Resolution 2018-36 - Laserfiche WebLink

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DocuSign Envelope ID: 0C45FB25-EC3C-4909-B81 E-9351 D3CAFO1 B RENEWAL & AMENDMENT OF INTERGOVERNMENTAL AGREEMENT FOR HAZARDOUS MATERIALS MANAGEMENT SUCCESSIVE DOCUMENT No. 1 This Renewal & Amendment of the Intergovernmental Agreement for Hazardous Materials Management is made and entered into by and between BOULDER COUNTY, a body politic and corporate (referred to hereinafter as the "County"), the CITY AND COUNTY OF BROOMFIELD and the cities of BOULDER, LAFAYEFIE, LONGMONT and LOUISVILLE, and the towns of ERIE, and SUPERIOR, each a municipal corporation, with all the named entities collectively considered to be the "Parties." RECITALS A. The Parties have entered into a five-year Intergovernmental Agreement (the "Agreement") dated January 30, 2014 for administering and participating in the Hazardous Materials Management Program (the "Program"). The Agreement is set to expire on December 31, 2018. B. The Parties desire to renew the Agreement, as amended herein, for a new five-year term commencing on January 1, 2019, with a five-year automatic extension in 2024. C. Pursuant to Section VI.B. of the Agreement, Boulder County currently collects quarterly payments of each Party's contribution to the Program. Contributions are calculated based on the previous quarter's operation of the Hazardous Materials Management Facility. D. The Parties desire to amend the payment terms of the Agreement, beginning January 1, 2019, to require annual, rather than quarterly, payments of each Party's contribution to the Program. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. The Agreement shall be renewed for an additional five-year term commencing January 1, 2019. 2. Effective January 1, 2019, Section VI. of the Agreement is amended in its entirety to read: VI. PAYMENT OF ANNUAL OPERATING EXPENSES A. The County will be the paying agent for the HMM Program and Facility. B. Each Party's contribution towards the HMM Program costs for a particular year shall be calculated based on the actual program costs incurred during the previous year, representing estimated expenses for the particular year. Contributions for a particular year shall be calculated after all program expenses for the previous year have accrued. Contributions for each subsequent year will include an adjustment to reconcile estimated versus actual expenses for each year. C. The County will request payment of each Party's contribution to the HMM Program costs based on the participation by households of each Party, on an annual basis, due no later than January 20 each year. Parties must pay the amount of their contributions, as calculated by the County, within thirty (30) days of billing. Contributions will be calculated as follows: • Actual program costs for the applicable year calculated in accordance with Section VI.B above; • PLUS additional projected program costs (if applicable); • MINUS any deductions as described in Section V.A., above, for the applicable