HomeMy WebLinkAboutbocc.res.093.2020EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS ("BOCC") OF PITKIN
COUNTY, COLORADO, AUTHORIZING THE CHAIR
TO SIGN AN INTERGOVERNMENTAL AGREEMENT
FOR CORONAVIRUS RELIEF FUND (CVRF) LOCAL
GOVERNMENT DISTRIBUTION IN PITKIN COUNTY
RESOLUTION NO. M-3 , 2020
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board of
County Commissioners ("BOCC") not requiring ordinance power on matters of significant
importance affecting citizens, and;
WHEREAS, Pursuant to Section 2.8.5 of the HRC the Board is authorized to approve
emergency resolutions, which shall become effective immediately upon adoption, and;
WHEREAS, on January 30, 2020, the World Health Organization declared the worldwide
outbreak of COVID-19 "a public health emergency of international concern;" and on
January 31, 2020, the United States Department of Health and Human Services declared the
virus a public health emergency; and
WHEREAS, on March 8, 2020, the Colorado Department of Public Health and
Environment (CDPHE) confirmed a case of COVID-19 within Pitkin County and public
health experts anticipate that due to the contagiousness of the illness and the fact that
numerous travelers from around the world visit Pitkin County, that the county is a higher
risk of COVID-19 spread; and
WHEREAS, on March 12, 2020, pursuant to C.R.S. § 24-33.5-709(1), Pitkin County
declared a local disaster emergency because the cost and magnitude of responding to and
recovering from the impact of the pandemic is expected to exceed Pitkin County's available
resources; and
WHEREAS, the effect of a declaration of local disaster emergency is to activate the
response and recovery aspects of any and all applicable local and interjurisdictional disaster
and emergency plans and to authorize the furnishing of aid and assistance under such plans,
as set forth in C_R.S. § 24-33.5-709(2); and
WHEREAS, the Board of County Commissioners adopted a Resolution on March 17, 2020
extending Pitkin County's local disaster declaration until rescinded by the Board; and
A
WHEREAS, the conditions that spurred the local disaster emergency declaration have not
abated, as the virus continues to spread within the community and the virus has created a
myriad of economic distresses and unanticipated costs mi American society to individuals
and families, to businesses, and to state and local governments addressing the pandemic's
effects; and
WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid,
Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (the "CARES
Act"), which established a $150 billion Coronavirus Relief Fund (the "Fund"); and
WHEREAS, pursuant to the CARES Act, the United States Treasury ("Treasury") will
make payments from the Fund to States who are responsible for determining how funds will
be distributed to local governments with a population under 500,000 people; and
WHEREAS, Governor Polis issued EXECUTIVE ORDER D 2020 070 Directing the
Expenditure of Federal Funds Pursuant to the Coronavirus Aid, Relief, and Economic
Security Act of 2020, of which $275 million is available for distribution to counties and
municipalities with populations under 500,000; and
WHEREAS, to be eligible for funds under EXECUTIVE ORDER D 2020 070 the county
and all municipalities within the county must agreement on how funds will be distributed;
and
WHEREAS, pursuant to Section 18(2) of Article XIV of the Colorado Constitution and
C.R.S. 29-1-203, as amended, the Local Government and the County have the authority to
enter into intergovernmental agreements and authorizes governments to cooperate by
contracting with one another for their mutual benefit; and
WHEREAS, the Local Government and the County are governmental entities, each with
authority to provide resources and services to citizens contemplated under the CARES Act
as a result of public health emergencies within their respective boundaries; and
WHEREAS, Pitkin County, City of Aspen, Town of Snowmass Village and Town of Basalt
desire to enter into an agreement on the distribution of the CARES Act Funds pursuant and
subject to the terms of this Agreement, and
WHEREAS, a fully executed intergovernmental agreement must be submitted before
CARE Act funds can be distributed to jurisdictions within the County and funds will be
ready for distribution by the the end of the month; and
WHEREAS, The BOCC finds that approval of this resolution is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of Pitkin
County and therefore declares this resolution to be effective immediately pursuant to the
HRC Section 2.8.5.
