2021-078A - Laserfiche WebLink

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is reached on the scope and terms of a Commercial and Environmental Improvement project, the Company shall confirm the Parties' agreement by issuing a notice to District including the terms of the agreement of the Parties as to the Commercial and Environmental Improvement, and the Parties' proposed respective responsibilities for such improvement, which notice shall be subject to District's written acknowledgment. As of District's confirmation of the notice provided by Company, Company shall be obligated to pay for the cost of the Commercial and Environmental Improvement as reflected in the Notice. The District may elect to jointly fund some or all of the agreed Commercial and Environmental Improvement up to the amount agreed to be paid by the Company, but shall have no obligation to do so. Unless otherwise agreed, title to, and ownership_ of, the Commercial and Environmental Improvements shall be vested in District, and the parties shall execute such documentation as required to evidence the respective ownership of such Commercial and Environmental Improvement. ARTICLE 4 - LFG GENERAL PROVISIONS Article 4 is amended to add new Sections 4.7 and 4.8 as follows: 4.7. Gas Targets Expenditure Fund. A. Each year, the District may request that the Board of County Commissioners fund immediate repairs or improvements to specific parts of the District's LFG Assets identified by Company for inhibiting the quality or the flowrates of the LFG and emergency repairs from time to time as agreed by District ("Gas Targets Expenditure Fund"). B. If approved, the Company shall match 100% of the Gas Targets Expenditure Fund up to $125,000 as a reimbursement grant and provide proof of such matching funding in writing within 30 days. C. If Company identifies repairs or improvements to the District's LFG Assets that require immediate attention, Company shall notify District in writing of the required repairs and improvements, with supporting documentation. The Parties shall meet within ten (10) days following delivery of such notice to agree on any repairs to be made to the District's LFG Assets and the costs of such repairs. Once such expenditures are agreed, the District shall proceed with the design and, if necessary, bidding and procurement services to engage by contract a third party contractor to begin the corrective work in accordance with the County Purchasing Manual. The costs of such work shall be billed to and timely paid by the District. The Company shall reimburse the District 50% of the invoice paid by the District to the third party contractor. D. Expenditures from the Gas Targets Expenditure Fund shall be described in the Monthly LFG Statement and shall contain a description of the repair or maintenance work performed, or capital improvements made, and the cost of such work incurred in such month. E. In no event shall either Party be responsible for funding such repairs or improvements directly in an amount that is in excess of fifty percent (50%) of the then current amount required to be in its Gas Targets Expenditure Fund. The aggregate amounts credited to the Gas Targets Expenditure Fund of both Parties shall not be required to exceed two hundred fifty thousand dollars ($250,000) in any year. F. Notwithstanding the above, Company's obligation to make payments into the Gas 4 Landfill Gas Agreement, Amendment No. 2.