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Home My WebLink About20201896.tiffRESOLUTION RE: APPROVE COLLABORATION AGREEMENT FOR DISTRIBUTION OF CORONAVIRUS (COVID-1 9) AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS AND AUTHORIZE CHAIR TO SIGN 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 a Collaboration Agreement for the Distribution of Coronavirus (COVID-19) Aid, Relief, and Economic Security (CARES) Act Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and various municipalities of Weld County as listed below, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and • City of Greeley • City of Evans • City of Fort Lupton • City of Dacono • City of Longmont • Town of Ault • Town of Berthoud • Town of Eaton • Town of Erie • Town of Firestone • Town of Frederick • Town of Garden City • Town of Gilcrest • Town of Grover • Town of Hudson • Town of Johnstown • Town of Keenesburg • Town of Kersey • Town of LaSalle • Town of Lochbuie • Town of Mead • Town of Milliken • Town of Nunn • Town of Pierce • Town of Platteville • Town of Raymer • Town of Severance • Town of Windsor 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 Collaboration Agreement for the Distribution of Coronavirus (COVID-19) Aid, Relief, and Economic Security (CARES) Act Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the various municipalities of Weld County as listed above, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. ee: f tut)), . ( r3L-,cb) O7/17/2O 2020-1896 F10071 BC0054 COLLABORATION AGREEMENT FOR DISTRIBUTION OF CORONAVIRUS (COVID-19) AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dathot J L Weld County Clerk to the Board BY Deputy Clerk to the Board APPS CD A I County ' orney Date of signature' Oh /25/2..O Mike Freeman, Chair Steve !]IJ6reno, Pro-Tem 2020-1896 F10071 BC0054 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 Gilcrest, 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 1 of 33 067,1% F' coo 71 i3coo5sI 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 Party 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: JCLici Weld C L my Clerk to the 3oard BY: Deputy Cl c to the 13 APPROVED AS TO FUNDING: APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JUN 2 2 2020 API'tOVED AS T[ SUBSTANCE: lected Official or Department Head Page 4 of 33 ZO2 �-/194 CITY OF GREELEY COLORADO ATTEST: Apprnv: .d as to form: f?at Cis A torney By; Title: { ajf ,y(,:( CI 4.1 04C1--Actc'ev-- r Page 5 of 33 CITY OF EVANS COLORADO ATTEST: Approved ao to form: At tarn Ely: ,�,001111ilfrrffrr` yi f/'`R�JI F i 1 Y •i r • { { y 1 OLORI\rrrrr711f111ti111�y` Page 6 of 33 CITY OF FORT LUPTON, COLORADO ATTEST: Approved as to form: Page 7 of 33 CITY OF DACONO, COLORADO ATTEST: City Clerk, Va[crikVI'aylor tpprovcd as to form: h• City Attorney By: Title: Page S of 33 CITY OF LONGMONT: CITY CLERK APPROVED AS TO FORM: jvvACAAA ir 0/2-0 DEPUTY CITY AU NEY DATE C -Pt 61A41Jq≥keQp PROOFREAD APPROVED AS TO FORM AND SUBSTANCE: 6,'ti /D.oaD DATE ORIGINATING DEPARTMENT DATE CA File: 20-000687 Page 8 of 36 TOWN OF AULT, COLORADO 1.40,004, App)u ed as to fo n. Town to ney By: Title: O 4,-10►. 9 -Gi\-• I Page 10 of 33 Approved as to form: Town Attorney .FOWN OF BLRTI LOUD, COLORADO By "Title: Page 11 of 33 TOWN OF EATON, COLORADO By: Title: ATTEST: /9)/P/L7 r r 1ti cr I: I LCD.+q:xt"k ..