IGA; Boulder County Housing Authority; Housing Counseling Program; Exp 12/31/2006rost OPoCe Bo~ 471 • Boultler, Coiorodo 80306
Housing Authority
Housing Authority Office • 3482 North Broadway • Boulder, Colorado 80304 •(303~ 441-3929
TDD Colorado Relay 1-800-659-2656
http://www, co. boulder. co. us
Boulder County Housing Authority (BCHA)
Resolutiun 2006-23:
A Resolution Approving an lntergovernmental Agrecment by and between
"1'he City of Boulder, Colorado, a Colorado home-rule municipality, and the Boulder
County Housing Authority ("Authurity")
WI IERFAS, the City of Boulder receives an annual allocation of Affordable Flousing Funds, which
are used to support affordable housing effor[s in the City of Boulder,
WHI~:RIiAS, the City of Boulder desires to allocate a portion of its Affordable Housing Funds to
provide homeownership counseling to low/moderate income households, and
WHEREAS, the Boulder County Authority has the resources to administer and implement the HUD-
approved Housing Counseling Program and
W HIsRL;AS, the City of Boulder and the Boulder County I lousing Authority desire to cooperate and
contract with one another concerning the administration and implementation of the Housing
Counseling Program; and
WI IrREAS, the City of Boulder awarded these funds to the Boulder County Housing Authority for
the Housing Counseling Program for the period January 1, 2006 through December 31, 2006;
NOW THEREFORE, in consideration of the promises and obligation set forth in the
Intergovernmental Agreement attached to this resolution, be it resolved that the Board of
Commissioners of the Boulder County Housin~ Authority approves the IGA with the City oiBoulder
tor the provision of Housing Counseling Services.
Passed d app~qved this 2nd day of November 2006.
~t_z.~ ~1~ a,.~ti..~o-
Ben Pearlman, Chair
Boulder County Housing Authority
1 hereby certify that the foregoing is a full, true, and correct copy of the Resolution adopted by
the Boulder Count~~ I lousing Authorit}~ at the meeting of said Board iu Boulder, Colorado.
A"f"1'EST:
~~~_
Prank L. Afexander, P:xeculi~e Director, Boulder County l lousing Authority
~
E~UAL
HOUSING
OPPORTUMTV
Intergovernmental Agreement
This Agreement is made this 2 day of November 2006, by and between the City
of Boulder, Colorado, a Colorado home-rule municipality ("City") and the
Boulder County Housing Authority ("Authority").
WHEREAS, the City receives an annual allocation of Affordable Housing Funds,
which are used to support affordable housing efforts in the City of Boulder,
WHEREAS, the City desires to allocate a portion of its Affordable Housing Funds
to provide homeownership counseling to low/moderate income households, and
WHEREAS, the Authority has the resources to administer and implement the
HUD-approved Housing Counseling Program and
WHEREAS, the City and the Authority desire to cooperate and contract with one
another concerning the administration and implementation of the Housing
Counseling Program;
NOW, THEREFORE, in consideration of the promises and obligation set forth
below, the City and the Authority agree as follows:
1) SCOPE OF SERVICES
a) The Authority shall administer the Housing Counseling Program
which includes the following duties:
i) Provide a free, seven and one half-hour CHFA approved
homeownership training course each month in English and
Spanish;
ii) Offer the homeownership-training course at least once every
quarter in the city of Boulder.
iii) Provide free, one-on-one counseling services for pre-
purchase, reverse mortgage, budget and credit repair and
default/foreclosure prevention counseling to city of Boulder
residents.
iv) Submit cumulative quarterly and annual reports as required
by the City. Reports shall include the following information
on each completed grant:
1. Quarterly reports:
a. Total number of city of Boulder residents who
participate in the homeownership training course,
broken down by number of Boulder residents who
live in Boulder and number of residents who work in
Boulder;
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b. Total number of city of Boulder residents who receive
one-on-one counseling services.
2. For 2006, two reports shall be required: one cumulative
report through July 31 and one annual report due shall
be due January 31.
v) The City shall have the right to inspect all projects financed in
whole or in part with funds provided by the City and wiil
inform the Authority of any noncompliance with respect to
this contract.
2) TERM OF AGREEMENT
The term of this Agreement shall be ]anuary 1, 2006 - December 31,
2006.
3) COMPENSATION
a) The City shall make a one-time payment to the Authority in the
amount of $24,000.