2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby approves an INTERGOVERNMENTAL AGREEMENT
FOR CORONAVIRUS RELIEF FUND (CVRF) LOCAL GOVERNMENT
DISTRIBUTION IN PITKIN COUNTY and authorizes the Chair to sign the Resolution
and upon the satisfaction of the County Attorney as to form, execute any other associated
documents necessary to complete this matter.
3
INTERGOVERNMENTAL AGREEMENT FOR CORONAVIRUS RELIEF FUND
(CVRF) LOCAL GOVERNMENT DISTRIBUTION IN PITIINN COUNTY
THISTU-117
RGOVERNMENTAL AGREEMENT (the "Agreement") is made this�Y da of
', 2020 by and between the Board of County Commissioners of Pitkin
County, Col ado, whose address is 530 East Main Street, Suite 302 Aspen, Colorado 8161.1
("the County") and the City Council of Aspen Colorado, whose address is 130 S Galena Street,
Aspen CO, 81611 ("the City of Aspen") and The Town Council of Basalt, Colorado, whose
address is 101 Midland Avenue, Basalt, Colorado, 81621 ("the Town of Basalt) and the Town
Council of Snowmass Village, Colorado whose address is 130 Kearns Rd., Snowmass Village,
Colorado, 81615 ("the Town of Snowmass Village").
RECITALS
WHEREAS, This Agreement is entered into pursuant to, inter alfa, C.R.S. §§ 29-1-201, et seq.,
and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, on January 30, 2020, the World Health Organization declared the worldwide
outbreak of COVID-19 "a public health emergency of international concern;" and on January 31,
2020, the United States Department of Health and Human Services declared the virus a public
health emergency; and
WHEREAS, on March 8, 2020, the Colorado Department of Public Health and Environment
(CDPHE) confirmed a case of COVID-19 within Pitkin County and public health experts
anticipate that due to the contagiousness of the illness and the fact that numerous travelers from
around the world visit Pitkin County, that the county is a higher risk of COVID-1.9 spread; and
WHEREAS, on March 12, 2020, pursuant to C.R.S. § 24-33.5-709(1), Pitkin County declared a
local disaster emergency because the cost and magnitude of responding to and recovering from
the impact of.the pandemic is expected to exceed Pitkin County's available resources; and
WHEREAS, the effect of a declaration of local disaster emergency is to activate the response and
recovery aspects of any and all applicable local and inter urisdictional disaster and emergency
plans and to authorize the furnishing of aid and assistance under such plans, as set forth in C.R.S.
§ 24-33.5-709(2); and
WHEREAS, the Board of County Commissioners adopted a Resolution on March 17, 2020
extending Pitkin County's local disaster declaration until rescinded by the Board; and
WHEREAS, the conditions that spurred the local disaster emergency declaration have not
abated, as the virus continues to spread within the community and the virus has created a myriad
of economic distresses and unanticipated costs in American society to individuals and families,
to businesses, and to state and local governments addressing the pandemic's effects; and
WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid,
Relief, and Economic Security Act, Pub, L. No. 116-136, div. A, Title V (the "CARES Act"),
which established a $150 billion Coronavirus Relief Fund (the "Fund"); and
WHEREAS, pursuant to the CARES Act, the United States Treasury ("Treasury") will make
payments from the Fund to States who are responsible for determining how funds will be
distributed to local governments with a population under 500,000 people; and
WHEREAS, Governor Polis issued EXECUTIVE ORDER D 2020 070 Directing the
Expenditure of Federal Funds Pursuant to the Coronavirus Aid, Relief, and Economic Security
Act of 2020, of which $275 million is available for distribution to counties and municipalities
with populations under 500,000; and
WHEREAS, to be eligible for funds under EXECUTIVE ORDER D 2020 070 the county and all
municipalities within the county must agreement on how funds will be distributed; and
WHEREAS, pursuant to Section 18(2) of Article XIV of the Colorado Constitution and C.R.S.
