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HomeMy WebLinkAbout20-65 Collaboration Agmt CARES Act Weld County 06-24-2020RESOLUTION N0.20-65 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A COLLABORATION AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY, COLORADO REGARDING THE DISTRIBUTION OF CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT FUNDS WHEREAS, pursuant to Section 18 (2) of Az-ticle XIV of the Colorado Constitution and C.R.S. Section 29-1-203, as amended, Weld County and the Town of Firestone ("Town") have the authority to enter into intergovernmental agreements and are authorized to cooperate by contracting with one another for their mutual benefit; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act which was enacted on March 27, 2020, provided over $2 trillion of economic relief, and WHEREAS, the Act provides for payments to State, Local, and Tribal governments to address unforeseen financial needs and risks caused by the COVID-19 pandemic; and WHEREAS, the CARES Act provides that the U.S. Treasury Department make payments from its Coronavirus Relief Fund to states and eligible units of local government; the District of Columbia and U.S. territories; and tribal governments, based on population calculations provided in the CARES Act; and WHEREAS, the State of Colorado has received CARES funds and through the Department of Local Affairs ("DOLA") is distributing CARES funds to other governmental entities, including Weld County ("County"); and WHEREAS, the County desires to distribute a portion of its allocation of CARES funds to assist the Town in mitigating the impacts of COVID-19 upon the TOwn's operations and the Town's citizens and businesses; and WHEREAS, the parties desire to enter into a Collaboration Agreement in order to set forth the terms and conditions pertaining to such distribution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Collaboration Agreement between the Town of Firestone and the Board of County Commissioners of Weld County related to the distribution of CARES Act funds is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this09 day of J u fie, , 2020. ATTEST: r felsick Koenig, �+1 N 60�//VTv G�\� Attorney Bobbi Sindelar, Mayor COLLABORATION AGREEMENT RELATED TO DISTRIBUTION OF CARES ACT FUNDS This Collaboration Agreement for Funding related to the distribution of CARES Act funds ("Agreement") is made and effective on June , 2020, by and among the Board of County Commissioners of Weld County, Colorado (referred to as "County"), and the City of Greeley, Colorado, the City of Evans, Colorado, the City of Fort Lupton, Colorado, the City of Dacono, Colorado, the City of Longmont, Colorado, the Town of Ault, Colorado, the Town of Berthoud, Colorado, the Town of Eaton, Colorado, the Town of Erie, Colorado, the Town of Firestone, Colorado, the Town of Frederick, Colorado, the Town of Garden City, Colorado, the Town of Gilerest, Colorado, the Town of Grover, Colorado, the Town of Hudson, Colorado, the Town of Johnstown, Colorado, the Town of Keenesburg, the Town of Kersey, Colorado, the Town of La Salle, Colorado, Colorado, the Town of Lochbuie, Colorado, the Town of Mead, Colorado, the Town of Milliken, Colorado, the Town of Nunn, Colorado, the Town of Pierce, Colorado, the Town of Platteville, Colorado, the Town of Raymer, Colorado, the Town of Severance, Colorado, and the Town of Windsor, Colorado, (individually referred to as "Municipality" or collectively as "Municipalities"). (The County and Municipalities will jointly be referred to as the "Parties.") I. RECITALS A. The novel coronavirus referred to as COVID-19 has been declared a worldwide pandemic. National, state, and local emergencies have been declared as a result of COVID-19. B. All of the Parties, as local governmental entities, have expended significant effort and funds to protect the community from the impacts of COVID-19 and to slow its spread. C. Efforts to slow the spread and protect the community