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IGA; several cities and counties; Household Hazerdous Waste Management; Exp 12/31/2013 Multi-year I iMM IGA 2009 to 2013 INTERGOVERNMENTAL AGREEMENT FOR HAZARDOUS MATERIALS MANAGEMENT This Intergovernmental Agreement for Hazardous Materials Management (this "Agreement") is made and entered into this day of 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, LAFAYETTE, LONGMONT and LOUISVILLE, and the towns of ERIE and SUPERIOR, each a municipal corporation (each of the above may be referred to hereinafter as a "Party" or collectively as the "Parties.") The City and County of Broomfield and the cities and towns may also be referred to hereinafter individually as a "Municipality" or jointly as the "Municipalities". WI IEREAS, the Parties are authorized to enter into this Agreement pursuant to C.R.S. §29-1-201 et .seq.; and WHEREAS, the Parties wish to encourage proper disposal of household hazardous wastes and hazardous wastes generated by businesses that are defined by the State of Colorado as "conditionally- exempt small quantity generators" (hereinafter "CESQGs"), and increase public awareness of the importance of sound waste management practices in protecting public health and the environment, particularly water quality; and WHEREAS, the County has initiated a hazardous materials management program (hereinafter the "I IMM Program") to provide a safe, convenient place where residents and businesses of the County can dispose of hazardous wastes, and, further, to provide for the safe and environmentally sound recycling and disposal of these wastes; and WHEREAS, significant cost, organizational and promotional efficiencies can be realized if the HMM Program is implemented jointly by the Parties; and WHEREAS, the Parties have determined it is in the best interest of their residents and businesses, and a recognized common goal, to provide for the conduct of a coordinated HMM Program; and WHEREAS, the current Household Hazardous Waste Facility is inadequate in size and not permanent in location to properly serve the needs of County residents and businesses; and WHEREAS, the Parties wish to enter into a multi-year intergovernmental agreement for the construction and operation of a new hazardous materials management facility (the "HMM Facility") and HMM Proggam; NOW, THEREFORE, in consideration of the mutual covenants and commitments made herein, the Parties agree as follows: 1. DEFINITIONS A. For the purposes of this IGA, the "Town of Erie" refers to the cntirc 'T'own of Erie, and is not limited to the portions of the Town of Erie that are located in Boulder County. 1 B. HAZARDOUS WASTE CONTRACTOR shall mean the entity(s) selected and employed by the County to categorize, package, transport, recycle, treat or dispose of selected Household Hazardous Wastes collected by the I IMM Program. C. WASTE, CONTRACTOR shall mean an entity selected and employed by the County to receive and dispose of non-hazardous wastes collected by the HMM Program. D. RECYCLING CONTRACTOR shall mean an entity selected and employed by the County to receive and recycle selected household and CESQG Hazardous Wastes collected by the HMM Program. E. HOUSEHOLD HAZARDOUS WASTES are solid and liquid wastes, discarded from homes or similar sources (including single and multiple residences) that are best described by lists of hazardous wastes in federal or state regulations. Household hazardous wastes may also exhibit the characteristics of toxicity, ignitability, corrosivity or reactivity as described in those rules. 1 lousehold hazardous wastes are not currently regulated by either the federal or state government. Products that may be considered household hazardous wastes include many pesticides and herbicides; drain openers; oven cleaners; paint thinners, strippers and removers; adhesives; wood preservatives; automotive and fuel additives; grease and rust solvents; refrigerants; carburetor cleaners; and other products. Although waste paint and motor oil are not usually considered hazardous wastes under current federal or state regulations, they are included as household hazardous wastes for purposes of the HMM Program because of their ubiquity in the waste stream and the toxicity of some of their constituents. F. CESQG BUSINESS WASTES are hazardous wastes generated by businesses that meet the definition of "Conditionally-Exempt Small Quantity Generators" as defined by State or Colorado Hazardous Waste Regulations, 6CCR-1007-3. Colorado regulations are congruent with Federal Regulations with respect to CESQG status. CESQG businesses generate hazardous waste in amounts below state and federal regulatory thresholds. As of the date of this