Resolution 2018-36 - Laserfiche WebLink

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DocuSign Envelope ID: 0C45FB25-EC3C-4909-B81 E-9351 D3CAF01 B year; • MUL I IPLIED BY the actual residential percentage participation for the Party for the applicable year based on the HMM program's customer database. 3. Effective January 1, 2019, Section VIII. FUTURE FACILITY REPLACEMENT OR EXPANSION, Subsection A. of the Agreement is amended to read: A. The HMM Facility is expected to serve the needs of Boulder County for the next twenty years and beyond. In anticipation of future equipment needs, or facility expansion or replacement needs, the Parties each agree, subject to appropriation of sufficient funds therefor, to pay an additional 5% above actual annual operational expenditures for each year for the term of this Agreement, which shall be placed by the County into a restricted fund and used only for future equipment needs or facility expansion or replacement. This is expected to generate approximately One Hundred Forty -Four Thousand and Five Hundred Dollars ($144,500) over 5 years. Any expenditure from the restricted fund shall be approved by the Parties in writing. 4. Effective January 1, 2019, Section X. DURATION AND WITHDRAWAL, Subsection A of the Agreement is amended to read as follows: A. This Agreement shall automatically extend for an additional five-year term on January 1, 2024. Any Municipality may withdraw from this Agreement for any reason, which withdrawal shall be effective ten (10) days after the Municipality mails by certified mail, return receipt requested, a written notice to the Parties of the Municipality's intent to withdraw. The withdrawing Municipality will be discharged from its obligations hereunder, provided that it has paid all outstanding financial obligations for which it is liable under this Agreement. The terms and obligations of this Agreement shall continue as to the remaining Parties. Each Party's obligation to pay its required financial contributions hereunder and each Party's right to take action to compel payment hereunder shall continue until such obligation has been discharged. Boulder County may terminate this Agreement for any reason upon 180 days' notice to each Municipality. 5. Effective January 1, 2019, Section XI. MISCELLANEOUS PROVISIONS of the Agreement is amended to add Subsection I, as follows: I. Each Party reserves the right to modify the terms of their program participation with respect to their individual residents and residential households, such as charging co -pays and limiting the number of permitted drop-offs. At least sixty (60) days prior to taking such action, the Party must send a written notice of its intended action to all other Parties to this Agreement, as unilateral Party changes to their program participation may impact other Parties' program costs. Email is an acceptable form of written notice. In the event that a Party seeks the assistance of County Hazardous Materials staff to effect modifications to its program participation, such as collection of co -pays on site by Hazardous Materials staff, the Party and the County shall come to a written understanding of their respective obligations thereto. Such written understanding may be documented by email between authorized representatives of the County and Party. 6. This Renewal & Amendment shall be incorporated into the terms of the original Agreement, dated January 30, 2014. 7. Except as may be amended herein, the terms and provisions of the original Agreement shall remain in full force and effect. 8. This Renewal & Amendment may be signed in multiple parts by the Parties.