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Utah County approves interlocal agreement to allocate CARES Act funds to cities with indemnity and anti‑double‑dipping edits
Summary
The board approved an interlocal cooperative agreement to distribute CARES Act money to cities, accepting language that limits recipient liability for misuse of parts 2 and 3 of the county allocation and adding a clarification to prevent double‑dipping of funds.
The Utah County Board of Commissioners voted to approve an interlocal cooperative agreement that sets out how CARES Act funds will be distributed to cities and the unincorporated county.
County attorney staff drafted the agreement and described a process of working with city attorneys to refine several clauses. Robert Morin of the County Attorney’s Office said he accepted changes to section 10 (termination) but recommended leaving section 1 (a $20 million portion of the County allocation) vague because governance for that portion had not been finalized. Morin proposed limiting the explicit indemnity protection to parts 2 and 3 of the county allocation.
A city attorney addressing the commission urged adoption of changes to section 4.2 to prevent “double‑dipping,” explaining the proposed language: “recipient may not use any portion of the county allocation to cover expenditures for which recipient receives reimbursement from another source.”
Morin said the county’s concern was ensuring cities would not later seek county COVID‑related funds for expenses already reimbursed by other sources, and he suggested clarifying that the prohibition apply to COVID‑related funding.
After discussion, commissioners moved to approve the interlocal cooperative agreement with the modification that recipients are not responsible for other recipients’ or the county’s misuse of parts 2 and 3 of the county allocation, and to adopt the uploaded funding distribution chart. The motion passed on a unanimous recorded voice vote (2‑0).
The approved agreement includes an exhibit that lists distribution amounts for each city and the unincorporated county. County staff said additional work is needed on part 1 of the allocation and that mayors and city attorneys will continue coordination on governance and liability language.