Agreement, these thresholds are: I . A monthly hazardous waste generation rate of less than 1 kilogram (approximately I quart) of acutely hazardous waste 2. A monthly hazardous waste generation rate of less than 100 kilograms or 220 lbs of hazardous wastes (approximately '/z of a 55 gallon drum or about 27 gallons) 3. A maximum accumulation of less than 1 kilogram hazardous waste (approximately 1 quart) of acutely hazardous waste 4. A maximum accumulation of less than 1000 kilograms or 2,200 pounds of hazardous waste (approximately 5, 55 gallon drums) G. HAZARDOUS WAS'T'ES, as used in this Agreement refer collectively to I lousehold Hazardous Wastes and CESQG Business Wastes. II. PROGRAM DESCRIPTION A. The Parties enter into this Agreement for the two primary purposes of building a new HMM Facility and funding the HAM program to collect and recycle and/or appropriately dispose of Household I lazardous Wastes and CESQG Business Wastes generated by residents and businesses of Boulder County and its municipalities, and Broomfield City and County. The County shall employ trained personnel to manage and operate the HMM Facility. Such operation shall include at a minimum, weekly opening of the HMM Facility to receive Hazardous Wastes with or without prior appointment. B. A I lazardous Waste Contractor(s) shall be employed to assist the County HMM Facility staff to categorize and package hazardous wastes and to transport and properly dispose of the Hazardous Wastes collected at the HMM Facility. A Waste Contractor(s) shall be employed by the County to receive and dispose of non-Hazardous Wastes collected by the HMM Program. A Recycling Contractor(s) shall be employed by the County to receive and recycle selected I lousehold Hazardous Wastes collected by (lie HMM Program. C. Any Municipality wishing to implement a satellite collection program in its community may contract for these services separately with a contractor of its choice. Additionally, a Municipality may request that HMM Program staff assist with the planning and implementation of special one-day collection events. The HMM Program will provide assistance with events, subject to the Municipality agreeing to reimburse the HMM Program for all costs incurred with the event, including staff time, temporary labor, supplies, Hazardous Waste disposal, etc. D. In the event of a man-made or natural disaster occurring within the geographic limits of one or more of the Municipalities, the HMM Program will assist the Municipality(s), as practicable, with the collection and disposal of Hazardous Wastes resulting from the disaster. Such assistance may include setting up temporary collection areas for I lazardous Wastes. The HMM Program will provide disaster- related assistance subject to the Municipality agreeing to reimburse the HMM Program for all costs incurred for such assistance to the Municipality, including staff time, temporary labor, supplies, waste disposal, etc. E. The following are the goals of this Agreement: 1. To protect public health and the environment from the consequences of improper storage and disposal of Household Hazardous Wastes and CESQG Business Wastes; 2. To promote an environmentally knowledgeable and concerned public and business community; 3. To promote a multi-jurisdictional hazardous materials management collection program; 4. To solicit community support; and 5. To encourage alternative non-toxic products, then waste minimization and finally reuse and recycling. HI. HAZARDOUS MATERIALS MANAGEMENT FACILITY CONSTRUCTION The Boulder County Administrative Services Department, Resource Conservation Division, shall contract for, manage and oversee, with input from members of the HMM Committee (see section W, below) the design and construction of the I IMM Facility. The County shall be the general contractor for the design and the construction of the HMM Facility. 1. The County shall obtain Builder's Risk insurance during the construction phase of the I IMM. 2. The County shall provide the Municipalities with regular updates on the design and construction schedule of the HMM. 3. The County shall, at its sole cost and expense, procure and maintain during the term hereof comprehensive general public liability and property damage insurance, covering any personal injury or property damage growing out of the use of or occurring on or about the I IMM Facility. IV. HAZARDOUS MATERIALS MANAGEMENT COMMITTEE A. The advisory committee (formerly the "Budget Committee") is hereby renamed the Hazardous Materials Management Committee (the "HMM Committee"). The membership of the HMM Committee shall be comprised of representatives from each of the Parties. B. The HMM Committee shall provide guidance to County