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Home My WebLink AboutRES 554 Draft 01 2006-2008 ~Ntr as xy~ COUNTY OF HAWAII ~V STATE OF HAWAII T~ Of ~N~ RESOLUTION NO. 554 UZS 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 HOMEOWNERSHIP PROGRAM WHEREAS, the State of Hawaii Legislature enacted Act 237, Session Laws of Hawaii 2007, relating to social services; and WHEREAS, Section 3 of Act 237, appropriated $ 500,000 in funds to the Hawaii Public Housing Authority (HPHA) to encourage homeownership through the Housing Choice Voucher (Section 8) and Section 8 Family Self-Sufficiency (FSS) Programs; and WHEREAS, the HPHA intends to allocate $ 50,000 of this appropriation to the Hawaii County Housing Agency to use for the purpose set forth in Act 237; and WHEREAS, the purpose of the funds is to increase outreach to Section 8 FSS and the Section 8 Homeownership Option Program participants; increase administrative support to both programs, provide matching grants or loan forgiveness to program participants; and provide additional matches to Housing Choice Voucher FSS Program participants to build homeownership savings; 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 pursue a homeownership program. 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 Hilo ,Hawaii, this 25th day of March , 2008. INTRO CED BY: U~^---= COUNCIL MEMBER, O N O 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 X COUNCIL of the County of Hawaii on March 25, 2008 IKEDA X JACOBSON X ATTEST: NAEGLE X PILAGO X YAGONG X YOSHIMO"f0 g 9 0 0 0 C-1065/FC-255 Reference _ ~Jtc~ ~ 554 U8 C'~OiJN Y C~ C AIRM RES G OFFICE RESOLUTION NO. MEMORANDUM OF AGREEMENT Between Hawaii Public Housing Authority And Hawaii County Housing Agency This Memorandum of Agreement ("MOA"), dated is made and entered into between the Hawaii Public Housing Authority ("HPHA") a governmental entity and the public housing agency, whose principal offices are located at 1002 North School Street, Honolulu, Hawaii 96817 and the Hawaii County Housing Agency ("HCHA") a governmental entity whose principal offices are located at 50 Wailuku Drive, Hilo, Hawaii 96720 for the purpose of providing support for the Section 8 Family Self- Sufficiency ("FSS") and programs. For the purpose of this MOA, the time frame is from March 1, 2008, through June 30, 2008, provided that this MOA is agreed to and approved. Any additions or changes to this MOA shall be mutually agreed upon and executed in writing by the HPHA and the HCHA. WITNESSETH: WHEREAS, pursuant to Section 3 of Act 237, the 2007 Hawaii State Legislature appropriated $500,000 in funds for the HPHA to encourage homeownership through the Housing Choice Voucher (Section 8) and Family Self-Sufficiency (FSS) Programs; WHEREAS, the purpose of the funds is to increase outreach to Section 8 Homeownership Option and FSS Program participants; increase administrative support to both programs; provide matching grants or loan forgiveness to program participants; and provide additional State matches to FSS program participants to build homeownership savings; WHEREAS, the HCHA administers the Housing Choice Voucher (Section 8) program and the FSS and Homeownership Option Program, both which serves participants eligible for matching grants or loan forgiveness for purpose of homeownership; EXHIBIT "A" WHEREAS, the HPHA intends to allocate $50,000 for the HCHA under this MOA to use for the purpose set forth in Act 237, 2007 Session Laws Hawaii ("SLH); NOW THEREFORE, be it resolved that the parties agree to the following: A. DUTIES and RESPONSIBILITIES OF HCHA 1. The HCHA shall oversee the administration of the funds received under this MOA and shall be solely responsible to ensure that matching funds and expenditures are encumbered for eligible costs and participants; 2. The HCHA shall abide by the requirements of the federal Housing Choice Voucher (Section 8), the FSS and Section 8 Homeownership Option Programs; 3. The HCHA shall provide a report of a written activity and financial report to the HPHA no later than ten (10) business days after the end of each quarter. The HPHA agrees to provide additional program information upon request by the HPHA, in response to inquiries by the State Legislature; 4. The HCHA agrees to meet or discuss program information, program outcomes, and barriers to achievement of outcomes, and any other issues as necessary on a quarterly basis. The HCHA shall be responsible to inform the HCHA in the event that it is unable to expend all funds prior to the end of the MOA; 5. The HCHA may subcontract any or all sums allocated under this MOA at its discretion. The HCHA shall provide the HPHA with written notice of any subcontracts; 6. The HCHA agrees that the HPHA may, at reasonable times and places, audit the books and records if the HCHA as it relates to the funds and activities provided under this MOA. The HCHA aggress that all books, files, and records shall be open to the HPHA, its auditors, the State Legislature or its designee(s) for the purpose of monitoring performance under this MOA; _ 7. The HCHA shall comply with all federal, state and county laws, ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way affect the HCHA performance. B. DUTIES AND RESPONSIBILITY OF HPHA 1. The HPHA shall process the HCHA request for payment in an amount not to exceed fifty thousand and no/100 dollars ($50,000) to be used in accordance with Act 237, 2007 SLH; 2. The HPHA shall be responsible to coordinate all reporting activities to the State Legislature, including financial expenditures; participants served, and program successes and barriers. C. AMOUNT OF AGREEMENT Under this MOA the HCHA shall be provided an amount not to exceed fifty thousand and no/100 dollars ($50,000) as follows: $47,000 Program Cost (participant grants, outreach, loan forgiveness) $ 3,000 Program Supplies The amount of the MOA may be increase or decreased upon mutual agreement in writing by both parties. The HCHA must submit a written payment requires one (1) original and three (3) copies to the HPHA at the address set forth above. D. TIME OF PERFORMANCE The period of performance of this Agreement shall be from March 1, 2008, through June 30, 2008, unless extended or sooner terminated as provided herein. Unless sooner terminated, this MOA may be extended up to an additional twelve (12) month period upon agreement by both parties. A Supplement Agreement must be executed by both parties prior to expiration of the primary MOA. E. MODIFICATION OF AGREEMENT Any modification, alterations or changes to this MOA shall be made only by written Supplemental Agreements executed by both parties. F. TERMINATION OF AGREEMENT This MOA may be terminated earlier than June 30, 2008, by either party through written notice sent thirty (30) days prior to the termination date that includes a brief statement of the reason for termination. G. BINDING EFFECT OF THE AGREEMENT 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 or any State employee, whether individually or in their official capacity. IN WITNESSETH WHEREOF, the HPHA and the HCHA have executed this MOA as of the date written above. HAWAII PUBLIC HOUSING COUNTY OF HAWAI I AUTHORITY By: By: CHAD K. TANIGUCHI HARRY KIM Its: Executive Director Its: Mayor APPROVED AS TO FORM RECOMMEND APPROVAL: DEPUTY ATTORNEY GENERAL EDWIN S. TAIRA HOUSING ADMINISTRATOR Date: APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL Date: