Resolution 2013-47 - Needs Fully Executed Agreement

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affecting the HMM Facility, and rely on the expertise of the County and the County's Hazardous Waste, Waste and Recycling Contractor(s) for such purposes, however, the zoning and land use decisions by a Municipality with jurisdiction over the HMM Facility are not disclaimed. C. By entering into this Agreement, neither the County nor the Municipalities waive or intend to waive, as to any person not a Party to this Agreement, the monetary limitations or any other rights, immunities, and protections which are provided to the County and the Municipalities under the Colorado Governmental Immunity Act, Section 24 -10 -101 et.seq., C.R.S. D. Any information or materials developed by the HMM Program, Hazardous Waste, Waste or Recycling Contractors shall be made available to all Parties through the HMM Committee. V. RESIDENTIAL OPERATING COSTS A. The cost of providing residential Household Hazardous Waste collection services at the 1-MM Facility is estimated each year based upon historic use and growth rates in residential participation and on unit costs per household. Residential costs include labor, operating supplies and packing materials, - transportation, recycling and /or disposal and education materials, minus revenues for the sale of recyclable materials (lead -acid batteries, motor oil), CESQG Business Waste handling fees or operational surcharges, collection event reimbursements, donations, and any other deductions. It is the intention of the Parties that each Municipality will fund a pro -rated share of quarterly residential program costs based on the number of residents from each Municipality that use the HMM Facility each quarter. B. During the term of this Agreement, the County Administrative Services Department, Resource Conservation Division, will provide HMM Committee members with a budget projection for the following year substantially in the form attached hereto as Attachment A. The projection will estimate the amount of each Party's contribution for the following year. Budget projections for the following year will be provided to each Party on or before May 1 of the preceding year for each year this Agreement is in effect. This budget shall become final unless any Party objects by June 30th of the preceding year. C. During each year this Agreement is in effect, the County Administrative Services Department, Resource Conservation Division, will supply regular information on participation levels in each community and actual operating costs, and will make best efforts to ensure that operating costs are not incurred above the agreed -upon estimate without prior approval from the affected Municipality. D. After all program expenses through each quarter of the current year have accrued (or have been estimated for the month of December only), the County shall calculate the share of costs for each Party as follows: Each Party's contribution for the quarter = actual program costs for the quarter, plus estimated program costs for December only if applicable, minus any deductions as described in VI A. above„ for the quarter, multiplied by the actual residential percentage participation for the County or Municipality for the quarter based on the I-IMM Program's customer database. The share of costs for the first quarter of the following year will include an adjustment to reconcile estimated versus actual expenses for the previous December. E. Each Party pledges to appropriate funds for its pro -rated share of operating expenses as specified in this Section V and annual budget projections, but no Party shall be liable for any such amounts unless and until the governing body of such Party has appropriated funds pursuant to this Agreement. However, each Party shall be liable for payment of monies so appropriated, and any of the remaining Parties may 5