staff concerning decisions that affect the operations of the HNIM Facility, the development and use of educational outreach materials and the operating budget of the HMM Program, including decisions regarding the expenditure of funds for outreach and education, future expansion and replacement of the HMM Facility, hours of operation, the acceptance of new materials, and the assessing of future business surcharges. V. DISPOSAL AND RECYCLING SERVICES A. The County shall contract with one or more companies for Hazardous Waste collection, recycling or disposal services. Specific responsibilities and performance requirements of these Contractors shall be included in separate contracts with the County. These agreements shall include indemnification of the Municipalities, and are available to the HMM Committee upon request. The County shall provide its I lazardous Waste Contractor(s) with a copy of this Agreement. B. The Parties understand and agree that the Boulder County Administrative Services Department, Resource Conservation Division, will administer Hazardous Waste disposal and recycling contracts for the HMM Program on behalf of all Parties. The County assumes responsibility for the negligent actions and/or omissions of its agents and its employees in the performance or failure to perform with respect to management and operations affecting the HMM Program and the HMM Facility. Except as set forth in Section IV, above, the Parties disclaim the right to be involved in management or operational decisions affecting the HMM Facility, and rely on the expertise of the County and the County's Hazardous Waste, Waste and Recycling Contractor(s) for such purposes, however, the zoning and land use decisions by a Municipality with jurisdiction over the HMM Facility are not disclaimed. C. By entering into this Agreement, neither the County nor the Municipalities waive or intend to waive, as to any person not a Party to this Agreement, the monetary limitations or any other rights, immunities, and protections which are provided to the County and the Municipalities under the Colorado Governmental Immunity Act, Section 24-10-101 et.seq., C.R.S. 1). Any information or materials developed by the HMM Program, Hazardous Waste, Waste or Recycling Contractors shall be made available to all Parties through the I IMM Committee. VI. OPERATING COSTS A. The cost of operating the HMM Facility, including waste sorting, transportation, recycling and/or disposal and education materials, is estimated each year, based upon historic use and growth rates in participation, and on unit costs per household. It is the intention of the Parties that each Municipality will fund a pro-rated share of these costs based on the number of residents from each Municipality that use the IIMM Facility. CESQG Business Waste from businesses in Boulder County may be processed at the I-IMM Facility if the business pays the cost of processing plus a surcharge set by the County, with the proceeds of such surcharge being applied to operating costs and construction costs as determined by the County after consultation with the HMM Committee. B. During the term of this Agreement, the Boulder County Administrative Services Department, Resource Conservation Division, will provide HMM Committee members with a budget projection for the following year. The projection will estimate the amount of each Party's contribution for the following year. The budget projection for 2009 is provided in Attachment A, attached hereto and incorporated herein by this reference. Subsequent budget projections will be forwarded to each Party on or before June 30'h of each year this Agreement is in effect. C. During each year this Agreement is in effect, the County Administrative Services Department, Resource Conservation Division, will supply regular information on participation levels in each 4 community and actual operating costs, and will make best efforts to ensure that operating costs are not incurred above the agreed-upon estimate without prior approval from the affected Municipality. D. After all program expenses through November of the current year have accrued, the share of costs for each Party will be calculated as follows: l;ach Party's contribution = actual program costs multiplied by the "Percentage Participation" reflected on Attachment A, as that figure is amended during each year's budget process to reflect the actual households from each community during the previous year. If a Municipality does not wish to participate in future years, an additional payment for expenses accrued for December will be requested at that time. E. Each Party pledges to appropriate funds for its pro-rated share of operating expenses as specified in