are ongoing and will require continued time and funding. Recovery efforts are also ongoing and will require the additional expenditure of time and funds. D. The emergence and rapid spread of COVID-19 was unexpected and unable to be predicted. Therefore, local governments could not have adequately budgeted for such expenses. E. The State of Colorado is appropriating $27,825,189.00 of CARES funding to Weld County local governments to reimburse these unbudgeted expenses through the Department of Local Affairs (DOLA). F. The State of Colorado has designated DOLA as the fiscal agent for the funding which will be administered as a reimbursement program following eligibility verification performed by DOLA for the expenses. G. All parties recognize that it is in the best interest of the Weld County community to work cooperatively to ensure that all of the Weld County allocation is applied to the benefit of Weld County residents rather than allowing the funds to remain unspent and revert to the state-wide reserve fund pool for reallocation elsewhere in the state. H. The criteria for eligibility will be as prescribed in the CARES Act and rules which may be revised from time to time. 2020-1896 Page I of 33 F_' 00 71 �C62o. 13CCO,5q I. The Parties wish to agree on how to divide the appropriated funds for the good of the community. J. The Parties have a successful track record of working together for the benefit of the community. K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into agreements for the purpose of providing any service or performing any function which they can perform individually. II. CONSIDERATION NOW, THEREFORE, in consideration of the covenants and obligations herein expressed, the County and Municipalities agree as follows: III. TERMS AND CONDITIONS A. Commencing on the date of the signing of this agreement and continuing until December 30, 2020, the Parties agree to the following in relation to the CARES Act funds. B. The obligations of the County and Municipalities to commit or expend funds are subject to, and conditioned on, the receipt of the CARES Act funds. C. The funds will be distributed among the parties as outlined in Exhibit A, which is attached hereto and incorporated herein. Exhibit A contains current and projected expenses by each unit of local government in order to establish "drawdown" of funds. D. Each Party is individually responsible for completing all activities necessary to become eligible to receive reimbursement from the CARES Act funds. Failure to do so may result in forfeiture of funds. E. Each Party assumes responsibility for ensuring the funds are only used for eligible expenses as determined by DOLA under the CARES Act criteria. F. Each Party will assume responsibility for initially covering their own costs and await reimbursement from DOLA. No Party will have any expectation of other parties to the agreement providing any money to another. G. All parties can seek partners on projects eligible for CARES reimbursement from among the other agencies' signatory to the agreement. No agency is under any obligation to participate in any such partnership. H. The parties will confer monthly, starting in early September 2020, to share information about the progress of each Party's application of the funds to beneficial use in the community and to ensure all of the allocation amounts are used in Weld County. Page 2 of 33 I. Each Parry will keep an appropriate accounting of the expenditure of funds sufficient to meet the needs of DOLA and their own accounting practices. J. This Agreement is to be construed according to its fair meaning and as if prepared by all parties hereto and is deemed to be and contain the entire understanding and agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by the Parties hereto. K. This Agreement cannot be modified except in writing signed by all Parties. L. This Agreement will be governed by and its terms construed under the laws of the State of Colorado. Venue