Asheville Regional Housing Consortium Joint Cooperation Agreement
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 5-21-2001.]
THIS AGREEMENT, entered into this 21st day of May, 2001, by and between geographically
contiguous units of general local government as shown on the signature pages attached hereto which
may include Buncombe, Henderson, Madison and Transylvania Counties, and governmental units
located within said counties (herein called "Cooperating Units"), and City of Asheville (herein called
"Lead Entity"), all of which are general local governmental units of the State of North Carolina, and
this agreement is made pursuant Chapter 160A, Article 20 of the North Carolina General Statutes.
WITNESSETH THAT:
WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended
(herein called the "Act"), makes provisions whereby units of general local government may enter into
cooperation agreements and form a Consortium to undertake or assist in undertaking affordable housing
pursuant to the HOME Investment Partnership Program (Home Program); and
WHEREAS, it is the desire of the parties that the Lead Entity continue to act in a representative
capacity for the Cooperating Units as well as itself. The Cooperating Units desire that the Lead Entity
assume overall responsibility for ensuring that the Consortium established below, is carried out in
compliance with the requirements of the Act, state and federal regulations program requirements and the
Consolidated Plan for the Consortium.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1.
To continue the Asheville Regional Housing Consortium (the Consortium) established in
1992 as a joint agency, pursuant to N.C.G. S.
160A-462, for the purposes of cooperatively providing safe,
affordable and standard housing, promoting economic development and alleviating housing problems in the
counties of Buncombe, Madison, Henderson and Transylvania and the participating municipalities located
in those counties.
2.
The Asheville Regional Housing Consortium Board of Directors (the Board) will
continue to provide policy direction for the operations of the Consortium. The Board will meet at least
quarterly or as often as considered necessary by the Lead Entity or by a majority of the members of the
Consortium. The membership of the Board shall be comprised of one member from each Cooperating Unit,
except that Cooperating Units with population over 35,000 shall have two members. For the purposes of
this section, the County population shall consist of residents of unincorporated areas. The Board shall
provide an Annual Report summarizing the status and accomplishments of the consortium to the Governing
Body of each member. The Board shall establish policy and administrative arrangements to carry out the
functions of the Consortium including, but not limited to, approving proposals for funding submitted by the
Consortium, distributing funds awarded to the Consortium and recommending contracts for carrying out
the functions of the Consortium. With respect to the financial and legal obligations undertaken by the Lead
Entity with HUD, no action shall be taken by the Consortium without the concurrence of the Lead Entity.
The Cooperating Units shall continue to appropriate number of members to serve on the Board upon
notification by HUD that the Consortium is designated as a participating jurisdiction under the HOME
program. In the event the Board consists of more than 9 representatives, an executive committee will
continue consisting of 5 members representing one each from the four County Governments and one from
the Lead Entity. The Lead Entity shall designate one of its representatives to serve as Chairman of the
Board and the Executive Committee.
3.
The Lead Entity and each Cooperating Unit shall be responsible for providing matching
funds required by federal regulations for any funds allocated for that jurisdiction. No Cooperating Unit
shall refuse to provide matching funds required by its projects for the period of time that the participation
of that Cooperating Unit is required in the Consortium by HUD regulations and this Agreement. Each
  
Cooperating Unit shall reimburse the Lead Entity immediately and in full for any and all expenses incurred
by the Lead Entity as a result of the failure of any Cooperating Unit to provide the matching funds.
Matching funds will not be required when the Cooperating Unit does not have a project within its
jurisdiction.
4.
The Cooperating Units hereby authorize the Lead Entity to submit, request and receive
HOME funding from the United States Department of Housing and Urban Development on behalf of the
Consortium and to otherwise act on behalf of the Consortium as authorized by the Board.
5.
The Cooperating Units hereby authorize the Lead Entity to establish a local HOME
Investment Trust Fund for receipt of HOME funds and repayments as required by 24 CFR Part 92.503.
6.
The Lead Entity and Cooperating Units shall cooperate in the implementation of the
HOME Program and shall cooperate in the preparation of the Consolidated Plan by providing to the Lead
Entity that information needed.
7.
The Lead Entity and Cooperating Units shall be entitled to a pro rata portion of the
HOME Program funding for eligible uses under the Act and each shall be responsible for meeting their pro
rata portion of the matching fund requirements. If no amounts are established by the Federal government
for the Lead Entity and Cooperating Units in the Consortium, funds for the Lead Entity and Cooperating
Units shall be allocated by the Board.
8.
The Consortium agrees that at least 15% of all HOME Program funds received will be
subcontracted for projects administered by Community Housing Development Organizations as defined in
the Act which have 501(c) tax status as required by federal law.
