IGA; several entities; Hazardous Materials Management; Exp 12/31/2018Contract Tracking IGA > Thank You
CONDITIONAL
Document Routing Cover Sheet
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Routing Number
20131004 -8863
Originating Dept
Public Works
Routing Contact Person
Laurel Olsen -Horen
Phone Number
1303.441.3203
Project Manager / Contract
Administrator
Bret Llnenfetser
Email
Ilnenfelsede @bouldercolcrado,gov
Counter Parties
Boulder and Broomfield Counties
Contract Title / Type
IGA for Hazardous Materials Management
Number
Description
IGA between the City and County of Broomfield and the titles of Boulder, Lafayette, Longmont,
and LoUIsvIIIC, and the towns of Erle and Superlor for Hazardous Materials Management.
Action Items
Date
Note
(1)
(2)
(3)
Expiration Date
12/31/2018
Amount
Expense Type
• Dept. Head
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• Purcha
• Budget
• Sales 1
• CAD
• City Me
• Central
f }o $vet Lima else' h'
gXtC0& erg "oylal
Stgra4 rf
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http: / /intraweb. ci. boulder. co.us /ContractTracking /servl et /Control... 10/4/2013
Multi -year HMM IGA 2014 to 2018
INTERGOVERNMENTAL AGREEMENT FOR
HAZARDOUS MATERIALS MANAGEMENT
This intergovernmental Agreement for Hazardous Materials Management (this "Agreement") is
made and entered into this 30 day of 33,n gue , :P-0 1 `t 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 ".
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to C.R.S. §29 -1 -201
et seg.; 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 ofthe
importance of waste avoidance, waste reduction, and 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
"HMM 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 goals of this Agreement are;
1. To protect public health and the environment from the consequences of improper storage
and disposal of Hazardous Wastes as defined below;
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 the purchase and use of less toxic or harmful products, encourage waste
minimization and promote reuse and recycling; and
WHEREAS, the Parties wish to enter into a multi -year intergovernmental agreement for the operation of
the hazardous materials management facility (the "HMM Facility'? located at 1901 63 Street, Building
C. Boulder, CO 80301, and the HMM Program.
NOW, THEREFORE, in consideration of the mutual covenants and commitments made herein,
the Parties agree as follows:
I. DEFINITIONS
A. For the purposes of this IGA, the "Town of Erie" refers to the entire Town of Erie, and is not
limited to the portions of the Town of Erie that are located in Boulder County.
B. CESQG BUSINESS WASTES are hazardous wastes generated by businesses that meet the
definition of "Conditionally-Exempt Small Quantity Generators" as defined by State of 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:
1. A monthly hazardous waste generation rate of less than 1 kilogram (approximately 1
quart) of acutely hazardous waste
2. A monthly hazardous waste generation rate of less than 100 kilograms or 220 lbs of
hazardous wastes (approximately %x of a 55 gallon drum or about 27 gallons)
3. A maximum accumulation of less than I 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)
C. 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 colleete&by the HMM Program.
D. 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. Household 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 gleaners; 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.
E. HAZARDOUS WASTES, as used in this Agreement refers collectively to Household Hazardous
Wastes and CESQG Business Wastes, and includes Universal Wastes (excluding electronic wastes as
these are not accepted by the HMM Facility), Used Oil, Recyclable Wastes, and Non - Hazardous Liquid
Wastes.
F. NON - HAZARDOUS LIQUID WASTES as used in this Agreement refers to latex paints, water -
based paint products, non - hazardous cleaners, and cooking oil.
G. NON - HAZARDOUS LIQUID WASTE CONTRACTOR shall mean an entity selected and
employed by the County to receive and dispose of Non - Hazardous Liquid Wastes collected by the HMM
Program.
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H. PROGRAM SERVICE AREA, as used in this Agreement refers to the geographic area
encompassing Boulder County, Broomfield City and County, and the Town of Erie..
I. RECYCLABLE WASTES as used in this Agreement refers to wastes that may or may not be
Universal Wastes that can be recycled, including antifreeze, lead -acid batteries, and used oil.
J. RECYCLING CONTRACTOR shall mean an entity selected and employed by the County to
receive and recycle Recyclable Wastes collected by the HMM Program.
K. WASTE CONTRACTOR shall mean an entity selected and employed by the County to receive
non - hazardous, solid wastes collected by the HMM Program and transport to a landfill for disposal.
