IGA; Boulder Housing Partners; Fire Protection
INTERGOVERNMENTAL AGREEMENT REGARDING FIRE PROTECTION
CITY OF BOULDER
AND
BOULDER HOUSING PARTNERS
This INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered
into to be effective the day of March, 2013, by and between the City of Boulder
(the "City"), a Colorado home rule municipality, and the Housing Authority of the City
of Boulder, a Colorado housing authority d/b/a Boulder Housing Partners ("BHP"),
collectively referred to as the "Parties."
RECITALS
A. BHP is a quasi-governmental entity of the State formed by the City as its housing
authority in 1996. BHP builds, owns and manages affordable housing for low and
moderate-incomes residents of the City, and the City provides funding to BHP for some
of the services and housing it provides;
B. BHP and the City are separate legal and governmental entities, but have a close
working relationship and the City Council appoints the members of the BHP Board;
C. BHP owns property at 101 and 103 Canyon (the "Properties'). The Properties are
adjacent to but not in the corporate City limits. The Properties are not currently eligible
for annexation because they are above the Blue Line, but do receive utility services from
the City. The Properties consist of a five-unit apartment building and a single family
home known as the Cornell House that has been designated as a historic building;
D. BHP recently subdivided the Properties through Boulder County and discovered
that the Properties were not located in a fire protection district;
E. BHP and the City desire to provide adequate fire suppression services for the
Properties. The City has agreed and it able to provide fire suppression services with
existing resources to the Properties;
F. Providing fire suppression services is essential to protect the people and assets on
the property and the City has an interest in protecting people and property served by its
housing authority. The City is the fire protection entity nearest the Properties that is able
to provide fire protection services;
G. BHP and the City have found, and do hereby find, that entry into and performance
of this Agreement is in their respective best interests, serves a public purpose, and is of
benefit to their residents and taxpayers.
NOW, THEREFORE, in consideration of the mutual covenants below, and other
good and valuable consideration, the receipt of which is acknowledged, the Parties agree
to the following terms:
COVENANTS
1. FIRE SUPRESSION SERVICES. The City agrees to provide fire
suppression services to the Properties at no cost to BHP, in accordance with the City's
fire response standards.
2. ANNEXATION. In the event the Properties become eligible for annexation,
BHP, upon request of the City, shall petition to annex the Properties to the City in
accordance with the applicable laws and policies of the City within ninety days of such
request.
3. TERM. This Agreement shall terminate upon the earlier to occur of. (i)
BHP no longer owns the Properties, or (ii) the Properties become eligible for annexation
and BHP does not petition to annex the Properties as provided herein.
4. THIRD PARTY BENEFICIARIES. It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Parties and nothing
contained in this Agreement shall give or allow any such claim or right of action by any
other third party on such Agreement. It is the express intention of the Parties that any
person other than Parties receiving services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
5. NO ASSIGNMENT. Neither the City nor BHP may assign this Agreement
or parts hereof or its duties hereunder without the express written consent of the other Party.
6. AMENDMENT. This Agreement may be amended or modified only in
writing signed by both Parties.
7. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement between the Parties relating to the subject matter. Any prior agreements,
promises, negotiations or representations between the parties not expressly set forth in
this Agreement are of no force and effect.
8. GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, with venue in Boulder
County for any litigation related to this Agreement.
9. NO WAIVER. No waiver of any of the provisions of this Agreement shall
be deemed to constitute a waiver of any other provisions of this Agreement, nor shall
such waiver constitute a continuing waiver unless otherwise expressly provided herein,
nor shall the waiver of any default hereunder be deemed a waiver of any subsequent
default hereunder.
10. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing herein
shall be construed as a waiver of the rights and privileges of the City or BHP under the
Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S.
2
11. CONFLICTS. No officer, member, or employee of BHP, and no members
of its governing body, during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered by their respective officers as of the date first above written.
CITY OF BOULDER:
ATTEST: Jane S. Brautigam, City' Manager
City Clerk
APPROVED AS TO FORTNI:
ref
City Attorney
BOULDER HOUSING PARTNERS
Housing Authority of the City of Boulder,
a Colorado housing authority,
d/b/a Boulder Housing Partners
By' U1 4
Betsey 1viartens,
Executive Director
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this ~ day of
- i7 IV~a- 2013, by Betsev Martens, as Executive Director of the Housing
Authority of the City of Boulder, a Colorado housing authority d/b/a Boulder Housing
Partners.
Witness my hand and official seal.
My Commission expires: 71,, q 2C%-4
(Seal), 'i ot,,y Public
otary Put~c
ENo:tarf e M Wolfed
te ai Cc
is 2G~x3OCYJG4g
~ 01/09/2017
4
Contract Tracking > Thank You Page 1 of 1
STANDARD i~lAkZ ! 20
Contract Routing Cover Sheet TO!
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20130325-8331
Originating Dept City Attorney
Contact Person Mary Wallace Phone Number 303 441-3020
Project Manager / Contract Kathy Haddock E-mail haddockk@bouldercolorado.go
Administrator
Counter Parties Boulder Housing Partners and Boulder Fire Department
Contract Title / Type Intergovernmental Agreement Regarding Fire Protection (101 / 103 Canyon)
Number
Description Approved by co ncif on March 19th. (Item 3D)
Special Instructions
Amount 0 Expense Type OUTGOING
r
C
• Dept. Head Signature (7 kct--r C- cLe-1 C
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing C~~ ^
• Budget BC # O NG 0 2 d n
w to -if7
• Sales Tax
r-• CAO ? rn
_JRQ7
-TJ f U
• City Manager s
p r-
• Central Records u1 0 ix
c7
m
~ori!rtC~ Tra:a~.niri H~~_ I Sia€i ~~_ire P.... ~'irn~ ~ Cs~r [,7'-- . •tu~ I ;,~c1~i_ ~r 'r~~, _;b;
littp:!/intraweb.ci.bou]dci-.co.us/CorrtractTrackin,/servlet! Control ler 3/25/2013