NH Department of Safety MOU with NH-ARES

Department of Safety MOU with NH-ARES (.pdf)

State of New Hampshire
DEPARTMENT OF SAFETY
JAMES H. HAYES BLDG.33 HAZEN DR.
CONCORD,N.H.03305
(603)271-2791

ROBERT L. QUINN EDDIE EDWARDS
COMMISSIONER ASSISTANT COMMISSIONER

STEVEN R. LAVOIE
ASSISTANT COMMISSIONER

February 27,2025

Her Excellency, Governor Kelly A. Ayotte
  and the Honorable Council
State House
Concord, New Hampshire 03301

G&C 5N
03-26-2025
Approved
ESCM-ADMIN-12-2024-01

REQUESTED ACTION

The Department of Safety (DOS), Division of Emergency Services and Communications (DESC) respectfully requests approval to enter into a No Cost Memorandum of Understanding(MOU) with the American Radio Relay League (ARRL), The National Association for Amateur Radio. Amateur Radio Emergency Service of New Hampshire(NH-ARES), in order to establish a framework of cooperation and working relationship between our two agencies in times of disaster and crisis. Effective upon Governor and Council approval and will remain valid for a period of five(5) years from the date of approval.

EXPLANATION

This MOU will allow the DESC and NH-ARES to establish a framework of cooperation and will provide for a formal working relationship with volunteer radio amateurs organized under the authority of the NH-ARES and officials of the DESC. It is intended through this joint cooperation by the DESC and NFI-ARES, that the public will best be served in an emergency or disaster. Volunteer amateurs radio operators may play a critical role in disasters by aiding public safety officials with keeping radio communications going. The DESC wants to ensure that the DOS is able to leverage those resources of NH-ARES to the fullest extent possible to ensure public safety and the safety of residents and visitors of New Hampshire in a time of disaster or crisis.

Respectfully Submitted,

/s/ Robert L. Quinn
Robert L. Quinn
Commissioner of Safety

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MEMORANDUM OP UNDERSTANDING

(This Agreement Does Not Create Any Legally Enforceable Rights or Obligations)

(For use by executive branch State agencies with entities that are not part of the Government of the State of New Hampshire. 
See DAS MOP 161, II. C.)

I. WHEREAS, The New Hampshire chapter of the National Association for Amateur Radio, Amateur Radio Emergency Service(NH-ARES)is the American Radio Relay League(ARRL) sponsored emergency/public service-oriented communications organization which consists of registered and federally licensed Radio Amateurs who are able to provide critical communications to New Hampshire during emergencies and disasters when primary and secondary modes of communication are disrupted;

II. WHEREAS, the Division of Emergency Services and Communications(DESC) is a duly constituted executive branch agency of the State of New Hampshire and is responsible for coordinating the state's communications resources and interoperability activities during major emergencies and disasters and works at the direction of the Governor of the State of New Hampshire;

III. WHEREAS, NH_ARES desires to establishes a framework of cooperation for a working relationship with volunteer radio amateurs organized under the authority of the NH-ARES and officials of the NH DESC to better serve the public in an emergency or disaster;

IV. WHEREAS, pursuant to RSA 21-P:38, DESC Is responsible to support comprehensive state communications systems during natural and manmade disasters;

V. WHEREAS, DESC desires to build a framework for a working relationship with NH-ARES for assistance in cases where primary and secondary communications methods are disrupted;

VI. NOW,THEREFORE NH-ARES and DESC (hereinafter referred to as The Parties") enter into this Memorandum of Understanding for their mutual benefit and agree to act as follows:

1. The NH-ARES agrees to perform all actions and services described in the attached MOU Exhibit A, which is hereby incorporated by reference.

2. The DESC agrees to perform all actions and services described in the attached MOU Exhibit A, which is hereby Incorporated by reference.

3. The Parties agree that no exchange of payment will be made as part of this Memorandum of Understanding. To the extent the Parties determine that an exchange of funds between the Parties is necessary to realize the goals of this Memorandum, the Parties will execute a separate contract or grant to address any such payments, in accordance with standard contract or grant procedures.

