RES 377 Draft 01 2016-2018 - Laserfiche WebLink

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-2- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government,to provide the Government a copy of each such audit without its request,and to forward to the Government such additional information and reports as it may from time to time require. 13 To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established,disbursements from that account(s)may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained. Also,with the prior written approval of the Government,funds may be withdrawn and used for such things as emergency maintenance,extensions to facilities and replacement of short lived assets. 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA's concurrence prior to refusing new or adequate services to such persons.Upon failure to provide services which are feasible and legal,such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17 To accept a grant in an amount not to exceed$ FOUR MILLION TWENTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($4,024,800) under the terms offered by the Government;that the MAYOR,DIRECTOR OF ENVIRONMENTAL MANAGEMENT,FINANCE DIRECTOR and COUNCIL CHAIR of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant;and to operate the facility under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee.The provisions of sections 6 through 17.hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should he found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee. The vote was: Yeas Nays Absent IN WITNESS WHEREOF,the COUNTY COUNCIL of the COUNTY OF HAWAII has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this day of 2017 (SEAL) BY Attest: Title COUNCIL CHAIR Title COUNTY CLERK