29-1-203, as amended, the Local Government and the County have the authority to enter into
intergovernmental agreements and authorizes governments to cooperate by contracting with one
another for their mutual benefit; and
WHEREAS, the Local Government and the County are governmental entities, each with
authority to provide resources and services to citizens contemplated under the CARES Act as a
result of public health emergencies within their respective boundaries; and
WHEREAS, Pitkin County, City of Aspen, Town of Snowmass Village and Town of Basalt
desire to enter into an agreement on the distribution of the CARES Act Funds pursuant and
subject to the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Funding. The County will submit a request for CARES Act Funding under EXECUTIVE
ORDER D 2020 070 to the Colorado Department of Local Affairs. Upon receipt of funds
the County will disburse funds to municipalities as further described in this agreement.
2. The Local Government's Share of the Fund. The County and the Local Government hereby
agree that the Local Government's share of the Fund shall be divided as follows:
2.1. The county shall receive 55% of CARES Act Funds awarded to Pitkin County;
2.2. 45% of CARES Act Funds awarded to Pitkin County shall be distributed to
municipalities based on each jurisdiction's population living in Pitkin County as
determined by the most recent 2018 estimates from the State Demographer's Office:
2018 % of Municipal % of Total
Population Population in Distribution
from State Pitkin County
Demographer
Aspen 7,343 66% 30%
Snowmass Village 2,784 25% 11%
°
Basalt 976 9% 4%
3. The Local Government's Obligation. By signing this Agreement, each Local Government
hereby certifies that the Local Fund Distribution Amount will be used by the Local
Government only to cover those costs and expenses that are eligible expenses in
compliance with the CARES Act and:
3.1. are necessary expenditures incurred due to the public health emergency with respect
to the Coronavirus Disease 2019 (COV1D-19);
3.2, were not accounted for in the budget most recently approved as of March 27, 2020,
for the Local Government; and
3.3. were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020 (collectively, "Eligible Expenses").
4, Use of Funds and Reporting_
4.1. Use of Funds. On or before December 30, 2020, the Local Government shall use the
Local Fund Distribution Amount for Eligible Expenses in accordance with local, state
and federal law, including all U.S. Department of Treasury guidance relating to the
CARES Act. And each jurisdiction agrees to return to the Colorado Department of
Local Affairs all unused amounts of the Local Fund Distribution Amount in its
possession as of December 30, 2020.
4.2. Expenditures and Accounting. The CARES Act imposes expenditure and accounting
obligations upon local governments receiving CARES Act funds.
The Local Government agrees to he responsible for ensuring that it spends,
documents, and accounts for its portion of the CARES Act Fund received in strict
compliance with the CARES Act requirements. Because the CARES Act is recent
legislation, the Parties anticipate that additional federal legislation, rules, and
regulations may be promulgated regarding the expenditure and accounting
requirements. Each Local Government agrees to familiarize itself with, and shall
adhere to, all current and subsequent legislation, rules, and regulations.
4.3. Audit. The Local Government also agrees to fully and completely cooperate with the
County in any audit of the CARES Act funding provided to the Local Government
pursuant to this Agreement. If the County incurs legal expenses relating to an audit of
the Local Government's expenditure of the Local Fund Distribution Amount, the
Local Government agrees to pay the County's reasonable attorneys' fees and costs
associated with such audit and/or any legal action in which the Local Government is
alleged to have used the CARES Act funding for Local Government's ineligible
expense.
4.4. Return of Unused Funds. The Parties acknowledge that the CARES Act requires
Local Governments to return all Funds that have not been spent as of December 30,
2020. For purposes of this Agreement, "spent" means that a Local Government has
paid for and received the goods or services and actually expended the funds. Ordering
or contracting to receive goods or services is not considered "spent" for purposes of
this Agreement. All goods and services purchased with CARES Act Funding must be
received on or before December 30, 2020. For any grants issued by the Local
Government using CARES Act Funding, the term "spent" means that the grant
funding must be distributed by the Local Government to the recipient on or before
December 30, 2020.
