IGA; several entities; Regional Assessment of Fair Housing; Exp 12/31/2023 Contract Tracking> Thank You Page 1 of 1
OFFICE OF THE CITY ATTORNEY
STANDARD JUL 13 2017
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 20170712-3183
Originating Dept Housing
Contact Person Julie Raymond Phone Number 303-441-4041
Project Manager / Contract Kate Masingale E-mail masingalekL bouldercolorado.gov
Administrator
Counter Parties 'The Program Particiapants"/COB
Contract Title / Type INTERGOVERNMENTAL AGREEMENT
Number
Description Intergovernmental Agreement to participate in preparing a regional Assessment of Fair Housing.
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: June 20, 2017
AGENDA TITLE: Consideration of a motion authorizing execution of an Intergovernmental
Agreement to participate in preparing a regional Assessment of Fair Housing.
PRESENTERS:
Jane S. Brautigam, City Manager
David Gehr, Interim Executive Director, Planning, Housing+ Sustainability
Erin Poe, Interim Deputy City Attorney
Kurt Fimhaber, Deputy Director of Housing
Kristin Hyser, Community Investment Program Manager
EXECUTIVE SUMMARY
As the lead agency for the Boulder Broomfield HOME Consortium(Consortium), the city of Boulder is
responsible for the Consortium's implementation and compliance with the U.S. Department of Housing
and Urban Development(HUD)regulations. These regulations include the obligation to further the
purposes of the Fair Housing Act and the completion of an Assessment of Fair Housing(Assessment)to
analyze the local fair housing landscape and set fair housing priorities and goals.
Historically the Assessment, formerly known as the Analysis of Impediments to Fair Housing, was
completed at the local level.HUD is now encouraging program participants to engage in a regional
approach to the Assessment. Following this guidance,the city of Boulder, as lead agency, will enter an
Intergovernmental Agreement with the cities of Denver and Aurora to complete a regional Assessment.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following motion:
Motion to authorize the City Manager to execute an Intergovernmental Agreement in the form generally
shown in Attachment A.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Economic—Participation in the regional AFH will result in cost and resource savings and
efficiencies for the participating entities by sharing in the expense of hiring a consultant,
accessing data, and leveraging staff resources.
• Environmental— Addressing housing equity and access to opportunity regionally are critical
underpinnings for a sustainable community and region.
• Social—The Assessment will analyze the local fair housing landscape and set fair housing
priorities and goals to overcome historic patterns of segregation,promote fair housing choice, and
foster inclusive communities that are free from discrimination. In addition, a regional approach
recognizes fair housing issues across jurisdictional boundaries.
BACKGROUND
The city of Boulder serves as the lead agency for the Boulder Broomfield HOME Consortium
(Consortium). The Consortium includes the cities of Boulder and Longinont,Boulder County and City
and County of Broomfield.As the lead agency, the city of Boulder is responsible for the Consortium's
implementation and compliance with all HUD regulations including the obligation to further the purposes
of the Fair Housing Act. Historically, this required the Consortium's completion of the Analysis of
Impediments to Fair Housing which was completed and accepted by HUD in 2015. In 2016, HUD re-
asserted its commitment to the Fair Housing Act and updated its Affirmatively Furthering Fair Housing
(AFFH)requirement to include the completion of the Assessment to Fair Housing. All recipients of HUD
funds(CDBG, HOME)must conduct and submit an Assessment every five years. While the
Consortium's next Assessment is due in 2019, in support of the regional effort,the Consortium will pre-
empt its due date and submit the Assessment a year early.
Recognizing housing equity as a regional issue and requiring a regional analysis,HUD strongly
encourages program participants to collaborate with local governments and public housing agencies to
complete and submit a single Assessment,rather than jurisdiction specific. Heeding HUDs direction, the
Consortium,including its public housing authorities (Boulder Housing Partners, Boulder County Housing
Authority, Longmont Housing Authority)has elected to collaborate with the City and County of Denver
and the City of Aurora, and their respective public housing authorities,to complete a singular
Assessment. Other communities in the region were invited to participate and have declined.
