RES 403 Draft 01 2008-2010 - Laserfiche WebLink

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MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF HAWAII AND STATE OF HAWAII This MEMORANDUM OF AGREEMENT (MOA), entered into on this day of , 2010, by and between the COUNTY OF HAWAI`I, a municipal corporation of the State of Hawai`i, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawai`i 96820 ( "County "), the STATE OF HAWAII by its DEPARTMENT OF DEFENSE, whose address is 3949 Diamond Head Road, Honolulu, Hawai`i 96816 ( "DOD "), and the STATE OF HAWAI`I by its DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES, whose address is Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Hawai`i 96813 ( "DAGS "). The purpose of this MOA is to coordinate the implementation, including planning, design and construction, of the Hawai`i State Emergency Outdoor Siren Warning System, together with improvements, equipment, facilities and appurtenances related thereto ( "sirens and related equipment "), throughout the County. Hawai`i Revised Statutes ( "HRS ") § 128 -2 defines a "local organization for civil defense" to include an organization created in accordance with HRS Chapter 128 to perform civil defense functions in the County of Hawaii. Civil defense functions include all those provided pursuant to HRS Chapter 128 which includes air raid warning services and communications. HRS § 128 -3 provides for the appointment of a Deputy Director for each political subdivision. HRS § 128 -6 establishes Civil Defense powers provides for direction or control of warnings and signals for alerts or attacks, and the devices to be used. Additionally, HRS § 128 -11 grants the State and the County immunity from any liability for death of or injury to persons, or property damage, as a result of any act or omission in the course of employment or in the performance of duties pursuant to HRS Chapter 128, except in cases of willful misconduct. The DOD, DAGS, and the County, by mutual consent, agree to jointly manage efforts and projects undertaken to fulfill the responsibility for the installation, maintenance and control of such warnings and devices. NOW THEREFORE, in consideration of the mutual covenants and promises herein made, the parties do hereby agree as follows: EXHIBIT "B"