for any action shall be in Weld County, State of Colorado. M. Nothing contained herein is deemed or should be construed by the Parties or by any third party as creating the relationship of principle and agent, a partnership or a joint venture between the Parties, or an employment relationship between the Parties. N. This Agreement is made for the sole and exclusive benefit of County and Municipalities, their successors and assigns, and it is not made for the benefit of any third party. O. If any term or condition of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a term or condition will not in any way affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such term or condition does not materially prejudice any Party in their respective rights and obligations under the valid terms and conditions of this Agreement. P. No Party will be deemed in violation of this Agreement if prevented from performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which it is not responsible or that are not within its control. Q. This Agreement may be signed by the Parties in counterpart. Page 3 of 33 ATTEST: �-.,,,4z� w td!ci Weld( ;'� ntv Clerk to the 3oard BY; t Deputy Cl c to the 13 r APPROVED AS TO FUNDING: Contra 1 i e� APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR -ADO Mike Freeman, Chair JUN 2 2 2020 �11'I' LOVED AS T[ SUBSTANCE: i Iected Official or Department Head Page 4 of 33 ATTEST: Appro/nd as to fon-n- I 4L,� Yllux CITY OF GREELEYCOLORADO By: Title- Page 5 of 33 Appmed as tq, fbm AtWm CITY OF LYANS COLORADO Page 6 of 33 CITY OF FORT LUPTON, COLORADO Title:TA ATTEST: Approved as to fni' m ty t to e Page 7 of 33 ATTEST: -- - � . —- City 21ork, ValcriE Taylor Approvcd as to form: City Attorney CITY Of-, DACONO, COLORADO VA Title: Page S of 33 CITY OF LONGMONT: MAYOR i TTEST: W� CI Y CLERK APPROVED AS TO FORM: .J� DEPUTY CITY ATTNEY a iLl ,rJmmq APPROVED AS TO FORM AND SUBSTANCE: {0 �! �ZU DATE DATE ORIGINATING DEPARTMENT DATE CA File: 20-000687 Page 8 of 36 App cd as to fla 11] '+ off}� Town W 'lzey TOWN OF AULT, COLORADO By, Title. Page 10 of 33 Approved as to form: Town Attorney Sir('f,N,A'l I IRF'l () HE PROVIDED BYJULY 13,2020 I'OWN 01"BERTHOUD, COLORADO By: 11. Title: Page I I of 33 ATTEST: Appr,{ we(.] as to form: Town Attomey TOWN OF EATON, COLORADO //�By: ... Title Page 12 of 33 A7p. ow, aS to. t'orm Town Attorney TOWN OF ERIE, COLORADO Title: Town Administrator Page 13 of 33 A rov d form: Town A I TOWN OF FIRESTONE, COLORADO Page 14 of 33 ATTEST: as to fo Town Attorney TOWN OF FREDERICK, COLORADO By: Title: Page 15 of 33 ATTEST; Approved as to form: Town Attorney TOWN OF GARDEN CITY, COLORADO Title;00 y��S�IfIIIJ11Ifr LU 6 Lh {} D �.'�N1 .-• Q ti Page 16 of 33 Appro cFd as to f Town Att ey l - TOWN OF GILCREST, COLORADO B: "I. - Title: Page 17 of 33 Approved as to form: Town Attorney TOWN OF GROVER, COLORADO By: _[ Title_ D Page 18 of 33 RESOLUTION NO. 20-13 TITLE: A RESOLUTION APPROVING THE COLLARORATION AGREEMENT WITH WELD COUNTY RELATED TO DISTRIBUTION OF CARES ACT FUNDS NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO, AS FOLLOWS: Section 1. The collaboration agreement with Weld County related to distribution of CARES Act funds, attached hereto as Exhibit 1, and incorporated herein by this reference (the "Agreement"), is hereby approved. The Mayor is authorized to sign the Agreement in substantially the form attached hereto. INTRODUCED, READ and PASSED this 17th day of June, 2020. ATTEST: Charity Camp Id, 4 TOWN OF I IUDSON, COLORADO C? I.11t14 Hargis, ilavoi 19 OF 33 ATTEST: Approved is to berm: Arl - Town Attorney TOWN OF KEENESBURG, COLORADO B Y.- 7/ Tit1c: Page 21 of 33 ATTEST: :1E))�O%-Cd [Iti 10 liorm, Town Attorney TOWN OF KERSEY, COLORADO By: C Title:. ;,. N OF ' . r1l+rlillllttt Page 22 of 3 3 ATTEST: Approved as to form Town Attorney TOWN OF LA SALLE. COLORADO By: Title: I'mi0c 23 of 33 ATTEST: Approved as to form: Town Attorney LO-A Title: Page 24 of 33 LOCHBUIE, COLORADO TOWN OF MEAD, COLORADO By: � xv,I'� Colleen G. Whitlow, Mayor ATTEST: Mary t, Strutt, Town CieMM W �= 'sue -., �, •.