� j,it,i..L L L1r ) Qi_A-_ )� : F ' � 1' SE:` .. O f: Appn Fvcc1 as to form: Town Attorney Page 12 of 33 TOWN OF ERIE, COLORADO A p. ovtd as 1)1Q ...O? (1..14((e,4,A,e_irAoi Town Attorney By: Title: Page 13 of 33 _,1449 \ Town Administrator TOWN OF FIRESTONE, COLORADO Page 14 of 33 TOWN OF FREDERICK, COLORADO ATTEST: By: Title: AJUI C' i►-� Town Attorney Page 15 of 33 TOWN OF GARDEN CITY, COLORADO By: Title: ATTEST; Approved as to form: Town Attorney Page 16 of 33 TOWN OF GILCREST, COLORADO ATTEST: Town Att Approyd as to f Page 17 of 33 TOWN OF GROVER, COLORADO ATTEST: plf\ra,((i Approved as to form: Town Attorney By: Tide_ tm.ki 0 L eet•-• 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 I . 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, TOWN OF I IUDSON, COLORADO Lau]. Hargis, ?lavoi ATTEST: Charity Camp td, 19 OF 33 TOWN CM JOHNSTOWN, COLORADO .�, . 6 as to form: Town • { Title: -_ III s '1 Page 20 of 3 TOWN OF KEENESBURG, COLORADO ATTEST: I J• I171 Approved as to form: Town Attorney By: / Title: �� {(7 Page 21 of 33 TOWN OF KERSEY, COLORADO ATTEST: AppyiNyect as to Forrn.7 .r�._�. Town Attorney By: A-7 Title: Page 22 of 33 TOWN OF LA SALLE, COLORADO By: Title: ATTEST: Approved as to form. Town Attorney Page 23 of 33 TOWNdDF LOCHBUIE, COLORADO ATTEST: Approved as to form: By: Title: Town Attorney Page 24 of 33 TOWN OF MEAD, COLORADO By: Colleen G. Whitlow, Mayor ATTEST: . Mary r:i. Strutt, Town clef:4 (` , -., •. 'sue ,.• �} - Page 25 of 33 TOWN OF MILLIKEN, COLORADO By: Title: -4,D 6 . ' c.c&I ATTEST: -__,.c.c)72.„Ze„ Page 26 of 33 ATTEST: (_/( Approved as to form Town Attorney 40*---eX TOWN OF NUNN, COLORADO By: Title: Page 27 of 33 TOWN OF PIERCE, COLORADO By: Title: ATTEST: Approved as to form: Town Aiorney 7141,07 Page 28 of 33 TOWN OF PLATTEVILLE, COLORADO ATTEST: Approved as to form: / • f Town Attorney By: Title: -. • Page 29 of 33 S1(NATTIRP.. TO BF. IROVIDLL)13Y JULY J3, 2020 TOWN OF R AYM'ER, COLORADO r%TTES1': 44400 Approved as to form: Town Attoni cy Pap 30 of 3S TOWN OF SEVERANCE, COLORADO BY: Q/ ATTEST: Tow cIef-L. Approved :d as to firrlt�: ,— = t—= `1 own /(t cjrrney ac Se vo 1.0 -V ' ') it ,5 y O O Incorporated 1920 Severance, Colorado Page 31 of 33 DocuSign Envelope ID: 8O30651A-650A-4C2F-842F-2575771FF3B1 Approved as to form: iDeeuslg lied by: By: Title: u,}/ IAA -001/461g_ TOWN OF WINDSOR, COLORADO Ian McCargar F3c;[rILISnUn©aaln Town Attorney Page 32 of 33 EXHIBIT "A" WORKSHEET ENTITLED ""Weld County Coronavirus Relief Fund Allocation with Contingency" Page 33 of 33 EXHIBIT A WELD COUNTY CORONAVIRUS RELIEF FUND MST TOTAL DISTRIBUTION $27,825,189 COUNTY OFF TOP $13,225,838 TOTAL DISTRIBUTION $14,599,351 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 2018 POPULATION 314,250 1,819 Assigned to Cont. 215 455 Not Eligible 5,742 5,507 14,340 20,972 14,694 8,290 13,463 249 1,104 107,026 149 Assigned to Cont. 1,652 12,646 1,228 1,629 2,346 6,831 350 4,673 7,619 13 Not Eligible 459 Assigned to Cont. 1,156 3,009 105 Assigned to Cont. 4,975 0 Not Eligible 21,724 49,810 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 49,810 314,250 UTION WITH CONTINGENCY With Unicorp. Pop. PERCENTAGE $ 14,599,351 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 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 25 645 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 $ 13,912,595 $ 8,915,874 50% or YTD with Maximum Allocation Cap INITIAL Until Contingnecy Reallocation ALLOCATION AMOUNT $ 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 10,662 26,853 69,896 2,439 115,564 504,624 1,157,031 $ 6,612,919 $ 15,380,304 $ 1.2,414,885 20,273,650 9,988 133,380 127,921 333,102 487,156 341,325 192,567 312,730 11,568 25,645 3,907,393 76,748 293,752 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 $ Hello