Loading...
HomeMy WebLinkAboutRES 389 Draft 01 2012-2014 COUNTY OF HAWAII STATE OF HAWAII �Tf Of•N►� RESOLUTION NO. 3`,9 1. 4 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U.S. ARMY GARRISON, HAWAII - FIRE AND EMERGENCY SERVICES OFFICE, PURSUANT TO HRS 46-7, TO SUPPORT FIREFIGHTING EFFORTS WHEREAS, the U.S. Army and the County of Hawai'i desire to secure benefits of mutual aid in fire prevention, and the protection of life and property from fire, disasters either man-made or natural, or any other unforeseen incidents that impact life safety or property; and WHEREAS, the Hawai'i Fire Department will work collaboratively with the U.S. Army Garrison, Hawai'i - Fire and Emergency Services Office to mitigate fires in the County of Hawai'i; and WHEREAS, the agreement, a Memorandum of Agreement (MOA), identifies the terms and conditions of the collaboration identified above, and provides clarification of each jurisdiction's responsibilities; and WHEREAS, Hawai'i 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, an agreement, of which a draft is attached hereto and incorporated herein by reference as Exhibit "I", and related documents with the U.S. Army Garrison - Hawai'i, Fire and Emergency Services Office, to identify the terms and conditions, and provide clarification of each jurisdiction's responsibilities. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the Hawaii Fire Department and the Finance Department. Dated at Hilo , Hawai'i, this 13th day of May , 2014. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE _ County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on_ May 13,2014 X KERN X ONISHI X ATTEST: POINDEXTER X WILLE x YOSHIMOTO R — — —------ — —. 0 0 0 i Reference: _ C-826/FC-163 COUNTY CLERK CHAIRPERSON& PRESIDING OFFICER RESOLUTION NO. -3S9 1 4 Exhibit "I" MEMORANDUM OF AGREEMENT BETWEEN US ARMY GARRISON, HAWAII (FIRE AND EMERGENCY SERVICES OFFICE) AND HAWAII COUNTY FIRE DEPARTMENT This agreement made and entered into this day of 2014 by and between the County of Hawaii and the Secretary of the Army, each consenting to the terms of this Agreement bears witness that: WHEREAS, the Secretary of the Army, acting according to the authority of section 1856a, Title 42, United States Code, and the County of Hawaii desire to secure the benefits of mutual aid in fire prevention, and the protection of life and property from fire, disasters, either man made or natural, or any other unforeseen incidents that impact life safety or property and WHEREAS, the ARMY Fire and Emergency Services protects Pohakuloa Training Area and Kilauea Military Camp situated adjacent to civilian communities on the Island of Hawaii; and WHEREAS, the COUNTY maintains a Fire Department to protect the civilian communities on the Island of Hawaii, including those situated adjacent to the military installations which are protected by the Army Fire and Emergency Services; and WHEREAS, it is recognized that potential conflagration and disaster hazards exist in each of the adjacent/nearby areas, which are conceivably beyond the firefighting capabilities of either the ARMY or COUNTY to control individually, NOW, THEREFORE, in the interests of the public safety, health, and welfare the ARMY and the COUNTY do mutually agree as follows- ARTICLE I —ARMY ASSISTANCE In the event that firefighting assistance is needed, the COUNTY will place its request with the Pohakuloa Training Area Fire and Emergency Services (PTA F&ES) Fire Chief or his/her designated representative Any request for aid under this agreement will specify a location for the ARMY to send firefighting or Emergency Medical Service (EMS) forces; however, the ARMY will determine the amount and type of equipment and the number of personnel dispatched. The COUNTY will release ARMY firefighters, EMS personnel, and equipment when their services are no longer required, or when the ARMY needs them within the area for which they normally provide protection. In exigent situations where immediate assistance is required to save lives, prevent human suffering, or mitigate great property damage, the ARMY will provide assistance upon request of the COUNTY. The primary response area for the PTA F&ES is within 25 road miles of PTA Area of Responsibility (AOR) The ARMY shall consider responding beyond the primary response area depending on requirements within the PTA AOR. The ARMY will only provide assistance in these areas if the COUNTY's firefighting resources are not adequate to cope with the situation or meet the response criteria. In the event of a large brush or wildland fire in the vicinity of the Pohakuloa Training Area "Area of Responsibility", the ARMY will assist the COUNTY in controlling or containing the fire from spreading. Should a fire occur in the civilian community due to military maneuvers or encampment, or because of firing of weapons from within the Pohakuloa Training Area, the ARMY will respond with sufficient firefighting equipment and personnel to put out the fire The ARMY agrees to provide first alarm response to civilian communities where the ARMY firefighting force is the nearest source of firefighting assets, when so requested by the COUNTY insofar as requirements permit. The ARMY has sole discretion to release a military or contract helicopter with a water bucket to combat fires in locations inaccessible