this Section VI and in Attachment A for 2009, but no Party shall be liable for any such amounts unless and until the governing body of such Party has appropriated funds pursuant to this Agreement. However, each Party shall be liable for payment of monies so appropriated, and any of the remaining Parties may take any action appropriate to compel payment of appropriated funds. When subsequent year budgets are available for years 2010-2013, each Municipality shall consider the appropriation of funds. F. If, during any year this Agreement is in effect, either the community participation level in a community is expected to exceed projections, thereby raising the Party's percentage of contribution, or operating costs for the HAM Facility will exceed the original estimates such that a Party's obligation for operating expenses during the calendar year will exceed the amount appropriated for such year, the Party affected by such increase may take either of the following actions or some combination thereof. 1. The Party may appropriate additional funds to support such additional participation by its residents. 2. The Party may choose not to appropriate additional funds and request that the County restrict use by its residents so as not to exceed the funding appropriated. G. In the event that HMM Program operating costs are expected to be higher than anticipated, the I IMM Committee may take appropriate action to help reduce the costs of operating of the HMM Facility, such as recommending that Boulder County staff reduce the hours of operation. H. In the event that one or more of the Parties fails to contribute its share of costs, and in a manner consistent with this Agreement, the Party in default will refrain from further participation in the I IMM Program, its residents will not be permitted to bring Household Hazardous Wastes to the HMM Facility and its rights pursuant to this Agreement shall be suspended, but the terms and obligations of this Agreement will continue for the remaining Parties, and any of the remaining Parties may take appropriate action to enforce this Agreement. 1. In the event that one or more Municipalities fail to ratify this Agreement or initially ratify this Agreement and thereafter default, the remaining Parties reserve the right, following suspension of the Party or Parties in default, to re-estimate the cost of the HMM Program in consultation with the Haaardous Waste, Waste and Recycling Contractors and to adjust each Party's handing allocation on a pro-rated basis to total 100% of the revised cost. J. If this Agreement is extended beyond 2013, the HMM Committee shall consider past usage of each participating community to evaluate methods of pro-rating costs, and make recommendations to the Parties. 5 VII. PAYMENT OF ANNUAL OPERATING EXPENSES A. The County will be the paying agent for the I IMM Program and Facility. B. The County will request payment of each Party's contribution to HMM Program costs based on the participation by households of each Party, on a quarterly basis. Contributions will be based on the previous quarter's operation. The municipalities will pay these amounts within 30 days. C. The Municipalities' payment obligations hereunder are subject to and limited by the appropriation of sufficient funds for each year this Agreement is in effect. VIH. FUNDING FOR CONSTRUCTION OF THE HAZARDOUS MATERIALS MANAGEMENT FACILITY A. It is agreed that a new HMM Facility will be constructed in 2009 on County-owned property located at 1901 63rd Street, Boulder, the same site occupied by the Boulder County Recycling Center. The approximate cost of the new facility is $1,825,500. If construction costs for the HMM Facility exceed this amount, the County, as the owner of the HMM Facility, shall be liable for any such additional costs. It is agreed that the construction of the new I IMM Facility will be funded using a combination of the County Recycling Sales and Use Tax funds, fixed amount contributions from the Municipalities and business surcharges as follows: County Recycling Sales and Use Tax Fund (funds directly allocated for this project) $762,500 Boulder County $289,520* City of Boulder $400,000** City and County of Broomfield $22,800* 'T'own of Eric $10,720* City of Lafayette $33,200* City of Longmont $58,880* City of Louisville $43,920* 't'own of Superior $14,880* Future businesses surcharges $189,080 Total $1,825,500 *Assumes a one-time contribution Paid over 20 years, interest free B. The actual design and construction costs for the HMM Facility shall be advanced from the County Recycling Sales and Use Tax fund. The County Recycling Sales and Use Tax fund will then be repaid by community contributions and business surcharges. C. Participating