L. UNIVERSAL WASTE is as defined in 6 CCR 1007 -3, Part 273 and shall mean waste batteries
(except lead acid batteries), certain pesticides, mercury- containing devices, aerosol cans that contain
hazardous waste when discarded, lamps or the bulb or tube portion of an electric lighting device,
electronic devices and components derived from the disassembly of electronic devices,
M. USED OIL is as defined in 6 CCR 1007.3, section 279.1 and shall mean any oil that has been
refined from crude oil, or any synthetic oil that has been used, and as a result of such use, is contaminated
by physical or chemical impurities.
II, HAZARDOUS MATERIALS MANAGEMENT COMMITTEE
A. The membership of the Hazardous Materials Management Committee (the HMM Committee)
shall be comprised of one or more designated staff members from each of the Parties.
B. The HMM Committee shall act by consensus to provide guidance to County staff concerning
decisions that affect the operations of the HMM 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 now materials, and the assessing of future business surcharges.
III. PROGRAM. DESCRIPTION
A. The Parties enter into this Agreement for the primary purpose of funding the HMM program to
collect and recycle and /or appropriately dispose of Hazardous Wastes generated by residents and
businesses in the Program Service Area. The County shall employ trained personnel to manage and
operate the HMM Facility. Such operation shall include, at a minimum, providing residential drop -off
four days per week and business drop -off by appointment.
B. A Hazardous Waste Contractors) 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 Non - Hazardous Liquid Waste Contractor(s) shall be employed by the
County to receive and dispose of Non - Hazardous Liquid Wastes collected by the HMM Program. A
Recycling Contractor(s) shall be employed by the County to receive and recycle Recyclable Wastes
collected by the HMM Program. A Waste Contractor(s) shall be employed by.the County to receive and
dispose of non - hazardous, solid wastes collected by the HMM Program.
C. Waste from CESQG businesses may be processed at the HMM Facility subject to the business
paying for the cost of waste handling, including any additional handling or labor changes if applicable,
plus surcharges set by the County for operating costs (30% of waste management costs) and construction
costs (40% of waste management costs), and future equipment and facility replacement or expansion
(10% of waste management costs) (collectively "Surcharges ").
D. The HMM Program can also assist CESQG Businesses by arranging for the HMM Program's
Hazardous Waste Contractor(s), Non- Hazardous Liquid Waste Contractor(s) or Recycling Contractor(s)
to pack and ship Hazardous Waste directly from the business location, subject to the business paying for
the cost of waste handling, including any additional handling or labor changes if applicable, plus a
surcharge for operating costs (30% of waste management costs). Surcharges for construction, and for
future equipment and facility replacement or expansion are not applied to direct ship loads.
E. CESQG Business Waste generated by the County or one of the Municipalities may be received at
the HMM Facility, or directly shipped from the County or a Municipality to the processing facility if the
the County or Municipality pays the cost of processing, Including any additional handling or labor
changes if applicable. No Surcharges shall be applied to Hazardous Waste generated by the Parties.
F. Future changes to the Surcharges will be determined by written agreement of the Parties.
G. Any Municlpality may request that the HMM Program 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, ate.
H. Any Municipality wishing to implement a more frequent satellite collection program (periodic or
regular events during. the year) in its community may contract for satellite collection program services
separately with a contractor of its choice, or work with the HMM Program subject to approval by Boulder
County. The HMM Program will provide assistance with community satellite collection programs,
subject to the Municipality agreeing to reimburse the HMM Program for all costs incurred with the
satellite collection, Including staff time, temporary labor, supplies, Hazardous Waste disposal, eta
1. 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 Hazardous 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.
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IV. DISPOSAL AND RECYCLI}VG 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
Hazardous 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 I1, 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.
D. Any information or materials developed by the HMM Program, Hazardous Waste, Waste or
Recycling Contractors shall be made available to all Parties through the HMM Committee.
V. RESIDENTIAL OPERATING COSTS
A. The cost of providing residential Household Hazardous Waste collection services at the HMM
Facility is estimated each year based upon historic use and growth rates in residential participation and on
unit costs per household. Residential costs include labor, operating supplies and packing materials,
transportation, recycling and /or disposal and education materials, minus revenues for the sale of
recyclable materials (lead -acid batteries, motor oil), CESQG Business Waste handling fees or operational
surcharges, collection event reimbursements, donations, and any other deductions. It is the intention of
the Parties that each Municipality will fund a pro -rated share of quarterly residential program costs based
on the number of residents from each Municipality that use the HMM Facility each quarter.