to the COUNTY Fire Department or where additional fire extinguishing production is required. The use of the helicopter is limited to conditions, which imminently threaten human life, human suffering, or major property destruction The County Further agrees to request personnel and a helicopter with a water bucket through the PTA F&ES Fire Chief or his/her designated representative. The COUNTY will only make such requests when large brush or wildland fires exceed the firefighting capabilities of the COUNTY The ARMY will dispatch personnel and a helicopter only as the situation requires and to the extent that personnel and equipment are available. The PTA F&ES Fire Chief or his/her designated representative remains subject to the orders of their established chain of command at all times The ARMY will equip and operate firefighting forces in accordance with pertinent Directives of the Department of Defense. ARMY firefighters will comply with laws and ordinances of the State of Hawaii and the County of Hawaii The rendering of assistance under the terms of this agreement shall not be mandatory, but the ARMY will immediately inform the COUNTY whenever the ARMY cannot render assistance. ARTICE II — COUNTY ASSISTANCE Upon request by the ARMY, the COUNTY agrees to dispatch available firefighting personnel to any point within the firefighting jurisdiction of the ARMY Installation. The COUNTY will provide assistance insofar as other COUNTY requirements permit. Any request for aid under this agreement will specify a location for the COUNTY to send firefighting or Emergency Medical Service (EMS) forces; however, the COUNTY will determine the amount and type of equipment and the number of personnel dispatched The ARMY will release COUNTY firefighters, EMS personnel, and equipment when their services are no longer required, or when the COUNTY needs them within the area for which they normally provide protection. The County will equip and operate firefighting forces in accordance with pertinent local Laws and Ordinances. COUNTY firefighters will comply with Laws and Ordinances of the State of Hawaii and County of Hawaii. The rendering of assistance under the terms of this agreement shall not be mandatory, but the COUNTY will immediately inform the ARMY whenever the COUNTY cannot render assistance. In deference to the requirements of the Department of Defense relative to the release of public information, all requests for information concerning fires at military installations will be referred to the Pohakuloa Training Area Public Affairs Officer. Employees, agents, or officers of the COUNTY will refrain from releasing fire status information to the communications media Likewise, the ARMY will not comment on fires in civilian communities, but will refer the communications media to the COUNTY information officer. ARTICLE III — COMMAND & CONTROL PROCEDURES A responding organization will report to the Officer in charge of the requesting organization to which the equipment or personnel is dispatched. Emergency operations on military installations shall be conducted with the PTA F&ES Fire Chief or his/her designated representative, and the COUNTY Fire Chief or his/her designated representative working through a Unified Incident Command Post. In the civilian communities, firefighting forces will operate under the direction of the COUNTY Fire Chief or his/her designated representative. If a crash of an aircraft owned or operated by the United States or military aircraft of any foreign nation occurs within the area for which the COUNTY normally provides fire protection, the Fire Chief of the nearest ARMY installation or his/her designated representative may assume full command of the crash scene The technical heads of the fire departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory parties All equipment used by the COUNTY fire department in carrying out this agreement will be owned by the COUNTY fire department. All personnel acting for the COUNTY fire department under this agreement will be an employee or volunteer member of the COUNTY fire department. ARTICLE IV— TRAINING Both parties agree to take advantage of education and training opportunities for their firefighting forces whenever joint training is available. The COUNTY agrees to permit personnel of the ARMY to attend firefighting training classes and/or use its training facilities on a space available basis without cost to the ARMY. The ARMY agrees to permit personnel of the COUNTY to attend firefighting training classes and/or use its training facilities on a space available basis without cost to the COUNTY. The Chief Officers and personnel of the fire departments of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections and drills ARTICLE V— COMMUNICATIONS The COUNTY and ARMY agree to provide direct line telephone service and radio communications between the COUNTY fire service and the ARMY fire service The parties may exchange radio equipment on a loan basis to maintain two-way radio communications The parties may use the COUNTY Fire Communications NET. The ARMY agrees to permit the COUNTY fire department to enter the base command communications net, to contact the military commander regarding any civilian fires covered by this agreement. The COUNTY may also enter the Tenant Unit Communications Net and