4. The Parties agree that the obligations, agreements and promises made under this Memorandum of Understanding are not intended to be legally binding upon the Parties and are not legally enforceable. Additionally, the obligations, agreements and promises made by the Parties in this Memorandum of Understanding shall not comprise a standard of care or conduct to third parties.

5. This Memorandum of Understanding is effective until February 1,2030.

6. This Memorandum of Understanding may be amended by a written instrument signed by the Parties provided that the amendment does not Involve a State expenditure, the receipt of funds or the creation of an enforceable obligation.

7. Either party may terminate this agreement by providing written notice to the other party at least 60 days prior to termination.

8. Disputes arising under this Memorandum of Understanding should be resolved by agreement between the Parties to the extent possible. In the event that the Parties cannot resolve a dispute by agreement, the Parties anticipate that disputes will be resolved In the following manner:

NH-ARES Section Manager will meet directly with the DESC Director to discuss any concerns.

Any manner of dispute resolution agreed to by the Parties, as set out above, is purely voluntary and non-binding in nature and is not intended to create a legally enforceable right, responsibility and/or obligation. In the event that these processes do not resolve the dispute to the satisfaction of the Parties, either Party may terminate this Memorandum of Understanding in the manner set forth In paragraph 7.

9. This Agreement shall be construed in accordance with the laws of the State of New Hampshire.

10. The Parties hereto do not intend to benefit any third parties and this Memorandum of Understanding shall not be construed to confer any such benefit.

11. In the event any of the provisions of this Memorandum of Understanding are held to be contrary to any state or federal law,the remaining provisions of this Memorandum of Understanding will remain in full force and effect.

12. This Memorandum of Understanding, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire Memorandum of Understanding and understandings between the parties, and supersedes all prior Memoranda of Understanding and understandings relating hereto.

13. Nothing herein shall be construed as a waiver of sovereign Immunity, such immunity being hereby specifically preserved.

14.  FOR NH-ARES / ARRL

/s/ Peter Stohrer
Peter Stohrer - Section Manager WIFEA (Date) 2.7.2025

/s/ Alan Shuman
Alan Shuman, Section Emergency Coordinator KIAKS [Date] 2/8/2025

15.  FOR OESC:

/s/ Mark Doyle
Mark Doyle, Director [Date] 2/20/2025

/s/ Robert L. Quinn
Robert L. Quinn, Commissioner [Date] 2/21/2025
[Agency Head or Commissioner name in print)

VII. PL£ASE NOTE

1. MOU Exhibit A (MOU Terms) must be attached to this form.

2. This form Is Intended only for use with External Memoranda of Understanding("MOUs"). Please see the NH Department of Administrative Services Manual of Procedures (MOP) Chapter 161 for a discussion of the circumstances in which External MOUs may be used and refer to the MOU 2 form Instructions when executing this document. This MOU cannot be used for agreements that result in an expenditure, a receipt offunds or creation of an enforceable obligation.

3. If more than tvw entities are involved in the agreement, please Include all information listed above for each entity.

4. No changes may be nude to.the preprinted terms of this form without the approval of the Department of Justice.

5. External MOUs generally do not require Governor and Council approval. Agencies may nonetheless request such approval if they believe that to do so is appropriate in the circumstances. See MOP 161, V., D.. The Department of Justice and Governor and Council approvals appearing in paragraphs

VIII. Approved by the New Hampshire Department of Justice for form, substance, and execution:

By: Colin Carroll /s/ Colin Carroll On: 03/03/2025
[Name of Assistant Attorney General]  (Date)

IX. Approved by the Governor and Executive Council

/s/ David M. Scanlan On: Mar 26 2025
SECRETARY OF STATE

_______________________________________________________________

DESC/NH-ARES MOU Exhibit A

Principles of Cooperation

So that communications resources of the NH-ARES may be coordinated and utilized to the llest advantage if required during disasters, emergencies, and public-service related situations, and to the extent permitted or required by law and regulation, the NH-ARES group and the NH DESC have agreed that each organization will cooperate via the following principles:

1. Encourage on-going liaison with the other, so that both organizations may develop increasingly effective communications and cooperation.

2. Work with each other for developing emergency plans and training exercises by sharing relevant aspects of the emergency communication plans of both organizations.