B. During the term of this Agreement, the County Administrative Services Department, Resource
Conservation Division, will provide HMM, Committee members with a budget projection for the
following year substantially in the form attached hereto as Attachment A. The projection will estimate the
amount of each Party's contribution for the following year. Budget projections for the following year will
be provided to each Party on or before May 1 of the preceding year for each year this Agreement is in
effect. ' This budget shall become final unless any Party objects by June 30th of the preceding year.
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
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 each quarter of the current year have accrued (or have been
estimated for the month of December only), the County shall calculate the share of costs for each Party as
follows:
Each Party's contribution for the quarter = actual program costs for the quarter,
plus estimated program costs for December only if applicable, minus any
deductions as described in VI A. above„ for the quarter, multiplied by the actual
residential percentage participation for the County or Municipality for the quarter
based on the HMM Program's customer database.
The share of costs for the first quarter of the following year will include an adjustment to reconcile
estimated versus actual expenses for the previous December.
E. Each Party pledges to appropriate funds for its pro -rated share of operating expenses as specified
in this Section V and annual budget projections, 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 2015 -2018, 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 HMM 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.
I , 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.
O. In the event that HMM Program operating costs are expected to be higher than anticipated, the
HMM Committee may recommend 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 HMM
Program, its residents will not be permitted to bring 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,
I. 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
Hazardous Waste, Waste and Recycling Contractors and to adjust each Party's funding allocation on a
pro -rated basis to total 100% of the revised cost.
J. If this Agreement is extended beyond 2018, the HMM Committee shall consider past usage of
each participating community to evaluate methods of pro - rating costs, and make recommendations to the
Parties.
VI. PAYMENT OF ANNUAL OPERATING EXPENSES
A. The County will be the paying agent for the HMM 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. Each Municipality will pay its contribution within 30 days of billing.
C. Each Municipality's payment obligations hereunder are subject to and limited by the
appropriation of sufficient funds for each year this Agreement is in effect.
VII. FUNDING FOR CONSTRUCTION OF THE HAZARDOUS MATERIALS MANAGEMENT
FACILITY
A. Boulder County finished construction of the HMM Facility in 2011 on County -owned property
located at 1901 63 Street, Boulder, the same site occupied by the Boulder County Recycling Center. The
original Parties to this Agreement contributed to the construction costs. In addition, funds for construction
were allocated from the Boulder County Sales and Use Tax Fund, and the Parties estimated that future
business surcharges would help to fund the project. The Parties also agreed to fund equipment and start-
up costs over ten years beginning in 2011. The breakdown of contributions was as follows:
Contributor
Contribution to
construction ex ense
Estimated
Contribution to
equipment and start -
up expense * * **
TOTAL
Boulder County
$864,020*
$42,734
$906,754
City of Boulder
$400 000 **
$68,888
$468,888
City and County of
Broomfield
$22
$6
$29,119.
Town of Erie
$10,720 * **
$3501
$14221
City of Lafayette
$33,200*
$10,494
$43,694
City of Longmont
$58880*
$11780
70660
City of Louisville
$43,920* *
$8,992
$52,912
Town of Superior
$14
$2,292
$17172
County Recycling Sales
and Use Tax Fund
$762
NA
$762,500
Future businesses
surcharges
$189080
NA
$189 080
Total
$
155 000
2,555,000
*One -time contribution
** Paid over 20 years, interest free
* ** Paid over 5 years, interest free
* * ** Paid over 10 years, interest free, based on previous year's percentage participation
B. 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.
C. The City of Louisville will.pay the County Recycling Sales and Use Tax Fund equal payments of
Two Thousand One Hundred 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.
D. 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.
VIII. FUTURE FACILITY REPLACEMENT OR EXPANSION
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 quarterly operational expenditures for each quarter of 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.
B. The surcharge for future equipment and facility replacement or expansion, noted in
Section III C. above, will ensure that business customers also contribute to future capital
expenditures.
C. The Parties also agree that during the term of this Agreement all donations received by the
HMM Program, whether the donation is designated for a particular community or not, will be
added to the restricted funds as set aside for future equipment needs or facility expansion or
replacement.
