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IGA; Boulder County Housing Authority; Affordable Housing Informative Training Class; Exp 12/31/2008 ' U~ C ~ 1 / S S f p Mf N, S ' ? f F/C C Jv'~ ~ ti 1008 Intergovernmental Agreement :-s~~;'u ~,Y r^ TPPLtE --~~1~ This Agreement is made this day of , 2005 and between the City of Boulder, Colorado, a Colorado ome-rule municipality ("City") and the Boulder Authority 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, credit repair and default/foreclosure prevention counseling to city of Boulder residents. iv) Submit 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; b. Total number of city of Boulder residents who receive OFFICIAL CENTRAL RECORDS COPY 20080728-4097 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 BE 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. In 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, or trademark 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 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. one-on-one counseling services. 2. For 2008, 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 will inform the Authority of any noncompliance with respect to this contract. 2) TERM OF AGREEMENT The term of this Agreement shall be January 1, 2008 -December 31, 2008. 3) COMPENSATION ~a) The City shall make a one time payment to the Authority in the amount of $26,000. 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. 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 11) 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. ~ By S~haY??e, Cone( Frank L. Alexander ~ e,'i-fy Executive Director J Boulder County Housing Authority ATTEST: ATTEST: ~ ~ - i / ~~-~-wa- Alisa Lewis Ben Pearlman Ex-Officio City Clerk Chair, BOCC Approved as to form: G~?~%'J ~ +0~ - it Attorney Pat Mayne, ut rity Attorney