3. Work with each other in times of disaster or emergency to meet the needs of the public.

4. Each party will, at the same time, work within its own lines of authority and respect the lines of authority of the other.

5. Distribute copies of and publicize this Memorandum through channels to its own members, and to other organizations, both public and private, which may have an active interest in disaster relief.

6. Establish a mutually acceptable means of identification for volunteers under this Memorandum which is honored by local law enforcement agencies during disasters and emergencies.

7. Understand that NH-ARES may have similar local memorandums with other disaster assistance-related agencies/organizations such as the American Red Cross, National Weather Service, local municipalities, as well as other federal agencies and that NH-ARES resources are available on a shared basis.

8. Recognize that NH-ARES Amateur Radio volunteers will assist in performing communications duties in accordance with the 2019 version of the "New Hampshire - State Emergency Operations Plan; Emergency Support Function #2/ Communications and Alerting: Responsibilities; Support Agencies; subsection 3. Amateur Radio Emergency Services(ARES).

9. The NH DESC recognizes, acknowledges, and agrees:

   • The NH-ARES is the sole organization providing Amateur Radio communications support to the State, and when appropriate, agrees to inform other state agencies that NH-ARES is the only official responding Amateur Radio organization in times of declared emergency.

   • The primary NH-ARES contact person with NH DESC shall be the Section Emergency Coordinator(SEC) or designee.

   • The Amateur Radio operators willingly give their time, skills, and use of equipment without remuneration and it is encouraged to publicly recognize those who participate.

   • The Amateur Radio communications volunteers working on behalf of NH DESC will be used solely for radio communications support activities.

   • To offer any agency-related training, certification, and credentialing of NH- ARES members who are requested to perform their duties at any state facility.

   • To provide access to the NH Emergency Operations Center and other NH DESC facilities in Concord and elsewhere in New Hampshire when needed.

   • To schedule post-event meetings after any deployment or drill for the purpose of evaluating the effectiveness of the response and relevant plans.

   • That NH-ARES is an all-volunteer group whose members have primary work, family, and other commitments, and will respond to the best of its ability.

   • To assist in, but not guarantee, gaining access for Amateur Radio facilities on slate-owned or controlled tower sites in support of the NH-ARES mission.

10. NH-ARES recognizes, acknowledges and agrees:

    • That NH DESC, as the legally responsible agency for official state emergency communications and operations within New Hampshire, will be the sole point of contact for communication support requests from all other state agencies, and will request NH- ARES support when it deems appropriate at NH DESC discretion.

    • To respond to the best of its ability when requested by NH DESC for emergency operations and drills.

    • To assist in training NH DESC staff with regard to the appropriate integration of Amateur Radio within NH DESC operations and to work with NH DESC staff to enhance the readiness of all Amateur Radio operations.

    • To maintain a current list of its members, and to provide NH DESC with current emergency contact information for NH-ARES leadership and to assist NH DESC in the Identification, recruiting and training of suitable NH-ARES members.

    • To provide ongoing training opportunities for its members to facilitate an effective response on behalf of the State of New Hampshire.

Points of Contact

A. Administrative points-of-contact;

1. NH-ARES

Name: Alan Shuman, K1AKS
Title: ARRL NH Section Emergency Coordinator
Phone: 603-481-3333
Email Address: K1AKS@arrl.net / akshuman@comcast.net

2. DESC

Name: Timothy Scott
Title: Assistant Director
Phone: 603-227-0043
Email Address: timothv.c.scott@desc.nh.gov

B. Activation and operational points-of-contact:

1. NH-ARES

Name: David Colter WA1ZCN
Title: ASEC of Operations and Education
Phone: 603-344-6399
Email Address: wa1zcn@myfairpoint.com

2. DESC

Name: Robert Erskine
Title: Chief of Radio Communications
Phone: 603-340-2743
Email Address: robert.h.erskine@desc.nh.gov

C. NH-ARES Alternate and Local Contacts

Contact information for other state and local NH-ARES staff is contained in Attachments A and C of the NH-ARES Emergency Communications Plan, a copy of which is kept on the NH-ARES website (https://www.nh-ares.org/).