D. With regard to future facility replacement or expansion, the Parties further agree that:
1. The County will remain the sore owner of the building and property asset represented by
the HMM 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 CBSQ 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.
IX. 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. The 20 -year restrictive covenant herein attached as
Attachment B (the "Restrictive Covenant') is hereby incorporated into this Agreement,
B. In the event of the County's default pursuant to Paragraph A of this Section IX, 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, as well as its contribution to the
restricted fund as referenced in Section VIII A., excluding its proportionate share of the restricted fund
that has been spent or encumbered.
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:
1. An "Initial Party Investment" shall be the amount specified in Section VII 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 selectedjointly by the Parties and shall be a
Member of the Appraisal Institute (M.A.I.) 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 Significant Improvements. '
Appraisal of the HMM 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 HMM 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 its actual payments to
the County Recycling Sales and Use Tax Fund and its liability for any future payments pursuant to
Section VII A. shall be extinguished.
we
X. DURATION AND WITHDRAWAL
A. This Agreement shall automatically renew on January 1" of each year until December 31, 2018;
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 renewed for future years beyond 2018, subject to written approval by all
Parties, and provided the Parties appropriate estimated costs for the future years.
XI. MISCELLANEOUS PROVISIONS
A. This Agreement shall be effective as to each Party upon ratification by that Party.
B. The waiver by any Parry 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, to the extent permitted by law, shall have the right to specific
performance of this Agreement.
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 all the Parties.
G. 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 financial obligations of
each Party under this Agreement are subject to annual appropriation by the governing body of such Party.
H. This Agreement may be signed in multiple parts by the Parties
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
COUNTY BOARD OF
wu - lu er
_TTE
CLERK TO'I'HE BOAR
ATTEST:
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CITY AND COUNTY OF
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City 8L County Attorn4:y
CITY OF BOULDER, COLORADO
By:
Jana S. Brautigam City W ger
1777 Broadway
Boulder, CO 80302
Attest:
City Clerk
Approved as to form:
:— N Attorney
CITY OF LAFAYETTE
By;
Title:
Date:
ATTEST:
CITY OF BOULDER, COLORADO
By:
Jane S. Brautigam, City Manager
1777 Broadway
Boulder, CO 80302
Attest:
City Clerk
Approved as to form:
City Attorney
CITY OF LAFAYETTE
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CITY OF LONGMONT
ATTEST:
City Clerk
ATTEST:
By:
Dennis J, Coombs, Mayor
Date:
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TOWN OF ERIE
By:
Title:
Date:
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CITY OF LONGMONT
ATTEST:
City Clerk
ATTEST:
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Date:
J. Coombs, Mayor
CITY OF LOUISVILLE
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Title:
Date:
TOWN OF ERIE
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Title: Town Admiiustrator
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ATTACHMENT A
Boulder County Hazardous Materials Management (HMM) Program
Projected Budget for the 2014 Calendar Year
*Estimated based on actual households served in 2012 (12,523) plus 5% growth.
* * Total projected cost per community is based on number of households to be served multiplied by
$44.00.
In accordance with Section V of the 2014 to 2018 Intergovernmental Agreement for Hazardous
Community
Percentage
Participation
Number of
Households Served
Estimated Contribution
Toward 2014 Program
Costs
Boulder County
19.73%
2.594
$114,149
Boulder
40.35%
6
$285,517
Broomfleld City and Count
4.13%
543
$23B94
Erie
2.43%
320
$14,059
Lafayette
7.20%
947
1 $41,655
Longmont
8.84%
1162
$51144
Loulavllle
6.44%
847
$37,259
Superior
1.88%
247
$10
100.00%
13
$578,556
Materials Management (the "IGA"), member communities, through their representative on the
HMM Committee, will be provided with a projected budget for the following year, each year by
May I of the preceding year. As noted in Section V. D. 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. The projected budget shall become final unless any
community objects by June 30` of year of the preceding year.
15
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ATTACHMENT B
7 91,E t u T t� con t t'I mK s a 1l � T i]► Y 1
The Parties to the Intergovernmental Agreement for Hazardous Materials Management In effect
for the years 2009 throughand including 2013 (the'TOA ") have or will collectively contribute initial
Party Investment £ands in the amount of One Million Six Hundred Thirty -Six Thousand Four Hundred
and Twenty Dollars ($1,636,420) far the construction of the Hazardous Materials ManagemetttFaoiiity
located at 1901 63r4 Street, Boulder, Colorado (the aHMM Fscility`�. Construction ofthe HMM Facility
was completed in March 2011, Each Party's ocsthibutlon has or will be paid to the County Recycling
Sales and Use Tax Fund in the amount sat forth in Section V I II A. of the IOA.