communities that have agreed to one-time payments hereby commit to pay Boulder County the amounts stated after January 1, 2009 and before December 31, 2009, unless payment has been made prior to this period. D. The City of Boulder will pay the County Recycling Sales and Use Tax Fund equal payments of Twenty Thousand Dollars ($20,000) per year for twenty (20) years, beginning by December 31, 2009, and thereafter by December 31" each year through and including 2028. The City of Boulder's payment obligations hereunder are subject to and limited by the appropriation of sufficient funds by the Boulder City Council for each year including but not limited to those years that this Agreement is in effect. The City of Louisville will pay the County Recycling Sales and Use Tax Fund equal payments of Two 6 Thousand One I fundred Ninety-Six Dollars ($2,196) per year for twenty (20) years, beginning December 31, 2009, and thereafter by December 31" each year through and including December 31, 2028. The City of Louisville's payment obligations hereunder are subject to and limited by the appropriation of sufficient funds by the Louisville City Council for each year including but not limited to those years that this Agreement is in effect. E. In the event that a Party to this Agreement fails to contribute its share of costs, and in a manner consistent with this Agreement, the Party in default will refrain from further participation in the HMM Program, its residents will not be permitted to bring Household Hazardous Wastes to the HMM Facility, and its rights pursuant to this Agreement shall be suspended, but the terms and obligations of this Agreement will continue as to the remaining Parties, and any of the remaining Parties may take appropriate action to enforce this Agreement. 1X. FUTURE FACILITY REPLACEMENT OR EXPANSION The HMM Facility to be constructed in 2009 is expected to serve the needs of Boulder County for the next twenty years and beyond. However, Boulder County commits that by December 31, 2011, it will develop a strategy, in conjunction with the fIMM Committee and participating municipalities, to address expansion and/or replacement of the 14MM Facility. It is anticipated that the strategy will recognize that: 1. The County will remain the sole owner of the building and property asset represented by the I IMM Facility. The Parties anticipate that they will share proportionally in any future replacement or expansion of the HMM Facility. To the extent that such costs are shared proportionally by the Parties, such additional capital contributions by the Municipalities should be recoverable in the event the County is in default of this Agreement. 2. Producers and retailers of hazardous products benefit from the sale of such products, bear significant responsibility for the recycling or proper disposal of unwanted hazardous products or associated wastes, and will be asked to contribute to the capital costs of any expansion or replacement of the facility. 3. Generators of CESQ Business Waste will benefit from any expansion or replacement of the HMM Facility and should also share in the capital cost of any expansion or replacement of this facility. X. DEFAULT A. The County shall be in default of this Agreement if it uses the HMM Facility for a purpose other than Hazardous Waste management, as specified in this Agreement, or for any other waste reduction purposes not previously approved by the Parties. Upon completion of the HIVIIVI Facility, the Parties shall execute and record a 20-year restrictive covenant substantially in the form of Attachment B (the `'Restrictive Covenant'). B. In the event of the County's default pursuant to Paragraph A of this Section X, any Party may give the County written notice of default. If the County has not remedied the complained of default within sixty days of receiving such notice of default, then the complaining Party may demand repayment of its "Adjusted Financial Interest," defined in Paragraph D, below. C. The County agrees that upon receipt of such written notice pursuant to Paragraph B above, it will promptly repay the Party requesting such repayment. D. "Adjusted Financial Interest" shall mean a value determined as follows: 7 I. An "Initial Party Investment" shall be the amount specified in Section Vlll A. of this Agreement. 2. Upon the issuance of the certificate of occupancy for the HMM Facility, the County shall provide evidence of the total cost of constructing the HMM Facility. The Parties shall review such evidence and agree on the percentage of the total costs of construction contributed by each Party (the "Investment Percentage"). 