A HUD requirement, the Assessment will analyze the regional fair housing landscape by assessing the
following issues:
1, Patterns of integration and segregation;
2. Racially or ethnically concentrated areas of poverty;
3. Disparities in access to opportunity; and
4. Disproportionate housing needs.
Prescribed by HUD,the Assessment process begins with the provision of data, guidance,and an
assessment of fair housing issues and related contributing factors in the region. While the required
regional Assessment will inform regional goals agreed to by the program. participants, each jurisdiction
will use the information to identify its own goals to address fair housing issues and related contributing
factors.
To complete the Assessment,program participants(City and County of Denver,Housing Authority of the
City and County of Denver, City of Aurora, Housing Authority of the City of Aurora, Boulder
Broomfield Consortium,Boulder County Housing Authority,Boulder Housing Partners,Longmont
Housing Authority)will enter an Intergovernmental Agreement. The City and County of Denver will
serve as the lead entity. Each program participant will contribute financially,proportional to its
population,to hire a consultant to develop the regional Assessment including extensive community
participation.The Regional Assessment will be due to HUD on April 5, 2018.
ANALYSIS
Over the past year,the city of Boulder housing staff, on behalf of the Consortium, has participated in a
conversation regarding participation in the regional Assessment.Recognizing equitable housing as a
regional issue and evaluating the cost saving and efficiencies created by participating in a regional effort,
staff confirms a regional approach will most effectively comply with the HUD requirement.
In addition,the program participants have consulted with HUD regarding the continuation of the AFFH
Requirement. Direction from HUD has acknowledged action at the federal level to rescind this
requirement. However, they have also asserted the requirement remains in effect and all recipients of
HUD funds must remain in compliance. Staff participating in the completion of the AFH will continue to
monitor action at the federal level and proceeding cautiously to ensure prudence in the use of any public
resources.
The city's housing staff, City Attorney's Office, and Consortium members have participated in the
preparation of the Intergovernmental Agreement under consideration. The Agreement (Attachment A)
defines the roles and responsibilities of program participants and general provisions relating to the
functioning of the regional effort.
ATTACHMENTS
A; Intergovernmental Agreement
Attachment A
INTERGOVERNMENTAL AGREEMENT
BY AND AMONG
THE CITY AND COUNTY OF DENVER, COLORADO,
THE HOUSING AUTHORITY OF THE CITY AND COUNTY OF DENVER,
COLORADO,
THE CITY OF AURORA, COLORADO,
THE HOUSING AUTHORITY OF THE CITY OF AURORA, COLORADO,
THE BOULDER BROOMFIELD CONSORTIUM,
BOULDER COUNTY HOUSING AUTHORITY,
BOULDER HOUSING PARTNERS,
AND
LONGMONT HOUSING AUTHORITY
FOR
THE 2019-2023 ASSESSMENT OF FAIR HOUSING
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement"), entered as of the date
set forth on the first signature page below by and among the following Participating Jurisdictions
(PJ's) The City and County of Denver (PJ/Lead Entity LE), The Housing Authority of the City
and County of Denver (DHA), The City of Aurora (PJ), The Housing Authority of the City of
Aurora (PHA), The Boulder Broomfield Consortium, (PJ), Boulder County Housing Authority
(PHA), Boulder Housing Partners (PHA), and Longmont Housing Authority (collectively, the
"Program Participants").
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD")
promulgated a rule in 2015 (the "2015 HUD Rule") that requires the completion of an
Assessment of Fair Housing ("AFH"), replacing the previous Regional Analysis of Impediments
to Fair Housing ("Al")requirement;
WHEREAS, unlike the previous Al requirement, the AFH requirement in the 2015 HUD
Rule applies to public housing agencies and requires a regional analysis; and
WHEREAS, the Program Participants are subject to the affirmatively furthering fair
housing requirements found at 24 CFR §§5.150 through 5.180 and required to submit an
Assessment of Fair Housing("AFH"); and
WHEREAS, the undersigned Program Participants believe that collaboration on a
regional AFH will result in efficiencies for each participant and a more effective analysis overall;
and
NOW, THEREFORE, it is agreed between the parties hereto that:
1. LEAD ENTTITY AND PROGRAM PARTICIPANTS
The City and County of Denver, Office of Economic Development (the "City" or the "Lead
Entity") will serve as the lead entity of the collaboration and will be responsible for submitting
the joint or regional AFH on behalf of all the collaborating Program Participants.