4.5. To ensure that the maximum amount of CARES Act Funds are expended by this
deadline for the benefit of Pitkin County residents and businesses, the Local
Government agrees to work with the other parties to this agreement to determine
whether any of its Local Fund Distribution Amount will not be expended as of
December 30, 2020. To ensure that the maximum amount of funds are utilized by the
deadline, the Local Government agrees to distribute unused portions of CARES Act
funds to another party to this agreement with qualifying expenses. Any unreturned,
unused amount of the Local Government's Local Fund Distribution in the Local
Government's possession as of December 30, 2020, must be returned to the United
States Department of Treasury per the terms of the CARES Act.
5. Non -Compliance. In the event the Local Government fails to comply with any of the
requirements of the CARES Act with respect to the Local Fund Distribution Amount, the
federal government may seek reimbursement of such funds. If the federal government seeks
reimbursement of all or a portion of the Local Fund Distribution Amount spent by the Local
Government, the Local Government shall be solely responsible for reimbursing said funds
to the federal government.
6. Term. This Agreement begins on the date of full execution by the Parties to this Agreement
and shall expire on June 30, 2021. The Parties, however, acknowledge all continuing
performance obligations, related to record retention as required by the federal government.
Local Government agrees to execute an extension of this Agreement timely and in good
faith as may be necessitated. The County reserves the right to terminate this Agreement at
any time if the Local Government is not in material compliance with the terms hereof.
7. Assignability. This agreement is not assignable by any party.
8. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by authorized
officers of each party.
9. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and
all other promises and agreements relating to the subject of this Agreement, whether oral or
written, are merged herein.
10. Severability. Should any one or more sections or provisions of this Agreement be judicially
adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the
remaining provisions of this Agreement, the intention being that the various sections and
provisions hereof are severable.
11. Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw
from this Agreement, with or without cause, by giving written notice to the other Parties of
such termination and specifying the effective date thereof. Such notice shall be given at
least ten (10) days before the effective date of such termination_ Termination of the
Agreement relieves the cancelling or withdrawing Party of any further responsibility under
this Agreement except for specifically identified obligations of a continuing nature based
upon past performance under the Agreement.
12. Notice. Any notice required or permitted under this Agreement shall be in writing and shall
be provided by electronic delivery to the e-mail addresses set forth below and by one of the
following methods 1) hand -delivery or 2) registered or certified mail, postage pre -paid to
the mailing addresses set forth below. Each party by notice sent under this paragraph may
change the address to which future notices should be sent. Electronic delivery of notices
shall be considered delivered upon receipt of confirmation of delivery on the part of the
sender. Nothing contained herein shall be construed to preclude personal service of any
notice in the manner prescribed for personal service of a summons or other legal process.
To: Pitkin County With copies to: Pitkin County Attorney's
Office 530 East Main Street, Ste. 301 Aspen,
CO 81611 attorneykpitkincounty.com
To: City of Aspen
To: Town of Basalt
To: Town of Snowmass Village
With copies to: Aspen City Manager 130 S
Galena Street Aspen CO, 8161.1
With copies to: Basalt Tow Manager 101
Midland Avenue Basalt CO, 81621
With copies to: Snowmass Village Town
Manager 130 Kearns Rd.
Snowmass Village, CO 81615
13. Government Immunity. The parties agree and understand that all parties are relying on and
do not waive, by any provisions of this Agreement, the monetary limitations or terms or any
other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise
available to the parties or any of their officers, agents, or employees.
14. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of the parties. The parties' obligations under this Agreement are
subject to each individual party's annual right to budget and appropriate the sums necessary
to provide the services set forth herein. No provision of this Agreement shall be construed
or interpreted as creating a multiple fiscal year direct or indirect debt or other financial
obligation of either or both parties within the meaning of any constitutional or statutory
debt limitation. This Agreement shall not be construed to pledge or create a lien on any
class or source of either parties' bonds or any obligations payable from any class or source
of each individual party's money.