In addition to the Initial Party Investment, the following will or have been contributed to this project;
a) Future business surcharges will contribute $189,080 for the construction of the HHM Facility or
Improvements thereof
b) Boulder County contributed an additional $574,500 for construction costs over and above its
share of the $1,636,420, above.
The $1,825,500 estimated cost for the project as sot forth in Section VIII (A), page 6 of the IOA was
comprised of the Initial Party Investment plus the iblure business autahargos Identified above. The
total cost of the project was $2,400,000, including the additional $574,500 contribution by Boulder
County,
Boulder County agrees that any improvements constructed with the aforementioned funds wilt- 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 Hazardous Waste management, as specified in the IOA, or for arty other waste
reduction purposes not previously approved by the Parties to the IOA,
If at any time the County is in default, of the IOA, as such default is described in Section X.A. of
the IOA, then upon notioe and failure to ouro su6h default as provided in Section X,B of the IOA, the
Parties may elect to request repayment of their "Initial Party inveamcmV, pursuant to the terms of the
IOA and If each of the Municipalities that arc Parties to the IOA agree, the County shall vaoato the HMM
Facility until such time as much repayment Is made. After the Initial Party Investments have berm paid to
all Parties that have demanded repayment, the County may reoccupy and continue to utilize the HMM
Facility.
This Covenant shall be a restriction of record on the HMM Facility for a period of 20 years fy6m
the date of the execution of this Restrlotiwi Covenant and shall be recorded in the real property records in
the office of the Boulder County Clerk and Recorder.
ATTEST:
Cal
CLERK O IR3 B = ARL
BOUMER COUNTY BOARD OF
COMMISSIONS S
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Date: 0- Al,l(l l
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Doouftn Envelope to: B1A09FCD-410C -4387- 9230- 6432D091BB46
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City Clerk on behalf of the
Director of Finance 'and Record
ATTEST:
CI'T'Y AND COU T ROOMFMLD
By:
Title: T}Q c
Date,J, au
CITY OF BOULDER, COLORADO
By:
Mayor
1777 Broadway
Boulder, CO 80302
CITY OF LAFAYETTE
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Title:
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DmuSlon Envelope 10: B 4100 -03B7- 9239-8432D89YB845
ATTEST:
Attest:
City Clerk on An of the
Director of Finance and Record
ATTEST:
CITY AND COUNTY OF BROOMFIELD
By:
Title:
Date:
CITY OF BOULDER, COLORADO
Broadway
Boulder, CO 80302
CITY OF LAFAYETTE
By:
Title:
Date:
2
Oocu3lgn envelope l0; 81A09FCD -410C- 4387.9239- 843208910048
ATTEST-.
Attest;
City Clerk on behalf of the
Director of Finance and Record
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CITY AND COUNTY OF BROOMFIBLD
By' -
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Title:
Dates
CITY OF BOULDER, COLORADO
Br
Mayor
1777 Brondway
Boulder, CO 80302
CITY OF LAFAYB�
Title: Ma'.!)"
Data: :Jj R_ f I 1 _
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CITY Oix L NQtviO
BY
Title: �ll.aLi3t�
roved as to Boma and Substance;
Originatii>d DepartMent
Ap as to Form;
AaMAW Cftq Attorney
Prop read;
CITY OF LOUISVILLE
By:
Title:
Date:
TOWN OF ERIE
Hy:
Title;
Date:
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ATTEST:
Approved as to Form and Subatanom
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Originating Department
Approved as to Form:,
CITY OF LONGMONT
By:
Title:
Date:
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Assistant City Attomey
Proofread:
CITY OR LOU 1 SVILLE
SEAL By: si y li is j- P
TOWN OF ERIE
By:
Title;
Date:
ATTEST;
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CITY OF LONOMONT
BY:
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ATTEST;
ATTEST;
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Title:
Date;
Approved as to Form and Substance'.
Originating Department
Approved as to Fornt;
Assistant City Attorney
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CITY OF LOUISVILLE
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Title:
Date:
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