The City is a consolidated plan program participant with a program year start date of
January 1. The City's next 5-year consolidated plan cycle will begin in 2019.
The Housing Authority of the City and County of Denver ("DHA") is a public housing
authority (PHA) with a fiscal year beginning date of January 1. DHA's next 5-year PHA plan
will begin in 2020.
The City of Aurora is a consolidated plan program participant with a program year start
date of January 1. The City of Aurora's next 5-year consolidated plan cycle will begin in 2020.
The Housing Authority of the City of Aurora is a public housing authority (PHA) with a
fiscal year beginning date of January 1. The Housing Authority of the City of Aurora's next 5-
year PHA plan will begin in 2020.
The Boulder/Broomfield Consortium is a consolidated plan program participant with a
program year start date of January 1. The Boulder/Broomfield Consortium's next 5-year
consolidated plan cycle will begin in 2020.
The City of Longmont is a consolidated plan program participant with a program year
start date of January 1. The City of Longmont's next 5-year consolidated plan cycle will begin in
2020.
The Boulder County Housing Authority and Boulder Housing Partners and the Housing
Authority of the City of Longmont are public housing authorities (PHA) with a fiscal year
beginning date of January 1. The Boulder County Housing Authority and Boulder Housing
Partners' next 5-year PHA plan will begin in 2020 and Longmont Housing Authority's next 5-
year PHA plans will begin in 2020.
The Program Participants are subject to the affirmatively furthering fair housing
requirements found at 24 CFR §§5.150 through 5.180 and required to submit an AFH.
2. ALIGNMENT OF PROGRAM YEAR, FISCAL YEAR, CONSOLIDATED
PLANNING, AND PHA PLANNING CYCLES
The Program Participants have, to the extent practicable tried to align their consolidated planning
cycle(s) and/or PHA planning cycle(s) in accordance with the regulations at 24 CFR part 91, for
consolidated plan program participants, or 24 CFR part 903, for PHAs. Program Participants
have determined that alignment of consolidated planning cycle(s) or PHA planning cycle(s) is
not possible, therefore the AFH will be submitted in accordance with the Lead Entity's
consolidated plan cycle.
3. ROLES/RESPONSIBILITIES OF PROGRAM PARTICIPANTS
The City shall select and hire a consultant (the "AFH Consultant") to assist with development
and completion of the AFH. The City shall ensure that consultant selection process was
consistent with established City competitive procurement policies and compliairt with Federal
procurement requirements. Program Participants will each be responsible for a particular portion
of the work to complete the AFH. The responsibilities of the Program Participants are as
follows:
a. Program Participants will be accountable for providing any applicable analysis
and providing comments and input on any applicable joint goals and priorities to the City
for inclusion in the submitted AFH. Program Participants will also be accountable for
their individual analysis, goals and priorities to be included in the submitted AFH.
b. Program Participants will commit to enter into a financial agreement with the
consultant selected to carry out the development of the AFH. Program Participants each
agree to pay invoices according to internal financial policies. Cost of the AFH will be
divided up amongst each Program Participant by population of jurisdiction. No entity
will enter into an agreement with the selected AFH Consultant prior to the execution of
this Agreement by all Program Participants.
4. WITHDRAWAL
The withdrawing Program Participant must promptly notify all other Program Participants and
HUD in writing thirty (30) days prior to the date of its withdrawal from this Agreement.
The withdrawing Program Participant will be financially obligated to the selected contractor for
sen7ices rendered up to the date of withdrawal.
5. SPECIAL CONDITIONS
a. The other Program Participants each lack any authority to bind the any other party
to this Agreement on any contractual matters. Final approval of all contractual matters
that purport to obligate the City must be executed by the City in accordance with the
City's Charter and the Denver Revised Municipal Code.
b. This Agreement will not be effective or binding on the City until it has been fully
executed by all required signatories of the City and County of Denver, and if required by
Charter, approved by the City Council.