15. Binding Rights and Obligations. The rights and obligations of the parties under this
Agreement shall be binding upon and shall inure to the bene -fit of the parties and their
respective successors and assigns.
16. Agreement made in Colorado. This Agreement shall be construed according to the laws of
the State of Colorado, and venue for any action shall be in the District Court in and for
Pitkin County, Colorado.
17. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of
this Agreement, the substantially prevailing party, whether by final judgment or out of court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney fees.
18. No Waiver. The waiver by any party to this Agreement of any term or condition of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by any
party.
19. Authority. Each person signing this Agreement represents and warrants that said person is
filly authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof_
The foregoing Agreement was approved by the Board of County Commissioners of Pitkin
County, Colorado at its regular meeting held on the 22nd day of July, 2020.
The foregoing Agreement was approved by the Aspen City Council at its regular meeting held
on th�5th of 3uniftay of, 2020.
The foregoing Agreement was approved by the Basalt Town Council at its regular meeting held
on the23rd of 3ufty of, 2020.
The foregoing Agreement was approved by the Town of Snowmass Village at its regular
meeting held on the 20111 day of July, 2020
In Witness whereof, the parties hereto have caused this agreement to be executed as of the day
and year first above written_
City of Aspen
B
Title town manager
Town of Basalt
LE
�JM, Nl.A6"
Title Town Manager
Town of Snowmass Village
By; ,mL- noe�
Titie 0'2 e.
INTRODUCED, RE AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE
DAY OF 2020 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE 9-�'�-DAY OF 2020_
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THEDAY OF ✓t 2020.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.co .com ON THE nJAY OF 2020.
CONFIRMED AT A PUBLIC HEARING ON THE 1V-4' DAY OF kw " T
2020. t�
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HE G, IN THE ASPEN TIMES WEEKLY ON THE DAY OF
— — .s°,, 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.12itkincounty.com ON THE / `"DAY OF ,6 Gam-' 2020.
ATTEST:
By 3MVU& )btALS
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
-�� f�j
John Ely, County Attorney
Effective 01-01-2020
BOARD OF COUNTY COMMISSIONERS
Rm
S F. CLu
Steven F. Child, Chair
Date:
cul -24-2020
MANAGER APPROVAL
Jon Peacock, County Manager
4
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By, S4.. F. G(..'ld. Sep -17-2020
Steven F
Child, Chair
Manager Approval:
By: P[ Ius kAy-
Phylis Mattice for
Jon Peacock, County Manager
APPROVED AS TO FORM
By: ::Sow, L:17
John Ely, County Attorney
Exhibit A
Reso 20-24
Page 7 of S
18. No Waiver. The waiver by any party to this Agreement of any term or condition of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by any
part'.
19. Authority. Each person signing this Agreement represents and warrants that said person is
fully authorized to enter into and execute this Agreement and to bind the
party it representsto the terms and conditions hereof.
The fore2oin- Agreement is approved by the Board of County Commissioners of
Pitkin County. Colorado at its regular meeting held on the day of, 2020
The foregoin- Aureement is approved by the Aspen City Council at its regular rneetine
held on the day of, 2020.
The foregoing Agreement is approved by the Basalt Town Council at its regular meeting
held on the - day of. 2020.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County.
Colorado at its regular meeting held on the clay of 2020,
The foregoing Agreement is approved by Town of Snovi'mass Village at its regular
meeting held on the 20" clay of July 2020.
In Witness whereof, the parties hereto have caused this agreement to be executed as of the day
and year first above written.
City of Aspen [insert signature block]
Town of Basalt [insert signature block]
Town of Snowmass Village
By: ,, n
Clinton M. Kinney, To vn Manager
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Steven F. Child, Chair
Manager Approval:
ATTEST:
Rhonda B. Coxon, Town Clerk
APPROVED AS TO FORM
B l : --
John Ely, County Attorney