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Home My WebLink AboutRES 267 Draft 01 2006-2008 ,~tY Os N ~~~y -.ilk. COUNTY OF HAWAII STATE OF HAWAII 1Tj CI •M'~ RESOLUTION NO. 267 07 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII PUBLIC HOUSING AUTHORITY, PURSUANT TO HRS 46-7, FOR THE COUNTY OF HAWAI`I'S HOMELESS TRANSITIONAL HOUSING UNITS WHEREAS, the State of Hawaii Legislature enacted Act 100, Session Laws of Hawaii 2006, which amended the Homeless Assistance Act of the Hawaii Revised Statutes by adding a section on temporary emergency housing; and WHEREAS, pursuant to that amendment, the State Administration was to develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals, and that each county would be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters; and WHEREAS, pursuant to Act 100, the State Legislature appropriated funding to assist the counties in implementing the aforementioned amendment; and WHEREAS, the County of Hawaii has proposed to use the funds to purchase and provide maintenance for two houses in Hilo for shelter and services for the homeless, in partnership with the Office for Social Ministry, a private nonprofit agency; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, a Memorandum of Agreement with the Hawaii Public Housing Agency, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County of Hawaii to purchase and provide maintenance for two houses in Hilo for shelter and services for the homeless, in partnership with the Office for Social Ministry. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of Housing and Community Development and the Department of Finance. Dated at Kona ,Hawaii, this 25th day of ,,„ice , 2007. INTRODUCED BY: (/Mw- COUNCIL MEMBER, C U Y HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD I hereby certify that the foregoing RESOLUTION was by HIGA g the vote indicated to the right hereof adopted by the HOFFMANN g COUNCIL of the County of Hawaii on July 25, 2007 IKEDA g JACOBSON g ATTEST: NAEOLE X PILAGO X YAGONG X YOSHIMOTO 8 0 1 0 i ~ Reference C-539/Waived FC l.tf~~.ul~ ~!~'wu-u-v--- COUNTY CLERK CHAIRMAN P SIpING OFFICER OLUTION NO. 267 O7 t i t_. MEMORANDUM OF AGREEMENT ° Between Hawai' i Public Housing Authority, And County of Hawaii " - This Memorandum of Agreement (hereinafter "MOA"), dated ~'~l~t7 ' ~ , is made by and between the Hawaii Public Housing Authority (HPHA), a public body and a body corporate and politic of the State of Hawaii, and the County of Hawaii (COUNTY) for the purpose of providing temporary emergency housing and supportive services from June 15, 2007 to June 30, 2009. WHEREAS, pursuant to Act 100, Session Laws of Hawaii 2006 (hereinafter "Act 100"), the Hawaii State Legislature amended the Homeless Assistance Act of the Hawaii Revised Statutes by adding a section on temporary emergency housing in Part II of Act l00 (hereinafter "Amendment"). WHEREAS, pursuant to said Amendment, the State administration shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. WHEREAS, pursuant to said Amendment, each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. WHEREAS, pursuant to Act 100, the 2006 Hawaii Stale Legislature further appropriated funds to assist the counties in implementing said Amendment, including: TWO MILLION DOLLARS ($2,000,000.00) for the City and County of Honolulu, FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) for the County of Kaua' i, FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) for the County of Maui, and FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) for the County of Hawai' i. WHEREAS, the COUNTY has committed to use funds appropriated under Act 100 for the following purposes (hereinafter "COUNTY'S purposes"): Purchase and provide maintenance for two houses in Hilo for shelter and services for the homeless, in partnership with the Office of Social Ministry, a private nonprofit agency. WHEREAS, the Governor of the State of Hawaii has approved the COUNTY'S proposed use of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) and has released such funds for the COUNTY'S purposes as above-stated. WHEREAS, under Memorandum of Agreement dated August 16, 2006, the HPHA will process the COUNTY funds for allotment through the Department of Budget And Finance in accordance with Act 100. NOW THEREFORE, in order to ensure the effective and efficient delivery of services to effectuate the additional shelter spaces, be it resolved that the parties agree to the following: EXHIBIT "A" #234573 version 2/clean l L COORDINATION OF ACTIVITIES BETWEEN THE HPHA AND THE COUNTY HPHA's Responsibilities A. HPHA will release FOUR HUNDRED THOUSAND DOLLARS ($400,000) in funds appropriated in Act 100 [o the COUNTY. B. HPHA shall appoint a liaison as the point of contact between the HPHA and the COUNTY. C. HPHA shall conduct an onsite monitoring and tour of the shelter projects each quarter and a final onsite monitoring and tour at the completion of this MOA. D. HPHA shall review the use of the funds appropriated by requiring quarterly expenditure reports from the COUNTY. The COUNTY's Duties aad Responsibilities A. The COUNTY shall use the funds to purchase the two houses for use as shelters for the homeless by June 30, 2009. B. The COUNTY shall appoint a liaison as the point of contact between the HPHA and the COUNTY. C. The COUNTY shall provide fiscal and program oversight throughout the purchase of the two houses and the utilization of the houses as shelter for the homeless through [he term of this MOA. D. The COUNTY shall provide HPHA with quarterly progress reports, and other intemtittent reports as requested, through the term of this MOA. E. The COUNTY shall meet quarterly with the HPHA to review the progress through the term of this MOA. F. The COUNTY shall provide quarterly financial reports and a final report within sixty (60) days at [he end of each year of this MOA and at the end of the term of this MOA. G. Any unexpended funds under this MOA shall be returned to the HPHA. II. TIME OF PERFORMANCE The period of performance of this MOA shall be from June 15, 2007 to June 30, 2009, unless extended or temrinated sooner as provided herein. III. OPTION TO EXTEND Unless ternunated sooner, this MOA may be extended up to an additional twelve (12) month period at the sole discretion of the HPHA. H234573 ve~aion 2/ clean 2 IV. PERIOD OF RETENTION The COi1NTY shall maintain activity and financial accounting records for funds provided under this MOA for a period of not less than three (3) years from the final settlement of [his MOA. V. MODIFICATION OF THE MOA Any modification, alterations, or changes to [his MOA shall be made only in writing and executed by the HPHA and the COLJN"I'Y. VL TERMINATION OF THE MOA This MOA maybe terminated earlier than June 30, 2009, by either the HPHA or [he COUNTY by written notice sent thirty (30) days prior to the termination date. Such notice shall include a brief statement of the reason for termination. VII. BINDING EFFECT OF THE MOA This MOA is a binding agreement. It is not intended to create any rights, interests, or remedies for any third party beneficiaries, and third parties may not rely upon this MOA to assert any claim against the State of Hawaii or the County of Hawaii or any State/County employee, whether individually or in their official capacity. The parties are not legally "partners" to the extent that encompasses joint and several liability. Each party is responsible for its own employees and representatives. #234573 version 2/clean 3