C. The PJ's and PHA's designate the City and County of Denver as the lead entity
(LE) for the AFH. While all PJ's and PHA's are accountable for the analysis and will
sign the AFH submitted document to HUD, the City will oversee the submission of the
AFH. The City's next Consolidated Plan cycle will be January 1, 2019-December 31,
2023, the AFH will be due to HUD on April 5, 2018.
d. The PJ's and PHA's intend to commit financial resources, subject to
appropriations/budget, to assist in compiling the AFH. The Program Participants will use
technical assistance provided by HUD to offset the cost of the AFH.
C. The Program Participants hereto shall comply with all federal and state laws
regarding discrimination and shall prohibit unlawful discrimination on the basis of race,
color, religion, national origin, sex, disability, familial status, ancestry, creed, marital
status, sexual orientation. Each PJ and PHA will comply with any additional local laws
regarding discrimination.
f. If any party does not fulfill its obligations under this IGA or violates any
provision of this Agreement, and does not cure such failure or violation within thirty (30)
calendar days of written notice from the City, the party(ies) not in default may terminate
this IGA as regards to the defaulting party, by giving the defaulting party written notice
of termination. To the extent permitted by the laws of the State of Colorado and the cost
principles, eligibility and requirements set forth in 2 CFR 200, and subject to the funding
availability and/or available insurance coverage of any defaulting party, termination
under this paragraph does not relieve the defaulting party of liability for damages cause to
the non-defaulting party(ies).
g. Each Party will be responsible for any and all claims, damages, liability and court
awards, including costs, expenses and attorney fees, incurred as a result of its actions or
omissions or any action or omission of its officers, employees, and agents in connection
with the subject matter of this Agreement or any amendment hereto.
6. AUTHORITY
Each Program Participant represents and warrants that it has taken all actions that are necessary
or that are required by its applicable law to legally authorize the undersigned signatories to
execute this Agreement on behalf of the Program Participant and to bind the Program Participant
to its terms. The persons executing this agreement on behalf of each Program Participant warrant
that he/'s she/they have full authorization to execute this Agreement.
7. INSURANCE
Each Program Participant may be self-insured as required by Colorado law, or may acquire
insurance to insure the activities undertaken in this Agreement. The cost of any such insurance
shall be bome exclusively by the Program Participant obtaining such insurance and each
Program Participant shall determine what coverage if any is required.
8. COLORADO GOVERNMENTAL IMMUNITY ACT
The Program Participants agree that the Program Participants are relying upon, and have not
waived, the monetary limitations and all other rights, immunities and protection provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
9. INSPECTION OF RECORDS
Any authorized agent of the City, including the City Auditor or his or her representative, has the
right to access and the right to examine any pertinent books, documents, papers and records of
the Program Participants, involving transactions related to this Agreement until the latter of three
(3) years after the final payment under this Agreement or expiration of the applicable statute of
limitations.
The City agrees that the PJs and PHAs, HUD, the Office of Counsel or Comptroller General of
the United States, or any of their duly authorized representatives shall, until three (3) years after
final payment under this Agreement, have access to and the right to examine any of the City's
directly pertinent books, documents, papers, or other records involving transactions related to
this Agreement for the purpose of making audit, examination, excerpts, and transcriptions.
The periods of access and examination above for records relating to (1) litigation or settlement of
claims arising from the performance of this Agreement, or (2) costs, expenses, or payments
under this Agreement to which the City, State or Contractor, HUD, the Comptroller General or
any of their duly authorized representatives has taken exception shall continue until disposition
of such appeals, litigation, claims, or exceptions.
10. GOVERNING LAW: VENUE
This Agreement will be construed and enforced in accordance with applicable federal law, the
laws of the State of Colorado, and the Charter, Revised Municipal Code, ordinances, regulations
and Executive Orders of the City and County of Denver, which are expressly incorporated into
the Agreement. Unless otherwise specified, any reference to statutes, laws, regulations, charter
or code provisions, ordinances, executive orders, or related memoranda, includes amendments or
supplements to same. Venue for any legal action relating to the Agreement will be in the District
Court of the State of Colorado, Second Judicial District(Denver District Court).
