20.12.15 PSA Smiley and CO LLCContract Archive Submittal Form
A
Avon
C O L O R A D O
All contracts must receive prior review and approval by the Town Attorney, INCLUDING all exhibits, attachments and scope of work. Check with the Town Attorney to verify
the correct contract form to be used.
Instructions
Document Title: * 20.12.15 PSA Smiley and CO LLC
Upload Contract* PDF Only
Contract Notification Recipients 1:
Days:
Advance E-mail Notification of 15
Expiration of Contract:
Financial:
Special Terms:
Name: Email Address:
1.6MB
Recipients Name:* Recipients Email Address:
Elizabeth Wood ewood@avon.org
Contract Budget Amount: Budget Line Item:
$ 5,000.00
Exhibit 1
Certificate needed:*
Council Action Required:*
County Recording Required*
Comments:
Do have any additional Documents you would like to
upload
Phone Number: *
970-748-4087
List any special terms that are unusual and require review or another negotiating point prior to expiration.
Attach Exhibit:
PDF Only
No
No
No
Copy Copy. pdf
Vendor / Other Party Name-.*
Smiley and CO LLC
Contract Start Date: *
3/1/2020
Contract End Date: *
12/31/2020
Department: * Name: *
Email Address:*
06pgrflhFirNernment Elizabeth Wood
ewood@avon.org
responsible
for
the
contract:
Contract Notification Recipients 1:
Days:
Advance E-mail Notification of 15
Expiration of Contract:
Financial:
Special Terms:
Name: Email Address:
1.6MB
Recipients Name:* Recipients Email Address:
Elizabeth Wood ewood@avon.org
Contract Budget Amount: Budget Line Item:
$ 5,000.00
Exhibit 1
Certificate needed:*
Council Action Required:*
County Recording Required*
Comments:
Do have any additional Documents you would like to
upload
Phone Number: *
970-748-4087
List any special terms that are unusual and require review or another negotiating point prior to expiration.
Attach Exhibit:
PDF Only
No
No
No
.4 / O n Letter of Agreement
v 0 0 H A U Between
Smiley and CO, LLC and Town of Avon, Colorado
Ms. Rachel Smiley
Smiley and CO, LLC dba Copy Copy
142 Beaver Creek Place
Avon, CO 81620
Dear Ms. Smiley:
The Town of Avon is pleased to provide COVID-19 Business Relief Funds to Smiley and CO, LLC in fiscal year 2020. Your
business is important to the Avon community and the vibrancy of Avon's economy. The Avon Town Council has determined
supporting and maintaining a strong business community serves a vital public purpose. The Avon Town Council has
acknowledged the hardship faced by many small businesses in Avon resulting from the COVID-19 pandemic.
The purpose of this Letter of Agreement (Agreement) is to formalize the understandings for the Town of Avon's financial
contribution.
Business: Smiley and CO, LLC
Project: DOLA Coronavirus Relief Fund Program (CVRF)
Town of Avon Contribution: Five thousand dollars ($5,000.00)
Funding Period: March 1, 2020 — December 30, 2020
Use of Funds: By accepting the funding, you, as the CVRF recipient, agree to spend the funds for expenses related to the
public health emergency with respect to Coronavirus Disease 2019 (COVID-19), which expenses include cleaning and
medical supplies, personal protective equipment, rent, payroll and administrative costs that would not have been incurred
but for the pandemic. Funding for the program was approved by the Town Council on November 10, 2020 using funds from
the CARES Act fund authorized under Section II of Governor Polis' Executive Order 2020 081 May 12, 2020. All funds must
be used to cover business interruption expenses incurred between March 1, 2020 and December 30, 2020. Please see
Attachment A• CVRF Categories for a list of qualified expenses.
Documentation:
Recipient shall retain documentation on all uses of the funds, including invoices, sales receipts, time and effort reporting, data
and financial records and any other documentation that establishes compliance for up to five years after final payment is made
using CVRF funds. Recipient shall also submit the same documentation to the town by December 15, 2020 and understands
that funds will not be distributed until such documentation has been provided and has been approved.
Please see Attachment A- CVRF Categories. Please indicate the category (7a - 7r) for qualified expenses incurred by your
business between March 1 — December 30, 2020.
CVRF Category:
Letter of Agreement Page 1
Please provide a detailed description of how you spent these funds between March 1, 2020 and December 30,
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Town of Avon Responsibilities:
• The General Government Manager, Ineke de Jong, is responsible for facilitating payment to Smiley and CO, LLC.
Nothing contained in this Agreement shall constitute or designate Smiley and CO, LLC or any of its employees as employees
of the Town of Avon, and thereby, Smiley and CO, LLC, its subcontractors or any person directly or indirectly employed by it
are not entitled to Town of Avon worker's compensation benefits or any benefit contemplated by a Town of Avon
employer/employee relationship.
The Parties understand and acknowledge that the Town 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 Agreement. It is understood
and agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Avon's current fiscal
period ending upon the next succeeding December 31. Financial obligations of the Town 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 Town of Avon, and other applicable law. Upon the failure to appropriate such funds,
this Agreement shall be terminated.
Authorized Signatures:
Rachel Smiley, Smiley and CO, LLC
I duly represent that I am authorized to represent Smiley and CO, LLC in reviewing, agreeing and signing this Agreement. My
signature to this Agreement constitutes acceptance of the terms of this Agreement, special conditions for use of the funds
awarded, if any, and Siley and CO, LLC's responsibilities as stated above.
SIGNATURE: IU�azlu,_P�4
PRINTED NAME:C1C%�1
TITLE:
DATE: U
Town of Avon
SIGNATURE:
PRINTED NAME: I/L� Cite lUYA G]
TITLE: Gen aoy if
DATE: i2 /Cs 120ZO
Letter of Agreement Page 2