• �� - Page 25 of 33 ATTEST: �•y TOWN OF MILLIKEN, COLORADO m Title: Page 26 of 33 ATTEST: Approved as to forrn/���� Town Attorney By: Title TOWN OF NUNN, COLORADO x Page 27 of33 ATTEST: Approved as to form: Town Arney TOWN OF PIERCE, COLORADO By: �19Yvhir7�fi Title: Page 28 of 33 TOWN OF PLATTEVILLE, COLORADO By: Title:. „ . I�Y13Y ATTEST; _ � PLI rfi� :1 SEAL • Approved as to form; / f Town Attorney fJ Page 29 of 3 3 SMNATt ► V TO BF. PROVIT3r:1. By JEJJ,Y 13, 2020 '['isle; ATTEST: Ap roved ws to form: Town Attom cy M ...._ Pap 30 of M TOWN OF SEVERANCE, COLORADO �7 itic: �- ATT1-5T: 0, �! Incaporaied 1920 w Severance. Colorado r Approvul as to I'm I: r1 Page 31 of 33 DocuSign Envelope ID: 8030651A-$50A-4C2F-842F-2575771FF3B1 ATTEST: Approved as to form Town Attorney TOWN OF WINDSOR, COLORADO By: Title: I o_u,,j oneusIS ned by: an McCargar r�i�ora53��a©satn Page 32 of 33 4A. EXHIBIT "A" WORKSHEET ENTITLED ""Weld County Coronavirus Relief Fund Allocation with Contingency " Page 33 of 33 WELD COUNTY Ault Berthoud (Part) Brighton (Part) Dacono Eaton Erie (Part) Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown (Part) Keenesburg Kersey La Salle Lochbuie (Part) Longmont (Part) Mead Milliken Northglenn (Part) Nunn Pierce Platteville Raymer Severance Thornton (Part) Windsor (Part) Unincorp. Area TOTAL EXHIBIT A WELD COUNTY CORON"IRUS RELIEF FUND DISTRIBUTION WITH CONTINGENCY TOTAL DISTRIBUTION $27,825,189 COUNTY OFF TOP $13,225,838 TOTAL DISTRIBUTION $14,599,351 50%or YTD with Maximum Allocation Can Until Continenecy Reallocation $ 42,253 $ 9,988 $ 133,380 $ 127,921 $ 333,102 $ 487,156 $ 341,325 $ 192,567 $ 312,730 $ 11,568 $ 25,645 $ 3,907,393 $ 3,461 $ 76,748 $ 293,752 $ 28,525 $ 37,840 $ 54,495 $ 158,676 $ 16,260 $ 108,549 $ 176,981 5 - $ 10,662 $ 26,853 $ 69,896 $ 2,439 $ 115,564 5 - $ 504,624 $ 1,157,031 2018 POPULATION 314,250 1,819 215 455 5,742 5,507 14,340 20,972 14,694 8,290 13,463 249 1,104 107,026 149 1,652 12,646 1,228 1,629 2,346 6,831 350 4,673 7,619 13 459 1,156 3,009 105 4,975 0 21,724 49,810 Assigned to Cont. Not Eligible Assigned to Cont. Not Eligible Assigned to Cont. Assigned to Cont. Not Eligible COUNTY OFF TOP ALLOCATION COUNTY BUSINESS RELIEF FUND (NOTE 1) MUNICPALITIES TOTAL TOTAL CONTINGENCY TO BE ALLOCATED IN SEPTEMBER-DECEMBER 1,819 215 455 5,742 5,507 14,340 20,972 14,694 8,290 13,463 249 1,104 107,026 149 1,652 12,646 1,228 1,629 2,346 6,831 350 4,673 7,619 13 459 1,156 3,009 105 4,975 0 21,724 49,81 314,250 PERCENTAGE 0.0058 0.0007 0.0014 0.0183 0.0175 0.0456 0.0667 0.0468 0.0264 0.0428 0.0008 0.0035 0.3406 0.0005 0.0053 0.0402 0.0039 0,0052 0.0075 0.0217 0.0011 0.0149 0.0242 0.0000 0.0015 0.0037 0.0096 0.0003 0.0158 0.0000 0.0691 0.1585 1.0000 With Unicoro. Poo. $ 14,599,351 $ 84,507 $ 9,988 $ 21,138 $ 266,760 $ 255,843 $ 666,204 $ 974,312 $ 682,650 $ 385,135 $ 625,461 $ 11,568 $ 51,289 $ 4,972,188 $ 6,922 $ 76,748 $ 587,505 $ 57,050 $ 75,680 $ 108,990 $ 317,353 $ 16,260 $ 217,097 $ 353,962 $ 604 $ 21,324 $ 53,705 $ 139,791 $ 4,878 $ 231,127 $ 1,009,248 $ 2,314,061 $ 14,599,351 $ 13,225,838 $ 2,314,061 $ 12,285,290 $ 27,825,189 NOTE 1: Weld County has committed its entire per capita allocation amount to the County Business Relief Fund Expenses 50% YTD 42253 4994 10569 $ - 133380 $ 50,000 127921 333102 487156 $ 75,986 341325 192567 312730 5784 $ 66,828 25645 _ 2486094 $ 3,907,393 3461 38374 $ 80,186 293752 28525 37840 54495 158676 8130 108549 176981 302 10662 26853 69896 $ 19,700 2439 115564 0 504624 $ 447,894 1157031 $ 6,612,919 $ 4,267,887 $ 6,612,919 $ 13,912,595 $ 8,915,874 $ 15,380,304 $ 12,444,885 INITIAL ALLOCATION AMOUNT $ 20,273,650 $ 9,988 5 - $ 133,380 $ 127,921 $ 333,102 $ 487,156 $ 341,325 $ 192,567 $ 312,730 $ 11,568 $ 25,645 $ 3,907,393 $ 76,748 $ 293,752 5 28,525 $ 37,840 $ 54,495 $ 158,676 $ 16,260 $ 108,549 $ 176,981 $ 26,853 $ 69,896 $ 115,564 $ 504,624 0 $ 27,825,189 $ -