9.
The Board shall have the right to reallocate HOME Program funding to the Consortium
to be used by other Consortium members when a Cooperating Unit is unable to use the funding due to lack
of eligible projects or matching resources. A schedule for reallocation shall be determined by the Board to
allow HOME Program funding to be used by the Consortium before reallocation by the U.S. Department of
Housing and Urban Development to jurisdictions outside the Consortium. The reallocation of funds that are
unable to be used shall be consistent with the Consortium's adopted Consolidated Plan.
10.
With reference to any program income and repayments generated from the HOME funds,
federal regulations shall govern placement of program income generated from HOME funds and
repayments into the local trust fund. The Lead Entity shall, if requested and to the extent possible,
separately account for program income and repayments on each Cooperating Unit's projects. Program
income and repayments on projects shall only be available to the Cooperating Unit for use on activities that
are consistent with the Act and the approved Consolidated Plan.
11.
The Cooperating Units and Lead Entity shall affirmatively further fair housing.
12.
The Lead Entity and Cooperating Units, as parties to the Consortium, shall direct all
activities, with respect to the Consortium, to the alleviation of housing problems in the State of North
Carolina.
13.
The Cooperating Units and Lead Entity agree that each will save the other harmless due
to the negligent acts of its employees, officers or agents, including volunteers, or due to any negligent
operation of equipment. This section shall not be construed as waiving any defense or limitation which
either party may have against any claim or cause of action by any person not a party to this agreement. The
Cooperating Units shall not be held harmless for liability that may result from failure to provide proper
accounting or otherwise comply with State and Federal regulations. Each Cooperating Unit shall
immediately reimburse the Lead Entity in full for any and all expense for which the Lead Entity shall
become responsible in its role as Lead Entity. To the extent that such expense is incurred by the acts or
omissions of a single Cooperating Unit, that Cooperating Unit shall make such reimbursement in full. To
the extent that such expense is incurred by acts or omissions of two or more Cooperating Units, said
reimbursement shall be shared proportionately by those Cooperating Units.
  
14.
The Lead Entity and the Cooperating Units agree to remain in the Consortium at least
through September 30, 2004. Thereafter, each party shall continue to participate in the Consortium to the
extent required by HUD regulations or other applicable law. The obligations of each of the parties as set
forth herein and as required by HUD regulations and other applicable law shall remain effective for the
duration of any responsibility of the Consortium or Lead Entity to HUD. The Lead Entity and cooperating
units agree not to withdraw from the Agreement prior to September 30, 2004.
15.
Should disputes arise between any participants in the Consortium resulting in legal
action, such actions shall be filed in the appropriate courts of Buncombe County. All parties hereto located
in Counties outside Buncombe County specifically waive any alternate venue.
16.
The program year start date for the Consortium shall be July 1, 2001. The Lead Entity
and cooperating units agree to have the same program year for CDBG, HOME, ESG and HOPWA.
______________________________________________________________________________________
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HENDERSON COUNTY BOARD OF COMMISSIONERS
1 Historic Courthouse Square, Suite #1
Hendersonville, NC 28792
Phone (828) 697-4808 ? Fax (828) 698-4443
                            
BILL MOYER  
             TDD: (828) 697-458
Chairman
MARK WILLIAMS
Vice-Chairman
RESOLUTION TO AUTHORIZE RENEWAL OF
THE JOINT COOPERATION
AGREEMENT WITH THE ASHEVILLE REGIONAL HOUSING CONSORTIUM
WHEREAS, 
Henderson County, North Carolina, has determined that the health and welfare of its
citizens and the economic vitality of the area will benefit from increasing the availability
of decent, safe, affordable housing; and
WHEREAS,
a cooperative regional approach to providing housing avoids duplication of effort and
promotes more effective delivery of services; and
WHEREAS, 
a consortium of area local governments is entitled to receive funding from the U. S.
Department of Housing and Urban Development under the HOME Investment
Partnerships Act that they would be unqualified to receive individually; and
WHEREAS, 
of the North Carolina General Statutes authorizes units of local
government to enter into contracts or agreements with each other in order to execute any
undertaking; and
WHEREAS,
in 1993 the City of Asheville and other units of local governments in Buncombe,
Henderson, Madison, and Transylvania Counties formed the Asheville Regional Housing
Consortium, enabling the City of Asheville to receive and administer HOME funds on
behalf of the Consortium; and
WHEREAS, 
the U.S. Department of Housing and Urban Development requires such Consortia to be
formally re-designated every three years;
NOW, THEREFORE, be it resolved that we, the Henderson County Board of Commissioners, do
hereby support the continuation of the Asheville Regional Housing Consortium and authorizes the
Chairman to execute agreements with other participating units of general purpose local government in
Buncombe, Transylvania and Madison Counties to continue this Consortium. The Chairman is further
authorized to sign all contracts approved by the City Attorney with other Governmental Agencies as may
be required to carry out activities of the Cooperation Agreement.
