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HomeMy WebLinkAboutRES 148 Draft 01 2002-2004 COUNTY OF HAWAII ~ STATE OF HAWAI`[ RESOLUTION NO. 148 0~.~ RESOLUTION TO AMEND RESOLUTION NO. 11-03 BY REPLACING EXHIBIT "A" WHEREAS Resolution No. 11-03 was adopted by the Council of the County of Hawaii on January 8, 2003; and WHEREAS Resolution No. 11-03 authorized the mayor to execute the Federal Emergency Management Agency (FEMA) Cooperating Technical Partners Partnership Agreement to enable the County to formalize its collaboration with FEMA in the flood hazard identification and mapping processes; and WHEREAS the original Exhibit "A" attached to Resolution No. 11-03 included both the FEMA Cooperating Technical Partners Memorandum of Agreement (CTP) and the Hawaii Cooperating Technical Partners Mapping Activity Statement (MAS); and WHEREAS this Mapping Activity Statement (MAS) was inadvertently included as part of Exhibit "A," although it is a separate project-specific interagency document and is not part of the subject CTP partnership agreement; and WHEREAS the original Exhibit "A" (CTP and MAS) attached to Resolution No. 11-03 should be removed and replaced with the revised Exhibit "A" (CTP). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the original Exhibit "A" attached to Resolution No. 11-03 be removed and replaced with the revised Exhibit "A," which is the FEMA Cooperating Technical Partners Memorandum of Agreement (CTP). Dated at xilo ,Hawaii, this 19tH day of February , 2004. INTRODUCED BY: 1---~ CO ~ C M MBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CxUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on February 19, 2004 HOLSCHUH JACOBSON ATTEST: REYNOLDS X SAFARIK X TULANG X TYLER X ~ 7 0 2 0 ~ ~ ~ Reference C -10 .2 / Ptv & IP.C ~ COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. EXIIIBIT "A" FEDERAL EMERGENCY MANAGEMENT' AGENCY COOPERATING TECHNICAL PARTNERS MEMORANDUM OF AGREEMENT AGREEMENT is made on , 2002, by these parties: Hawaii County, Hawaii, and the Federal Emergency Management Agency (FEMA). BECAUSE the National Flood Insurance Program (NFIP) established by the National Flood Insurance Act of 1968 has several purposes, the most significant being • To better indemnify individuals from losses through the availability of flood insurance; • To reduce future flood damages through community floodplain management regulations; and • To reduce costs for disaster assistance and flood control. BECAUSE a critical component of this Program is the identification and mapping of the nation's floodplains to create abroad-based awareness of flood hazards and to provide the data necessary for community floodplain management programs and to actuarially rate flood insurance; BECAUSE FEMA administers the NFIP and is authorized by §1360 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4101), to establish and update flood-risk zone data in floodplain areas. Further, in the identification of floodprone areas, FEMA is authorized to consult with, receive information from, and enter into agreements or other arrangements with the head of any State, regional, or local agency; BECAUSE FEMA encourages strong Federal, State, regional, and local partnerships for the purposes of reducing flood losses and disaster assistance; FEMA and its State, regional, and local partners have determined that it is advantageous to encourage and formalize greater cooperation in the flood hazard identification and mapping processes; and many communities and the agencies that serve them have developed considerable technical capabilities and resources that provide the opportunity to improve and expand the collection, development, and evaluation of flood hazard data; and BECAUSE Hawaii County participates in the NFIP and has been deemed by FEMA to be in good standing in the NFIP; and BECAUSE Hawaii County has expressed a desire to perform certain functions in the flood hazard identification process and has provided evidence that it has sufficient technical capability and will dedicate the resources necessary to perform those functions. NOW TIIEREFORE, it is mutually agreed that the parties enter into this Agreement to work together to create and maintain accurate, up-to-date flood hazard data for Hawaii County subject to the terms and conditions recited below. CTP Partnership Agreement ] ,2002 Hawaii County, HI 1. CONSULTATIONS The parties shall collaborate on flood hazard identification activities and shall consult with each other to fully integrate each other's contributions into flood hazard identification efforts. Questions regarding the execution of this Agreement will be resolved by an implementation committee consisting of a FEMA representative and a Hawaii County representative. In states where statutory and/or regulatory requirements require the State's review and/or approval of new flood hazard data, a State representative also will serve on the implementation committee as appropriate. If the implementation committee is unable to resolve technical issues, the issues maybe resolved through alternative dispute resolution procedures. 2. EVALUATION AND REPORTING The parties shall, on an annual basis, review the partnership created by this Agreement to determine and document the activities undertaken to maintain accurate flood hazard data and to revise the Agreement as necessary. 3. RESOURCE COMMITMENT The parties agree to commit the appropriate and available human, technical, and financial resources sufficient to coordinate effectively with all entities impacted by flood hazard identification efforts to implement this Agreement. 4. STANDARDS Unless otherwise indicated, all flood hazard identification activities will be accomplished according to FEMA 37, Flood Insurance Study Guidelines and Specifications for Study Contractors, dated January 1995, and Guidelines and Specifications for Flood Map Production Coordination Contractors, Final Draft, dated February 17, 1999, and all subsequent revisions to these documents. 5. SPECIFIC INITIATIVES Specific initiatives or projects to be performed are attached to this Agreement in the form of appendices. The parties will be obligated to perform as described in these appendices. 6. TERM The respective duties, responsibilities, and commitments of the parties in this Agreement shall begin on the date this Agreement is signed by the parties and maybe periodically renewed, revised, or terminated at the option of any of the parties. The parties agree that a 60-day notice shall be given prior to the termination of this Agreement. CTP Partnership Agreement 2 ,2002 Hawaii County, HI TI~EREFORE, each party has caused this Agreement to be executed by its duly authorized representative"s on the date mentioned above. CTP Authorized Representative Date CTP Authorized Representative (Printed) Title (Printed) FEMA Authorized Representative Date FEMA Authorized Representative (Printed) Title (Printed) State Authorized Representative Date State Authorized Representative (Printed) Title (Printed) (1n states where statutory and/or regulatory requirements require State review and/or approval of new flood hazard data, a State representative will be a signatory to this Agreement.) CTP Partnership Agreement 3 ,2002 Hawaii County, HI