the air-to-ground communications net when assisting the ARMY fire department in combating a fire at the Pohakuloa Training Area and any other location on the Island of Hawaii that is under the control of the US ARMY. ARTICLE VI — AUTOMATIC AID Army Assistance The resources of the Pohakuloa Training Area (PTA) Fire Station shall be dispatched immediately as part of the "First In" alarm assignments for all incidents occurring between the 17-Mile Marker of Highway 200 and the intersection of the Mamalahoa Highway via the Daniel K Inouye Highway, and from the junction of Highway 200 (mile marker 42) and mile marker 47 on the Old Saddle Road, inclusive of both the Mauna Kea and Mauna Loa The commanding officer of the PTA Fire Station or his/her designee shall reserve the right to decline the response of resources based upon availability and the operational needs on the Army installation. If the commanding officer is not able to respond resources to an incident, he/she shall notify the County of Hawaii Fire Department Communications Center (Dispatch) immediately upon receipt of alarm. For all incidents occurring outside of the Federal Property boundaries, Incident Command and jurisdiction shall remain with the County of Hawaii Fire Department or through a Unified Command. For all incidents occurring within the Federal Property boundaries, Incident Command and jurisdiction shall remain with the Commanding Officer of the PTA Fire Station or through a Unified Command For large standing incidents, a Unified Command shall be established and include a representative from the PTA Fire Station Resources from the PTA Fire Station shall be released from an incident as soon as possible and practical. County Assistance The resources of the Hawaii County Fire Department shall be dispatched immediately as part of the "First In" alarm assignment for all incidents occurring at the Keaukaha Military Reservation, Kawaihae Port Facility and Kilauea Military Camp. The commanding officer of the responding Fire Station or his/her designee shall reserve the right to decline the response of resources based upon availability and the operational needs within the County. If the commanding officer is not able to respond resources to an incident, he/she shall notify the US Army Fire and Emergency Services at Pohakuloa Training Area immediately upon receipt of alarm. For all incidents occurring within the Federal Property boundaries, Incident Command and jurisdiction shall remain with the County Fire Department until such time as an Army representative arrives and establishes a Unified Command For large standing incidents, a Unified Command shall be established and include a representative from the PTA Fire Station. Resources from the County Fire Department shall be released from an incident as soon as possible and practical. For all incidents occurring outside of the Federal Property boundaries, Incident Command and jurisdiction shall remain with the County of Hawaii Fire Department. ARTICLE VII —WAIVER OF CLAIMS AND REIMBURSEMENT FOR OPERATING EXPENSES Each party hereby waives all claims against the other party for compensation for any loss, damage, injury or death occurring as a consequence of the performance of this agreement except those claims authorized under 15 U.S.0 § 2210 This waiver complies with federal law codified at 42 U S C § 1856a The ARMY may claim reimbursement for the direct expenses and losses, which are additional firefighting costs above the normal operating costs, incurred while fighting a fire under this agreement at the request of the COUNTY Over and above normal operating expenses means costs, losses, and expenses which are not ordinarily and necessarily associated with the maintenance, administration and day-to-day operations of a fire service, and which would not have been incurred absent of the fire out of which the claim arises The COUNTY may file a claim for reimbursement, as provided in 44 C.F R Part 151, to the Director, FEMA, and Washington, DC 20472 The COUNTY must submit its claim in writing within ninety (90) days of the occurrence of the fire for which the claim is made The ARMY may request reimbursement directly from the COUNTY. ARTICLE VIII — SUSPENSION AND TERMINATION This mutual aid agreement is suspended whenever fires on the Island of Hawaii result in the activation of the Joint Standard Operating Procedures for Mutual Civil Emergency Support in the State of Hawaii This agreement is likewise suspended during disaster declarations made by the President of the United States under Public Law 93-288 (Stafford Act) as amended by Public Law 100- 707. This agreement shall be effective upon the date hereof and remain in full force and effect until cancelled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving thirty (30) days notice of said cancellation The ARMY and the COUNTY agree to review and update this agreement biennially. The fire chiefs for the ARMY and the COUNTY will maintain copies of all agreements. IN WITNESS HEREOF, the parties hereto have executed this Agreement This day of 2014. FOR the County of Hawaii: FOR the Secretary of the Army: Mayor, County of Hawaii Commander United States Army Garrison, PTA RECOMMENDED APPROVAL Fire Chief, County of Hawaii Fire Chief, USAG-P, F&ES APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel Date: