were not accounted
for in the most recent local government budget and that were incurred as of March 1st due to the
COVID-19 public health emergency.
C. The purpose of this Agreement is to provide the structure for how the Parties become eligible
and obtain access to funds authorized by Title V, Section 5001(d) of the CARES Act and specifically
allows the County and Local Governments to request reimbursement for program payments that: 1) are
necessary expenditures incurred due to the public health emergency with respect to the COVID-19
pandemic; 2) were not accounted for in the budget most recently approved as of the date of enactment
[March 27, 2020] of this section for the local government; and 3) were incurred during the period that
begins on March 1, 2020 and ends on December 30, 2020. Eligible expenditure guidance is provided by
the U.S. Treasury (attached as Exhibit A).
D. Section 18(2) of Article XIV of the Colorado Constitution and Sections 29-1-201, et seq. and
29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by
contracting with one another for their mutual benefit.
E. The COVID-19 pandemic has created a myriad of economic distress and unanticipated costs
to individuals and families, to businesses, and to the state and local governments addressing the
pandemic’s effects.
F. Pursuant to the terms of this Agreement, the Parties wish to be reimbursed individually for
COVID-19 pandemic related costs incurred by the Parties.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the Parties agree as follows:
DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
7/1/2020
I. FUNDING ALLOCATION FORMULA. CARES Act funds are allocated based on the
percentage of the population in a given state that resides in the jurisdiction requesting funding from the
federal government. The County is allocating CARES Act funds based on prorated actual eligible costs
incurred or expected to be incurred as provided by and agreed upon by all parties. The spreadsheet
attached as Exhibit B, and incorporated herein, shows the amount of CARES Act funds available to the
County and each Local Government pursuant to these prorated eligible costs incurred or expected to be
incurred amounts.
II. PROCESS TO OPT-IN. The Parties that desire to participate shall complete a one-time
opt-in web-based form, which will be submitted via DOLA’s Grant Portal no later than July 7th, 2020.
This form requires affirmations of spending, reporting, monitoring, and certain federal requirements of
County and Local Government participants for the Coronavirus Relief Funds.
III. REIMBURSEMENT ELIGIBILITY AND ACCOUNTING. The County and Local
Governments will separately apply for the funds allocated to them as set forth in Exhibit B. The Parties
understand they will need to follow all reimbursement requirements as established by DOLA for those
eligible CARES Act reimbursement funds for COVID-19 pandemic related costs as further set forth in
guidance provided by the U.S. Treasury, attached as Exhibit A. Generally, CVFR payments may be used
for program payments that: 1) Are necessary expenditures incurred due to the public health emergency
with respect to COVID-19; 2) Were not accounted for in the budget most recently approved as of the date
of enactment [March 27, 2020] of this section for the local government; and 3) Were incurred during the
period that begins on March 1, 2020 and ends on December 30, 2020. Nothing in this Agreement is a
guarantee that reimbursement applications will be granted.
IV. RETURN OF UNSPENT DOLLARS TO COUNTY. To ensure that the maximum
amount of CVRF dollars are expended for the benefit of Eagle County residents and businesses by the
deadline of December 30, 2020, Towns agree to report to the County the total amount of funding requests
they have submitted to DOLA by September 1, 2020. If Towns have not already requested from DOLA
or submitted a plan to the County to showing they will utilize their entire allocation by the deadline, they
will forfeit unspent dollars to the County who will utilize the remaining allocation for other eligible
expenditures.
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IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
Eagle County Attest:
_____________________________________________________________
Kathy Chandler-Henry, Chair
Town of Avon Attest:
____________________________________________________________
Sarah Smith Hymes, Mayor
Town of Basalt Attest:
____________________________________________________________
Bill Kane, Mayor
Town of Eagle Attest:
___________________________________________________________________
Scott Turnipseed, Mayor
Town of Gypsum Attest:
____________________________________________________________
Steve Carver, Mayor
Town of Minturn Attest:
____________________________________________________________
John Widerman, Mayor
Town of Red Cliff Attest:
___________________________________________________________
Duke Gerber, Mayor
Town of Vail Attest:
__________________________________________________________
Dave Chapin, Mayor
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Exhibit A:
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Exhibit B: Funding Allocation
Organization
Estimated
Costs
Amount
Allocated
Eagle County Government $ 2,410,000 $ 2,276,595
Town of Avon $ 596,877 $ 563,837
Town of Basalt $ 235,503 $ 222,467
Town of Eagle $ 105,000 $ 99,188
Town of Gypsum $ 36,712 $ -
Town of Minturn $ 46,600 $ 44,020
Town of Red Cliff $ 46,614 $ 44,034
Town of Vail $ 1,534,370 $ 1,449,435
Total Estimate/Incurred Costs $ 5,011,676 $ 4,699,577
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