Resolution 2023-18 - Needs Signed Agreement

Home Browse Search

March 9, 2023 FINAL 3.06 All financial obligations of the PARTIES are subject to annual budgeting and appropriation by the PARTIES' respective governing boards in their discretion. Upon non -appropriation by a PARTY'S governing board, all benefits accruing to such non -appropriating PARTY here- under shall cease immediately, and such PARTY shall be relieved from all future fiscal -year financial obligations; provided, however, that, such non -appropriating PARTY shall forfeit all funds already contributed by such PARTY to the KICP. SECTION 4. Contracting/Fiscal Agent 4.01 The Contracting/Fiscal Agent shall be the treasurer of KICP funds. The Contracting/Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the KICP funds segregated from any other funds administered by the Contracting/Fiscal Agent; shall credit the KICP with appropriate interest income earned on KICP funds in each calendar year; and shall not expend any funds except in accordance with the annual KICP Budget approved by the Steering Committee or as otherwise directed by the Steering Committee. 4.02 Unless otherwise decided by a majority vote of the Steering Committee, or as otherwise out- lined in this Agreement, BOULDER COUNTY shall serve as the Contracting/Fiscal Agent for the Plan. 4.03 In the event that the Contracting/Fiscal Agent withdraws from providing Contracting/Fiscal services to the KICP or the Steering Committee chooses to discontinue the services of the Contracting/Fiscal Agent, another PARTY may serve as a successor Contracting/Fiscal Agent. One hundred and twenty (120) days written notice shall be provided to the PARTIES in the event of withdrawal or discontinuation of the services of the Contracting/Fiscal Agent. Selection of a Contracting/Fiscal Agent must be by majority vote of the entire Steering Com- mittee. 4.04 The Contracting/Fiscal Agent shall execute contracts which have been requested and ap- proved by the Steering Committee. 4.05 The governing body of the Contracting/Fiscal Agent, at its discretion, may delegate the au- thority to execute agreements and contracts approved by the Steering Committee to a desig- nated employee. Notice of any such delegation of authority shall be provided to the Steering Committee. 4.06 The Contracting/Fiscal Agent may request, as part of the annual KICP Budget, reimbursement for administrative costs incurred in providing the services described in this section and in the bylaws. SECTION 5. Ancillary Rights and Duties of the PARTIES 5.01 In addition to participation in the Steering Committee, each PARTY accepts and agrees to perform the operational and administrative tasks specific to the PARTY identified in the an- nual work plan. SECTION 6. Effective Date and Term of Agreement 6.01 This Agreement shall take effect and commence on March 9, 2023, provided it has been exe- cuted by a duly authorized representative of each of the PARTIES. This Agreement super- sedes and replaces any prior KICP agreements between the PARTIES. 6.02 The initial term of this Agreement shall be for five years from the date of its execution. After the initial term, this Agreement shall be automatically renewed for an additional five-year term, unless terminated as provided in Section 6.04. 6.03 A new party may initiate its participation in this Agreement by giving the Steering Committee at least ninety (90) days' written notice and upon a formal vote of the Steering Committee ac- 41 Keep it Clean Partnership IGA Page 4 of 11 March 2023