Resolution 2024-13 - Laserfiche WebLink

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b. Starting in year three, or later if the ARPA funds are not fully expended, the City of Boulder will provide administrative services with financial support from the City of Louisville, expressly subject to Subsection 5.c., below. The Parties will agree to a funding mechanism through an amendment to this IGA (e.g., flat yearly fee, fee based on percentage of homes in the Program, or some combination of the two) to continue Program services. Failure to make the contribution will be grounds to terminate this IGA by the City of Boulder. Contributions will be due annually on December 31. C. The Parties understand and acknowledge that this IGA is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this IGA. It is understood and agreed that this IGA does not create a multiple fiscal year direct or indirect debt or obligation within the meaning of TABOR and not withstanding anything in this IGA to the contrary, all payment obligations of the Parties are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Parties' current fiscal period ending upon the next succeeding December 31. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, ordinances and resolutions of the Parties and applicable law. Any failure of a Party to annually to appropriate adequate monies to finance the obligations under this IGA will terminate this IGA at such time as such then -existing appropriations are to be depleted. Notice will be given promptly to the other Parry of any failure to appropriate such adequate monies. 6. Liability. Each Party agrees to be responsible for its own actions and omissions, and those of its officers, agents and employees in the performance or failure to perform work under this IGA. By agreeing to this provision, the Parties do not waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R. S. § 24-10-101, et seq., as amended. 7. Dispute Resolution. Prior to terminating this IGA, the Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this IGA through negotiations. 8. No Third -Party Beneficiaries. The enforcement of the terms and conditions of this IGA and all rights of action relating to such enforcement will be strictly reserved to the Parties, and nothing contained in this IGA will give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the Parties to this IGA that any person receiving services or benefits under this IGA will be deemed an incidental beneficiary only. 9. Notices. All notice provided under this IGA must be in writing and sent by First Class U.S. Mail, electronic mail, or hand -delivery to the addresses set forth below. For mailing, notice periods will begin to run on the day after the postmarked date of mailing. For electronic mail or hand delivery, notice periods will begin to run on the date of delivery. 4