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HomeMy WebLinkAboutC20-283 City of Aspen IGAINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CITY OF ASPEN, COLORADO FOR THE PROVISION OF FINANCIAL ASSISTANCE RELATED TO THE LOCAL DISASTER EMERGENCY DECLARED REGARDING THE SPREAD OF COVID-19. THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ___________, by and between the Board of County Commissioners of Eagle County, Colorado, whose address is 500 Broadway, Eagle, Colorado 81631 (“Eagle County”) and the City of Aspen, Colorado, whose address is 130 S. Galena St., Aspen, CO 81611 (“City of Aspen”). RECITALS WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution, and; WHEREAS, Eagle County and the City of Aspen wish to enter into an intergovernmental agreement for the purpose of allowing Aspen to contribute funds to assist in Eagle County’s COVID-19 Public Health Emergency Response; and WHEREAS, both Eagle County and the City of Aspen are governments authorized to enter into agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function, service, or facility lawfully authorized to each; and WHEREAS, the City of Aspen recognizes the City’s workforce resides throughout the Roaring Fork Valley including portions of Eagle County; and WHEREAS, both Eagle County and the City of Aspen have issued declarations of local disaster emergency pursuant to state statute as a result of the spread of COVID-19; and WHEREAS, as a result of orders issued by the Governor of the State of Colorado, the Colorado Department of Public Health and Environment, and Eagle County Public Healthr, there is an increasing burden on Eagle County residents, including those working in the City of Aspen. Eagle County and City of Aspen residents are experiencing economic and social hardships due to the impact of COVID-19. Examples of assistance to Eagle County and City of Aspen residents that may alleviate some of the hardship include but are not limited to rental/mortgage assistance, utility assistance, emergency food assistance, household supplies, and transportation assistance; and WHEREAS, based on those increasing burdens Eagle County has authorized the expenditure of county dollars in the amount of $1,150,000 for the purpose of providing emergency funding to Eagle County residents and community partners The City of Aspen wishes to provide an additional $50,000 to support the Public Health Emergency Response Fund for the benefit of Eagle County residents residing within the Roaring Fork Valley; and DocuSign Envelope ID: 7A9B9A33-E947-4090-A699-64DF50BD4E4B 7/21/2020 C20-283 2 WHEREAS, the Board of County Commissioners of Eagle County finds that it is in the best interests of the citizens of Eagle County, including those working in the City of Aspen, to accept the contribution of the City of Aspen to the Public Health Emergency Response Fund; and WHEREAS, the parties are willing to enter into this agreement to provide direction on the receipt and administration of the funds provided by the City. 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. Upon the execution of this agreement, the City of Aspen will deliver to Eagle County $50,000 for use by the Public Health Emergency Response Fund on such conditions as set forth herein. Through additional appropriations from the City of Aspen, or through donations that are received by the City of Aspen from private sources for contribution to this fund, the City of Aspen may provide additional sums to Eagle County for use by the Public Health Emergency Response Fund on such conditions as set forth herein. 2. The funds provided by the City of Aspen shall be used to offset emergency assistance allocations to individuals who are residing within the Roaring Fork Valley portion of Eagle County to alleviate the hardships associated with the spread of COVID-19 and upon proper application and review by Eagle County, consistent with the means tested rules provided by Eagle County for distribution of its funds. 3. Assignability. This agreement is not assignable by either party. 4. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective governing bodies of the Governments and signed by authorized officers of each party. 5. 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. 6. 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. 7. 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 DocuSign Envelope ID: 7A9B9A33-E947-4090-A699-64DF50BD4E4B 3 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. If there is a balance of unused funds at the time of the effective date of termination, such funds shall be returned to the City, unless the parties agree that the County can continue the distribution of the balance of the funds under the terms set forth herein. 8. 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: Eagle County With copies to: Director of Human Services Eagle County Attorney’s Office P.O. Box 850 P.O. Box 850 500 Broadway 500 Broadway Eagle, CO 81631 Eagle, Colorado 81631 megan.burch@Eaglecounty.us bryan.treu@eaglecounty.us To: City of Aspen City Manager Sara Ott Sara.ott@cityofaspen.com 9. Government Immunity. The parties agree and understand that both 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. 10. 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. DocuSign Envelope ID: 7A9B9A33-E947-4090-A699-64DF50BD4E4B 4 11. Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 12. No Third Party Beneficiary. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of this IGA, and no other person or entity is so intended. 13. Amendments. Amendments to this IGA may be made with consent in writing by all the Parties. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile signatures shall be acceptable and binding on all parties. 15. 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 Eagle County, Colorado. 16. 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. 17. 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. 18. 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 represents to the terms and conditions hereof. 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 APPROVED AS TO FORM By:_________________________ By:___________________________ Torre, Mayor James R. True, City Attorney Manager Approval: By:______________________ Sara G. Ott, City Manager DocuSign Envelope ID: 7A9B9A33-E947-4090-A699-64DF50BD4E4B 5 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By:_______________________ By:__________________________ Kathy Chandler-Henry Chair Bryan Treu, County Attorney Manager Approval: By:______________________ Jeff Shroll, County Manager DocuSign Envelope ID: 7A9B9A33-E947-4090-A699-64DF50BD4E4B