TC Resolution 20-19 Approving a Collaboration Agreement Regarding Disbursement of CARES Act FundsAvon
COLORADO
TOWN OF AVON
RESOLUTION 20-19
SERIES OF 2020
APPROVING A COLLABORATION AGREEMENT REGARDING
DISBURSEMENT OF CARES ACT FUNDS
WHEREAS, on May 29, 2020, the Colorado Department of Local Affairs ("DOLA")
allocated up to $275 million to local governments across the state from the Coronavirus Relief
Fund ("CVRF") in an effort to reduce the financial impact of the COVID-19 pandemic; and
WHEREAS, the federal government established the CVRF as part of the federal CARES
Act, and the CARES Act allows local governments to receive reimbursements for qualifying
necessary expenditures; and
WHEREAS, pursuant to DOLA guidelines, municipalities must enter into an
intergovernmental agreement with their respective counties in order to receive CARES Act funds
from the CVRF; and
WHEREAS the purpose of the intergovernmental agreement, attached hereto and
incorporated herein as Exhibit A (the "IGA"), is to provide for the allocation of funds 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 Town's 2020 budget; and 3) were or will
be incurred during the period that began on March 1, 2020 and ends on December 30, 2020;
WHEREAS, 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; and
WHEREAS, the Town has, to date, expended approximately $564,000 in its response to
the COVID-19 pandemic, and the Avon Town Council desires to enter into the IGA for purposes
of being reimbursed for these expenditures; and
Res 20-19 Approving a Collaboration Agreement Regarding Disbursement of CARES Act Funds
June 19, 2020
Page 1 of 3
WHEREAS, the Avon Town Council hereby finds, determines and declares that this
Resolution will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby approves the IGA in substantially the same form as
attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the
Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
[SIGNATURE PAGE FOLLOWS]
Res 20-19 Approving a Collaboration Agreement Regarding Disbursement of CARES Act Funds
June 19, 2020
Page 2 of 3
ADOPTED this 23rd day of June 2020.
AVON 91UN I
By: Attest:
Sarah Smith-Hymes, MaX r
Torres, Town Cl
Res 20-19 Approving a Collaboration Agreement Regarding Disbursement of CARES Act Funds
June 19, 2020
Page 3 of 3
DocuSign Envelope ID: 0611EAEA^BFF7-4807-A5D7-12666EF12273 ,�r Coronavirus Relief Fund Allocation - htt s // o.boarddocs.com/co/ea leco/Board...
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IL
FALL E COUNTY
Agenda Item Details
Meeting
Category
Subject
Access
Type
Preferred Date
Absolute Date
Fiscal Impact
Dollar Amount
Budgeted
Jan 01, 2050 - *****Signature Workflow*****
A. BoCC Signature
Collaboration Agreement for Coronavirus Relief Fund Allocation
Public
Action
Jun 30, 2020
Jun 30, 2020
Yes
2,276,595.00
No
Budget Source CARES Act (Revenue)
Recommended Action Approve
Public Content
Prepared By: Jill Klosterman
Department: Finance
Executive Summary: Eagle County, along with municipal partners, will receive a Coronavirus Relief Fund allocation
as part of the CARES Act. This Collaborative Agreement identifies agreed upon methodology and amounts each
entity will receive.
Reviewing Attorney: Bryan Treu
Approved as DocuSignedby: DocuSignedby:
• BoCC signature?: Yes to form: I
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782F1315AtE64A8... 444EFF6D9F7F48E...
Administrative Content
Signature Required Information
Attach ALL exhibits, including the insurance certificate. Do not attach the contract or resolution, that will be
provided by the reviewing Attorney.
It is important to provide accurate information for the vendor authorized signer. If information is inaccurate the
vendor will not be able to sign the agreement.
• Have all documents been attached?: emailed final doc to Andy directly, no additional docs I'm aware of
(RS)
https://go.boarddocs.com/co/eagleco/Board.nsf/goto?open&login&id=BQNVL9813978# 1/2
DocuSign Envelope ID: 0611 EAEA-BFF7-4807-A5D7-1266BEF12273
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 7/1/2020 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 1 st 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: 0611 EAEA-BFF7-4807-A5D7-1266BEF1 2273
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.
//REMAINDER OF PAGE INTENTIONALLY LEFT BLANK//
DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
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:
Doc uSi%%gne by:
DocuSigned by:
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K "#itMWHenry, Chair MUF246896440...