3. A Party's Adjusted Financial Interest shall equal the then-existing fair market value of the HMM Facility multiplied by the Party's Investment Percentage. E. If the Parties cannot agree on the fair market value of the HMM Facility, its fair market value will be determined by an appraisal. The appraiser shall be selected jointly by the Parties and shall be a Member of the Appraisal Institute (M.A.1.) or a person with equivalent professional expertise. The cost of the appraisal shall be borne equally by the County and those Parties seeking the return of their Adjusted Financial Interest. To the greatest extent practicable, the fair market value of the HMM Facility shall not include any sums attributable to Significant Improvements to the HMM Facility made solely by the County after its initial construction. A "Significant Improvement" shall mean a permanent alteration, addition, or enhancement to the HMM Facility that increased its fair market value by ten percent or more as of the time of the valuation required by the Agreement Maintenance expenses and expenditures to preserve or strengthen the structural integrity of the HMM Facility, such as, for example, new roofing, siding or windows, or to bring the HMM Facility into compliance with County building, electrical, plumbing, fire and similar codes shall not be considered to be Sign] ficantImprovements. Appraisal of the IIMM Facility shall only be of the capital improvements funded by the Parties and shall not include any appreciation or depreciation of the land upon which the HAM Facility is constructed. The County shall be responsible for maintaining sufficient records to enable an appraiser to determine whether a particular expenditure for the HMM Facility constituted a Significant Improvement. If sufficient contemporaneous records are unavailable to clearly establish that a particular expenditure constituted a Significant Improvement and to establish the amount by which the fair market value of the HMM Facility should be reduced because of that expenditure, then it may not be considered to be a Significant Improvement. F. If the County defaults before the City of Boulder or the City of Louisville has paid its full Initial Party Investment, its Adjusted Financial Interest shall be recalculated to reflect only their actual payments to the County Recycling Sales and Use Tax Fund and their liability for any future payments pursuant to Section VIII A. shall be extinguished. XI. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective as to each Party upon ratification by that Party. B. The waiver by any Party of any breach of any term, covenant or condition of this Agreement by another Party shall not be deemed a waiver of such term, covenant, or condition for any subsequent breach of the same or of any other term, covenant, or condition of this Agreement. C. Any Party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other Party, and shall have the right to specific performance of this Agreement. 8 D. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. E. If any provision of this Agreement or application thereof to any Party or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. F. This Agreement contains the entire agreement between the Parties, and shall not be amended or modified in any manner without such amendment or modification being agreed to and executed in writing by a] I the Parties. XH. DURATION AND WITHDRAWAL A. This Agreement shall automatically renew on January 1" of each year until December 31, 2013; provided, however, that each Party's obligation to pay its required financial contributions hereunder and each other Party's right to take action to compel payment hereunder shall continue until such obligation has been discharged. Any Municipality may withdraw from this Agreement, which withdrawal shall be effective ten (10) days after the Municipality mails by certified mail, return receipt requested, a written notice to Boulder County 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. B. In the event that any Municipality withdraws from this Agreement, such Municipality may again become a Party only with the majority consent of the remaining Parties, after satisfying all obligations for which it was liable upon date for withdrawal, and subject to such further conditions as may be required by the Parties. C. This Agreement may be extended for future years beyond 2013, subject to written approval by all Parties, and provided the Parties appropriate estimated costs for the future years. D. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, the obligations of each Party under this Agreement are subject to annual appropriation by the governing body of such Party- 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. BOULDER COUNTY BOARD OF COMMISSIONERS Ben Pearlman, Chair Date: Arri r: CLERK TO THE BOARD CITY AND COUNTY OF BROOMFIELD By: Title: Date: A-I ITSr: 10 CITY OF BOULDER, COLORADO Bv: Mayor 1777 Broadwav Boulder. CO 80302 Attest: City Clerk on behalf of the Director of Finance and Record Approved as to form: ity Attorney UL CITY OF LAFAYETTE By: "Title: Date: ATTEST: 11 CITY OF LONGMONT By: Mille: Date: ATTEST: Approved as to Form and Substance: Originating Department Approved as to Form: -Assistant City Attorney Proofread: CITY OF LOUISVILLE By: Title: Date: A-ITEST: TOWN OF ERIE By: Title: Date: ATTEST: 12 TOWN OF SUPERIOR By: Title: Date: ATTEST: 13 Attachment A Boulder County Hazardous Materials Management (HMM) Program Projected Budget for the 2009 Program Year (December 1, 2008 to November 30, 2009) Percentage Number of Estimated Contribution Toward Community Partici ation Households Served 2009 Program Costs Boulder Coun 23.96% 2416 $113,544 Jamestown 0.42% 43 $2,000 Lyons 0.80% 81 $3,790 Nederland 0.96% 96 $4,527 Ward 0.14% 15 $684 Total County 26.28% 2650 $124,546 Boulder 48.33% 4,873 $229,037 Broomfield City and County 2.99% 301 $14,160 Erie 1.62% 164 $7,685 Lafayette 5.73% 578 $27,162 Longmont 7.08% 713 $33,532 Louisville 6.28% 633 $29,742 Superior 1.70% 171 $8,054 100.00% 10,083" $473,918"" *Estimated based on actual households served in 2007 (9,003) plus 12% growth. Total projected cost per community is based on number of households to be served multiplied by $47.00. In accordance with Section IV of the 2009 to 2013 Intergovernmental Agreement for Hazardous Materials Management (the "1GA"), member communities, through their representative on the HMM Committee, must approve a projected budget each year. Signing this form, and returning it to Boulder County, fulfils this requirement for 2009. As noted in Section VI. E. of the IGA, actual contributions to HMM Program costs will be calculated quarterly based on actual participation by each community's residents, and actual costs incurred by the County. Please indicate your community's approval below, and fax this form to: Hilary Collins, Boulder County Resource Conservation Division, Fax: (720) 564-2227 Community: By: Title: Date: ATTES"f: 14 ATTACHMENT B RESTRICTIVE COVENANT The Parties to the Intergovernmental Agreement for Hazardous Materials Management in effect for the years 2009 through and including 2013 (the "IGA") have or will collectively contribute funds in the amount of One Million Eight Hundred Twenty-Five Thousand Dollars ($1,825,000) for the construction of a Hazardous Materials Management Facility to be located at 1901 63rd Street, Boulder, Colorado (the NIMM Facility"). Each Party's contribution has or will be paid to the County Recycling Sales and Use Tax Fund in the amount set forth in Section VIII A. of the IGA. Boulder County agrees that any improvements constructed with the aforementioned funds (the "Improvements") will be used and maintained solely as part of the HMM Facility and that it shall not use the HMM Facility for a purpose other than I lazardous Waste management, as specified in the IGA, or for any other waste reduction purposes not previously approved by the Parties to the IGA. If at any time the County is in default of the IGA, as such default is described in Section X.A. of the IGA, then upon notice and failure to cure such default as provided in Section X.B of the IGA, the Parties may elect to request repayment of their "Initial Party Investment", pursuant to the terms of the IGA and if each of the Municipalities that are Parties to the IGA agree, the County shall vacate the HMM Facility until such time as such repayment is made. After the Initial Party Investments have been paid to any and all Parties to the IGA that have demanded such repayment, the County may reoccupy and continue to utilize the Improvements. This Covenant shall be a restriction of record on the HMM Facility for a period of 20 years from the date of the execution of this Restrictive Covenant and shall be recorded in the real property records in the office of the Boulder County Clerk and Recorder. BOULDER COUNTY BOARD OF COMMISSIONERS Ben Pearlman, Chair Date: ATTEST: CLERK TO THE BOARD CITY AND COUNTY OF BROOMFIELD By: Title: Date: ATTEST: 15 CITY OF BOULDER, COLORADO Bv: Manor 1777 Broadway Boulder, CO 80302 Attest: City Clerk on behalf, of' the Director of Finance and Record re~ o-+ -tom r CITY OF LAFAYETTE By: Tille: Date: AT"ffS'I: 16 CITY OF LONGMONT By: Title: Date: ATTEST: Approved as to Form and Substance: Originating Department Approved as to Form: Assistant City Attorney Proofread: CITY OF LOUISVILLE By: Title: Date: A I- I.llS.l : ['OWN OF ERIE By: Titlc: Date: ATTESI: 17 TOWN OF SUPERIOR Bv: Title: Date: ATTEST: 18