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HomeMy WebLinkAboutUntitled (3) • • DAKOTA COUNTY CONSORTIUM JOINT POWERS AGREEMENT BETWEEN THE COUNTIES OF ANOKA,DAKOTA,RAMSEY,AND WASHINGTON • • JOINT POWERS CONSORTIUM AGREEMENT THIS AGREEMENT has been entered into as of the 20th day of June, 1995, between and among Anoka County, Dakota County, Ramsey County, and Washington County, State of Minnesota, hereinafter referred to jointly as the "Consortium", each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. • WITNESSETH: WHEREAS, Title I of the Cranston-Gonzales National Affordable Housing Act (the Act), affirms the national goal that every American family be able to afford a decent home in a suitable environment; and, WHEREAS,Title II of the Act provides for formula allocation of funds among eligible state and local governments; and, WHEREAS,section 216(2)of the Act,provides for formation of consortia of units of general local government for the purposes of the Act; and, WHEREAS, the aforementioned counties are jointly geographically contiguous units of general local government and each have sufficient authority and administrative capability to carry out the purposes of the Act; and, WHEREAS,the regulations published at 56 F.R. No. 53 published March 19, 1991 at page 11592, to be codified at 24 CFR Part 92, and 56 F.R.No. 23ublished February ruary 4, 1991 at page 4458,to be codified at 24 CFR Subtitle A(et esq.),and 56 F.R.No. 143 published July 25, 1991 at page 34094 set forth regulations governing the applicability and use of funds under Title I. E • • NOW THEREFORE, in consideration of the mutual covenants and promises contained in the Agreement, the parties mutually agree to the following terms and conditions. DEFINITIONS For the purpose of the Agreement,the terms defined in this section have the meanings given to them: A. "The Act" means the Cranston-Gonzales National Affordable Housing Act of 1990. B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 56 F.R.No. 53,published March 19, 1991,at page 11592,to be codified at 24 CFR Part 92 and 56 F.R.No. 23 published February 4, 1991 at page 4458,to be codified at 24 CFR and Subtitle A (et Seq.) , and 56 F.R.No. 143 published July 25, 1991 at page 34094. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Counties"means Anoka County,Dakota County,Ramsey County,and Washington County,including all of Washington County's cities and townships that agree to partake in the Joint Powers Agreement, each of which is a general unit of local government which has executed this cooperation agreement. E. "Lead Agency" means which is the one member unit of general local government to act in a representative capacity for all member units of general local government for the purposes of the regulations and providing that the representative member assumes overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR part 92.101, including requirements concerning a Consolidated Plan. The lead agency for the Consortium shall be Dakota County. F. "Consolidated Plan" is a HUD required document that replaces the Comprehensive Housing Affordability Strategy. It serves as a planning document for the jurisdiction and a funding • • application under the Community Planning and Development formula grant programs (CDBG, HOME, ESG, or HOPWA). G. "Consortium" means the Cooperating Counties acting pursuant to this agreement. PURPOSE; POWERS TO BE EXERCISED Each Cooperating County has determined that it is desirable and in the interests of its citizens to participate in a"consortium" within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the Cooperating Counties in the State of Minnesota and the execution of this Agreement by the Cooperating Counties will enable the Consortium to qualify under the Act as a"consortium". This Agreement is to authorize the formation of the Consortium for the purpose of undertaking,or assist in undertaking low and moderate income housing assistance activities pursuant to the HOME and HOPE Programs as authorized in the Act and the Regulations. Each of the Cooperating Counties has entered into an agreement pursuant Minnesota Statutes, Section 471.59 authorizing the Cooperating County to exercise the powers set forth in Minnesota Statutes, Section 469.001 to 469.047 or 469.090 to 469.108, any other statute'or law, or any other general or special law authorizing the creation of a housing and redevelopment authority or economic development authority,on behalf of one or more housing and redevelopment authorities or economic development authorities for purposes of carrying out this Agreement. ,The powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Cooperating Counties and such authorities, by Minnesota Statues, Sections 469.001 to 469.047 or 469.090 to 469.108, any other statute or law, or any other general or special law authorizing the creation of a housing and redevelopment authority or economic development authority. i • TERM OF AGREEMENT Term. The term of this Agreement is for a period commencing on October 1, 1995 and terminating no sooner than September 30, 1998. Termination. Notwithstanding any other provision of this Agreement,this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of the Cooperating Counties as a Consortium under the Act. Execution. This Agreement shall be executed by the appropriate officers of each Cooperating County pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly at the offices of the Lead Agency and in no event shall the Agreement be filed later than May 15, 1992 and by March 31 for all subsequent years. METHOD OF ACHIEVING PURPOSE; MANNER OF EXERCISING POWER Consolidated Plan. The Cooperating Counties hereby agree that they will cooperate as members of a consortium to undertake or assist in undertaking low and moderate income housing assistance activities, and publicly assisted housing as provided in the Act. The purpose of the Consortium is to alleviate housing problems with the State of Minnesota. The Consortium shall prepare and submit to HUD and appropriate reviewing agencies all necessary applications and a Consolidated Plan, required for funding as a"consortium" under the Act. In preparing a Consolidated Plan,the Consortium shall address the housing needs and goals of the Consortium as developed by the Cooperating Counties and their citizens. The Consortium agrees to fully establish housing needs, priorities, and goals in the preparation of its Consolidated Plan. The Consortium agrees that it shall establish a reasonable time schedule for the development and submission of the Consolidated Plan. • . Each Cooperating County shall appoint one or more staff members to assist in the preparation of information necessary with respect to that Cooperating County for the Consolidated Plan. Lead Agency. Subject to the provisions of this Agreement,Dakota County acting as the lead Agency is authorized to act in a representative capacity for all member units of general local government for the purpose of the Act, and the Lead Agency assumes overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the Act including requirements concerning a Consolidated Plan. Joint Operating Committee. The Cooperating Counties shall designate one staff member, and may designate one or more alternates to serve in his or her absence,to serve on a joint operating committee. The Joint Operating Committee shall be responsible for review and approval of any project or program for funding under the Act. The Joint Operating Committee may adopt rules for its operation. The application submitted to HUD for funding must be unanimously approved by the Joint Operating Committee. Project Selection. It is anticipated by the Consortium that a project funded by monies received from the HOME Program may involve one,some,or all of the Cooperating Counties in the Consortium. The determination of which Cooperating County or Counties is to participate in a project and the amount of funding to be received by the Cooperating County or Counties will be made after consideration of the nature and scope of the project, and the ability of the Cooperating County or Counties to undertake the project and provide the required matching funds for the project. It is understood by the Cooperating Counties that the Consortium shall have final responsibility for the selection of participating projects from among those proposed. The Lead agency is hereby authorized to distribute to the selected projects on behalf of the Consortium such funds as are approved by the Joint Operating Committee. 40 111 Contracts. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the Cooperating County undertaking the project. SPECIAL PROVISIONS Related Actions. Nothing in this Agreement shall preclude a municipality within a county from establishing a Housing and Redevelopment Authority pursuant to Minnesota Statute 469.003. Nothing in this Agreement shall be deemed to create a County Housing and Redevelopment Authority pursuant Minnesota Statute 462.004, Subd. 1-6. Indemnification. The Cooperating Counties mutually agree to indemnify and hold harmless each other from any claims,losses,costs, expenses or damages resulting from the acts or omissions of their respective officers,agents,and employees relating to activities conducted by the Cooperating County under this Agreement,the Act, or the Regulations,up to any applicable statutory limits of tort liability. Compliance with the Act. In the event that there is a revision of the Act and/or Regulations which would cause this Agreement to be out of compliance with the Act or Regulations, all parties to the Agreement shall review this Agreement to reasonably and in good faith renegotiate those items necessary to bring the agreement into compliance. All parties understand that the refusal to renegotiate this Agreement may result in the loss of the effective use of the Agreement as of the date it is out of compliance with the Act and/or Regulations as amended. Monitoring and Accounting. The Lead Agency shall maintain financial,project,and other records and accounts for the Consortium in accordance with the requirements of the Act and Regulations. All Cooperating Counties agree to make available all records and accounts with respect to tl • • matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Each Cooperating County shall be responsible for its own audit. Each Cooperating County shall provide to the Lead Agency at its own expense all information with respect to the Cooperating County and any projects undertaken within its jurisdiction which are required by the Act for compliance monitoring, auditing, and other reporting purposes. Other Applicable Laws. All projects undertaken pursuant to this Agreement shall be subject to home rule charter provisions, assessment,planning, zoning, sanitary and