4) TIME OF PAYMENTS
The Authority shall bill the City upon the execution of this contract.
5) PERSONNEL
a) The Authority represents that it has, or will secure sufficient
personnel to perform its obligations under this Agreement. Such
personnel shall be fully qualified and shall be authorized or
permitted under Federal, State and Local law to perform such
services.
b) The Authority shall not be deemed to be a partner, joint venturer,
agent or employee of the City.
6) TERMINATION
a) This Agreement may be terminated by either party for a material
breach of this Agreement by the other party, not caused by any
action or omission of the terminating party, by giving the other
party written notice at least thirty days in advance of the
termination date. The termination notice shall specify in
reasonable detail each such material breach. If this Agreement is
so terminated by the City, the Authority will be paid for all service
rendered to the date of termination, except those services which, in
the City's judgment, constituted the grounds, in whole or in part, of
the notice of termination. Upon such payment, all obligations of
the City to the Authority under this Agreement shall cease.
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b) In addition to the foregoing, this Agreement may be terminated by
the City for its convenience and without cause of any nature by
giving the Authority written notice at least thirty days in advance of
the termination date. In the event of such termination, the
Authority will be paid for all services rendered to the date of
termination, and upon such payment, all obligations of the City to
the Authority under this Agreement shall cease.
7) LAWS TO B~ OBSERVED The Authority shall comply with all applicable
Federal and State laws and Local ordinances and regulations including,
without limitation, all rules, regulations, and HUD guidelines that apply to
this Agreement. All applicable rules and regulations shall be made known
to the Authority by the City.
8) PERFORMANCE OF FINANCIAL AUDIT The Authority agrees that at any
time during the term of this Agreement the City, HUD or any pertinent
funding source may conduct a performance or financial audit of Authority
records pertaining to the administration of the Housing Counseling
Programs and the Authority's obligation under this Agreement, provided
that such audit is conducted at a reasonable time and in a reasonable
manner. I~ the event that funds have been improperly applied, diverted
or otherwise used in violation of Local, State, or Federal laws or
regulations, the Authority shall upon demand pay such improperly used
amounts to the City.
9) PATENTED DEVICES, MATERIALS AND PROCESSES The Authority
acknowledges and agrees that the City reserves all rights of ownership,
title, and control of the patented design, device, material, process, or
trademark or copyright. The Authority agrees that it will treat the
patented design, device, material, process, or trademark or copyright as
confidential and trade secret information. Except as authorized in this
Agreement, the Authority shall not under any circumstances disclose or
disseminate the patented design, device, material, process, ortrademark
or copyright or any portion thereof to 1) any other (including
governmental, educational, or non-profit) person, firm or entity or
organization, or 2) any employee of the Authority who does not need
access thereto in connection with the Authority's exercise of its rights and
obligations under this Agreement.
10) INDEMNIFICATION Each party assumes responsibility for its negligent
actions and omissions and those of its officers, agents, and employees in
the performance or failure to perform work under this Agreement. By
agreeing to this provision, neither the City nor the Authority waives or
06CountyHousing22 ?
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intends to waive as to any person not a party to this Agreement the
limitations which are provided to the parties under the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq.
il) GENERAL This document constitutes the entire agreement between the
City and the Authority and incorporates all prior verbal and written
communications between the parties concerning the subject matter
included herein. Neither party shall assign, sublet, or transfer any
interest in the Agreement without the written consent of the other. No
amendment or modification shall be made to this Agreement unless it is
in writing and signed by both parties. This Agreement is governed by the
laws of the State of Colorado. Any suit between the parties arising under
this Agreement shall be brought only in a court of competent jurisdiction
for the Twentieth Judicial District of the State of Colorado.
12) This Agreement in no way guarantees a future financial commitment.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective
as of the day and year first above written.
CITY OF BOULDER, COLORADO BOULDER COUNTY HOUSING
AUTHORITY
By:~=-~%~li~~~~ By:~~~ G~c.~.~~.7"~--.~
Frank W. Bruno Frank L. Alexander
City Manager Executive Director
Boulder County Housing Authority
ATTEST:
S~
Alisa Lewis
Ex-Officio City Clerk
ATTEST:
~ ~~~~
Ben Pearlman
Chair
Boulder County Housing Authority
Approved as to form:
City Attorn y
~~"`~ _~
Pat Mayn , D uty County Attorney
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