Adopted this the 5th day of April, 2010
____________________________________________
WILLIAM L.MOYER, CHAIRMAN
HENDERSON COUNTY BOARD OF COMMISSIONERS
ATTEST:
__________________________________
TERESA L.WILSON, CLERK TO THE BOARD
CHUCK MCGRADY
CHARLIE MESSER
LARRY YOUNG
  
ASHEVILLE REGIONAL HOUSING CONSORTIUM
JOINT COOPERATION AGREEMENT
THIS AGREEMENT, entered into this ________ day of ___________, 20___, by and between
geographically contiguous units of general local government as shown on the signature pages attached
hereto which may include Buncombe, Henderson, Madison and Transylvania Counties, and governmental
units located within said counties, (herein called "Cooperating Units") and City of Asheville (herein called
"Lead Entity"), all of which are general local governmental units of the State of North Carolina, and this
agreement is made pursuant Chapter 160A, Article 20
of the North Carolina General Statutes.
WITNESSETH THAT:
WHEREAS,
the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended
(herein called the "Act") makes provisions whereby units of general local government may enter into
cooperation agreements and form a Consortium to undertake or assist in undertaking affordable housing
pursuant to the HOME Investment Partnerships Program (Home Program); and
WHEREAS,
it is the desire of the parties that the Lead Entity continue to act in a
representative capacity for the Cooperating Units as well as itself. The Cooperating Units desire that the
Lead Entity assume overall responsibility for ensuring that the Consortium established below, is carried out
in compliance
with the requirements of the Act, state and federal regulations program requirements and the
Consolidated Plan for the Consortium.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. 
To continue the Asheville Regional Housing Consortium (the Consortium) established in
1992 as a joint agency, pursuant to N.C. General
Statute 160A-462, for the purposes of cooperatively
providing safe, affordable and standard housing, promoting economic development and alleviating
housing problems in the counties of Buncombe, Madison, Henderson and Transylvania and the
participating municipalities located in those counties.
2. 
The Asheville Regional Housing Consortium Board of Directors (the Board) will
continue to provide policy direction for the operations of the Consortium. The Board will meet at least
quarterly or as often as considered necessary by the Lead Entity or by a majority of the members of the
Consortium. The membership of the Board shall be comprised of one member
from each Cooperating Unit,
except that Cooperating Units with population over 35,000 shall have two members. For the purposes of
this section, the County population shall consist of residents of unincorporated areas. The Board shall
provide an Annual Report summarizing the status and accomplishments of the consortium to the Governing
Body of each member.
The Board shall establish policy and administrative arrangements to carry out the
functions of the Consortium including, but not limited to, approving proposals for funding submitted by the
Consortium, distributing funds awarded to the Consortium and recommending contracts for carrying out
the functions of the Consortium. With respect to the financial and legal obligations undertaken by the Lead
Entity with HUD, no action shall be taken by the Consortium without the concurrence of the Lead Entity.
The Consortium is designated as a participating jurisdiction under the HOME Program, and Cooperating
Units shall continue to appoint members to serve on the Board. In the event the Board consists of more than
9 representatives, an executive committee will continue consisting of 5 members representing one each
from
the four County Governments and one from the Lead Entity. The Lead Entity shall designate one of
its representatives to serve as Chairman of the Board and the Executive Committee.
3. 
The Lead Entity and each Cooperating Unit shall be responsible for providing matching
funds required by federal regulations for any funds allocated for that jurisdiction. No Cooperating Unit
shall refuse to provide matching funds required by its projects for the period of time that the participation
of that Cooperating Unit is required in the Consortium by HUD
regulations and this Agreement. Each
Cooperating Unit shall reimburse the Lead Entity immediately and in full for any and all expenses incurred
by the Lead Entity as a result of the failure of any Cooperating Unit to provide the matching funds.
Matching funds will not be required when the Cooperating Unit does not have a project within its
jurisdiction.
  
4. 
The Cooperating Units hereby authorize the Lead Entity to submit, request and receive
HOME funding from the United States Department of Housing and Urban Development on behalf of the
Consortium and to otherwise act on behalf of the Consortium as authorized by the Board.
5. 
The Cooperating Units hereby authorize the Lead Entity to establish and maintain a local
HOME Investment Trust Fund for receipt of HOME funds and repayments as required by 24 CFR Part
92.500.
6. 
