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DocuSign Envelope ID: 6C0D09C3-9F10-49BE-9629-9DC29C77F48E <br />SECOND AMENDMENT OF INTERGOVERNMENTAL AGREEMENT <br />FOR HAZARDOUS MATERIALS MANAGEMENT <br />This Second Amendment of the Intergovernmental Agreement for Hazardous Materials <br />Management ("Second Amendment") is effective as of 12/14/2021 ("Effective Date") <br />and is made by and among the Board of County Commissioners on behalf of the County of <br />Boulder, State of Colorado, a body corporate and politic ("County"), the City and County of <br />Broomfield, the City of Boulder, City of Lafayette, City of Longmont, City of Louisville, the <br />Town of Erie and Town of Superior, each a municipal corporation. <br />RECITALS <br />A. The Parties have entered into an Intergovernmental Agreement for Hazardous Materials <br />Management dated January 30, 2014, as amended by the Renewal & Amendment of the <br />Intergovernmental Agreement for Hazardous Materials Management, effective January 1, <br />2019 (collectively, the "Agreement"). <br />B. An expansion to the HMM Facility (the "Expansion") is necessary in order to meet the <br />current and growing needs of the Boulder County community for hazardous materials <br />management collection. <br />C. The final cost estimate and required Party contributions for the Expansion are set forth in <br />Section 4 below. <br />D. In the Agreement, the Parties anticipated that (1) there may one day be a need for an <br />Expansion, and (2) the costs of such Expansion would be shared proportionally among <br />the Parties. <br />E. As required by the Agreement, the Parties have been contributing to a fund to be used <br />only for future equipment needs or facility expansion or replacement ("Restricted Fund"), <br />but the total amount currently in the Restricted Fund is insufficient to finance the cost of <br />the Expansion. <br />F. Now that the details and cost of the Expansion have been determined, the Parties wish to <br />approve the use of the Restricted Fund to finance the Expansion and clarify the financial <br />commitments of each Party related to financing the Expansion in full. <br />DETAILS <br />1. The Parties hereby approve the Expansion. <br />2. As required by Article VIII(A), the Parties hereby approve the use of all amounts in the <br />Restricted Fund to finance the Expansion. <br />3. By October 1, 2021, each Party will contribute (a) any past due Restricted Fund <br />contributions and (b) the additional amount, in each case, as indicated for such Party in <br />Section 4 to fully finance the Expansion. <br />Second Amendment of Intergovernmental Agreement for Hazardous Waste Management <br />