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Home My WebLink AboutRES 284 Draft 01 2010-2012 •�J+SY OS.... , COUNTY OF HAWAII •_ �" STATE OF HAWAII RESOLUTION NO. 284 12 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A SUPPLEMENTAL AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, PURSUANT TO HRS 46-7, FOR THE CONSTRUCTION OF THE NA KAHUA HALE 0 ULU WINI PROJECT, FORMERLY KNOWN AS THE KALOKO RENTAL HOUSING PROJECT WHEREAS, the State of Hawaii Department of Business, Economic Development and Tourism's Hawaii Housing Finance and Development Corporation (HHFDC) has authorized federally derived funds to be used by the Hawaii County Office of Housing and Community Development (OHCD); and WHEREAS, the funds are to be used for the construction of the Na Kahua Hale 0 Ulu Wini project, formerly known as the Kaloko Rental Housing Project; and WHEREAS, these funds will enable the OHCD to construct one (1) additional affordable rental unit; 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, Hawai'i Revised Statutes, that the Mayor of the County of Hawai'i is authorized to execute, on behalf of the County, a supplemental agreement (Supplemental Contract 2 to Contract PEO-09-03), attached hereto and incorporated herein by reference as Exhibit "A", and related documents with the HHFDC, to enable the County to construct an additional affordable rental unit for the Na Kahua Hale 0 Ulu Wini project. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance Department, and the Hawaii County Office of Housing and Community Development. Dated at Hilo , Hawai`i, this 6th day of September , 2012. INTRODUCED BY: 2.b.Z. COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on September 6, 2012 ATTEST: �{9 ROLL CALL VOTE Reference: C- 795 /Waived FC COUNTY CLERK CHAIRPERSON & PRESIDING FICER RESOLUTION NO. 284 12 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C- 795 /Waived FC COUNTY CLERK CHAIRPERSON & PRESIDING FICER RESOLUTION NO. 284 12 EXHIBIT "A" 1 NEIL ABERCROMBIE , a .A° '; KAREN SEDDON GOVERNOR '1.-, ..+ EXECUTIVE DIRECTOR N. :%--- • e4 STATE OF HAWAII DEPARTMENT OF BUSINESS,ECONOMIC DEVELOPMENT&TOURISM HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION 677 CUEEN STREET,SUITE 300 HONOLULU,HAWAII 96813 12:FIN/1213 FAX (808)587-0600 July 12, 2012 Stephen J. Arnett,Housing Administrator O _ Office of Housing and Community Development C rn 50 Wailuku Drive c7 7) Hilo, Hawaii 96720 i`- y v T1 L5-' i Dear Mr. Arnett: - — Subject: Neighborhood Stabilization Program lU Supplemental Contract No. 2 to Contract PEO-09-03 Enclosed for your execution are three (3)sets of the Supplemental Contract No. 2 to Contract PEO-09-03. pursuant to our Notice of Award letter dated June 1, 2012. This supplemental contract will increase the NSP funds by$400,000 for the construction of the Na Kahua Hale 0 Ulu Wini project(formerly known as the Kalako Rental Housing Project). Please execute and notarize three sets and return them to the Hawaii Housing Finance and Development Corporation for execution. Upon completion, a fully executed original will be returned for your files. Should you have any questions,please contact Ms. Glori Inafuku,Finance Specialist,at (808) 587-0538. Sincerely i c. Karen Seddon Executive Director Enclosure S1.CI."4 ,- % s,„ ,' • ' STATE OF HAWAII e .:..r�,, SUPPLEMENTAL CONTRACT NO. 2 'fie TO CONTRACT PEO-09-03 (Insert contract number or other identifying information) This Supplemental Contract No. 2 ,executed on the respective dates indicated below,is effective as of , 2012 ,between the Hawaii Housing Finance and Development Corporation ,State of Hawaii (Insert name of state department,agency,board or commission) ("STATE"),by its Executive Director (Insert title of state officer executing contract) (hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee("HOPA")), whose address is 677 Queen Street,Suite 300 Honolulu,Hawaii 96813 ,and County of Hawaii ("CONTRACTOR"), a political subdivision of the State of Hawaii (Insert corporation,partnership,joint venture,sole proprietorship or other legal form of the CONTRACTOR) under the laws of the State of Hawaii ,whose business address and federal and state taxpayer identification numbers are as follows: Office of Housing and Community Development 50 Wailuku Drive;Hilo,HI 96720 RECITALS A. WHEREAS,the STATE and the CONTRACTOR entered into Contract PEO-09-03 Neighborhood Stabilization Program (Insert contract number or other identring information) dated June 12 , 2009 ,which was amended by Supplemental Contract No(s). 1 dated February 15 , 2012 ,which was amended by Supplemental Contract No(s). dated , ,which was amended by Supplemental Contract No(s). dated (hereafter collectively referred to as"Contract"),whereby the CONTRACTOR agreed to provide the goods or services,or both,described in the Contract;and B. WHEREAS,the parties now desire to amend the Contract. NOW,THEREFORE,the STATE and the CONTRACTOR mutually agree to amend the Contract as follows: (Check Applicable box(es)) El Amend the SCOPE OF SERVICES according to the terms set forth in Attachment-S1, which is made a part of the Contract. 0 Amend the COMPENSATION AND PAYMENT SCHEDULE according to the terms set forth in Attachment-S2,which is made a part of the Contract. 0 Amend the TIME OF PERFORMANCE according to the terms set forth in Attachment-S3,which is made a part of the Contract. ElAmend the SPECIAL CONDITIONS according to the terms set forth in Attachment-56 SUPPLEMENTAL SPECIAL CONDITIONS,which is made a part of the Contract. 0 Recognize the CONTRACTOR'S change of name. FROM: AG-005-1a Rev 07/09/2010 1 TO: As set forth in the documents attached hereto as Exhibit ,and incorporated herein. A tax clearance certificate from the State of Hawaii ❑is I is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Contract. A tax clearance certificate from the Internal Revenue Service ❑is Q is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Contract. The entire Contract,as amended herein,shall remain in full force and effect. IN VIEW OF THE ABOVE,the parties execute this Contract by their signatures,on the dates below,to be effective as of the date first above written. FUNDING AGENCY:(if other than STATE contracting agency) By (Signatwe) Signature Karen Seddon (Print Name) PRINT NAME: Executive Director DIRECTOR OF (Print Title) DATE: (Date) CONTRACTOR CORPORATE SEAS. (If available) County of Hawaii (Name of Contractor) (Signature) William P.Kenoi (Print Name) Mayor (Print Tale) (Date) APPROVED AS TO FORM: Deputy Attorney General Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached. 2 AG-005-1a Rev 07/09/2010 SUPPLEMENTAL CONTRACT NO. 2 TO CONTRACT NO. PEO-09-03 CONTRACTOR RECOMMEND APPROVAL: Stephen I Arnett Housing Administrator Date: APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawai'i Date: 3