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State-coh moa.final.9-13-2011.doe <br /> MEMORANDUM OF AGREEMENT <br /> BETWEEN THE <br /> COUNTY OF HAWAII <br /> AND <br /> STATE OF HAWAII <br /> This MEMORANDUM OF AGREEMENT (MOA), entered into on this Z3 t-g/ day of <br /> NO vewibC� , 2011, by and between the COUNTY OF HAWAII, a municipal <br /> corporation of the State of Hawai`i, whose principal place of business and mailing address is 25 <br /> Aupuni Street, Hilo, Hawaii 96820 ("COUNTY"), the STATE OF HAWAI`I by its <br /> DEPARTMENT OF DEFENSE, whose address is 3949 Diamond Head Road, Honolulu, <br /> Hawai`i 96816 ("DOD"), and the STATE OF HAWAI`I by its DEPARTMENT OF <br /> ACCOUNTING AND GENERAL SERVICES, whose address is Kalanimoku Building, 1151 <br /> Punchbowl Street, Honolulu, Hawai`i 96813 ("DAGS"). <br /> The purpose of this MOA is to coordinate the implementation, including planning, design <br /> and construction, of the Hawai`i State Emergency Outdoor Siren Warning System, together with <br /> improvements, equipment, facilities and appurtenances related thereto ("sirens and related <br /> equipment"), throughout the County of Hawaii. <br /> Hawai`i Revised Statutes ("HRS") § 128-2 defines a"local organization for civil <br /> defense" to include an organization created in accordance with HRS Chapter 128 to perform civil <br /> defense functions in the County of Hawai`i. Civil defense functions include all those provided <br /> pursuant to HRS Chapter 128 which includes air raid warning services and communications. <br /> HRS § 128-3 provides for the appointment of a Deputy Director for each political subdivision. <br /> HRS § 128-6 establishes Civil Defense powers provides for direction or control of warnings and <br /> signals for alerts or attacks, and the devices to be used. <br /> Additionally, HRS § 128-11 grants the State of Hawai'i and the County of Hawai'i <br /> immunity from any liability for death of or injury to persons, or property damage, as a result of <br /> any act or omission in the course of employment or in the performance of duties pursuant to <br /> HRS Chapter 128, except in cases of willful misconduct. <br /> The DOD, DAGS, and the COUNTY by mutual consent, agree to jointly manage efforts <br /> and projects undertaken to fulfill the responsibility for the installation, maintenance and control <br /> of such warnings and devices. <br /> 1 of 6 <br />