The Lead Entity and Cooperating Units shall cooperate in the implementation of the
HOME Program and shall cooperate in the preparation of the Consolidated Plan by providing to the Lead
Entity that information needed.
7. 
The Lead Entity and Cooperating Units shall be entitled to a pro rata portion of the
HOME Program funding for eligible uses under the Act and each shall be responsible for meeting their pro
rata portion of the matching fund requirements. If no amounts are established by the Federal government
for the Lead Entity and Cooperating Units in the Consortium, funds for the Lead Entity and Cooperating
Units shall be allocated by the Board.
8. 
The Consortium agrees that at least 15% of all HOME Program
funds received will be
subcontracted for projects administered by Community
Housing Development Organizations (CHDOs) as
defined in the Act which have 501(c) tax status as required by federal law.
9. 
The Board shall have the right to reallocate HOME Program
funding to the Consortium
to be used by other Consortium members when a Cooperating Unit is unable to use the funding due to lack
of eligible projects or matching resources. A schedule for reallocation shall be determined by the Board to
allow HOME Program funding to be used by the Consortium before reallocation by the U.S. Department of
Housing and Urban Development to jurisdictions outside the Consortium. The reallocation of funds that are
unable to be used shall be consistent with the Consortium's adopted Consolidated Plan.
10. 
With reference to any program income and repayments generated from the HOME funds,
federal regulations shall govern placement of program
income generated from HOME funds and
repayments into the local trust fund. The Lead Entity shall, if requested and to the extent possible,
separately account for program income and repayments on each Cooperating Unit's projects. Program
Income and repayments on projects shall only be available
to the Cooperating Unit for use on activities that
are consistent with the Act
and the approved Consolidated Plan.
11.
The Cooperating Units and Lead Entity shall affirmatively further fair housing.
12. 
The Lead Entity and Cooperating Units, as parties to the Consortium, shall direct all
activities, with respect to the Consortium, to the alleviation of housing problems in the State of North
Carolina.
13. 
The Cooperating Units and Lead Entity agree that each will save the other harmless due
to the negligent acts of its employees, officers or agents, including volunteers, or due to any negligent
operation of equipment. This section shall not be construed as waiving any defense or limitation which
either party may have against any claim or cause of action by any person not a party to this agreement. The
Cooperating Units shall not be held harmless for liability that may result from failure to provide proper
accounting or otherwise comply with State and Federal regulations. Each Cooperating Unit shall
immediately reimburse the Lead Entity in full for any and all expense for which the Lead Entity shall
become responsible in its role as Lead Entity. To the extent that such expense is incurred by the acts or
omissions of a single Cooperating Unit, that Cooperating Unit shall make such reimbursement in full. To
the extent that such expense is incurred by acts or omissions of two or more Cooperating Units, said
reimbursement shall be shared proportionately by those Cooperating Units.
  
14. 
The Lead Entity and the Cooperating Units agree to remain in the Consortium at least
through September 30, 2013. Thereafter, each party shall continue to participate in the Consortium to the
extent required by HUD
regulations or other applicable law. The obligations of each of the parties as set
forth herein and as required by HUD regulations and other applicable law shall remain effective for the
duration of any responsibility of the Consortium or Lead Entity to HUD. The Lead Entity and cooperating
units agree not to withdraw from the Agreement prior to September 30, 2013.
15. 
Should disputes arise between any participants in the Consortium resulting in legal
action, such actions shall be filed in the appropriate courts of Buncombe County. All parties hereto located
in Counties outside Buncombe County specifically waive any alternate venue.
16.
The program year start date for the Consortium shall be July 1, 2010. The Lead Entity
and cooperating units agree to have the same program
year for CDBG, HOME, ESG and HOPWA.
17.
Renewal. Unless otherwise terminated by agreement in writing of all parties hereto or by
termination of the HOME program by HUD, this agreement shall automatically be renewed for successive
three-year qualification periods under the same terms and conditions. The parties agree that the Lead Entity
(The City of Asheville) will notify each consortium member
in the Right Not to Participate Notice if there
are any amendments that will be required to the Agreement. These changes would include, but not be
limited
to, changes to the management process, voting, distribution of funds, or other administrative
matters. Any Participating Unit shall have the right to withdraw from the consortium at the beginning of
any renewal period by giving notice in writing to the City of Asheville. For each renewal period, the City of
Asheville shall, by the date specified in HUD’s consortia designation notices, notify each of the
Participating Units in writing of its right not to participate for that renewal period and shall provide copies
of all such notifications to HUD.
IN WITNESS WHEREOF, the lead entity and the Cooperating Units have caused this Agreement to be
executed by a duly authorized officer of each party.