Town of Avon Attest:
DocuSigned by: DocuSigned by:
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Sa itlt"es, Mayor 1C2DEBCCA9684D4
Town of Basalt Attest:
DocuSigned by: DocuSigned by:
1EIA32137D822441)...
Town of Eagle Attest:
DocuSigned by: DocuSigned by:
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Town of Gypsum Attest:
DocuSigned by: DocuSigned by:
Steve 11,M&—yCM455 6EF351AM9094C3_.
Town of Minturn Attest:
DocuSigned by: DocuSigned by:
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Town of Red Cliff Attest:
DocuSigned by: DocuSigned by:
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Town of Vail Attest:
DocuSigned by: DocuSigned by:
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DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
Exhibit A:
Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
April 22, 2020
The purpose of this document is to provide guidance to recipients of the finding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavims Aid, Relief, and Economic
Security Act ("CARES Act"). The CARES Act established the Coronavints Relief Fund (the "Fund")
and appropriated S 150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local goverurnents: the District of Columbia and U.S.
Territories (consisting of the Conuuonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa. and the Conumomvealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that—
are necessary expenditures incurred due to the public health emergency with respect to
the Coronavints Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government: and
3. were incun•ed during the period that begins on March 1, 2020, and ends on December 30,
2020.'
The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations
on the pennissible use of Fund payments.
Necessary expenditures incnrred due to the public health emergency
The requirement that expenditures be incurred "due to" the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second -order effects of the emergency, such as by providing economic support to
those suffering fiom employment or business interruptions due to COVID-19-related business closures.
Fluids may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments Hurst be "necessary." The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for In the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
cost cannot lawfully be fiurded rising a lure item, allotment, or allocation twithin that budget or (b) the cost
I See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
is for a substantially different use from any expected use of fiords in such a line item, allotment, or
allocation.
The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the
particular governtnent,,kvithout taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COV1D-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day find, or similar reserve account.
Costs incurred during the period that begins on ,March 1, 2020, and ends on December 30, 2020
A cost is "incurred" when the responsible unit of government has expended finds to cover the cost.
Monexelusive examples of eligible elLpenditures
Eligible expenditures include, but are not lunited to, payment for:
1. Medical expenses such as:
• COVID-19-related expenses of public hospitals. clinics, and similar facilities.
• Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
• Costs of providing COVID-19 testing, including serological testing.
• Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
• Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2. Public health expenses such as:
• Expenses for conununication and enforcement by State, territorial, local. and Tribal
governments of public health orders related to COVID-19.
• Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COX D-19 public health emergency.
• Expenses for disinfection of public areas and other facilities, e.g., nursing homes. in response
to the COVID-19 public health emergency.
• Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
• Expenses for public safety measures undertaken in response to COVID-19.
• Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, humuan services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
DocuSign Envelope ID: 0611 EAEA-BFF7-4807-A5D7-1266BEF12273
4. Expenses of actions to facilitate compliance with CO'N?ID-19-related public health measures, such
as:
• Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with CO\'ID-l9 public health precautions.
• Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
• Expenses to improve teleNvork capabilities for public employees to enable comphance with
COVID-19 public health precautions.
• Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
• COVID-19-related expenses of maintaining state prisons and couuty jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
• Expenses for care for homeless populations provided to mitigate COVID-19 effects and
enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the CO'%"ID-19
public health emergency, such as:
• Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
• Expenditures related to a State, territorial, local, or Tribal government payroll support
program.
• Unemployment insurance costs related to the COVID-19 public health emergency if such
costs will not be reimbursed by the federal government pursuant to the CARES Act or
otherwise.
6. Any other COVID- 19 -related expenses reasonably necessary to the function of government that
satisfy the Fund's eligibility criteria.
Nonexclusive examples of Ineligible etipendilures'
The following is a list of examples of costs that would not be eligible expenditures of payments from the
Fund.
1. Expenses for the State share ofMedicaid. 3
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
2 In additiou, pursuant to section 5001(b) of the CARES Act, payments from the Fuud may not be expended for au
elective abortion or on research in which a human embryo is destroyed, discarded, or lalowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life-eudaugeriug physical condition caused by or wising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is perfomred.
Furthermore, no government which receives payments from the Fumd may discriminate against a health care entity
on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
I See 42 C.F.R. § 433.51 and 45 C.F.R § 75.306
DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
4. Expenses that have been or will be reimbursed under any federal program. such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by States
to State unemployment finds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
DocuSign Envelope ID: 0611EAEA-BFF7-4807-A5D7-1266BEF12273
Exhibit B: Funding Allocation
Estimated
Amount
Organization
Costs
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