11. NO 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 are strictly reserved to the
Program Participants; and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other third person on such Agreements. It is the express intention
of the Parties that any person or entity other than the Program Participants receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
12. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
13. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
14. WAIVER
A Program Participant's failure to act with respect to a breach by another Program Participant
does not waive its right to act with respect to subsequent or similar breaches. The failure of the
Program Participant to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
15. ENTIRE AGREEMENT
This Agreement by and among the Program Participants for the submission of the 2018 AFH,
supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral, or written between the Program Participants with respect to this Agreement. By way of
signing this agreement, the Program Participants are bound to perform the requirements within
this Agreement. Any amendment to this Agreement must be in writing, signed by each of the
Program Participants, and submitted to HUD.
16. NO CONSTRUCTION AGAINST DRAFTING PARTY
The Program Participants acknowledge that each of them and their respective counsel have had
the opportunity to review this Agreement and that this Agreement shall not be construed against
any Program Participant merely because this Agreement or any of its provisions, have been
prepared by a particular Program Participant.
17. NOTICE
All notices, demands or consents required or permitted under this Agreement shall be in writing
and delivered personally or by appropriate facsimile or electronic transmission (receipt verified)
or by certified mail, return receipt requested, to the following:
The City: Executive Director, Office of Economic Development
City and County of Denver
201 West Colfax Avenue, Dept. 208
Denver, CO 80202
With a copy to: Office of the City Attorney
City and County of Denver
1437 Bannock Street, Room 353
Denver, CO 80202
DHA: Ismael Guerrero, Executive Director
Housing Authority of the City and County of Denver
777 Grant Street, 61h Floor
Denver, Colorado 80203
With a copy to: Joshua Crawley, Agency Counsel
Housing Authority of the City and County of Denver
777 Grant Street, 6th Floor
Denver, Colorado 80203
The City of Aurora: Jason Batchelor- Deputy City Manager
City of Aurora
15151 E. Alameda Parkway, Fifth Floor
Aurora, CO 80012
With a copy to: Anita Burkhart, Manager
City of Aurora
9898 E. Colfax Ave, Second Floor
Aurora, CO 80010
Housing Authority
of the City of Aurora: Craig Maraschky, Executive Director
Housing Authority of the City of Aurora
2280 S Xanadu Way
Aurora, CO 80014
With a copy to: Melinda Townsend, Deputy Executive Director
Housing Authority of the City of Aurora
2280 S Xanadu Way
Aurora, CO 80014
The Boulder Broomfield Consortium: Deputy Director, Division of Housing
P.O. Box 791
Boulder, CO 80306
With a copy to: Office of the City Attorney
City of Boulder
P.O. Box 791
Boulder, CO 80306
Boulder County Housing Authority: Housing Division Director
P.O. Box 471
Boulder, CO 80306
Boulder Housing Partners: Executive Director
Boulder Housing Partners
4800 North Broadway
Boulder, CO 80304
Longmont Housing Authority: Executive Director
Longmont Housing Authority
1228 Main Street
Longmont, CO 80501
The number of persons or addresses set forth above may be changed any time by written
notice in the manner provided herein.
18. ELECTRONIC SIGNATURES
The Program Participants consents to the use of electronic signatures by the City. This
Agreement, and any other documents requiring a signature under this Agreement, may be signed
electronically by the City in the manner specified by the City. The Program Participants agree
not to deny the legal effect or enforceability of this Agreement solely because it is in electronic
form or because an electronic record was used in its formation. The Program Participants agree
not to object to the admissibility of this Agreement in the form of an electronic record, or a paper
copy of an electronic document, or a paper copy of a document bearing an electronic signature,
on the ground that it is an electronic record or electronic signature or that it is not in its original
form or is not an original.
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CITY OF BOULDER
City Manager�r�
ATTEST:
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City
APPROVED AS TO FORM:
City Attomey's Office
Date: 7A, ��