Resolution 2023-18 - Needs Signed Agreement

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March 9, 2023 FINAL cepting their participation. Any new party to this Agreement must be a governmental agency with authority to enter into this Agreement under C.R.S. §29-1-201, et seq. and must execute this Agreement prior to commencing participation. A new party shall be admitted to partici- pation only upon approval of the Steering Committee, under such conditions as the Steering Committee in each case or from time -to -time establishes in furtherance of the purposes and provisions of this Agreement. 6.04 Any PARTY, including any new party participating in this Agreement under Paragraph 6.03,may terminate its participation in this Agreement by giving the Steering Committee at least thirty (30) days' written notice. Termination shall constitute forfeiture of the terminating PARTY' S entire share of the KICP Budget for the fiscal year in which the termination oc- curred (including both paid and obligated but unpaid amounts) and of the terminating PAR- TY'S share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES shall be recalculated for the following fiscal year by the remaining PARTIES without the withdrawing PARTY' S participation. SECTION 7. General Legal Provisions 7.01 This Agreement may be amended or terminated by unanimous written agreement of the PARTIES. All PARTIES agree to submit to their Council or Board for approval of any pro- posed amendments to this Agreement, as applicable, within three (3) months following ac- ceptance by the Steering Committee. No KICP Budget amendment which increases the KICP Budget will be effective unless approved by a unanimous vote of the Steering Committee. 7.02 No PARTY shall, by entering into this Agreement, participating in the Steering Committee, or agreeing to serve as Fiscal/Contracting Agent or Coordinator, be deemed to assume responsi- bility for any other PARTY'S obligations to comply with the requirements of the that PAR- TY'S MS4 permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the U.S. Environmental Protec- tion Agency, the Division, or any person acting on their behalf or in their stead. 7.03 Nothing in this Agreement shall be construed to waive or cede any jurisdiction that any of the PARTIES may possess. 7.04 Nothing in this Agreement shall create any joint or several liability or joint and several expo- sure to any participating PARTY for statutory or administrative violations associated with il- licit discharges or compliance responsibilities. Joint action under this Agreement is strictly limited to the permitting, planning, and other related processes as described herein, unless otherwise agreed. 7.05 By entering into this Agreement, no PARTY waives or intends to waive, as to any person not a party to this Agreement, the monetary limitations or any other rights, immunities, and pro- tections which are provided to the PARTY under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. 7.06 This Agreement may be executed in any number of counterparts each of which, when taken together, shall constitute one agreement. This Agreement shall only be effective when coun- terparts are signed by all the PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. 42 Keep it Clean Partnership IGA Page 5 of 11 March 2023