building laws, ordinances and regulations applicable to the Cooperating County or smaller municipality in which the project is situated. The Cooperating Counties mutually agree to affirmatively further fair housing and take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968,Executive Order 11988, Section 109 of the Housing and Community Development Act of 1974 and with all other applicable requirements of the Act and the Regulations. Nothing in this Article shall be construed to lessen or abrogate the Consortium's responsibility to assume all obligations of an applicant under the Act. FUNDING; BUDGET Source and Contribution of Funds. The source of funds for this Agreement shall be the amounts received under the Act by the Consortium and any matching monies contributed by or for a Cooperating County. In addition, each of the Cooperating Counties shall pay its own staff costs to the extent not provided for under the Act. Any out of pocket costs incurred by the Lead Agency in preparing audits or other reports required by the Act shall be shared by the Cooperating Counties. E • • Budget and Disbursements. This Agreement shall not require an annual budget other than the monies and funds to be held, applied, disbursed, and accounted for the Lead Agency as required by the Act and Regulations. Matching Funds. Unless otherwise agreed as between any two or more members of the Consortium,each Cooperating County shall provide for the match required with respect to projects to be located within its jurisdiction. Distribution of Assets upon Termination. Upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus monies shall be disposed of in accordance with the Consolidated Plan and as required by the Act and Regulations. AMENDMENTS Except as to the term of this Agreement,this Agreement may be amended by the unanimous consent of the Cooperating Counties at any time. In the event that one or more Cooperating Counties elects to terminate its participation in the Program after September 30, 1993, the Agreement shall remain in effect with respect to the remaining Cooperating Counties and no amendment shall be necessary. In addition to the foregoing, the Lead Agency is authorized to execute amendments to this Agreement to permit the addition of one or more general units of local government to the Consortium, provided that the governing body of such unit of local government has adopted a resolution authorizing the unit to become part of the Consortium, such unit has executed an addendum to this Agreement agreeing to be bound by its terms,and the Lead Agency has determined that the addition of such unit is authorized by the Act and will not prevent the Consortium from qualifying as a Consortium under the Act. IN WITNESS WHEREOF, Anoka County, Dakota County, Ramsey County, and • • . Washington County have each caused this Agreement to be executed on its behalf by their duly authorized representatives and have caused their official seals,if any,to be affixed hereto, all as of the day and year first above written. .t i a i k • Dated this 6/.0'7 ' day of , 1995. (seal) WASHINGTON COUNTY Community of Ogg /iv e1: 1017S B ,K ITS ,/./ y/C4,' BY 0" ITS A ,1 �r,` r�►� APPROVED AS TO FORM: Assistant County Attorney Execution Page of Washington County for the Joint Powers Consortium Agreement with The Cooperating Counties of Anoka,Dakota, Ramsey, and Washington RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS CONSORTIUM AGREEMENT WHEREAS, pursuant to the Cranston-Gonzalez National Affordable Housing Act of 1990 (the"Act"), geographically contiguous units of general local government may form consortia for the purpose of applying for and receiving funding to assist in carrying out a Consolidated Plan under the Act; and WHEREAS, Minnesota Statutes, Section 471.59 (the"Joint Powers Act") provides that"two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any powers common to the contracting parties or any similar powers...." and"the Board of County Commissioners of any County may by Resolution enter into agreements with any other governmental unit to perform on behalf of that unit any service or function which that unit would be authorized to provide for itself'; and WHEREAS, Anoka County,Dakota County, Ramsey County and Washington County(the"Joint Parties") are geographically contiguous units of general local government within the meaning of the Act and together with the Housing and Redevelopment Authorities,Economic Development Authorities or other local entities, each have the power to carry out the Programs provided for by the Act; and WHEREAS, there has been presented to this Board a form of Joint Powers Consortium Agreement among the Joint Parties, pursuant to which the Joint Parties will, among other things, develop and carry out a housing assistance strategy and apply for and expend such Federal assistance as may be available under the Act to consortia, NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS ("the Board") OF ,MINNESOTA (the"Community") AS FOLLOWS: 1. The Board hereby finds and determines that it is in the best interests of the Community that the Community enter into the Joint Powers Consortium Agreement. 2. The Board hereby appoints the Washington County Housing and Redevelopment Authority and its designees to administer the HOME Program and to represent Washington County on the Joint Operating Committee of the Joint Powers Consortium.